Buyer means the person or business placing the Order with Climate Home News Ltd (CHN).
Client means the person or business wishing to place a Presentation in a Publication.
Contract means the contract between the Client and Climate Home News Ltd (CHN) in relation to a Presentation.
CHN means Climate Home News Limited (registered in England and Wales with company number 11558281).
Presentation means the article, presentation, advertisement or other item to be displayed by CHN in a Publication on behalf of the Client in accordance with the Technical Specification.
Publication means the publication, or other medium within which a Presentation will be displayed.
Order means a booking for the insertion of a Presentation in a Publication.
Invoice means payment details from the Order. This Invoice will indicate the cost of the Presentation as net cost.
Materials mean all copy and/or other materials to be supplied by the Buyer to CHN in respect of the Presentation.
Technical Specifications means the required technical specifications in respect of a Presentation as set out at www.climatechangenews.com/specifications or as provided to the Client by CHN from time to time.
2.1 The placing with CHN of an Order will amount to acceptance of these Terms.
2.2 The Buyer contracts with CHN as principal. If the Buyer is acting as an advertising agency or media buyer for the Client or in some other representative capacity, the Buyer warrants that it is authorised by the Client to place the Presentation and will indemnify CHN against any claim made by the Client against CHN arising from the Presentation.
3.1 The Order shall be deemed to be accepted when CHN issues to you an invoice in respect of your Order and on which date the Contract shall come into existence and become legally binding. The invoice will be a net invoice.
3.2 Materials supplied must conform to the Technical Specifications. Materials not conforming to the Technical Specifications will cause additional work for CHN.
3.3 CHN will use reasonable endeavours to furnish the Buyer with edited text as a Microsoft Word document prior to publication. This document must be returned to CHN before the date stated on it for any amendments to take place.
3.4 All Presentations are accepted subject to CHN’s approval of the Order and space being available in the Publication. CHN reserves the right, for any reason at any time, to reject, cancel, suspend the Publication or change the position of a Presentation in a Publication. However, CHN will use reasonable efforts to comply with the wishes of the Buyer although it does not guarantee the date or position of insertion of the Presentation, the wording or the quality of the Presentation’s reproduction.
3.5 The Client will include on its website a link to their article or Presentation, as published on www.climatechangenews.com. The exact URL to link to will be supplied by CHN once the Publication has been published.
4.1 If a Presentation does not appear, or does not appear on the specified date, CHN will not be liable, whether for breach of contract or otherwise.
4.2 If any non-appearance of the Presentation occurs as a result of the act or default of the Client or its servants or agents then the space reserved for the Presentation shall be paid for in full.
4.3 CHN will not be responsible for any error in the Presentation, or for any damage to or loss of copy, artwork, photographs or other materials supplied in connection with the Presentation. The Buyer confirms that it has insured and retained in sufficient quality and quantity copies of the Presentation for its purposes.
4.4 CHN is not responsible for errors in key numbers or changes in copy unless these are confirmed in writing before the copy deadline or such later date as agreed by CHN. CHN reserves the right to charge for any additional expense involved in such changes.
4.5 Filming
Orders which involve filming require close liaison between the CHN and the Client. In the event of the Client not producing a representative to be filmed at the agreed time and place, the Client will be responsible for all agreed filming, production and broadcasting costs as outlined in the Order. Equally, CHN cannot be held responsible for the quality of the Client’s representative’s performance.
5.1 The Buyer warrants that the Presentation complies with all national and international legal and regulatory requirements and codes of practice (whether voluntary or obligatory), in all jurisdictions in which the Presentation will appear. Without limiting the generality of the foregoing, the Buyer also warrants that the Presentation does not contain any libellous, inaccurate, misleading or false material; does not unfairly prejudice the legitimate interests of any third party or infringe or violate any intellectual property, copyright, trade mark or other personal or proprietary right of any person or render CHN liable to any proceedings whatsoever.
5.2 In addition, the Buyer warrants that the Presentation does not contravene the British Code of Advertising Practice (or any other similar code in the relevant jurisdiction) 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 Clients, products or services.
5.3 If any Presentation 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 Client has obtained the authority of such living person to make use of such name, representation and/or copy.
5.4 The Buyer and/or the Client (as the case may be) is solely responsible for fulfilling and dealing with any orders or enquiries relating to the goods, services or promotion to which the Presentation relates and will indemnify and hold CHN harmless accordingly.
5.5 The Buyer shall indemnify CHN fully and hold CHN harmless against any and all losses, claims, damages, costs (including legal costs) or liabilities which CHN may incur as a result of (i) the publication of the Presentation and (ii) without prejudice to the generality of the foregoing, any breach or alleged breach of any of paragraphs 5.1, 5.2 and 5.3 above.
5.6 To the full extent permitted by law, CHN will not be liable for any loss or damage, whether direct or indirect, including consequential loss or any loss of profits or similar loss, in contract or tort or otherwise, relating to the Presentation or this agreement or any error in the Presentation or any failure of the Presentation to appear for any cause whatsoever.
5.7 CHN reserves the right to withdraw and/or refuse to publish a Presentation without liability to the Buyer if:
(a) it believes that the Presentation may make CHN or the Client liable to any complaint, claim or proceedings; or
(b) for good reason, at the discretion of CHN,
and in either circumstances, CHN shall notify the Buyer as soon as possible.
6.1 Credit accounts must be settled in accordance with the terms shown on the invoice. In default, all invoices are payable immediately. Interest will be charged monthly on overdue accounts at the rate of 6% above the Barclays Bank plc. Minimum Lending Rate.
6.2 Cancellation or suspension of a Presentation by the Buyer. The Buyer will be charged a cancellation fee of 100% of the booking fee payable immediately, if applicable, and for the avoidance of doubt a cancellation by the Buyer will not entitle the Buyer to any refund.
6.3 Cancellation or suspension of a Presentation by CHN under paragraph 5.7 (a) above and for the avoidance of doubt will not entitle the Buyer to any refund and in such circumstances, the Buyer will be liable to immediately pay the 100% cancellation fee of the booking fee.
6.4 Cancellation or suspension of a Presentation by CHN under paragraph 5.7 (b) above and the avoidance of doubt will not entitle the Buyer to any refund where the reason is due to the default or an act or omission of the Buyer or the Client and in such circumstances the Buyer will be liable to immediately pay of the 100% cancellation fee of the booking fee, if applicable.
7.1 CHN shall not be liable to the Client or the Buyer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event (as defined below).
7.2 A Force Majeure Event means an event beyond the control of CHN including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of CHN or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or any subcontractors.
8.1 The Contract constitutes the entire agreement between the parties, supersedes any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
8.2 CHN reserves the right to change these Terms at any time and encourage the Buyer and/or the Publisher to revisit these Terms periodically to ensure that they are at all times fully aware of them. Any changes are effective immediately upon posting to CHN’s website.
8.3 The parties shall keep the Contract and its subject matter confidential and not divulge any information contained therein to any third party unless otherwise required to disclose such information by law.
8.4 If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
8.5 English and Welsh law shall apply to the Contract and the parties agree to submit to the exclusive jurisdiction of the English courts.