Terms
1) DEFINITIONS
Media - the media specified in the Order.
Agreement - the binding agreement between you and us comprising the Contract, the Credit Agreement (if applicable), any standing order form (if applicable) and these Standard Conditions and any variations or special terms agreed in accordance with Condition 2.
Copy - the detail and layout of the Media (if applicable), which you specify.
Payment Due Date - the date shown on the Order which is the latest date we must receive cleared funds, so that we can accept your Order.
Campaign Start Date - the date shown on the Order which is the first date of the Campaign.
Campaign End Date - the date shown on the Order which is the last date of the Campaign and the date which all Media will be removed or will discontinue displaying.
Production Date - date of which Campaign is due. This date may be subject to certain agreements with client.
Campaign - the named Campaign that is specified on the Order.
Order - the form, which shows details of the Media.
On-site Media - Media such as On-site Stalls or Freshers' Fair Stalls, where you are placing an Order to rent a space within the Organisation premises for a given space of time
Distribution Media - Media such as Student Mailings or Flyer hand-to-hand distribution, where you are placing an Order to distribute your printed media or samples.
Printed Media - Media such as Newspaper Advertising or Handbook Advertising, where you are placing an Order to place your advertising Copy into printed media of the Organisations.
Online Media - Media such as Website Advertising or Email Advertising, where you are placing an Order to place your advertising Copy into websites or emails of the Organisations.
We/Us - BAM Agency Ltd whose address is 26 Cambray Place, Cheltenham, GL50 1JN.
You - the person, firm or company named on the Order who wants the Media to appear in the said Campaign
Student Organisation - the Union, Association or Guild that the Media will be placed into through BAM Agency Ltd for the Campaign.
2) VARIATIONS TO THE CONDITIONS
Any variations to this Agreement and any special terms will only be effective if set out in a printed form issued by us or agreed by a Director of The BAM Agency. Only such a Director is authorised by us to make any representations about the Agreement or any matter relating to it.
3) ACCEPTANCE
When you, or someone acting on your behalf, signs the Order, you are offering to enter into an agreement with us under the terms of the Order, these Conditions, and where appropriate, the Credit Agreement and any variations or special terms agreed in accordance with Condition 2. That agreement only becomes binding when we accept the offer. Our acceptance will be conditional on your meeting relevant credit and client criteria.
4) OUR RIGHTS AND RESPONSIBILITIES
4.1 We can decide not to provide or place the Campaign. In this situation you will be entitled to a full refund of any money you have paid for any Media which would have appeared in the Campaign but you will not be entitled to any other compensation or damages.
4.2 We do not have to allow access/publish/display/distribute the Media if we consider that the Copy does not meet the standards of the Advertising Standards Authority or is unacceptable for Campaign for some other reason, or if you have not supplied any part of the Copy by the Campaign Close Date, or if the Copy does not meet the standards of the client, or if any/all of the individual Organisations within the Order decide to refuse your Order and your Media.
4.3 We will not be liable for any disruption or delay in producing or distributing the Campaign, or for failing to perform our duties under this Agreement if the failure is caused by circumstances beyond our control.
4.4 We accept all artwork from you on the understanding that you have unconditionally approved the artwork for the Campaign.
5) YOUR RIGHTS AND RESPONSIBILITIES
5.1 All Media Copy you provide must be accurate, approved, legal, decent, honest and truthful and it must meet the standards of the Advertising Standards Authority. You must own or have authority to use any trade name, trademark, British Standard Mark or other quality assurance mark, logo or other material that is used in the Copy. BAM Agency Ltd shall not be held responsible if any of the aforementioned have been used without authority. You must own the copyright in the Copy (except in the circumstances and subject to the assignment provided for in Condition 8) and the Copy must not infringe the copyright any third party has in the Copy. The Copy must not infringe the rights or pass off the goodwill of any third party. You must be authorised to use any logo or name of any trade association you use in the Copy and you must be a paid up member of the Trade Association.
5.2 Standard Payment Terms are fully cleared payment in advance of the Campaign Deadline Date, unless you have pre-arranged payment terms agreed by a Director of The BAM Agency. Only such a Director is authorised by us to make any changes to the Standard Payment Terms or any matter relating to it.
5.3 You must pay the amount we invoice you for, using the payment method specified in the Order. If you do not make any payment or instalment due under this Agreement or any other contract between us, we can keep all sums you have already paid and you will immediately have to pay us all outstanding amounts. Primarily the person who signs this booking form will deem payment payable, and then secondly the company of the person who has signed this booking form. We may also (without prejudice to our other rights) immediately terminate this Agreement or any other Order from you.
5.4 Interest at a rate of 8% per month will be applied to any amount you have not paid after 30 days from the due date of payment (unless the law prevents us from charging interest). We can charge you any reasonable administration costs for recovering the amounts you owe. If you owe us any sum of money, we may deduct that amount from any sum which we may owe you at any time under this Agreement or any other agreement we have with you.
5.5 You shall indemnify us, our employees and agents against all proceedings, claims, demands, expenses, losses and/or damages arising from processing or access, publish, display or distributing of any information or material you gave us, including any claims arising as a result of defamation, illegality, false description or breach of any third party rights.
5.6 The Order must be placed in the ordinary course of your business and the Media must be for your own business or a client of yours, if acting as an agency. You must not sell the advertising space to any other party.
5.7 Should you require your original artwork to be returned, you must state this in your order form. Should you not state this your artwork will be held by BAM Agency Ltd for 21 days after a Campaign and then destroyed.
5.8 A 10% Agency Discount shall be provided only when booking into media individually and directly through our Account Sales Division. Agency Discount will only be granted to companies who are deemed an advertising agency by the head of Account Sales. Please note that none of the services provided by our Media Sales Division carry agency commission rights and BAM shall not honour any agency commissions for any order/s placed within this Division, regardless as to whether the client would be eligible to this discount if they individually placed the media through the Account Sales Division. For further clarity on this clause, please contact us prior to signing the Order.
5.9 All Orders are made subject to Organisations individual equal opportunities policies.
6) SPECIAL TERMS AND CONDITIONS RELATING TO ON-SITE MEDIA
6.1 If requested, you must name all individuals who will be representing and responsible for the stall at each Organisation.
6.2 We reserve the right to refuse admission to any Organisation building if you fail to abide by these terms and conditions, or to take action to ensure compliance.
6.3 All confirmed Orders will receive information/location packs and where applicable entry passes/booking codes. Where passes/booking codes are applicable access to stalls will not be granted without these passes/booking codes being shown/quoted.
6.4 Stalls or rented space may not be sublet. Only the named client attending the Organisation may advertise their own products or services. We must be informed, in writing, if the organisation wishes to promote the interests of another company on their own stall. Permission, if granted, will be given in writing and must be displayed on the stall for the Organisation, on all days of attendance. Failure to display this information will result in instant removal from the Organisation premises and you will not be entitled to a refund.
6.5 All stalls are taken at the risk of the stallholder.
6.6 Stalls are not transferable. The content of a stall must not be substantially different to that indicated by the name of the stall on the original Order request form.
6.7 You agree to indemnify BAM against any damage to BAM, Organisation property or the property of any third parties.
6.8 You will be granted access to the Organisation premises from the agreed published entry times as stated within your login area at sumarketing.co.uk.
6.9 Health & Safety Regulations. You must not obstruct access to fire exits or appliances when exhibiting at the Organisation’s premises. You must not endanger the safety of Organsiation staff, BAM staff, students or the general public. You must comply with any Health & Safety instruction issued by each Organisation Health & Safety Adviser or Organisation General Manager/Director.
6.10 You are only permitted to flyer directly next to your own stall, and nowhere else in the Organisation building. You may not attempt to solicit custom or in any way promote your organisation in any part of Organisation buildings or attached land other than from the stall to which you have been allocated, unless you have written permission from BAM granting you access to roam through particular areas of the Organisation premises.
6.11 The distribution of alcohol in any form is not permitted, unless you have written permission from BAM granting you access to supply samples and must abide by the terms stated in this permission.
6.12 You must set up your own stalls. You are responsible for clearing up your own stall, and all rubbish in, on, or around it. You must (if not supplying your own) use the display boards provided (if provided for displaying any posters). Stall holder's posters are not to cover Organisation posters or displays. Unauthorised posters or advertising will be removed and destroyed.
6.13 You may play music on your stall provided that permission is given by Organisation. Any music played must be played at a reasonable level that does not interfere with the activities of the Organisation or any other client/s. If asked by Organisation to turn the music down, you must comply.
6.14 You must keep your stalls, displays and activities within the space allocated by the Organisation. Clients must behave in a considerate and responsible manner to Organisation staff, BAM Staff, other clients, students or the general public. Failure to do so may result in expulsion from the Organisation premises. This extends to all people acting on behalf of you in an official or unofficial capacity.
6.15 You may park in the agreed loading area of the said Organisation only for the purposes of loading and unloading only. Any vehicle is not to be left, even temporarily, in such a manner as to block access to the Organisation or the Organisation's university facilities or safety/fire exit/entry points. If space permits, stall holder's vehicles may be parked in the Organisation car parks (if available in said Organisation) once unloading is completed.
6.16 You will not be granted access to electric power or telephone lines unless these facilities have been requested in advance and their provision confirmed in writing by BAM.
6.17 You must vacate the Organisation premises by within 1 hour of the end time of your on-site Order.
7) SPECIAL TERMS AND CONDITIONS RELATING TO DISTRIBUTION MEDIA
7.1 An Organisation can decide not to produce the Mailing. In this situation you will be entitled to a full refund of any money you have paid for any Order which would have appeared in the Mailing but you will not be entitled to any other compensation or damages.
8) CANCELLATION
8.1 In addition to any statutory rights you may have to cancel your Order, you may cancel part or all of your Order by giving notice in writing to BAM Agency Ltd. We must receive this notice by the Campaign Start Date or within 14 days of the date of the Order, whichever is earlier.
8.2 If we receive written notice to cancel an order more than 14 days after the date of the Order we will only act on this notice based on a cancellation fee which will be equal to 25% of the charge for the Media plus VAT. We cannot accept a request to cancel the Order if we receive the request after the Campaign Start Date. These conditions will not apply if you cancel this Order pursuant to any statutory rights you have.
8.3 Cancelling any part of the Order means that you no longer qualify for a discount for multiple advertising and/or agency discount (If applicable). We will adjust the rate of the remaining advertising to reflect the standard rate card price of all previously rented, published, display, distribute Media.
8.4 On-site Cancellation Fees for Freshers&rspuo; Fair Bookings Only - If a stall is cancelled before the 1st of September in the year of the Freshers&rspuo; Fair booking you will be charged 25% of the full Order agreed. If a stall is cancelled after the 1st of September in the year of the Freshers&rspuo; Fair booking you will be charged 100% of the full booking agreed.
9) OUR LIABILITY
9.1 Our only liability (if any) under this Agreement will be to provide a refund if we fail to perform our duties. We will not be liable for any direct or indirect or consequential loss or damage arising from any rented, published, displayed or distributed Media, or from not placing the Orders in the Campaign, even if resulting from our negligence.
10) COPYRIGHT ON COPY DESIGNED BY US
We have copyright on all artwork, copy and other material, which agents, our employees or we have contributed to. Any copyright you may have, whether now or in the future, you as beneficial owner hereby assign to us outright. Any reproductions for other Campaigns outside those of BAM Agency Ltd must have written permission from BAM Agency Ltd or the artwork supplier. If used without authorisation then the Campaign to which the artwork is produced within will be liable to a charge, which will be set at our standard rate.
11) AGREEMENT
This Agreement sets out the entire agreement and understanding between you and us and it replaces all previous agreements, arrangements and understanding between us. You are not entering into the Agreement or any part of the arrangements by relying upon any statements or warranties that are not set out in the Agreement.