Terms & Conditions

1 (a) IN these terms and conditions “the Publisher” means iKabs Ltd and “the Advertiser” (which expression shall include any principal on whose behalf the Order Acknowledgement Form (“the order”) is signed) means the person, firm or company placing the order named accordingly overleaf. Persons signing the order shall be deemed to have authority so to do the person, firm or company on whose behalf they are acting or purporting to act.

1 (b) “Orders” means the contract between the Publisher and the Advertiser on the basis of the detail overleaf and these terms and conditions of business. This agreement shall arise on the receipt by the Publisher of the signed Order form.

1 (c) The parties agree that, on the Agreement coming into effect in accordance with condition “b” above, it shall incorporate these terms and conditions and, having been given due consideration by both parties, they are considered reasonable and fair.

2 (a) Cancellation of an advertisement booking must be made within 7 working days from the date of receipt by the Publisher of the signed Order form. Cancellation will incur a charge of 30% of the order value; all cancellations must be submitted in writing to the publisher.

2 (b) In the event that the advertisement is published within 7 working days from the date of receipt by the Publisher of the signed Order form then condition “2 (a)” shall not apply. In this event cancellation will be at the discretion of the Publisher and cancellations under this condition will incur a charge of 70% of the order value.

3 (a) The Advertiser shall supply the Publisher with copy details for the advertisement within 5 workings days from the date they are requested. If copy details are not supplied in accordance with the above, the Publisher may create an advertisement from the information detailed on the booking form. In this event he Advertiser shall remain liable for the full charges.

3 (b) The Advertiser warrants that all copy submitted to the Publisher for the advertisement shall be legal, decent, honest and truthful, that it complies with the British Code of Advertising Practice and all other codes under general supervision of the Advertising Standard Authority, that it is not defamatory and in no way infringes the rights of any third party and that it complies with the code of practice of any professional body of which the Advertiser is a member. The Publisher shall have the right to make any reasonable alterations they consider necessary or desirable to the advertisement, or to require any blocks of copy to be amended to meet their approval. The Advertiser indemnifies the Publisher from any claim or expense that results directly or indirectly from the publication of the advertisement.

4 (c) The Advertiser acknowledges and agrees that, whilst the Publisher will make every effort to publish the advert within 7 working days of the final copy date, no guarantee can be given.

4 (d) Advertisements will be published for a minimum period of 12 weeks from the first day of publication. In the event of the Publisher not receiving the Advertisers copy on or before the final copy date then the term shall commence from the date of receipt of the signed order form.

5 SAVE as otherwise provided and to the extent permitted by law:

5 (a) The Publisher will not be under any liability in respect of errors or omissions, whether or not arising from negligence, save that this will not exclude or restrict liability for death or personal injury resulting from the Publisher’s own negligence.

5 (b) The Publisher will not be liable in contract, tort, or otherwise, for any loss (whether direct or indirect) of profits, business, or other losses of any nature in respect of any matter subject to a claim under this agreement.

5 (c) In the event of the Publisher cancelling this Agreement, prior to the advert appearing, or otherwise in respect of any error or omission by the Publisher, then the Advertiser shall be entitled to a refund of such part (not exceeding the whole) of the charge for the advert, as is fair and reasonable, having regard to the reason for the cancellation or the nature of the error or omission and the amount of such refund under this condition shall be determined by the publisher whose decision shall be binding. This shall only apply after the Advertiser notifies the Publisher of the error or omission and allows the Publisher reasonable time to effect any corrections. In the event that the error or omission is caused due to incorrect copy supplied by the Advertiser then condition “5 (c)” shall not apply.

6 THE Advertiser warrants to the Publisher that it is the owner or otherwise authorised user of any intellectual property rights containing, or otherwise affecting, the advert and shall indemnify the Publisher from and against all proceedings, claims, demands and any other costs and expenses made or pursued against the Publisher in connection with the advert, to include, but without prejudice to the generality, any such proceedings, claims, demands or costs and expenses made in respect of intellectual property rights, defamation, breach of any statutory enactment or regulations made thereunder, or any other matter whatsoever.

7 THE Advertiser warrants that the goods and/or services advertised shall comply with any statutory and common law requirements applicable theretofrom time to time and the Advertiser shall indemnify the Publisher against any costs, claims, demands and expenses in respect of any infringement thereof.

8 SAVE as otherwise mentioned in the terms and conditions, there is no right for either party to cancel, or otherwise vary the agreement.

9 Invoices will be issued on approval of the advertisement copy. Payment of account shall be no later than 10 working days following invoicing SAVE as otherwise agreed on the Order Form.

10 The contract shall be governed by English law and the Advertiser and the Publisher shall submit to the jurisdiction of the English courts.