1: THESE Conditions apply to all contracts between The World's Fair Limited ("the Proprietor'') and every customer ("the Advertiser'') for the supply of advertising services to the exclusion of any other terms and conditions or referred to in any order, letter, form of contract or other communication sent by the Advertiser to the Proprietor.
2: NO order shall be binding on the Proprietor unless and until it accepts it in writing.
3: ALL advertisements are subject to the Proprietor's approval who shall have the right to omit, suspend or stop any advertisement. Any such approval shall be without prejudice to any rights of the Proprietor under these conditions.
4: THE Proprietor shall have the right to amend, classify correctly or edit any advertisement and to delete any wording which it believes to be objectionable and/or unlawful but without prejudice to any of the Proprietor's rights under these Conditions.
5: THE Advertiser shall authenticate all advertisements by delivering to the Proprietor details of its name, address and telephone and shall include in the text of the advertisement at least one of the following:(a) the Advertiser's name;(b) the Advertiser's address;(c) the advertiser's telephone number;(d) the box number allotted to the Advertiser by the Proprietor.Trade advertisements from accommodation addresses are unacceptable.
6: SPECIAL positions for advertisements in the Proprietor's publications require the prior express written agreement of its Advertising Manager and the payment of the Proprietor's special position rate.
7: THE Proprietor cannot guarantee the insertion of an advertisement on any specified date, but will use its reasonable endeavours to meet the Advertiser's wishes.
8: THE Proprietor's rate shall be its published rates in force at the time of the advertisement's publication by the Proprietor unless otherwise agreed by the parties in writing and shall be paid within 30 days of the date of the Proprietor's invoice therefore. The time of the payment shall be the essence of the contract. Without prejudice to any other rights of the Proprietor, it shall be entitled (both before and after any judgement) to charge interest at a rate equal to the higher of the interest rate payable on court judgements of 2% above the Base Rate from time to time of National Westminster Bank plc on overdue payments of the Proprietor's fees.
9: ALL intellectual property rights (including, without limitation, copyright and design right) in or to any works (including, without limitation, artwork, photographs, advertising copy and other written text) made, created or written by or for the Proprietor in connection with any advertisement placed by the Advertiser shall be and will remain the absolute property of the Proprietor and the Advertiser shall not use or reproduce or substantially reproduce the same or any part thereof or license, authorise or assist any third party so to do in any manner whatsoever without the Proprietor's express prior written consent.
10: THE Proprietor shall have the right to dispose of or destroy as it thinks fit any materials delivered to it by or on behalf of the Advertiser which remain in the Proprietor's possession six months after the last publication of the advertisement to which such materials relate.
11:(A) IN substitution for all rights which the Advertiser would or might have had but for these Conditions, the Proprietor undertakes that if any advertisement published by it for the Advertiser shall contain any serious error solely due to the Proprietor's fault, then the Proprietor will at its discretion either credit the Advertiser the full price paid by it to the Proprietor for such advertisement or republish it free of charge in the publication in which such advertisement originally appeared PROVIDED THAT in any case the original advertisement has been paid for. In order to exercise its rights under this Condition, the Advertiser shall inform the Proprietor within seven days of the date when such error appeared or ought reasonably to have been discoverable.
(B) Nothing herein or otherwise shall impose any liability on the Proprietor in respect of any error in any advertisement arising out of the acts, omissions, negligence or default of the Advertiser, its servants or agents.
12: ALL conditions and warranties (where express or implied by statute or common law or arising from conduct or a previous course of dealing of trade custom or usage or otherwise howsoever) as to the quality of any advertisement or its fitness for any particular purpose or as to its correspondence with any description or sample are hereby expressly negatived.
13: THE Company shall not be liable for any consequential or any indirect losses, claims, damages, expenses or costs whatsoever including (without limitation) loss of contracts or profits.
14: THE aggregate liability of the Proprietor (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to the Advertiser for any loss or damage or whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the contract price.
15:(A) THE Advertiser warrants that all advertisements requested by it for publication by the Proprietor will comply with all statutes, statutory orders and instruments having the force of law in the United Kingdom at the date of publication by the Proprietor and will not contain any matter which is obscene, blasphemous, defamatory or otherwise unlawful or be in breach of any voluntary code of practice operating within the advertising industry in the United Kingdom from time to time.
(B) The Advertiser shall indemnify the Proprietor against all actions, suits, claims, demands, costs, charges, damage, losses and expenses suffered or incurred by the Proprietor and/or from which it may be liable to any third party due to or arising from or in connection with:
(i) the negligent or wilful acts or omissions of the Advertiser, its servants, agents or contractors;
(ii) the breach of any provision of any contract between the Proprietor and the Advertiser including (without limitation) the provisions of these Conditions;
(iii) any infringement or alleged infringement of any third party patent, copyright, registered design, design right, trade mark, trade name, service mark, service name or other intellectual property right whenever and wherever subsisting due to or arising out of the Proprietor's performance of any contract with the Advertiser PROVIDED THAT such indemnity shall not apply if the Proprietor knew that such performance constituted any such infringement.
16: NO statement, description, information, warranty, condition or recommendation contained in any catalogue, price list, advertisement or communication or made verbally by any of the Proprietor's agents or employees shall enlarge, vary or override in any way any of these Conditions.
17: THE Proprietor shall not be liable for any delay in the performance of any contract with the Advertiser due to any circumstances beyond its reasonable control including (without limitation) strikes, accidents, war, fire or breakdown of plant or machinery.