Terms and Conditions

1. This Agreement is law enforceable and is not subject to cancellation or termination except by these terms and conditions.
2. The Advertiser agrees unless herein endorsed by the Company’s agent, to produce copy at the time of signing this Agreement, otherwise the Company reserve the right to produce the advertisement in the manner and form it considers suitable
3. No Advertiser shall enjoy preferential position on the programme.
4. No Advertiser shall indemnify the Company against all claims in respect of any alleged infringement of copyright, trademark or design or in respect of any passing off or slander or title arising in consequence to the exhibition of the advertisements in pursuance of this Agreement.
5. The Company reserve the right for any reason whatsoever to withhold, withdraw or refuse any advertisement.
6. The Company reserve the right to change the shape, size title and locale of the advertisement.
7. It is agreed and declared that this Agreement contains all terms and conditions between the parties hereto and the Company have made no warrant (oral or otherwise) except as expressly stated therein, and it is further agreed and declared that no monopoly rights shall be enjoyed by the Advertiser unless endorsed on the Agreement and initialled by the Company’s agent.
8. This Agreement relates to an advertisement which will appear on The Digital Network. The date upon which the advert begins broadcasting will be first day of the Initial Advertising period and will run for a minimum term of 12 monthsfrom that date.
9. If the Advertiser does not wish for their advertisement to appear after the expiry of the Initial Advertising period the Advertiser must serve notice in writing by recorded delivery post to the effect to the Company no later than 12 months after the date on this agreement, failing which this Agreement will become a twelve month rolling contract at the same yearly value as overleaf plus artwork/production charge, which may only be terminated by either party upon twelve months written notice which must be given to the party in accordance with clause 16 and which must be expressed to expire on either the date twelve months after the last day of the Initial Advertising period or any anniversary of date twelve months after the last day of the Initial Advertising period.
10. The Artwork/Production Charge allows the Advertiser to alter/change their advertisement upto 4 times per annum.
11. Where the business of the Advertiser is taken over by a new Proprietor (or where his business ceases or the nature of the business changes) the Advertiser shall nevertheless remain fully liable under this Agreement unless the new Proprietor notifies the Company by recorded delivery of their intention to accept as their responsibility the terms already agreed with the Company by the Advertiser. Should, however, the Proprietor default in the performance of the Agreement the Advertiser will remain liable for any loss sustained by the Company.
12. If due to any circumstances the The Digital Network in question experiences any unforeseen technical fault, the Company shall reimburse the Advertiser the advertising time lost.
13. If due to any circumstances the The Digital Network in question ceases to operate, the Company reserve the right to transfer the advertisement to an alternative system in their locality.
14. Unless endorsed on the Agreement The Advertiser will not be permitted to change / transfer to an alternative site / venue.
15. If the Advertiser should fail to make any payment or installment in relation to the Initial Advertising period, or any other period when due hereunder then the whole of the balance outstanding under this Agreement shall immediately become due and payable, plus costs of collection. Interest is calculated monthly and charged on the total amount outstanding. The current rate of interest is 8% above base rate of Lloyds Bank. The client hereby consents to the jurisdiction of Birmingham County Court for the resolution of any disputes hereunder.
16. The Company reserve the right to charge up to £25.00 for any of the following:
    1. Unpaid, returned or recalled direct debits.
    2. Unpaid, returned or recalled cheques.
    3. Unpaid, returned or recalled bankers orders.
    4. Letters sent as a result of breach of this Agreement.
17. If payment of an installment hereunder is not made on the due date then the Company have the right to withdraw the advertisement from the Programme. The Advertiser shall nevertheless remain fully liable for the total contractual value outstanding under this Agreement.
18. No notice to the Company or the Advertiser shall be binding, valid or effective unless sent by recorded delivery post to the company’s address or the address of the Advertiser as set out overleaf (as the case may be).
19. The benefit of this Agreement is capable of transfer or other disposal by the Company (but not the Advertiser) to any third party in whole or in part.
20. Should Act of God, War of the Queens enemies or Act of Parliament or other Government action, strike action, postal delay, extreme weather conditions, force majeure, disaster conditions or any other reasons beyond the control of the Company, then the Company shall be excused from carrying out the conditions of this Agreement until a normal situation has returned.
21. This Agreement shall in all respects be constructed as an English Contract subject to English Law.
    
    (The Company reserves the right to obtain business and customer credit rating results on any advertiser.)