1. Definitions & Interpretations
1.1 In these terms and conditions:
- "Advertisement" means any form of promotional or advertising material, including advertorial content, classifieds, and recruitment advertising, to be published in TechNational's Print Publication or displayed electronically as part of the Online Publication.
- "Advertisement Confirmation" refers to the written confirmation provided by TechNational for the Buyer's order.
- "Advertiser" is any entity, including the Buyer or the Advertiser's advertising agency, promoting products or services to the public.
- "Advertiser Dependencies" encompass various obligations of the Buyer concerning the Advertisement, including the Copy Deadline and file format specifications.
- "Buyer" is the party placing an order with TechNational for Advertisement publication.
- "Copy Deadline" is the latest date by which the Buyer must submit instructions and copy in compliance with these terms.
- "Online Publication" includes TechNational's website and electronic media associated with its publications.
- "Print Publication" refers to any newspaper, magazine, or insert published by TechNational.
2. Application of these Terms and Conditions
2.1 Advertisements accepted by TechNational are subject to these terms and conditions. These terms shall prevail over any other terms and conditions proposed by the Buyer.
2.2 An order is considered accepted when TechNational issues an Advertisement Confirmation.
2.3 TechNational shall comply with all applicable laws and regulations, including but not limited to the Data Protection Act 1998, the Gambling Act 2005, and the Consumer Protection from Unfair Trading Regulations 2008.
3. The Buyer's Obligations
The Buyer warrants, represents, and undertakes that:
- The Buyer contracts with TechNational as principal, even if acting on behalf of the Advertiser.
- The Buyer promptly notifies TechNational of any changes in details.
- All Advertiser Dependencies are met, and copy is supplied in an approved digital format.
- The Advertisement complies with all relevant legislation, codes, and laws.
- In case of financial promotions, the Advertisement complies with the Financial Services and Markets Act 2000.
- The Advertisement is legal, honest, and truthful, complying with relevant advertising codes.
- Electronic submissions are free of software viruses or any disruptive code.
- Information supplied is accurate and complete.
- In cases where the Buyer acts as the Advertiser's agent, the Buyer is authorized to place the Advertisement.
- The Buyer retains copies of all materials submitted to TechNational.
4. Advertisements: Copy, Alterations, Accuracy, Publication, etc
TechNational may request amendments to Advertisement materials and may refuse to publish or alter an Advertisement to comply with legal or ethical obligations. TechNational is not responsible for errors, positioning, or quality of reproduction but will endeavor to fulfill reasonable requests. Copyright for materials created by TechNational remains with TechNational.
5. Advertisements: Responsibility and Liability
5.1 The Buyer indemnifies TechNational against all claims arising from the Advertisement or any breach of Buyer's obligations.
5.2 TechNational is not responsible for the correctness of the Advertisement, errors, quality of reproduction, or positioning. TechNational's liability is limited to specified remedies.
6. Payment Terms
6.1 Payment is due in advance, as specified in the Payment Schedule. Payment is subject to UK VAT at the prevailing rate.
6.2 Late payment may result in interest charges, administration fees, and debt collection costs.
6.3 TechNational may adjust rates and charges and require extra payments for late or inadequate materials.
7. Cancellation & Termination
7.1 Cancellation requests must be made in writing and confirmed by TechNational. Cancellation costs apply and are non-refundable in certain cases.
7.2 Partway cancellations for Online Publications may be subject to non-refundable charges.
7.3 TechNational may terminate the contract in specified circumstances.
8. General
8.1 These terms and conditions are governed by English Law, and parties submit to the exclusive jurisdiction of English courts.
8.2 Severance: If any provision is invalid, illegal, or void, it does not affect the validity of other provisions.
8.3 Waiver: Failure to exercise a right does not waive it.
8.4 Third Parties: These terms do not confer benefits on third parties under the Contracts (Rights of Third Parties) Act 1999.
These terms and conditions are essential for maintaining a fair and transparent relationship between TechNational and its clients.