The terms and conditions contained in this document are legally binding and the terms upon which all services and materials shall be provided by the Supplier, Broadplace Advertising Limited (“Broadplace”) to the customer (“the Customer”) or, at the Customer’s direction, to third parties. The terms and conditions must be read in full.
This Agreement may only be supplemented, modified or varied in any way at any time with Broadplace express written agreement obtained from a director of Broadplace.
No estimate, quotation or proposal given by Broadplace or by any of Broadplace’s agents or employees to the Customer in whatever circumstances will constitute an offer to the Customer, only an invitation to treat, and as such shall not bind Broadplace. All such estimates, quotations or proposals shall lapse automatically within 28 days of their date of issue.
All notice or cancellation requests shall be made in writing and will be deemed validly served if addressed and transmitted to the last known operating address of the recipient. All cancellations must also be submitted and confirmed by email to the allocated account manager. The date of the cancellation request, if applicable and accepted, will be deemed as by the date written email confirmation is received by the account manager.
Broadplace will maintain regular contact with the customer through an appointed account manager to ensure both parties are kept informed of all relevant information necessary to enable Broadplace to provide the services. Regular progress reports will be supplied to the customer to illustrate progress against the services provided.
In accepting these Terms and Conditions, the Customer agrees to pay Broadplace as defined for each of the services provided below. Failure to make payment within the agreed timeframe may lead to work being paused and/or work being reverted and removed. Should the customer default on payment the customer will still incur and accrue charges for the agreed timeframe of the project as agreed in the order. Broadplace Advertising Limited reserves the right to suspend a campaign following non receipt of ongoing fees.
Payment from the Customer to Broadplace will be made in advance by credit or debit card or such other method as agreed by both parties. The customer will provide Broadplace with all payment details necessary to enable payments to be taken on time. New customers agree to Broadplace conducting relevant credit history checks if the customer has not built a previous credit history with Broadplace.
Subject to the written agreement of one Broadplace’s directors to the contrary, both during the term of this Agreement and thereafter Broadplace shall be and remain the owner of all copyright and other intellectual property rights in any material, process or other work which has been created by Broadplace, its employees or sub-contractors pursuant to this Agreement.
Due to the nature of the services provided Broadplace cannot be held responsible for any fluctuations, perceived non delivery or damage that may have been caused by third party actions or changes. In such circumstances the agreed fee would still be payable. Some of these defined events are listed below but not restricted to these alone:
Broadplace’s liability is limited to the obligation on the part of Broadplace under this agreement in all circumstances. Broadplace will not be liable for any other liabilities direct or indirect except where caused by the sole negligence of Broadplace. In any event Broadplace’s liability will not exceed the value of 1 month’s fees incurred to the customer. Broadplace Advertising limited cannot be held responsible for any loss of earnings as a result of your advert not showing on the search engines or for any other related reason.
Broadplace may assign or transfer this agreement or all or any of its rights and/or obligations under this Agreement to any holding company (as defined in section 736 of the Companies Act 1985 (as amended by the Companies Act 1989) or Subsidiary of it. This Agreement may not be assigned or sub-licensed by the Customer without the prior written consent of Broadplace.
The failure of either party to enforce (or delay in enforcing) at any time for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of such terms or conditions or of the right of such party at any time subsequently to enforce all terms and conditions of this Agreement.