TERMS AND CONDITIONS FOR ADVERTISERS
- All Advertisements accepted for online publication by Lawskills Limited (‘LAWSKILLS’) are accepted subject to these terms and conditions.
- In these conditions:
“Advertiser” means the person whose goods or services are advertised; “Advertisement” means online advertising and shall include inserts, supplements and re-directed advertisements; “Applicable Laws” means all applicable laws, ordinances, codes, regulations, directives, standards and judicial and administrative orders applicable to the Advertisement including, without limitation, Data Protection Act 1998, Trade Descriptions Act 1968, Financial Services and Markets Act 2000, Financial Services (Distance Marketing) Regulations 2004, the Electronic Commerce Directive 2000, the UK Code of Non-broadcast Advertising and Direct Promotional Marketing, the Consolidated ICC Code of Advertising and Marketing Communications Practice (2011), the Consumer Protection from Unfair Trading Regulations 2008, the Price Marking Order 2004, the Equality Act 2010 and the US Foreign Corrupt Practices Act 1977 as amended or replaced from time to time. “Buyer” means the person placing the order for the insertion of the Advertisement; “LAWSKILLS Site” means the LAWSKILLS website onto which an Advertisement is sold.
- All Advertisements are accepted subject to space being available on the LAWSKILLS Site
- LAWSKILLS 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.
- These conditions and all other express terms of the contract between LAWSKILLS 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.
Buyer to contract as Principal
- The Buyer warrants that the Buyer contracts with LAWSKILLS as principal notwithstanding that the Buyer may be acting directly or indirectly for the Advertiser as an advertising agent or media buyer or in some other representative capacity. Where the Buyer is the Advertiser’s advertising agency, the Buyer warrants that it is authorised by the Advertiser to place the Advertisement with LAWSKILLS and is responsible for all payments due.
Delivery and Ownership of materials
- Materials delivered must conform to LAWSKILLS’s specifications. LAWSKILLS reserves the right to charge the Buyer for work it required to amend materials to conform to its specifications but accepts no liability for such work.
- Any intellectual property rights in designs prepared by LAWSKILLS shall remain the property of LAWSKILLS and Advertisements including such designs may not be reproduced without LAWSKILLS’s consent.
- If an Advertisement includes a promotion, competition or a special offer of merchandise the Advertiser must provide full details to LAWSKILLS on request.
Prices and Payment terms
- Prices published by LAWSKILLS from time to time are subject to revision at any time and orders are accepted on the condition that the price binds LAWSKILLS only in respect of the period specified in the applicable order form.
- Series discounts apply only to orders placed in advance and completed within the agreed period. LAWSKILLS 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. If the Buyer cancels the balance of a contract to publish a series of Advertisements, it relinquishes any series discount and all Advertisements will be paid for at the appropriate rate.
- Prices are exclusive of applicable Value Added Tax which the Buyer shall additionally be liable to pay to LAWSKILLS.
Limitations on LAWSKILLS’s Liability
- Except to the extent specified in paragraph 14, LAWSKILLS 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 LAWSKILLS Site 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 LAWSKILLS, which detracts materially from the Advertisement, LAWSKILLS will either reinsert the Advertisement or relevant part of the Advertisement on the LAWSKILLS Site or make a reasonable refund of or adjustment to the price paid by the Buyer. 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 LAWSKILLS’s specifications.
- The total liability of LAWSKILLS to the Buyer for any act or omission of LAWSKILLS, its servants or agents relating to any Advertisement shall not exceed the amount of a full refund of any price paid to LAWSKILLS for the Advertisement or the cost of a reasonably comparable further or corrective Advertisement. Without limiting the foregoing, LAWSKILLS shall not be liable for any loss of profits or business or for indirect or consequential loss. LAWSKILLS accepts no liability for the repetition of an error in an Advertisement ordered for more than one insertion unless notified immediately the error occurs. Complaints regarding Advertisements must be received in writing within one calendar month of the date on which the Advertisement first appears on the LAWSKILLS Site.
- LAWSKILLS accepts no responsibility for the quality of reproduction of any photograph supplied by the Buyer, its agents or servants.
Cancellation or suspension
- Cancellation or suspension of an Advertisement by the Buyer must be received in writing by LAWSKILLS prior to the appearance of the Advertisement on the LAWSKILLS Site.
- LAWSKILLS reserves the right to omit or suspend an Advertisement at any time for good reason, without liability by LAWSKILLS 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 any Applicable Laws.
- 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 LAWSKILLS 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. LAWSKILLS reserves the right to withdraw and/or refuse to publish an Advertisement without liability by LAWSKILLS to the Buyer if it reasonably believes that the Advertisement may make LAWSKILLS 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 LAWSKILLS harmless accordingly.
- The Buyer must deliver complete creative content to LAWSKILLS no later than the Artwork due by date on the Advertising Order Form in a format which complies with LAWSKILLS’s online ad formats for such content. To cancel or alter an order the Buyer must inform LAWSKILLS by e-mail to the address on the order, at least 3 working days before the Artwork due by date. Otherwise, LAWSKILLS may not be able to achieve the specified go-live date but the Buyer must pay the full amount irrespective of whether any delivery target has been met.
- If the Buyer is supplying creative content or change of creative content to be used in rotations, in the form of a redirected advertisement, the Buyer must inform LAWSKILLS in advance.
- If an Advertisement links to another site, the Buyer is responsible for maintaining the link and for the content of the linked site. LAWSKILLS may remove any Advertisement which contains content or links to a site which, in LAWSKILLS’s opinion, is defamatory or objectionable or will bring LAWSKILLS into disrepute. The Buyer will indemnify LAWSKILLS from and against any claims or liability arising from links contained in an Advertisement.
- Advertisements may contain only such information and code as is necessary to run the Advertisement effectively on the relevant LAWSKILLS Site. Advertisements may not contain tags, cookies, beacons or similar technology which identifies users of any LAWSKILLS Site or enables the Buyer or any third party to serve such users with any advertising other than the Advertisement.
- If an Advertisement is supplied which does not comply with these terms and conditions or LAWSKILLS receives complaints regarding an Advertisement, LAWSKILLS may, at its discretion, remove the Advertisement from display without reference or liability to the Buyer.
- The Buyer’s sole remedy if LAWSKILLS, or its third party subcontractors who may host and serve Advertisements from time to time, make an error in displaying any Advertisement is the cost of re-running the relevant Advertisement. Neither LAWSKILLS nor its subcontractors shall be liable for failure to display the Advertisement caused by circumstances outside their control.
Updated 12 Aug 2016