Absolutely Advertising Ltd acts in good faith in an advisory capacity as a consultancy. Full details of what is included in the services we have agreed to supply to you are set out in the media proposal submitted by Absolutely Advertising to our clients and attached to these terms and conditions (“the services”). This might involve recommending appropriate third parties to companies. Absolutely Advertising will not be liable for the acts or omissions of third parties.
Absolutely Advertising Ltd does not warrant or guarantee that the services will generate any particular level of campaign response or sales even where the media proposal may refer to the response levels that may be generated.
This clause contains a limit on our liability and you should read if carefully.
Absolutely Advertising Ltd limits its liability to you due to any proven negligence on our part. This liability is limited to £500 for any one claim or series of claims.
Absolutely Advertising Ltd does not exclude liability in any way for death or personal injury caused by its negligence.
Absolutely Advertising Ltd will take all reasonable steps to protect your information, but data can never be guaranteed 100% secure. Please note that we will not be liable for any breach of security out of our control.
All attempts will be made to deliver the services in full on or before the completion date agreed by both parties but time is not of the essence. Absolutely Advertising Ltd cannot be held accountable for technical difficulties out of our control nor can we assist with technical problems beyond the range of services we offer. In the event of any complications all reasonable endeavours will be made to ensure that the contract is delivered in full and on time.
Amendments and cancellations must be made in writing. A requested amendment may result in an increase in the cost and time required to complete the project and therefore an increase in price. Any price increases will be notified to you. Cancellations of contracted work may result in a charge to you for costs already incurred by Absolutely Advertising Ltd in the delivery of the services.
Absolutely Advertising Ltd will endeavour to replace the commitment with a contract or project of equivalent value. Total cancellation will incur if a new arrangement is not made or if a replacement contract cannot be secured and in these circumstances a cancellation charge will then be levied.
Any cancellation of services up to 6 weeks prior to commencement will be charged at 100% of the price. Cancellation prior to 6 weeks before the commencement date will be refunded in full.
Under exceptional circumstances, Absolutely Advertising Ltd reserves the right to cancel any commitment with you, without any obligation on its part, should:
There be any occurrence beyond the reasonable control of Absolutely Advertising Ltd, which will prevent us from performing our duties.
If Absolutely Advertising Ltd believes the arrangements made will prejudice our reputation.
If the client or third party has an unsettled account or dispute with Absolutely Advertising Ltd.
If Absolutely Advertising Ltd becomes aware of changes in the clients financial situation.
If the client fails to comply with these terms and conditions.
Material produced by Absolutely Advertising Ltd is the result of creative skill and significant labour and the copyright of the work rests with Absolutely Advertising . Artwork produced on behalf of, and paid for in full by, a client carries joint copyright. Absolutely Advertising Ltd is the sole owner of any artwork produced that is not paid for. Permission must be sought before any material can be copied; adapted; issued; distorted; rented; lent; presented to the public or broadcast. Infringement of copyright is a criminal offence.
Invoices are sent upon confirmation of media bookings. Payment by cheque, made out to Absolutely Advertising Ltd, must be received by the date stated on the invoice. BACS transfer can be arranged; details are available upon request.
Failure to pay in full by the deadline stated on the invoice will result in a penalty charge of 8% above the base interest rate on total amount owed. Our accountants will issue updated invoices every seven days thereafter from the due date until payment is received. After 14 days any unpaid debts will be pursued and collected by the Company solicitors. All debt recovery or court costs incurred will be added to the sum owed by the client.
Absolutely Advertising Ltd, although it will act as an intermediary, cannot be held financially accountable for the acts or omissions of its clients or third parties.
These terms and conditions and any dispute arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the law of England and Wales and you submit to the exclusive jurisdiction of the courts of England and Wales.