Local Sales Terms And Conditions

  1. This is a two year contract and is not subject to cancellation or termination by the Advertiser
  2. The Advertiser agrees to provide the Company, or its agent, with copy for the advertisement or the information necessary for the Company to produce the copy, at the time of signing of the contract. If not, the Company reserves the right to produce the advertisement in the manner and form it considers suitable.
  3. It is the responsibility of the Advertiser to advise the Company if no advertisement proof is received within 3 weeks from the date of the signing of this contract. If no amendments are received and acknowledged by the Company within four weeks of the date of signing, the original proof shall be deemed to be correct in all respects.
  4. This contract relates to an advertisement ("the Advertisement") produced for the Advertiser, which the Company undertakes to transmit for the Initial Advertising Period, the period of two years from the date of its first transmission, on the digital screen network at the Site(s) listed overleaf.
  5. The Advertiser shall have no preferential rights as to their position in the programme in which the Advertisement is contained ("the Baby TV Programme loop").
  6. The Advertiser shall indemnify the Company against all claims in respect of any alleged infringement of copyright, trademark or design or in respect of any passing off or slander or title arising in consequence of the exhibition of the Advertisements in pursuance of this contract.
  7. The Company reserves the right for any reason to withhold, withdraw or refuse any advertisement.
  8. The Company reserves the right to withdraw any Advertisement that generates a complaint from the Retailer or a Retailer's customer
  9. The Company has the right to change the shape, size, title and locale of any advertisement.
  10. If, due to circumstances (such as store closure), it is no longer possible to provide the Service in a particular location, the Company reserves the right to transfer the Advertisement to an alternative location within the locality of the Advertiser
  11. The artwork charges declared overleaf relate to the initial artwork at the time of the first transmission of the Advertisement ("the Initial Charge"). The Advertiser may change the artwork but a change of text or artwor k shall cost a minimum 10% of the Initial Charge. Changes to the substance of the advertisement will be by quotation only.
  12. Where the business of the Advertiser is taken over by a new proprietor (or where the business or the nature of the business changes) , during the currency of this contract, the Advertiser shall remain fully liable thereunder unless the new proprietor advises the Company by recorded delivery post that it does not accept as its responsibility all the terms of this contract. Should, however, the new proprietor default on any of the contract terms, the Advertiser shall remain fully liable for any loss sustained by the Company.
  13. The costs payable by the Advertiser shall be as declared overleaf - any cancellation of the cheque for the first payment due on the signing of the contract shall not invalidate the contract. All subsequent payments shall be due under an instruction to the bank and payable by Bankers Order to be signed at the time of the signing of this contract. In the event that the Advertiser shall fail to make any payment due under the terms of this contract on the due date, the total outstanding balance shall immediately become due and payable, together with any costs incurred by the Company in connection thereto together with interest at the rate of 8% over the base rate of the Bank of England for the time being, from the due date.
  14. In the event of any failure to pay any instalment on its due date, the Company shall have the right to withdraw the Advertisement from the Baby TV programme until the total balance due has been paid with any interest and costs due.
  15. The benefit of this contract may be assigned by the Company (but not by the Advertiser) in whole or in part.
  16. All notices by the Company to the Advertiser and the Advertiser to the Company shall not be binding, valid or effective unless sent by recorded delivery post to the addresses stated on this contract overleaf or such other address as may be notified by one party to the other.
  17. This contract contains all the terms and conditions between the parties hereto; the Company has made no warranty (oral, express or implied) except as stated herein.
  18. In the event of wars, insurrection, earthquake or Act of God or anything that might be construed as Force Majeure by the English courts or beyond the control of the Company, then the Company shall be excused from carrying out the terms of this contract.
  19. The terms of this contract shall be construed under the laws of England & Wales.