These are Nurseriesandschools Ltd (N&S) Advertising Terms and Conditions. We recommend that you read them carefully and we draw your attention, in particular, to the following clauses: B(5), B(6), D, G, H, I and K.
These Terms and Conditions are for businesses and are not to be used by consumers.
A. Definitions and Acceptance of the Terms and Conditions
1. Nurseriesandschools Ltd accepts publication of Advertisements (as defined below) on the terms and conditions set out herein (“Terms”).
2. These Terms apply to:
• Online advertisement on Nurseriesandschools.org platform or any other sort of advertisement like: audio advertisement on podcast, social media, emails, newsletters.
3. In these terms “Advertiser” means the person bidding for or placing the order for the Advertisement whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser. By placing an order, the Advertiser accepts and agrees to be bound by these Terms in full.
4. These Terms take effect on the date on which the Advertiser places its order for the advertisementor promotional activity in respect of the Advertisement (the “Campaign”).
5. Nurseriesandschools Ltd reserves the right to decline any advertisement order or booking or decline to publish any Advertisement or decline to undertake any Campaign activity and accepts no liability for any loss or damage suffered by, or claim made against, the Advertiser, as result of N&S’s decision to decline.
6. Any words following the terms including, include, in particular, for example or any similar expression shall be considered as illustrative and shall not limit the sense of the words preceding those terms.
B. Content and Delivery of Advertisements
1. Materials for any Advertisement must:
a. adhere to all applicable technical specifications and format or other requirements
b. be emailed to N&S by any deadlines communicated by N&S to the Advertiser (Delivery Deadline).
2. The Advertiser represents and guarantees to N&S that:
i. any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
ii. the Advertisement does not suggest any endorsement, support or connection with N&S or contain anything likely to be prejudicial to the image or reputation of N&S;
iii. it has obtained the consent of any person whose name or image (in whole or in part) is contained in any Advertisement;
iv. the Advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice (including the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the “CAP Code”) and all other codes administered by the Advertising Standards Authority), are not libellous, discriminatory, misleading or obscene and do not infringe the rights of any third party (including intellectual property rights);
3. It is the responsibility of the Advertiser to check that the Advertisement is correct when it is published by N&S. If the Advertiser in good faith believes that there is a substantial error with the published Advertisement, the Advertiser should notify N&S in writing as soon as possible. It is the Advertiser’s responsibility to inform N&S of any errors.
4. If there is an error in the published Advertisement that is the fault of the Advertiser, then the Advertiser will compensate N&S in full for any claim .
5. If there is a substantial error in the published Advertisement that is solely due to a mistake on N&S’s part, then N&S shall, on request by the Advertiser, re-publish the corrected Advertisement at no additional cost to the Advertiser. This shall be the Advertiser’s sole remedy for error and it is only available in the case of a substantial error.
6. N&S is not required to accept any changes by the Advertiser to the Advertisement or changes to the positioning of the Advertisement after the order has been submitted.
C. Payment
1. Except where otherwise agreed in writing by N&S, all Advertisements are accepted on the basis that they will be paid for at the prevailing rates set out on the rate card on advertisement page. N&S may change its rates at any time by amending the rates set out on the advertisement page. Any changes to the rates will take effect immediately. However, any changes to the applicable rates will not apply to any orders made prior to the date of such change.
2. All sums payable to N&S must be made in accordance with N&S’s Financial Terms & Conditions which are: Unless an Advertiser has applied for and been accepted as a credit account customer, N&S will provide services only on a pre-payment basis, with receipt of cleared funds in full prior to the booking being confirmed. N&S’s standard payment terms are cleared funds 14 days from date of invoice. If the due date falls on a weekend or bank holiday the payment is due on the first working day immediately prior to the due date. As payment is due as cleared funds, under current banking arrangements, payment by bank transfer should be processed by the Advertiser at least three working days prior to the due date. N&S reserves the right to charge interest on late payment at 4% above the Bank of England base rate.
3. N&S may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for such Advertisement. The Advertiser will remain responsible for all outstanding charges.
Liability of N&S
1. N&S accepts no responsibility or liability for:
i. any interruption or delay the Advertiser experiences in delivering any Advertisement to N&S
ii. any loss or damage to any Advertisement copy or any other materials (except where the loss or damage is caused directly by N&S’s negligence); or
iii. any failure by N&S to perform its obligations which are dependent on the Advertiser fulfilling its obligations where the Advertiser has failed to do so.
2. N&S shall not be responsible, under any circumstances and in any way, howsoever arising, for (i) any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of contracts, loss of revenue, loss or damage to reputation, loss of information or data; and (ii) any indirect or consequential loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by N&S and the Advertiser.
N&S will not be liable for any failure or delay to comply with its obligations in these Terms (including any failure or delay to publish the Advertisements), where such failure or delay is caused by something outside of N&S’s control, including weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, accidents, epidemics, pandemics, power outage or interconnectivity problems, ransomware attack, computer virus, cyber-attack, cyber-crime or any other form of attack on GNM’s systems, supervening legislation or any other circumstances amounting to force majeure.
Rights:
1. N&S owns the copyright in all Advertisements written or designed by it or on its behalf. All intellectual property rights in the Website and the App are owned by N&S.