1.1 By submitting material for advertisement on Axis and / or paying the fee, the Client accepts these terms and conditions and authorises Axis to publish the advertisement.
2.1 Requests for Advertisements must be placed in writing using the Confirmation Form and submitted to Axis. The Client shall pay Axis in advance of the publication of the advertisement as set out in the Confirmation Form.
2.2 Axis reserves the right to withdraw or cancel the advertisement until payment is received.
2.3 If the Client fails to pay any Fees due in accordance with the agreed credit terms, Axis has the statutory right to charge interest (8% above base rate) under the Late Payment of Commercial Debts (Interest) Act 1998.
3. Grant of license
The Client hereby grants to Axis a non-exclusive worldwide licence under copyright and any other intellectual property rights or similar rights existing elsewhere in the world to enable Axis to reproduce, publish, display and transmit the Advertisement in electronic form and to permit users of the website to access the Advertisement and also licenses Axis to use screen grabs of the Advertisement in order to
enable Axis to market and advertise itself and the services which it provides.
4. Deadline for submission of Artwork and/or copy
The Advertisement and all artwork and copy must be received by the Axis no less than five (5) days prior to publication and must comply with the Technical Specifications. It is the responsibility of the Client to check the correctness of the Advertisement and Axis accepts no liability for any error in an Advertisement.
5. Cancellation or changes to Advertisement
5.1 Axis shall not be bound by any notification of cancellation of the Advertisement unless it is in writing and acknowledged by Axis at least seven (7) days prior to the date for publication of the Advertisement as set out in the Confirmation Form.
5.2 Cancellation or postponement requests for Advertisements made by the Client less than eight (8) weeks before the date of publication shall be considered by Axis and may be accepted at Axis’s absolute discretion subject to the following charges:
6 weeks or more20%
4 weeks or more35%
2 weeks or more50%
2 weeks or less100%
5.3 Failure by the Client to cancel the Advertisement in accordance with these terms and conditions, the Client will remain liable to pay all fees in full whether or not Axis uses the Advertisement.
5.4 Axis shall not be bound by any notice of change to the Advertisement as detailed in the Confirmation Order unless it is in writing and acknowledged by Axis at least seven (7) days prior to the initial publication of the Advertisement and any relevant artwork or copy is received in accordance with Clause 4 above.
5.5 Axis may reject, cancel or by required to amend the Advertisement so as to:
(a) avoid infringing any applicable laws, third party's rights, the British Code of regulations under the general supervision of the Advertising Standards Authority, OFCOM or other applicable body;
(b) avoid breach of these Terms;
(c) comply with the Axis criteria for adverts; or
(d) comply with the Technical Specifications.
6. Client Warranties
6.1 The Client warrants that:
(a) the publication of the Advertisement by Axis as complies with all applicable laws and regulations and industry codes of practice and will not contain any material which is defamatory or obscene and will not breach any contract or violate or infringe any copyright, trade mark or other rights of any third party or render Axis liable to any proceedings in respect of the same;
(b) in respect of any Advertisement submitted for publication which contains the name and pictorial representation of any living person,
the Client has obtained the authority of such person to make use of such name, representation and/or copy;
(c) all information submitted by the Client to Axis is true and accurate.
Any complaint, claim or query (whether in relation to the Advertisement or an invoice) must be raised within seven days following the date on which the event giving rise to the complaint or query first arose. No complaint, claim or query shall affect the liability of the Client for payment by the due time of Axis fees for that and all other Advertisements.
8. Liability of Axis
8.1 Axis shall not be liable for any indirect or consequential loss (including without limitation, business interruption and loss of profits, business, goodwill, anticipated savings, information and data) whether arising out of negligence, breach of contract or otherwise and
whether or not the party was advised of the possibility of such loss by the other party or for any liability arising from access to the Web Site, links to the URLs of any third party or the downloading of any material.
8.2 In no circumstances shall the total liability of Axis for any error or omission exceed the charge for the Advertisement in question.
8.3 Axis will not be liable for any loss of copy, artwork, photographs or other materials.
9. Client Indemnity
The Client will indemnify Axis and keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or reasonably foreseeable as a result of any breach or non-performance of any of the representations, warranties or other terms herein contained (including but not limited to the warranties set out at Clause 8 above) or implied by law given by or applying to the Client so far as the law allows or relating to any contaminated file, virus, worm or Trojan horse originating from the Advertisement, its content or any linked area.
10.1 No waiver by the Axis shall be effective except in relation to the matter in respect of which it was specifically given.
10.2 The parties may not assign or transfer or sell any of the rights granted hereunder.
10.3 These Terms and any contracts made hereunder shall be construed and governed by English law and the parties submit to the exclusive jurisdiction of the English courts.