Unless otherwise agreed in writing, the following terms and conditions will be binding on all dealings between Pyramar Ltd trading as Creative Marketing Services (hereinafter referred to as the agency) and its clients. The registered office of the agency is at Hollinthorpe Hall, Swillington Lane, Leeds LS26 8BZ. Its registered number is 1622537 and its VAT number is 363 8257 33.
1 Basis of charging
The basis of charging operated by the agency is that all creative work such as copywriting, design, artwork, digital and web production, social network marketing and PR production is charged at a commercial hourly rate. All subcontracted services such as printing, photography, media, video production etc is uplifted to give the agency a reasonable commercial profit for the capital risk employed.
The agency’s remuneration for media bookings is wholly or partly by way of a commission paid by media owners to recognised advertising agencies such as ourselves. In many cases this is 15%, but where this is less it will be uplifted by the agency.
2 Terms of payment
The terms of payment of media organisations are strict. They insist that we pay them on 30 days, sometimes on 14 days. The agency jeopardises its national agency recognition status if it fails to pay for client advertising within these terms. Consequently, the agency adds a late payment fee to invoices which may be deducted if the account is paid within 30 days of invoice date.
3 Late fee
As the conditions of the media owners are very strict and media bookings involve a low profit margin, we must regretfully charge a late payment fee if our payment terms are not met. This fee of 5% is shown on invoices and must be paid if the invoice is not settled within 30 days. It may be deducted from payments made within 30 days.
4 Late payment of Commercial Debts (Interest) Act 1998
Irrespective of whether a late fee is shown on invoices, the agency gives notice that it will alternatively or additionally invoke its powers under the above act to charge interest at 8% over bank base rate, applied on a daily basis, beginning on the first day that an invoice becomes overdue.
5 Commissioning of design work
Where the agency is requested to carry out design work the basis of charging will be a commercial hourly rate or an agreed fee. In the case of projects which extend beyond one month, the agency will charge 25% of the agreed fee after 30 days and a further 25% after 60 days with the balance charged on completion.
6 Rejection or cancellation
The client shall have no right to terminate a contract, allege breach of contract, or seek any cancellation, reduction or repayment of costs on the basis of style or composition. Once the agency has been commissioned to deliver a project or series of projects, the full agreed fee shall become liable. Where no initial fee had been agreed, a sum equivalent to the hourly costs of starting and completing the project will be liable.
The copyright belonging to any work produced by the agency shall remain the property of the agency. Copyright may be assigned at the conclusion of the contract upon payment of all outstanding invoices. The agency retains the right to mention or feature any work commissioned or undertaken on its websites, brochures or any publicity.
As advertising or production of publicity material plays only a part in the marketing mix, no liability in law can be accepted for the effectiveness or otherwise of any advertisement, series of advertisements or promotional material.
Whilst every effort will be made to ensure that advertising and promotional material appears correctly, the agency’s liability is limited to the cost of the advertising space only if booked by the agency and/or the cost of the creative work.
Written text for advertising/promotional material and/or designs and/or artwork proofs will be submitted for client approval. From this point on, no liability can be accepted for any inaccuracies.
9 Invoice queries
Any query or dispute arising from any invoice submitted must be raised in writing by email or recorded delivery letter not later than fourteen days of the invoice date.
Voucher copies are expressly excluded from our terms of payment stipulations. The agency may provide a copy of the artwork or the advertisement involved, or tear sheet, or certificate of insertion or transmission but the provision of such information may not vary the payment terms outlined above.
11 Asbof and Adfast
In conjunction with the media publishing associations described above, we are obliged to charge a levy – shown on invoices as ASBOF – on all media invoices issued. This small levy of 0.1% is paid to the Advertising Standards Board of Finance to operate the Advertising Standards Authority. We are also obliged to pay a transmission charge, most commonly referred to as Adfast. The agency charges a £5 fee to cover such transmission charges and combines this with the 0.1% Asbof charge when shown on invoices.
12 Legal and voluntary controls
The agency shall not be responsible for executing any advertising or promotional material which contravenes the Advertising Standards Code of Advertising Practice, the Trades Descriptions Acts, Sale of Goods Act, Race Relations Act, Sex Discrimination Act or any other statute. Furthermore, the client indemnities the agency against any legal action, civil or criminal, arising as a result of carrying out the client’s instructions.
13 Conditions of acceptance by media
The client further guarantees that advertising meets the limitations laid down by the media associations such as the Newspaper Publishers Association, Newspaper Society, Periodical Publishing Associations and their Scottish, broadcasting and online equivalents.
14 Law of confidentiality
Reports and recommendations prepared by the agency and associated creative designs are produced in commercial confidence and Copyright.
Although the agency uses every endeavour to maintain agreed time schedules and delivery of creative work to the customer, media or producer of marketing materials, time is not of the essence of the contract and the agency cannot be held responsible for any losses actual or consequential which arise from such delays.
The agency has the right to retain any creative work produced for the client, or any of the clients’ documents or materials until the agency’s accounts to the client are discharged in full.
The placing of an order for the insertion of an advertisement, marketing project, creative work or production work, whether written or verbal, shall be deemed to be acceptance of the above conditions and agreement to abide by them.