MEDIA CONTRACT:
Terms and Conditions:
1) This contract and any disputes or claims arising out of or in connection with it or its formation (including non-contractual disputes or claims) shall be governed by and construed by English law. Each party hereby irrevocably submits to the exclusive jurisdiction of the courts of England and Wales.
2) Where the Company is in breach of the contract and, if the breach (including late payment as set out in Payment Terms) is capable of remedy, with IRM always working to assist in finding a remedy, it fails to remedy it within 5 working days after written notice from IRM, IRM reserves the right as a last option, to terminate the contract without prejudice to any other rights or remedies of IRM (including under the 'Cancellation Policy' in point 3) in respect of the breach concerned.
3) Cancellation Policy: we ask that the Company make sure they are committed to the contract as unfortunately, we will need to charge a minimum cancellation fee of 65% of the rate agreed. If we receive any cancellations, then we will need to receive the cancellation fee immediately. We will do all that we can not to charge this but sometimes we have no choice, so please read the contract carefully.
4) The terms and conditions printed herein, exclusive of any amendments hereto, encompass the entire agreement of the parties and supersedes all previous understandings and agreements between the parties, whether oral or written.
5) The company agrees to work with IRM to ensure they keep to all deadlines for smooth running; and provide all required assets.
6) The person signing this contract represents and warrants that he/she is duly authorised and has the legal capacity to execute and deliver this contract. If an advertising agency has signed this contract on behalf of the Company, the agency recognises and accepts they are solely responsible for the payment outlined in this contract.
7) All payments must be made strictly by this contract; the amounts detailed are exclusive of any taxes or bank charges and must be received by IRM net of all charges. Full payment will be required within 30 calendar days from the date of the signing of this contract or by no later than the Distribution Date, whichever comes first.
8) The Company is responsible for ensuring that all assets and copy provided: (a) comply with all applicable laws, without limitation; (b) comply with all requirements and/or guides of relevant legislations; and (c) are not defamatory or obscene and does not breach or infringe any intellectual property right or other third party right. The Company will fully indemnify and keep indemnified on demand IRM against all actions, claims, demands, proceedings, damages, costs, charges, losses, and expenses (including without limitation legal fees) made by Third Parties arising out of or in connection with any breach of this clause.
9) The Company grants IRM the right to refer to the Company as a partner of IRM and to use Company trademarks and advertisements on the IRM website and social media including without limitation, images and data from the campaign.
10) All contracts are subject to IRM’s approval of artwork.
11) IRM shall not be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure results from events, circumstances, or causes beyond its reasonable control (such circumstances including but not limited to events, circumstances or causes arising out of works carried out by partners of IRM). In such circumstances, the time for display shall be extended by a period equivalent to the period during which the display of the obligation has been delayed.
12) If the client includes a competition within its campaign, the client is responsible for acquiring all competition prizes, and any prizes over the value of £100 or equivalent local currency, must be secured before the campaign date.