General terms 1-6 apply to all products and usage. Terms 7-10 are specific to the products, which you have purchased or use.
- You and Black Beauty Communications Limited
- Your contact details
- Paperless ordering & invoicing
- Payment of Invoices
- Intellectual Property
- Disclaimers, Liability and Governing law
- Subscriptions to our products
- Advertising in our products
- Use of web sites and digital products
1. You and Black Beauty Communications Limited
We are Black Beauty Communications Ltd and we supply information on business markets to business customers. If you purchase or use our products, information or services you are our customer. These terms set out the business relationship between us and apply to you whether you are a direct customer or agent of a customer. All customers are subject to the general business terms specified in clauses 1-6 as well as any terms relevant to your purchase or use of specific types of product.
Any Agent placing an order on behalf of a customer shall be deemed bound by these terms and conditions and jointly and severally liable in respect of all matters including payment of charges.
2. Your contact details
3. Ordering and Invoicing
We carry out our communications for orders and invoices by email. Once you have requested an invoice for a product either by confirming a proposal from us the order is regarded as firm and cannot be cancelled. An email instruction from you will be deemed to have the same value and legal implication as a signed written instruction. This allows us to be efficient, environmentally responsible and timely. When the invoice is issued you should pay within the terms and as soon as we see you have paid we will issue a remittance advice. It is very important you keep us informed of any change in your contact details. We will not normally send extra paper copies of any of these documents and any request to do so will incur an administration surcharge of £10.00 Sterling.
4. Payment of Invoices
Invoices are payable in full by the due date stated on the invoice. We prefer electronic payment directly into the correct account. Your invoice will be in pounds sterling. Our bank account details are as follows.
|UK pounds £||600336||81489862|
Cheques should be made out to Black Beauty and Fashion, BB Comms Ltd and delivered to 86 – 90 Paul Street, London, EC2A 4NE, United Kingdom.
We wish to maintain excellent relations with all our customers however failure to pay in accordance with our terms causes us significant problems and expense in chasing late payers. For late payers we will take action to enforce full payment of the invoice, and without prejudice any other rights, to terminate the contract with you in respect of any future supplies and to compensation for debt recovery costs. We may set credit limits and may not accept any further orders if such credit limits are exceeded. If you have a problem with any product or service please contact us immediately and we will try and resolve the issue. You should however pay the invoice in full by the due date to prevent legal action!
5. Intellectual Property
All copyright, trade marks, design rights, patents and other intellectual property rights to all content in and on any of our products including, magazines, reports, events, events and web sites shall remain vested in us at all times. Your use of our products does not transfer any intellectual property rights to you. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, broadcast, transmit, make available to any third party, or otherwise use any of our products or content in any way except for your own personal use and your personal use in business. You also agree not to adapt, alter or create a derivative work from any of our content except for your own personal use. Any other use of our content requires a commercial license or written permission from us.
The names, images and logos identifying us or third parties and their products and services are subject to copyright, design rights and trade marks of us and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trademark, design right or copyright of us or any other third party.
6. Disclaimers, Liability and Governing law
Our products, including the design, appearance, physical make up, all content, names, images, pictures, logos and icons, are provided “AS IS” and on an “AS AVAILABLE” basis. We have produced them with reasonable care, skill and professionalism and it is our intention that the content provided by us is correct at the time of delivery or publication and complies with the laws of England. However no responsibility is accepted for any errors, omissions or inaccurate content in any product. Nor do we warrant that our products or information are of satisfactory quality, fit for a particular purpose, complete, up-to-date or that that they are infringement free.
We shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the our product and information regardless of the form of action.
In all cases the total liability of Black Beauty and Fashion Ltd in failing to fulfil an order, or for defects in the publications or services supplied to you will be a maximum of the value of that order as specified on the invoice to you.
These terms and conditions and all other express terms and conditions of sale shall be governed and construed in accordance with the laws of England. Any waiver by us of any of these terms and conditions shall be limited to the particular instance and shall not operate or be deemed to operate as a future waiver of that or any other term.
7. Subscriptions for print and web publications
Subscriptions shall run for the full subscription term and no credit will be given for cancellations during the term. Each subscription is for an individual’s use or single seat as is commonly referred for web based subscriptions. For wider distribution or use of a subscription product, multi-user licenses can be negotiated and you should email firstname.lastname@example.org and we will contact you to discuss your needs.
Print publications may suffer damage during transit or none delivery and if you notify us within 30 days following the publication month we will supply replacement copies. Time of delivery is not of the essence. We have no liability for any loss of trade or profit occurring to the customer as a result of delay in delivery or delivery of incorrect or faulty goods. Delivery will be made to the business address of the customer or its agent or to a carrier designated by the customer.
Web based publications may not be available for short periods of time either due to scheduled maintenance (where we will endeavour to provide reasonable notice) or because of unforeseen problems such as network failures occur across the internet; we have no liability for any loss of trade or profit occurring to you as a result of service disruption and if the service is unavailable for more than 24 hours we will extend your subscription period to compensate you. There will be no cash or other alternative remedy for service disruption.
8. Attendance at events
To secure your attendance at an event you need to place a firm order and pay all fees in advance of the event.
The event may be cancelled or the venue changed for reasons beyond our control. We have no liability for any loss of trade or profit occurring to the customer as a result of a change or cancellation.
Places at events are sold on a firm sales basis. Your inability to attend will not be reason for a refund although you may transfer your place to a colleague providing you notify us in writing in advance.
9. Advertising in print, on web products and at events
Your advertisement needs to be supplied in a format suitable for our production needs and approved for publication prior to the copy deadline. You are responsible for checking the accuracy of your advert.
You warrant that your advertisement is not offensive nor that it infringes any laws or advertising codes or standards of decency worldwide and that you have all permissions and authorities necessary to use and publish all content in the advert. You further agree to indemnify us in respect of all proceedings and any claims, damages, liability, losses, costs (including legal costs) and any monies paid in settlement incurred by us arising as a result of the publication or display of your advertisement in any jurisdiction. It is your responsibility to ensure compliance although we may refuse publication on reasonable grounds such as failure to supply finished artwork in time or that we believe it offensive or that it infringes the laws in any jurisdiction. Should this be due to the act or default by you, your agent or employees then the order shall be paid for in full (without deduction) notwithstanding that the order has not been fulfilled.
If we consider it necessary to modify your order we will use reasonable endeavours to notify you and you will have the right to cancel the order if the alterations requested are unacceptable. Every care is taken to avoid mistakes but we cannot accept liability for any errors due to inaccurate or untimely instructions from you.
We will publish your advert in accordance with the order using reasonable care and skill. We will make reasonable endeavours to ensure that the publication is made available in accordance with our advertised publishing schedule. No other warranties of any kind are given by us. Unless we agree in writing we shall not be liable for any loss or damage suffered by you as a result of any total or partial failure of publication, distribution or availability of the publication in which your advertisement is scheduled to be included. In any event the maximum remedy for any dispute shall be the value of the order.
Orders will be invoiced on publication for printed products and prior to publication for web and event advertising. Payment of your invoice is required within the terms specified on the invoice. If you wish to cancel any order for an advert we must receive at least eight weeks notice in writing before the publication deadline unless specified differently on the order. Web adverts are published on a firm non-refundable basis. Advertising and sponsorship at events is also non-refundable. If you cancel orders that are part of a series we will issue a further invoice equal to the discount applied to adverts already published or due for publication within the eight week cancellation period.
The acceptance of your order does not confer the right to renew such order on similar terms. Where we are involved in extra production work on the advertisement owing to acts or default by you or your agent then such additional reasonable costs shall be charged to you. Complaints regarding reproduction of advertisements must be received in writing within one calendar month of the publication date.
You should keep copies of all artwork or other material supplied to us. We cannot guarantee the materials supplied will not be damaged or lost during the production process and you agree that the materials may be stored by us for a period of time for the purposes of checking or rerunning your advert. However, we agree that retention of any materials does not transfer ownership or any intellectual property rights associated with the materials.
10. Use of our web sites and digital products.
You agree to use the web products only for lawful purposes, that comply with all applicable terms and conditions (see particularly clauses 1-7 above) and in a way that does not infringe the rights or restrict its use by anyone else. We do not warrant that functions available on our web products will be uninterrupted or error free, that defects will be corrected, or that our software or the server that make them available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security measures) for the protection of your and your business’ computer systems.
By sharing any original contribution owned by you (including any text, photographs, graphics, video or audio) with us you grant us, free of charge, permission to use the material in any way we want (including modifying and adapting it for operational and editorial reasons). In certain circumstance we may also share your contribution with trusted third parties including publishing partners.