Special Interest Films
TERMS AND CONDITIONS OF TRADE
Standard Terms and Conditions: These Terms & Conditions shall apply to all media orders accepted by Special Interest Films Ltd (“the Producer”) for media to be included within the Program and associated Program media channels.
- Payments are strictly net of agency commission, unless otherwise stated, and are subject to settlement in favour of the Producer within fifteen (15) days of the date on which the media order is confirmed, unless alternative payment terms are stated, with VAT being charged where applicable. Where media booked is for one, or more stages, then payment for all stages is required on the specified due date for the first stage, unless alternative payment terms are stated. Overdue balances are subject to interest being charged on account of 1.5% per month (18% per annum). Unpaid accounts referred to a third party for recovery will incur collection costs. The Buyer will have no right to set-off monies owed to the Producer. All media orders are accepted by the Producer subject to the approval of the Committee. Upon the date of approval by the Committee, an invoice will be raised.
- Where alternative Payment Terms are expressly stated, each payment must be made on or before the agreed date and each payment must be met upon first presentation. Failure to comply will result in all outstanding amounts at the given date becoming immediately due and payable, with the Producer retaining the right to cancel the media order and retain any payments paid by the Buyer.
- Where alternative Payment Terms are stated should the result of an independent credit reference on the Buyer be unacceptable to the Producer, the Producer retains the right at any time thereafter, to demand a payment of an initial deposit equal to 30% of the order value, with the payment of that deposit to be made within fifteen (15) days of demand, with the remainder of the sum payable pursuant to the payment terms of the media order.
- The Publisher reserves the right to delay publication of any stage of the Program, or associated media channels, in the event of unforeseen circumstances. Should the Program be unable to be published for whatever reason, or should distribution and or the sponsoring or distribution partner for the Program change, or should the materials provided by the Buyer be rejected from appearing within the Program, the Producer, at its sole discretion, reserves the right to transfer the media booked into another Program reaching a similar audience. In the event that distribution guarantees do not reach those stated, invoice values will become payable on a pro-rata basis.
- Over and above the materials that the Producer is contracted to produce for the Buyer, the Buyer is solely responsible for the submission to the Producer of suitable materials, by the deadline provided and must ensure the materials i.e. the text, images and all other digital and non-digital elements from which it is comprised) complies with the Producer’ specific requirements. If suitable material is not received by the deadline, the Producer reserves the right to repeat the materials last used. Late delivery of suitable material after the deadline will incur forfeiture of the media booked at full cost.
- The Producer reserves the right to refuse, or suspend unacceptable materials at any time after providing justification. If such action is deemed necessary, no claim on the part of the Buyer, or any other party for damages, or breach of contract shall be accepted. The Producer reserves the right to charge supplementary processing charges where material is not supplied in accordance with the specifications provided. Should the media not appear due to the act or default of the Buyer, then the media space allocated shall be paid for in full, notwithstanding that the media has not appeared and the space become forfeit.
- The specific placement of the media is at the sole discretion of the Producer, unless a specific position is detailed on this media order. Solus positions are not guaranteed unless detailed on this media order.
- The Buyer warrants that the advertisement does not contravene any Act of Parliament in the UK, or in any other country, nor is it in any way illegal or defamatory, or an infringement of any other party’s rights, or an infringement of the British Code of Advertising Practice. If any claim arises against the Producer as a result of the media, the Buyer will be fully liable to indemnify the Producer.
- To ensure uninterrupted, continuous and price-capped access to this audience via this Program, all orders will be automatically renewed, for a further term and charged at the same rate, using the same materials and appearing in as similar position as reasonably possible, on a rolling basis, unless either party notifies the other in writing by giving no less than sixty (60) days notice, prior to the press date for the next stage, after the expiry of the term (available on request, or found here). The Publisher must receive the cancellation notice in writing in accordance with the cancellation terms herein. Cancellation received without sufficient notice will be charged in full.
- Should any Terms within this media order be determined illegal, or unenforceable for any reason by a court of law, then such Terms shall be deemed severable from this notice and the remaining Terms shall survive and remain in full force and continue to be effective, binding and enforceable.
- This media order constitutes the final, complete, and exclusive statement of the terms between the parties pertaining to the subject matter and supersedes all prior and contemporaneous understandings or agreements of the parties. This media order constitutes a binding contract with a firm commitment to the Producer.
- This media order shall be governed by and construed in accordance with English Law and the parties hereto irrevocably submit to the non-exclusive jurisdiction of the English Courts in respect of any dispute on matter arising out of or connected with the agreement.