Terms and Conditions

Terms and Conditions

1.    DEFINITIONS
‘the Company’ means The Advertising Bike Company Ltd. ‘the Client’ means those advertisers for whom the Company is displaying advertising material, creating advertising materials or carrying out any other kind of advertising or promotion. ‘the Vehicles’ principally mean those forms of advertising display units operated by the company – either 6 sheet, 48 sheet or 96 sheet in size both self powered and drawn trailers and media bikes, but also include any other form of advertising unit such as banners or promotional personnel. ‘The Display’ means advertising material or posters of any special displays either produced by the Company or Client.
2.    GENERAL TERMS AND CONDITIONS
Unless otherwise agreed in writing by the Company these conditions shall override any terms and conditions stipulated, incorporated or referred to by the Client in its order or negotiations.
The Company shall be entitled to sub-contract the performance of the whole or part of the contract with the Client without prior notice to the Client.
If the client is to provide the advertising material required for the campaign then these materials must be delivered to the Company 5 (five) working days prior to the start of the campaign.
Adequate spares must be provided where paper posters are used to allow for damage replacement or use of alternative vehicles for operational reasons during the campaign.
Where adequate spare posters are not provided then if the campaign is halted because display materials are not available then the Client is responsible for the remaining cost of the campaign as booked.
If the Company is to produce posters for the Campaign, then except by special arrangement the necessary materials should be received by the Company 7 (seven) working days before the in charge date (unless otherwise agreed by the Company).
Surplus posters, banners and other advertising materials shall be destroyed or discarded after each campaign unless the Client instructs otherwise in writing.
Unless otherwise agreed in writing, the Company shall not be liable to pay compensation for late delivery of advertising materials or artwork.
Details of the areas to be covered during the campaign and any specific instructions as to reporting and/or photocalls must be confirmed in writing by the Client at least 48 hours before the start of the campaign.
If the Client fails to provide full written details of the campaign brief and any special instructions prior to the start of the campaign then the Company shall be entitled to complete the campaign using its reasonable interpretation of the Clients intentions and any dispute in this respect hall not be cause for withholding payment or claiming compensation
It is the Clients responsibility to ensure that all and any promotional materials to be used during the campaign comply with:
•    The British Code of Advertising Practice
•    All and any orders made by a Court of Competent Jurisdiction.
•    All and any supplementary guidelines laid down from time to time by the Advertising Standard Authority.
Any advertising shown on the instructions of the Client and which subsequently causes claims, legal action or any types of proceedings against the Company, for whatever reason, will be deemed to be the sole responsibility of the Client and the Client shall indemnify and hold the Company and its employees harmless against any loss or costs incurred as a consequence of such claims or actions.
If the Company provides Promotional Staff and Entertainers (‘Personnel’) and in the event that the Client is not satisfied with the Personnel provided, the Client must notify the Company within 3 (three) hours of the event starting. If the Client does not so notify the Company, the Client shall be deemed to have accepted the Personnel and the Company will accept no liability in respect thereof and the Client shall not be entitled to reject the Personnel or claim a reduction in the charge or any compensation.
In the event of the Personnel arriving late, the Company will ensure that the Personnel will recover lost time.
In the event of Personnel being unavailable through illness or any other reason, the Company shall endeavour to replace the Personnel within the first 2 (two) hours and financial reimbursement shall be agreed between the Company and the Client, on a case-by-case basis, proportional to the hours lost. In the event of one of the Personnel not arriving on site and no replacement is found, the Client shall not be liable for the day or days lost.
Normal hours worked on each campaign day will be eight hours (8) usually between the hours of 08.00 and 18.00 hrs. Any hours over the 8 hours will be charged for unless agreed prior to the campaign start date. A separate rate will be charged for ‘unsocial’ hours.
The company will not be responsible for any delays or changes to the agreed campaign if these delays are brought about by any reasons beyond the Company’s control, including war, riots, strikes, trade disputes, traffic conditions, inclement weather conditions, mechanical breakdown or late delivery by a courier company.
A Client who is an advertising agency shall be deemed to contract as principal, unless otherwise agreed, and will be responsible for payment of campaign costs. These costs are payable 14 days from date of invoice. In the event of late payment interest will be charged at the rate of 4% over the prevailing Royal Bank of Scotland base rate.
Normal commission agreements between the company and recognised advertising agencies and independent poster specialists are available and agreed by both parties.
The Company will not be responsible for any costs or consequential losses whatsoever incurred by the Client or any other party as a result of the Company’s failure to fulfil terms of any agreement to carry out work on behalf of the Client.
Where a confirmed order is cancelled this cancellation must be made in writing and, if made more than three months before the start of the campaign, no cancellation fee will be payable.
•    If more than two months, but less than three months notice is given then 25% of the campaign cost shall be payable.
•    If more than one month, but less than two months notice is given then 50% of the campaign cost shall be payable.
•    If more than 7 days, but less than one months notice is given then 90% of the campaign cost is payable. If less than 7 days notice is given then 100% of the campaign cost shall be payable.