TOMORROW’S BUSINESS LIMITED The Creative Media Centre 45 Robertson Street Hastings East Sussex TN34 1Hl (Company No. 3623870)
STANDARD CONDITIONS FOR THE INSERTION OF ADVERTISEMENTS, PR INCLUSION, SPONSORSHIP AND PARTNERSHIPS.
1 Effect of Terms These Conditions which supersede all other terms and conditions of business (which shall be of no legal effect), shall apply to the business arrangements between Tomorrows Business and the Client and are accepted by the Client by placing an order with Tomorrows Business (whether or not using the Booking Form).
2 Interpretations In these Conditions, the words and phrases set out below shall have the meaning set opposite:
“Advertisement” any kind of promotional material or branding activity that is vocalised through radio or TV broadcast or printed or to be printed or inserted ie: leaflet as part of Tomorrows Business’ magazine, Unlimited, Office News Express, Hot Rushes, NOW Brand Love, or National Office Week, and the details of which may be set out in the Booking Form if accepted in writing by Tomorrow’s Business;
“Sponsorship” or “Partnership” any kind of campaign involvement which may or may not result in material that is printed or to be printed or inserted in the above mentioned way in the above mentioned media tools. For instance sponsorship of a letters page, an awards programme, or a partnership in NOW Brand Love and National Office Week.
“the Advertiser/The Sponsor/The Partner” the person who promotes products or services whether such person is the Client of not, and as may be set out in the Booking Form if accepted in writing by Tomorrow’s Business;
“Booking Form” Tomorrows Business’s official Booking Form, which for the avoidance of doubt has these conditions attached. And clearly states Booking Form at the head of each relevant item.
“the Client” the person placing the order with Tomorrows Business for the insertion of the Advertisement or any other goods or services offered by Tomorrows Business, as may be set out in the Booking Form if accepted in writing by Tomorrows Business;
“Copy Deadline” the latest date by which the Client is obliged to give Tomorrows Business full instructions and copy for carrying out the Client’s order, which shall be as notified on the booking form in advance of publication of the relevant issue of the magazine or campaign unless the Client is otherwise notified in writing by Tomorrows Business;
“the Rate Card” the rate card from time to time in force which is used by Tomorrows Business & which may include (amongst other things) Tomorrows Business’s scale of advertisement rates and also technical specifications relating to the standard and quality of reproduction of the Advertisement including its setting style and wording;
“Series or Bundle” a bulk booking of Advertisements for more than one issue of any of Tomorrows Business titles. Such as “Unlimited” , Office News Express (ONE), Hot Rushes, NOW Brand Love, or National Office Week and as set out on the relevant Booking Form/s;
“Working Days” 9am to 5pm on any day Monday to Friday inclusive other than Christmas Day, Good Friday and bank and other public holidays normally observed in England; and
2.2 Where the context so admits, words importing the one gender shall include all other genders and words importing the singular shall include the plural and vice versa.

3 Payment
3.1 Payment for any Advertisement or any other goods or services is due 14 days after the date of Tomorrows Business’ invoice. Tomorrows Business shall raise an invoice immediately upon receipt of a signed booking form for said Advertisement, or Series/Bundle – unless otherwise requested, discussed and agreed by Tomorrows Business Ltd.
3.2 All sums paid in respect of any invoice properly rendered under this Agreement are non-refundable.
3.3 All rates and charges payable under this contract are subject to and exclusive of Value Added Tax payable at the rate applicable from time to time.

4 Amendment of Advertisements
Tomorrows Business Shall be entitled to amend or require the Client to amend any artwork, materials and/or copy for an Advertisement, or refuse (without notice) to publish any Advertisement for any reason including, without limitation:-
A) to ensure compliance with any legal or moral obligations placed on Tomorrows Business, the Client or the Advertiser, and
B) to avoid infringement of the rights of any third party or the British Code of Advertising Practice or any other relevant codes under the general supervision of the Advertising Standards Authority.

5 Client’s Warranties and Responsibilities
5.1 The Client warrants to Tomorrows Business that:-
A) it is contacting with Tomorrows Business as principal notwithstanding that the Client may be acting directly or indirectly for the Advertiser as an advertising agency or media Client or in any other representative capacity;
B) in the case of the Client changing name, trading style, identity or any other details disclosed in its application for an account with Tomorrows Business (if any), the Client will give written notice to Tomorrows Business within 5 working days thereof and complete a further account application form with those new details;
C) all colour and mono copy or inserts will be delivered to Tomorrows Business or their requested supplier by the dates requested on the booking form;
D) the publication of the Advertisement by Tomorrows Business in the form originally submitted by the Client (or as amended pursuant to Condition 4) will not breach any contract with a third party or infringe any copyright, trademark or other proprietary right of any third party or render Tomorrows Business liable to any proceedings, claims, demands, costs or expenses or any other loss whatsoever.
E) in the case of any Advertisement submitted for publication by the Client which contains the name or pictorial representation, whether photographic or otherwise, of any living person or any part of the anatomy of any living person and any material by which any living person may be identified, then the Client or other Advertiser has obtained the authority of that living person to make sure of his name, identity, representation and/or copy;
F) in the case of any Advertisement seeking financial investment or offering incentives for financial investment that the Advertiser is an authorised person within the meaning of the Financial Services Act 1986 or the contents of the Advertisement is otherwise permitted under that Act;
G) the Advertisement is legal, decent, honest and truthful, does not contravene any law nor is it in any way illegal defamatory or obscene and it complies with the requirements of all relevant legislation including any related subordinate legislation, the rules of statutorily recognised regulatory force or application to the United Kingdom including without limitation the British Code of Advertising Practice and all other relevant codes under the general supervision of the Advertising Standards Authority; and
H) the Client has retained sufficient quantity and quality of any artwork, film or other materials and copy relating to the Advertisement to ensure it may replace the Advertisement if loss of any of these items should occur.
5.2 With regard to the actual or intended insertion of an Advertisement in any publication or campaign, Tomorrows Business shall not be responsible to the Client for any losses, claims, costs, damages, expenses or liabilities whatsoever (including consequential loss) resulting from:-
A) any failure to check the correctness of the Advertisement in the form it is received from the Client;
B) any error in the Advertisement in the form it is received from the Client;
C) the wording or quality of colour or mono reproduction of the Advertisement;
D) the actual positioning of the Advertisement in the publication;
E) the repetition of any error in an Advertisement ordered for more than one insertion;
F) the distribution of (or any failure to distribute in entirety or a published circulation) the publication in a specific geographical area;
G) any order given by the Client in the nature of a stop order or cancellation or transfer of the Advertisement unless it is given to Tomorrows Business in writing at least 28 working days before the Copy Deadline;
H) any delay or failure by Tomorrows Business to issue its publication on the due date, or Tomorrows Business’s decision to suspend its publication or cease the publication altogether; or reduce the circulation;
I) any breach of contract because of Tomorrows Business’s failure to perform any of its obligations under this contract if such failure is caused by anything beyond Tomorrows Business’s reasonable control (that is to say as a result of force majeure) including terrorism, strikes, lock-outs or other industrial actions or trade disputes, whether involving Tomorrows Business’s employees or those of any third party;
J) the loss of copy, artwork, photographs or other material which are held at the Client’s risk and should be insured by it against loss or damage from any cause; or
K) any other matter of complaint, claim or query (whether in relation to the advertisement or the invoice) unless raised with Tomorrows Business in writing within 5 working days following the insertion of the Advertisement, the date on which it is claimed the Advertisement was intended to appear or the receipt by the Client of the invoice giving rise to it.
5.3 The Client shall indemnify and keep indemnified Tomorrows Business against all proceedings, claims, demands, damages, costs, expenses or any other loss whatsoever arising directly or indirectly whether or not reasonably or otherwise foreseeable or avoidable from the publication of the Advertisement or any breach of the Client’s obligations under these Conditions or implied by law.

6 Tomorrow’s Business’s Rights and Responsibilities
6.1 Tomorrows Business reserves the right at its discretion and without notice to the Client:
A) to decline to publish, or omit, alter, suspend or change the position of any Advertisement otherwise accepted for insertion;
B) to charge the Client of any extra production and colour processing costs because of any omission by the Client to supply artwork, film, copy or other materials of sufficient quality;
C) to destroy all artwork, film, copy or other materials which have been in its possession for more than 6 months from the date of their last use by Tomorrows Business unless written instructions have been received from the Client to the contrary;
D) to change its scale of advertisement rates at any time; and to change any matters shown on its Rate Card, or promotional price lists:
6.2 All material and advertisement material originated by Tomorrows Business remains Tomorrows Business’s copyright.
6.3 Tomorrow’s Business shall be entitled to:-
A) charge interest on any amount outstanding from the Client at the rate of 8% above the base lending rate from time to time of the Royal Bank of Scotland plc compounded monthly from the date the invoice became due for payment until the date it is paid in full (whether before of after judgement);
B) charge an administration fee of £25 if any cheque drawn in its favour by the Client in purported satisfaction of any unpaid invoice is dishonoured on presentation; and/or;
C) instruct a debt collection agency to recover any sum due and in that case all charges incurred by Tomorrows Business as a result of such instruction shall be payable by the Client in any event.
6.4 Tomorrow’s Business shall be entitled to withdraw, or adjust and re-invoice at the pre-discounted series/bundle price at its discretion, any discount given to the Client for the publication or intended publication of a Series if such Series or Bundle is not completed because of any stop order or cancellation by the Client but in any event any sums payable in respect of such Series shall be non-refundable.
6.5 Subject to Condition 5.2, if an Advertisement contains an error caused by Tomorrows Business then, provided the Client gives written notice to Tomorrows Business of the error in the Advertisement:-
A) within 5 Working Days of its publication in the case of a single order; or
B) before the Copy Deadline for its next insertion in the case of a Series order.
6.6 Tomorrow’s Business will at its discretion will ensure a practical solution is offered and in some instances publish the Advertisement for a second time without charge (if appropriate) and any such concession shall be Tomorrows Business’s sole liability in respect thereof.

7 Termination
7.1 If the Client:-
A) fails to pay Tomorrows Business’s invoice in accordance with Condition 5; or
B) is in breach of any other obligation under this contract, then Tomorrows Business shall be entitled to terminate this contract immediately (without prejudice to any remedy available to Tomorrows Business for any antecedent breach) and in any such event the outstanding sums owed by the Client to Tomorrows Business shall become due and payable immediately.
7.2 Tomorrows Business shall be entitled (without prejudice to any other remedy available) to treat this contract as repudiated if the Client:-
A) being an individual dies or makes any voluntary arrangement with these creditors or this estate becomes subject to an administration order or he becomes bankrupt;
B) being a company has a receiver appointed to manage its assets or it enters into liquidation (other than for the purpose of amalgamation or reconstruction);
C) allows an encumbrancer to take possession of any of its property or assets; or
D) ceases or threatens to cease to carry on business.

8 Miscellaneous
8.1 Failure by Tomorrows Business to insist upon strict performance by the Client in accordance with the provisions of this contract shall not release or in any way lessen or affect the liability of the Client in any way;
8.2 The parties agree that this Agreement is not intended to confer any rights which are enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999, and that no person who is not a party to this Agreement shall be entitled to enforce, any rights or benefit under this Agreement;
8.3 This contract shall be governed by and construed according to English Law and the parties submit to the exclusive jurisdiction of the English courts.