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Advertiser Terms & Conditions
Before filling in our Advertisers' Details form, please confirm that you have read and accepted our standard Terms and Conditions by clicking on the link at the bottom of this page.
- Definitions
- Basis of contract
- These conditions shall form the terms and conditions of the contract and shall apply to the exclusion of any terms or conditions whether put forward by or on behalf of the customer in or on its order or otherwise or whether implied by law (insofar as the exclusion of the same is lawful).
- A contract shall come into existence when the advertisement is placed on the website.
- No alteration to these conditions shall be effective unless expressly agreed to in writing by the company.
- Price and Payment
- The fees for placing an advertisement on the company's website are available on request as set out in the prices page on the website.
- Unless otherwise expressly stated in writing, all prices are exclusive of VAT which shall be charged where appropriate at the rate prevailing at the relevant tax point.
- The company may invoice the customer at any time after the advertisement has been placed on the website, and the customer shall make payment in full within fourteen days of the date of the invoice.
- Interest at the annual rate of 4% over the base rate of the Royal Bank of Scotland plc will be charged on a daily basis on all monies outstanding after the due date until the actual date of payment (both before and after judgement).
- Warranty
- The customer warrants that:-
- it has obtained all necessary consents in respect of the advertisement and that the advertisement complies with all necessary legal statutory and regulatory requirements including, but not limited to any codes under the supervision of the Advertising Standards Authority;
- the advertisement does not and will not infringe any copyright trade mark and/or any other right of any third party and does not amount to passing off;
- the advertisement is honest decent truthful accurate and contains nothing which is defamatory, libellous or blasphemous or which would or might have a detrimental effect upon the reputation of the company; and
- the advertisement does not discriminate against any person(s) on the grounds of race sex, sexual orientation, disability and/or religion or belief and/or any other ground that may be rendered unlawful by any changes in legislation from time to time.
- The customer shall be responsible to the company for ensuring the accuracy and sufficiency of its Advertisement
- Right to Refuse to Accept or to Remove Advertisement
- The company reserves the right to refuse to place any advertisement at its discretion or which the company believes is or may be of an illegal or libellous nature or may be an infringement of the proprietary or other rights of a third party or is otherwise unsuitable for publication.
- The company further reserves the right to remove any advertisement for any reason.
- Extent of Liability
- The company will not be liable to the customer:-
- in contract tort (including without limitation negligence) and/or breach of statutory duty for any loss or damage which the customer may suffer by reason of any act omission neglect or default (including negligence) in the performance of the contract by the company its servants or agents in a sum in excess of the fee paid for the advertisement .
- in contract tort (including without limitation negligence) and/or breach of statutory duty for any loss of profit, any indirect or consequential (including economic) loss of any kind which the customer may suffer by reason of any act omission neglect or default (including negligence) in the performance of the contract by the company, its servants or agents; provided that nothing in these conditions shall operate so as to exclude the company's non-excludable liability in respect of death or personal injury caused by the negligence of the company its servants or agents or to exclude liability for fraudulent misrepresentation.
- Indemnity
- Without prejudice to any other provisions in these conditions the customer shall indemnify the company in full against all liability, loss including loss of profit, costs, damages and expenses (including legal expenses) awarded against or incurred or paid by the company as a result of or in connection with:
- breach of any warranty given by the customer in relation to the advertisement;
- any claim that the advertisement infringes the copyright trade mark and/or any other intellectual property rights and/or any other right of any other person;
- any breach of any of the customers obligations under the contract and/or any act omission or negligence on the part of the customer.
- General
- No failure or delay on the part of the company to exercise any of its rights under the contract shall operate as a waiver of nor shall any waiver by the company of any breach by the customer of any of its obligations under the contract affect the rights of the company in the event of any further or continuing breach.
- Any notice required to be given in writing under the contract shall be given by email to the company and by email to the customer at the website stated on the advertisement or any postal address subsequently notified in writing by the customer to the company and shall be deemed to have been received, in the case of a an email upon transmission and, in the case of a letter, forty-eight hours after posting.
- Neither party shall have any liability for any failure to perform or any delay in the performance (other than as to payment) of any obligations under the contract caused by any factor beyond its reasonable control.
- Each and every obligation contained in these conditions shall be treated as a separate obligation and shall be severally enforceable as such notwithstanding the non-enforceability of any other obligation.
- The contract shall be governed by English Law and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.
- The contract is personal to the customer. The customer shall not assign, transfer or charge its rights and responsibilities under this contract or any of them without the prior written consent of the company.
- The conditions and the contract shall not constitute and shall not be deemed to constitute a partnership between the company and the customer and the customer shall not act nor purport to act as agent for the company but solely as an independent contractor.
- For the avoidance of doubt nothing in these conditions shall confer on any third party any benefit or the right to enforce any provision of these conditions.
- Email Communications
- All messages are confidential. If you are not the intended recipient you should not copy or disclose any message to anyone but should kindly notify the sender and delete the message.
- Opinions, conclusions and other information in any message that do not relate to the official business of psychapp.co.uk shall be understood as neither given nor endorsed by it.
- No contracts shall be concluded by means of an email.
- Neither psychapp.co.uk nor the sender accepts any responsibility for viruses and it is the recipients responsibility to scan an email and any attachments.
- Psychapp.co.uk reserves the right to access and disclose all messages sent over its email system.
In these conditions the following definitions shall have the following meanings:
Advertisement
means the advertisement(s) sent by the customer to be placed on the Psychologist Appointments website. This is managed and run by BPS Communications Ltd.
Contract
means the contract made between BPS Communications Ltd and the customer for the placing of the advertisement on the website.
Customer
means the party wishing to place the advertisement and with whom the company contracts.
The Company
means BPS Communications Ltd.