All Advertisements accepted for publication by Public Sector Information Limited ('PSI') in any of its print or online publications are accepted subject to these terms and conditions. Any other conditions proposed by the Buyer shall be void unless accepted by PSI in writing.
In these conditions:
"Advertiser" means the person whose goods or services are advertised;
"Advertisement" means display, recruitment, online, email, mail order and classified advertising and shall include inserts, supplements and re-directed advertisements;
"Buyer" means the person placing the order for the insertion of the Advertisement;
"Medium" means the print or online publication taking the booking.
"PSI Site" means the PSI website(s) onto which an Advertisement is sold.
All Advertisements are accepted subject to space being available in the Medium.
PSI reserves the right to cancel any order without liability in the event of becoming aware of any meetings of creditors, bankruptcy, liquidation proceedings, the appointment of a receiver or administrative receiver over the whole or substantial part of the Buyer's assets, or any indication whatsoever of financial difficulties.
These conditions and all other express terms of the contract between PSI and the Buyer shall be governed and construed in accordance with the Laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
Delivery and Ownership of Materials
Materials delivered must conform to PSI's specifications. PSI reserves the right to charge the Buyer for work required to amend materials to conform to its specifications but accepts no liability for such work.
Any intellectual property rights in designs prepared by PSI shall remain the property of PSI and Advertisements including such designs may not be reproduced without PSI's consent.
Prices and Payment Terms
ACCOUNTS ARE STRICTLY NET UNLESS OTHERWISE STATED AND ARE SUBJECT TO SETTLEMENT ON PUBLICATION.
Prices published by PSI from time to time are subject to revision at any time and orders are accepted on the condition that the price binds PSI only in respect of the period specified in the applicable rate card.
Series discounts apply only to orders placed in advance and completed within the agreed period. PSI reserves the right to adjust advance discounts and/or to surcharge in the event of a series of Advertisements not being completed within that period.
Prices are exclusive of applicable Value Added Tax which the Buyer shall additionally be liable to pay to PSI.
PSI reserves the right to claim interest, compensation and reasonable costs under the Late Payment of Commercial Debts (Interest) Act 1998 and it is agreed that the term implied by that Act shall apply after any judgment as well as before. Any reference to the Late Payment of Commercial Debts (Interest) Act 1998 is also a reference to any amendment, modification or re-enactment of it. If for any reason the Late Payment of Commercial Debts (Interest) Act 1998 does not apply interest shall be payable on overdue amounts at 8% over the Bank of England Base Rate from time to time
12(b). Without prejudice to its right to claim costs under the Late Payment of Commercial Debts (Interest) Act 1998, if, for any reason any payment is not made when due PSI reserves the right to be paid on an indemnity basis any costs PSI incurs in recovering any money due under this contract (and the costs of recovering such costs) including PSI’s administrative costs and any costs incurred with lawyers or debt collection agencies. PSI’s administrative costs may include the cost of employing the staff concerned and the overheads attributable to them for the time spent. In calculating PSI’s administrative costs credit will be given for any compensation due under the Late Payment of Commercial Debts (Interest) Act 1998. If proceedings are issued a minimum contribution of £500 (in addition to the fixed costs of issue) will be claimed towards any costs incurred with lawyers.
Limitations on PSI's Liability
PSI shall not be liable for any loss or damage suffered by the Buyer as a result of any total or partial failure (howsoever caused) of publication, distribution or availability of any Medium in which any Advertisement is scheduled to be included or for any error, misprint or omission in the printing of any Advertisement. In the event of an error or omission by PSI No reinsertion, refund or adjustment will be made for any other error or omission or where the error or omission is the result of delivery of materials which do not comply with PSI’s specifications.
PSI accepts no responsibility for the quality of reproduction of any photograph supplied by the Buyer, its agents or servants.
In the event PSi supplies data this data represents the data ‘As it stands’ and PSi accepts no responsibility for the accuracy of the data supplied. The data excludes email address unless otherwise stated on your order form.
Cancellation or Suspension
A Cancellation Fee is payable at the time of cancellation. This fee is equal to 50% of the advertisement cost plus VAT. Cancellation must be notified to the Publisher by the latest copy date above, in writing and sent Recorded Delivery to the Publisher. Failure to do so will result in the Publisher publishing the advertisement as originally offered and the Advertiser will become liable for the full rate per insertion plus VAT.
PSI reserves the right to omit or suspend an Advertisement at any time for good reason, without liability to the Buyer and shall notify the Buyer as soon as possible. If such omission or suspension is due to the act or default of the Buyer, the Advertiser or their respective servants or agents, then the Buyer shall pay for the Advertisement in full notwithstanding that the Advertisement has not been published.
Buyer's Warranties and Indemnities
The Buyer warrants that the Advertisement does not contravene the British Code of Advertising Practice and is not in breach of any relevant legislation, including the Equality Act 2010, the Obscene Publications Act and any other legislation or regulation, such as those relating to the provision of Financial Services, which apply to specific Advertisers, products or services.
If any Advertisement submitted for publication contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or copy by which any living person is or can be readily identified, the Buyer warrants that the Buyer or the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy.
The Buyer will indemnify and hold harmless PSI from and against any claim that the Advertisement infringes the copyright, trademark or other intellectual property rights of any person or that it is defamatory or infringes any other right of any person. PSI reserves the right to withdraw and/or refuse to publish an Advertisement without liability to the Buyer if it reasonably believes that the Advertisement may make PSI or the Advertiser liable to any complaint, claim or proceedings.
The Buyer is solely responsible for fulfilling and dealing with any orders or enquiries relating to the goods, services or promotion to which the Advertisement relates and will indemnify and hold PSI harmless accordingly.
(a). The advertiser must supply artwork in line with PSI copy requirements. If copy instructions are not received by the agreed copy date no guarantee can be given that proofs will be supplied nor corrections made and PSI reserves the right to repeat the most appropriate copy or omit the advertisement from publication. In such circumstances space reserved for the advertisement shall be paid in full notwithstanding that the advertisement has not appeared.
22 (b). PSI will supply a maximum of 3 proofs per order to the advertiser, after which PSI reserves the right to use the most appropriate copy available or omit the advertisement. In such circumstances space reserved for the advertisement shall be paid in full notwithstanding that the advertisement has not appeared.
22 (c). Unless specified otherwise PSI will publish digital copy online within 48 hours of receipt from the advertiser without amendments. Digital copy once uploaded may not be altered unless otherwise stated on the order form.
Where an Advertisement has been accepted by PSI and includes inserts PSI reserves the right to charge the full price if the inserts fail to arrive at the agreed time and place for insertion.
Charges will be made to the Buyer where printers are involved in extra production work owing to acts or defaults of the Buyer or the Advertiser.