► Clients terms

Clients terms

1. DEFINITIONS
Media – the media specified in the order.
Agreement – the binding agreement between you and us comprising the contract (if applicable), the credit agreement (if applicable), any standing order form (if applicable) and these standard conditions and any variations or special terms agreed in accordance with condition 2.
Copy – the details and layout of the media (if applicable), which you specify.
Event – an organised event provided by us, such as fresher’s fairs, refresher’s fairs
Payment due date – the date shown on the order which is the latest date we must receive cleared funds, so that we can accept your order.
Campaign start date – the date shown on the order which is the first date of the campaign.
Campaign end date – the date shown on the order which is the last day of the campaign and the date which all media will be removed or will discontinue being displayed.
Production date – date of which campaign is due. This date may be subject to certain agreements with client.
Campaign – the named campaign that is specified on the order.
Order – the form, which shows details of the media.
Onsite media – medias such as onsite stalls or fresher’s fair stalls, where you are placing an order to rent al space within the organisation premises for a given space of time.
Distribution media – media such as student mailings or flyers hand to hand distribution, where you are placing an order to distribute your printed media or samples.
Printed media – media such as newspaper advertising or handbook advertising, where you are placing an order to place your advertising copy into printed media of the organisations.
Online media – media such as website advertising or email advertising, where you are placing an order to place your advertising copy into websites or emails of the organisations.
We/Us – Bucks Students’ Union whose address is Queen Alexandra Road, High Wycombe, Bucks, HP11 2JZ. Registered charity number: 1144820.
You – the person, firm or company named on the order who wants the media to appear in the said campaign.

2. VARIATIONS TO THE CONDITIONS
Any variations to this agreement and any special terms will only be effective if set out in a printed form issued by us or agreed by the Communications and Marketing Manager of Bucks Students’ Union.

3. ACCEPTANCE
When you, or someone acting on your behalf, signs the order, you are offering to enter into an agreement with us under the terms of the order, these conditions, and where appropriate, the credit agreement and any variations or special terms agreed in accordance with condition 2. That agreement only becomes binding when we accept the offer. Acceptance will be conditional on your meeting relevant credit and client criteria.

4. OUR RIGHTS AND RESPONSIBILITIES
4.1 We can decide not to place the campaign. In this situation you will be entitled to a full refund of any money you have paid for any media which would have appeared in the campaign but you will not be entitled to any other compensation or damages.
4.2 We do not have to allow access/publish/display/distribute the media if we consider that the copy does not meet the standards of the Advertising Standards Authority or is unacceptable for campaign for some other reason, or if you have not supplied any part of the copy by the campaign close date, or if the copy does not meet the standards of the client.
4.3 We will not be liable for any disruption or delay in producing or distributing the campaign, or for failing to perform our duties under this agreement if the failure is caused by circumstances beyond our control.
4.4 We accept all artwork from you on the understanding that you have unconditionally approved the artwork for the campaign.

5. YOUR RIGHTS AND RESPONSIBILTIES
5.1 All media copy you provide must be accurate, approved, legal, decent, honest and truthful and it must meet the standards of the Advertising Standards Authority. You must own or have authority to use any trade name, trademark, British Standard Mark or other quality assurance mark, logo or other material that is used in the Copy. Bucks Students’ Union shall not be held responsible if any of the afore mentioned have been used without authority. You must own the copyright in the copy (except in the circumstances and subject to the assignment provided for in condition 8) and the copy must not infringe the copyright any third party has in copy. The copy must not infringe the rights or pass off the goodwill of any third party. You must be authorised to use any logo or name of any trade association you use in the copy and you must be a paid up member of the Trade Association.
5.2 Standard payment terms are full cleared payment in advance of the campaign start date, unless you have pre-arranged payment terms agreed by the Communications and Marketing Manager of Bucks Students’ Union. This is the only person authorised by us to make any changes to the standard payment terms or any matter relating to it.
5.3 You must pay the amount we invoice you for, using the payment method specified in the order. If you do not make any payment or instalment due under this agreement or any other contract between us, we can keep all sums you have already paid and you will immediately have to pay us all outstanding amounts. Primarily the person who signs this booking form will deem payment payable, and then secondly the company of the person who has signed this booking form. We may also (without prejudice to our other rights) immediately terminate this agreement or any other order from you.
5.4 Interest at a rate of 8% per month will be applied to any amount you have not paid after 30 days from the due date of payment (unless the law prevents us from charging interest). We can charge you any reasonable administration costs for recovering the amounts you owe. If you owe us any sum of money, we may deduct that amount from any sum which we may owe you at any time under this agreement or any other agreement we have with you.
5.5 You shall indemnify us, our employees and agents against all proceedings, claims, demands, expenses, losses and/or damages arising from processing or access, publish, display or distributing of any information or material you gave us, including any claims arising as a result of defamation, illegality, false description or breach of any third party rights.
5.6 The order must be placed in the ordinary course of your business and the media must be for your own business or a client of yours, if acting as an agency. You must not sell the advertising space to any other party.
5.7 Should you require your original artwork to be returned, you must state this in your order form. Should you not state this, your artwork will be held by us for 21 days after campaign and then may be destroyed.
5.8 All orders made should adhere to our equal opportunities policy.

6. SPECIAL TERMS AND CONDITIONS RELATING TO ONSITE MEDIAS
6.1 If requested you must name all individuals who will be representing and responsible for your stall.
6.2 We reserve the right to refuse admission to any of our or University owned buildings if you fail to abide by these terms and conditions, or to take action to ensure compliance.
6.3 All confirmed orders will receive information/location packs and where applicable entry passes/booking codes being shown/quoted.
6.4 Stalls or rented space may not be sublet. Only the named client attending any event or onsite activity through us may advertise their own products or services. We must be informed, in writing, if the organisation wishes to promote the interests of another company other than their own stall. Permission, if granted, will be given in writing and must be displayed on the stall for the organisation, on all days of attendance. Failure to display this information will result in instant removal from the premises and you will be entitled to no refund.
6.5 All stalls are taken at the risk of the stall holder. The date(s) of the events stated within the booking form are subject to change and if subject to circumstances beyond our control can be rescheduled by us.
6.6 Should we postpone the event due to circumstances beyond our control, the event will be rescheduled to a later date, within 30 days of the original date(s). No refunds will be issued in these circumstances unless the rescheduled date(s) is after 30 days from the date stated on the booking form.
6.7 Stalls are non-transferable. The content of a stall must not be substantially different to that indicated by the name of the stall on the original order request form.
6.8 You agree to indemnify Bucks Students’ Union against any damage to them, their property or the property of any third parties.
6.9 You will be granted access to the premises from the agreed published entry times as stated within your booking form and subsequent confirmation of your order.
6.10 Health and Safety Regulations. You must not obstruct access to fire exits or appliances when exhibiting at any of our or University premises. You must not endanger the safety of Union or University staff, students or the general public. You must comply with any health and safety instructions issued by us or health and safety advisers.
6.11 The distribution of alcohol in any form is not permitted, unless you have written permission from the Communications and Marketing Manager of Bucks Students’ Union, granting you access to supply samples and must abide by the terms stated in this permission.
6.12 You must set up your own stalls. You are responsible for clearing up your own stalls, and all rubbish in, on, or around it. You must (if not supplying your own) use the display boards provided (if provided for displaying any posters). Stall holder’s posters are not to cover our posters or displays. Unauthorised posters or advertising will be removed by us.
6.13 You may play music on your stall provided that permission is given by us. Any music played must be played at a reasonable level that does not interfere with the activities of any other stall holder. If requested by us to turn the music down, you must comply.
6.14 You must keep your stalls, activities and displays within the space allocated by us. Clients must behave in a considerate and responsible manner to our staff, University staff, other clients, students or the general public. Failure to do so may result in expulsion from our premises. This extends to all people acting on behalf of you in an official or unofficial capacity.
6.15 You may park in the agreed loading area stated in advance by us, only for the purpose of loading and unloading only. Any vehicle is not to be left, even temporarily, in such a manner as to block access to the Union or University facilities or safety/fire exit/entry points. No parking will be provided on any of our sites unless pre-arranged by the Communications and Marketing Manager and such arrangements have been confirmed.
6.16 You will not be granted access to electric power, telephone lines or wireless internet unless these facilities have been requested in advance and their provision confirmed by us.
6.17 You must vacate Union or University premises by within one hour of the end time of your onsite order.

7. SPECIAL TERMS AND CONDITIONS RELATING TO DISTRIBUTION MEDIAS
7.1 We can decide not to produce our summer mailing. In this situation you will be entitled to a full refund of any money you have paid for any order which would have appeared in the summer mailing but you will not be entitled to any other compensation or damages.

8. CANCELLATION
8.1 In addition to any statutory rights you may have to cancel your order, you may cancel part or all of your order by giving notice in writing to Bucks Students’ Union. We must receive this notice by the campaign start date or within 14 days of the date of the booking order, whichever is earlier.
8.2 If we receive written notice to cancel an order more than 14 days after the date of the order, we will only act on this notice based on a cancellation fee which will be equal to 25% of the charge for the media plus VAT. We cannot accept a request to cancel the order if we receive the request after the campaign start date. These conditions will not apply if you cancel this order pursuant to any statutory rights you have.
8.3 Cancelling any part of the order means that you no longer qualify for a discount for multiple advertising and/or agency discount (if applicable). We will adjust the rate of the remaining advertising to reflect the standard rate card price of all previously rented, published, displayed, distribute medias.
8.4 Onsite cancellation fees for fresher’s fair bookings only - if a stall is cancelled before 1 September in the year of the fresher’s fair booking you will be charged 25% of the full order agreed. If a stall is cancelled after 1 September in the year of the fresher’s fair booking you will be charged 100% of the full booking agreed, however if we receive written notice to cancel an order or part order after an event is postponed by us we will only act on this notice based on a cancellation fee which will be equal to 25% of the charge for the media plus VAT.

9. OUR LIABILITY
9.1 Our only liability, if any under this agreement, will be to provide a refund if we fail to perform our duties. We will not be liable for any direct or indirect or consequential loss or damage arising from any rented, published, displayed or distributed media, or from not placing the orders in the campaign, even if resulting from our negligence.

10. COPYRIGHT ON COPY DESIGNED BY US
We have copyright on all artwork, copy and other material, which agents, our employees or we have contributed to. Any reproductions for other campaigns outside those of Bucks Students’ Union must have written permission from us or the artwork supplier. If used without our authorisation, the campaign to which the artwork is produced within will be liable to a charge.

12. CLIENT VETO
12.1 We have a number of exclusive contracts and form a client veto list. This veto list prevents us from advertising any form of media from organisations or businesses offering the same or similar products/services or for ethical reasons we are restricted from working with. If you book a form of media that contravenes our veto list, we reserve all rights to cancel the order and offer a full refund of any money you have paid.

13. AGREEMENT
This agreement sets out the entire agreement and understanding between you and us and it replaces all previous agreements, arrangements or understanding between us. You are not entering into the agreement or any part of the arrangements by replying upon any statements or warranties that are not set out in the agreement.