Terms and Conditions for Advertising
Advertising Terms and Conditions
A Definitions and Acceptance of the Terms and Conditions
1. The British Dyslexia Association (“BDA”) accepts publication of Advertisements (as defined below) on the terms and conditions set out herein (“Terms”).
2. These Terms apply to:
- print advertisements and advertorials in Contact magazines (the “Magazines”);
- online advertisements and advertorials on www.bdadyslexia.org.uk (the “Website”);
- Adverts and advertorials through BDA email marketing (including, but not limited to, e-newsletters, 1-2-1 emails or e-shots sent by BDA) ("Emails”)(together “Advertisements”).
3. By placing an order, the “Advertiser” (which is the person bidding for or placing the order for the Advertisement whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these Terms in full.
B Content and Delivery of Advertisements
4. Materials for any Advertisement (whether print or digital) must adhere to BDA’s technical specifications and be delivered to BDA within the applicable timeframes.
5. BDA may, without any responsibility to the Advertiser, reject, cancel or require any Advertisement to be amended that it considers unsuitable or contrary to these Terms and remove, not print, suspend or change the position of any such Advertisement. BDA may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising in any of the Magazines, the Website or Emails. The Advertiser will remain responsible for all outstanding charges.
6. The publication of an Advertisement by BDA does not mean that BDA accepts the Advertisement has been provided in accordance with these Terms or that BDA has waived its rights under these Terms.
7. The Advertiser guarantees to BDA that:
- any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
- it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
- the Advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice (including the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (the “CAP Code”) and all other codes under the general supervision of the Advertising Standards Authority and/or the Office of Fair Trading), are not libellous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights);
- the Advertisement will not be prejudicial to the image or reputation of BDA or the Website or the Magazines, and will not contain anything which BDA in good faith considers to be offensive or otherwise inappropriate;
- all digital Advertisements submitted for publication online or by email will be free of any viruses, adware, malware, bit torrents, and no Advertisement will cause an adverse effect on the operation of the Website; and
- all digital Advertisements comply with (i) the standards for online advertising published by the Coalition for Better Ads (https://www.betterads.org); and (ii) the “L.E.A.N.” best practice principles for online advertising standards published by the IAB UK, each as may be updated from time to time.
8. Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorised by the advertiser of a product or service to place the Advertisement with BDA and the Advertiser will compensate BDA for any claim made by such advertiser against BDA.
9. All Advertisements are accepted on the basis that they will be paid for at the prevailing rates set out in the Collaboration Agreement.
10. All sums payable to BDA should be made in accordance with BDA’s Financial Terms & Conditions which are: BDA will provide services only on a pre-payment basis, with receipt of cleared funds prior to the booking being confirmed. For Advertisements which will continue on a rolling basis, invoices will be issued one month in advance. BDA’s standard payment terms are cleared funds 30 days from date of invoice. BDA reserve the right to charge interest on late payment at 4% above the Bank of England base rate.
D Online and Email Advertisements/Advertorials
13. BDA and its service providers will only use any Advertiser Data solely in relation to the Advertiser’s particular advertising campaign. All such Advertiser Data collected by BDA will be treated as the confidential information of the Advertiser and will not be disclosed by BDA to any third party (other than BDA’s service providers for the purpose of BDA complying with its obligations under these Terms) without the consent of the Advertiser. In no event will any Advertiser Data be combined with information collected from other sources, except where the Advertiser has agreed otherwise.
E Liability of BDA
14. BDA accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to BDA or any loss or damage to any Advertisement copy or any other materials. The Advertiser guarantees that it has retained sufficient quality and quantity of all materials supplied to BDA.
15. BDA shall use its reasonable endeavours to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.
16. BDA will not be responsible for any additions to, changes in, deletions from, delays in publication or withdrawal of any Advertisements required by any authority having responsibility for the regulation of online or press advertising (including the Advertising Standards Authority).
17. BDA cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of BDA. However, BDA will use reasonable efforts to comply with the wishes of the Advertiser.
18. If a booked Advertisement is not published at all solely due to a mistake on BDA’s part, BDA will try to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original booking will be cancelled and the Advertiser shall be entitled to a full refund if the Advertiser has paid in advance for the Advertisement. This shall be the Advertiser’s sole remedy for failure to publish the advertisement.
19. If the Advertisement as reproduced by BDA contains a substantial error solely due to a mistake on BDA’s part, BDA shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. BDA shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform BDA of any errors and provide any necessary assistance to BDA to prevent a repeat of the error.
20. BDA shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by BDA and the Advertiser, and BDA’s maximum total liability for any loss or damage arising out of or in relation to any Advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant Advertisement actually paid by or on behalf of the Advertiser.
21. In respect of Advertisements on the Website, BDA does not guarantee continuous, uninterrupted access by users of the Website but will use reasonable efforts to provide this. In addition, BDA will not be responsible for any failure or delay affecting production or publication of any Magazine or the transmission of the Website and any Advertisements contained in them, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of BDA.
22. For the avoidance of doubt, nothing in these Terms will limit or exclude BDA’s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
23. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
F Liability of the Advertiser
24. The Advertiser will fully indemnify BDA from all investigations, claims, fines, losses, damages, costs (including reasonable legal fees) expenses and liabilities arising as a result of any breach or failure to comply with any of these Terms and/or the use or publication of the Advertisement by BDA in accordance with these Terms.
25. BDA owns the copyright in all Advertisements written or designed by it or on its behalf.
26. Any use of BDA’s logo’s and/or icons (of any form) by the Advertiser is not permitted, unless the Advertiser has sought written permission from BDA
27. The Advertiser grants BDA the right (free of charge) to:
- use such of the Advertiser’s names, trade marks and/or logos as BDA may consider necessary for the purposes of publishing the Advertisements;
- reproduce the Advertisement in any media at any time from the date the Advertisement was last published in the Magazines for promotional purposes. For the avoidance of doubt, the content, layout and format of any Website or Magazine will be subject to variation at BDA’s sole discretion.
H Cancellation policy
28. The Advertiser may cancel an Advertisement. The minimum notice period for cancellation by the Advertiser is 30 days. Please send notice of your intention to cancel to the person who made your booking. Cancellation will only be effective on confirmation of receipt of your notice.
29. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, BDA may treat the order as cancelled.
30. Cancellation by the Advertiser does not entitle the Advertiser to a refund of any sum paid to BDA.
31. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
32. If BDA fails or delays in exercising its rights or remedies provided by these Terms, it shall not be deemed to have waived that or any other right or remedy under these Terms.
33. Nothing in these Terms shall be deemed to constitute a relationship of principal and agent, a partnership, joint-venture, or co-ownership. Neither party shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.
34. These Terms are the entire agreement between the Advertiser and BDA in respect of the Advertisements and no modification to these Terms will be effective unless made in writing and signed by both BDA and the Advertiser.
35. These Terms and any documents referred to and therefore incorporated by reference herein shall apply to the exclusion of all other terms and conditions which the Advertiser purports to apply to the purchase of Advertisements (including, without limitation, terms in any insertion or purchase order, e-mail, acknowledgement or click through agreement). To the maximum extent permitted by law, other than as set out in these Terms, all warranties and representations, whether express or implied, are excluded.
36. Subject to clause 23, these Terms (and any non-contractual obligations arising in connection with them) shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to these Terms (and any non-contractual obligations arising in connection with them).