Terms And Conditions
1. Definitions and Interpretation
1.1 “Advertiser” means any person, firm or company who acting as a Principal makes an order.
1.2 “Advertising Agency” means any person, firm, company or outdoor specialist recognised as an Advertising
Agency by the Contractor, who acts as Principal and makes an order.
1.3 “Agreement” means a legally binding agreement between the Parties, consisting of Terms and Conditions, Booking Confirmation and any other terms agreed in writing.
1.4 “Advertisement Copy” means posters and any other forms of advertising media intended for display by the Contractor.
1.5 “Booking Confirmation” means the documents entitled Booking Confirmation which shall be sent to the Principal by the Contractor at their registered address or by email.
1.6 “Contractor” means Forrest Media and other subsidiaries of the Forrest Group whose registered office is 7 Seaward Street, Glasgow G41 1HJ.
1.7 “Due date” means 30 days after the invoice date.
1.8 “Fee” means monies specified in the Booking Confirmation.
1.9 “In Charge Date” means the first date from when copy will be displayed.
1.10 “Landlord” means the person, firm or company with whom the Contractor has an agreement to display advertising on their property.
1.11 “Order” means an order submitted by the Principal to the Contractor for the display of Advertising Copy.
1.12 “Parties” means the Contractor and Principal.
1.13 “Posting Period” means the period specified in the Booking Confirmation.
1.14 “Principal” means an advertiser or Advertising Agency who gives an Order to the Contractor and as such is liable for payment of display of Advertisement Copy.
1.15 “Production Specifications” means the last published titled Productions Specifications published by the Contractor.
1.16 “Sites” means the locations at which the Contractor can display Advertisement Copy.
1.17 “Terms and Conditions” means the terms and conditions noted in this document.
2. Acceptance of Terms and Conditions
2.1 The Principal shall be deemed responsible for the payment of all Fees connected with the placing of an Order and the approval or amendment of Advertising Copy.
2.2 The Terms and Conditions together with any additional terms, agreed with the Principal and Contractor at the time of booking, will be legally binding.
3. Acceptance and Display of Advertising Copy
3.1 The Contractor will, unless otherwise agreed in writing at the time of booking, display Advertising Copy as set out in the Booking Confirmation, in accordance with the Posting Period and subject to Clause 4.
3.2 All Advertising Copy is required to be delivered to the address specified by the Contractor no less than 5 working days before the date of Posting or the In Charge date (whichever is earlier).
3.3 All Advertising Copy shall be displayed within 5 working days of the In Charge date. In the event of Advertising Copy being delivered late, this shall be posted within 5 working days of the receipt by the Contractor. The Contractor will not be responsible for the late production or delivery of Advertising Copy and/or relevant posting instructions.
3.4 In the case of Production Inclusive Orders, all artwork should be received by the Contractor by the date specified by the Contractor, usually being 14 days in advance of the In Charge date.
3.5 Where the Principal wishes to have one or more changes of Advertising Copy, a request to the Contractor from the Principal must be made at the time of placing any Order and agreed in writing by the Contractor.
3.6 The Contractor will only supply photographs of displayed Advertising Copy if formally requested by the Principal at the time of booking.
3.7 The Contractor reserves the right to refuse to post inappropriate Advertising Copy which it deems may be offensive to the general public.
4. Supply & Disposal of Material
4.1 All Advertisement Copy (subject to changes noted in the Booking Confirmation) is to be delivered to the Contractor’s offices at 7 Seaward Street, Glasgow, G41 1HJ unless otherwise stated by the Contractor.
4.2 If the Contractor is to carry out the production of the Advertising Copy, the Principal shall adhere to the Production Specifications and provide all necessary information relating to the posting instructions within the agreed timeframe.
4.3 The Principal shall be required to supply the Advertising Copy in accordance with the Production Specifications to allow the Contractor to display the Advertising Copy in a good condition.
4.4 Failure to deliver the Advertising Copy by the Principal will result in a non-obligation by the Contractor to display the undelivered Advertising Copy. However, all reasonable measures will be adhered to by the Contractor to display late delivered Advertising Copy within a reasonable timeframe.
4.5 Any Advertising Copy used during a campaign will be disposed of by the Contractor, unless agreement has been made with the Principal to return or store the materials.
5.1 Invoices will be issued by the Contractor within the month of the incharge date with monthly statements following thereafter unless otherwise agreed at the time of booking.
5.2 Payment of Fees is due by the Due Date. If payment is not received by the due date then the Contractor may refuse to display or remove any Advertisement Copy.
5.3 Original Invoices shall be sent to the Principal for payment unless an alternative is agreed at the time of Booking.
6. Approvals and Warranties
6.1 The Contractor accepts full responsibility for all statutory and legal requirements pertaining to the maintenance of sites and structures.
6.2 The Principal warrants and undertakes that:
6.2.1 all Advertising Copy will comply with all statutory and legal requirements and regulations from time to time in force including the British Code of Advertising Practice.
6.2.2 they will be responsible for obtaining and paying for all necessary licences and consents for the display of any advertising material. .
6.2.3 no Artwork nor Advertising Copy will breach the copyright or rights of third party/group.
6.2.4 The Principal indemnify the Contractor in respect of all liabilities of any kind (including but without limitation to liabilities under claims, demands, proceedings, awards and actions) for matters of any kind whatsoever (including without limitation costs, expenses, losses, damages, compensation, penalties, fees and disbursements) incurred by the Contractor or any third party arising from any act or omission of the Principal arising out of or connected with the performance of any contract arising from any Order.
7.1 The Agreement may be terminated by the Principal by written notice to the Contractor subject to the following cancellation charges:
Up to 90 days before incharge – 50% of total
Up to 45 days before incharge – 75% of total
Less than 45 days before incharge – 90% of total
7.2 The Contractor may terminate the Agreement with the Principal by notice in writing to the Principal if:
7.2.1 The Principal shall be declared bankrupt or commit an act of bankruptcy.
7.2.2 The Principal ceases trading
7.2.3 If there has been a breach of the Terms and Conditions by the Principal.
The Contractor reserves the right to revise these Terms and Conditions from time to time.The Contractor will post any revised Terms and Conditions on the Forrest Group website and it is the Principal’s responsibility to check for notice of any such revisions.
This Agreement contains the whole agreement between the Parties relating to the subject matter hereof and supercedes any and all prior agreements, arrangements and understandings between the Parties relating to that subject matter.
10.1 All parties will maintain the confidentiality of the other party’s Confidential Information and shall not, without the prior written consent of the other, use, disclose, copy or modify the other party’s Confidential Information other than as necessary for the performance of its rights and obligations under the Agreement. “Confidential Information” shall mean in relation to the other party, information, both verbally and written, belonging or relating to that party, its business affairs or activities which is not in the public domain and which:
10.1.1 is marked as either “confidential” or “proprietary”
10.1.2 the receiving party is advised of the confidential nature; or
10.2 The Contractor’s Confidential Information includes all Fees payable under the Agreement.
These Terms and Conditions shall be governed by and construed in accordance with Scottish Law and the parties submit to the exclusive jurisdiction of the Scottish courts unless the Principals’ registered office is in England, in which case English Law shall apply, or unless varied by agreement between the Parties.