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1. DEFINITIONS
a) “Advertisement Copy” means posters and any other advertising media intended for display by the Contractor.
b) “Booking Confirmation” means the documents headed “Booking Confirmation” and “Advertising Contract” which shall be sent to the Client by the Contractor at the address referred to in Clause 11 detailed below.
c) “Contractor” means Pop Art (Leeds) Limited, whose registered office is Unit 2, Thornton Grove Works, Thornton Grove, Leeds LS2 7DR, and its successors in title.
d) “Order” means an order submitted by the Client to the Contractor for the display of Advertisement Copy (which is subject always to the Terms and Conditions).
e) “Parties” means the Contractor and Client.
2. APPLICATION OF THESE TERMS AND CONDITIONS
a) The Client shall be ultimately responsible for the payment of Fees and shall be deemed to have full authority in all matters connected with the placing of the Order and the approval or amendment of Advertising Copy.
b) These terms and conditions together with the additional terms set out in the Booking Confirmation will form the entire contract between the parties.
c) Unless specified otherwise in the Booking Confirmation the Client agrees that any and all production for the posters shall be undertaken by the Contractor.
3. DISPLAY OBLIGATIONS
a) The Contractor will unless otherwise agreed in writing, display Advertisement Copy at the locations referred to in the Booking Confirmation.
4. SUPPLY OF MATERIAL
a) It is a fundamental condition of this Agreement that the Client must send the design for the Advertisement Copy to the Contractor on the date stipulated in the Booking Confirmation in order for the Contractor to obtain the posters or display the electronic form in a timely manner during the contracted period of display.
b) The Contractor shall destroy any spare posters at the end of the contracted period unless otherwise agreed in writing between the parties.
5. INVOICING AND CHARGES
a) Unless specified otherwise in the Booking Confirmation or where pre-payment is required in full the Contractor shall invoice the Client who undertakes to pay all invoices no later than 28 days following the date of the same.
6. WARRANTIES, LIABILITY AND INDEMNITY
a) The Contractor accepts full responsibility for compliance with statutory and other legal requirements so far as concerns the use and maintenance of Sites.
b) The Client warrants and undertakes that it owns or has the intellectual property rights to publicly display the design or format used in the posters or digital display
c) The Client will indemnify and keep the Contractor (in respect of itself and its employees, director, subcontractor and agents) indemnified against all actions, proceedings, costs, damages, expenses, penalties, claims, demands and liability (including legal fees) incurred and arising from any breach of the above warranty.
d) In the event the ASA or any other competent body requests the removal of any display the parties agree that the Contractor shall be entitled to immediately so remove without the Contractor incurring any liability to the Client for any loss or damage thereby caused.
7. TERMINATION
a) The Agreement may be terminated by the Client by written notice to the Contractor subject to the following cancellation payments of the Agreement value per the Booking Confirmation prior to the contracted period:
Up to 90 days – Nil
Less than 90 but more than 75 days – 15%
Less than 75 but more than 60 days – 30%
Less than 60 but more than 45 days – 40%
Less than 45 but more than 30 days – 70%
Less than 30 but more than 10 days – 90%
Less than 10 days – 100%
b) The Contractor may terminate the Agreement forthwith by notice in writing to the Client if:
i. the Client shall become bankrupt or commit an act of bankruptcy or make any assignment for the benefit of his creditors or enter into any arrangement with his creditors or being a company shall become insolvent or if any petition for the winding up or administration of the company is presented or if any other step is taken for the purposes of the appointment of an administrator or an administrative receiver of the company or if any steps are taken or negotiations commenced by the company or by any of its creditors with a view to proposing any kind of compositions, compromise or arrangement involving the company and its creditors; or
ii. the Client ceases or in the Contractor’s reasonable opinion threatens to cease to carry on business;
iii. if any monies to be paid by the Client to the Contractor shall be in arrears for 21 days; or
8. NOTICES
a) All notices under this Agreement will be in writing.
b) Notices shall be deemed to have been duly given:
i. when sent by e-mail unless a failure to deliver message is generated or when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
ii. on the second business day following mailing, if mailed by airmail, postage pre-paid, in each case addressed to the most recent address, e-mail address, or facsimile number notified to the other party in writing.
9. REMOVAL FOR PURPOSES OF LANDLORD’S UNDERTAKING
If the landlord/owner at any time in its absolute discretion requires the display of Advertisement Copy at his property to be interrupted or discontinued then the Contractor may interrupt or discontinue such display of Advertisement Copy without prior notice to the Client and upon any such action of the landlord/owner the Contractor may terminate the Agreement whether wholly or in part notwithstanding anything therein contained. In the event of such termination, the Contractor shall repay to the Client a proportionate part of the payment for any unused period. This is an exceptional remedy and the Contractor shall only use this if it has received written instructions from the landlord/owner and it shall make a copy or redacted copy of such instruction available to the Client.
10. ENTIRE AGREEMENT
The Agreement contains the whole agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements, arrangements and understandings between the Parties relating to that subject matter. Accordingly, all prior agreements, whether or not agreed or offered and all conditions and warranties whether express or implied, statutory or otherwise and all representations, statements, negotiations, understandings, and all undertakings either written or oral are superseded by the Agreement (save only in respect of legal liabilities which have accrued in respect of any such prior agreements which are so superseded) and the parties hereby acknowledge that no reliance is placed on any such representation made but not embodied in these documents.
11. CONFIDENTIALITY
a) Each party 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 (whether in oral, written or electronic form) belonging or relating to that party, its business affairs or activities which is not in the public domain and which:
i. is marked as confidential or proprietary;
ii. the receiving party is advised is of a confidential nature; or
iii. due to its character or nature, a reasonable person in a similar position under similar circumstances would treat as confidential.
b) The Contractor’s Confidential Information will include the Fees payable under the Agreement.
12. JURISDICTION AND GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with English Law and the Parties agree to submit to the exclusive jurisdiction of the English Courts.
Effective: 25th May 2018
Last Update: 25th Oct 2019
This policy sets out how Pop Art Media Group uses and protects your personal information, including data from your use of our website. Pop Art Media Group is the Data Controller for personal data about supporters, event attendees, grant applicants, volunteers and newsletter subscribers.
Pop Art Media Group use Data processors to process the data, but never sell on or pass on your data to third parties.
How to Contact us
At Pop Art Media Group – are committed to protecting your privacy. If you have any questions regarding our management of your personal data please contact:
Communications Manager
Pop Art Media Group
Unit 2
Thornton Grove Works
Thornton Grove
Leeds
LS12 3JB
Email Us
info@popartmediagroup.co.uk
How do we collect information?
We collect personal information from you when you send us an email, submit a form, register with the website, make a purchase, or otherwise provide us with personal information.
What information do we collect?
The types of information collected might include: names, e-mail address, postal address and telephone number.
How do we use this information?
We will use your personal information to provide you with the service that you have requested.
We may need to share your information with our data processors and controllers. Listed with links to relevant privacy policies below:
GoBot
Use of Gobot Services: You may interact with a chatbot while using our site or application, which we rely on as a medium for communications with you. We use a chatbot company called Gobot LLC (“Gobot”) to implement this chatbot. We may provide a limited amount of your information (such as your name, email address and sign-up date if you are signed up for our product or service) to Gobot to facilitate our communications with you, improve our service to you, and better understand your use of our service or product. We may also use Gobot to collect data for analytics purposes when you visit our website or use our product or interact with our chatbot. Gobot uses cookies and other technologies to collect data on users’ behavior and their devices. For more information on the privacy practices of Gobot and the data that Gobot collects, please click here and see Section 14. Gobot’s services are governed by Gobot’s terms and conditions of use which can be found here. If you would like to opt out of having this information collected by Gobot click here. Note that Gobot has certified compliance with the EU-US and Swiss-US Privacy Shield Frameworks as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries.
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DISCLAIMER:
This website is not intended to provide legal advice. You should not rely on this website for such, nor as a recommendation as to a particular legal understanding. Our goal is to provide background information to help you understand how Gobot has addressed some important legal points. This information is not the same as legal advice where a lawyer applies the law to your particular circumstance. Therefore, we suggest that you consult a lawyer to seek assistance in the interpretation of this information including its accuracy.
Copyright 2018, Gobot LLC, All rights reserved.We only use your personal information for direct marketing purposes if we are allowed to do this by law or if we have your consent.
How do we protect personal information?
We take appropriate measures to ensure that the information disclosed to us is kept secure, accurate and up to date and kept only for so long as is necessary for the purposes for which it is used.
Will we disclose the information we collect to outside parties?
We will never pass on your information to third party organisations.
We may have to disclose your information if required to do so by law.
Withdrawing consent
To the extent permitted by law, you can change or withdraw your consent for us hold or to use your personal data for the purposes set out above by contacting the Pop Art Media Group Communications Manager.
Right of access
You have the right to ask for a copy of the information we hold about you and to have any inaccuracies in your information corrected.
Changes to personal details
If your personal details change, please help us to keep your information up to date by notifying us.
You can do this by sending your changes to our Communications Manager by emailing.
We reserve the right to amend this privacy statement. If we do so, we will post notice of the change on our website and you will be deemed to have accepted such changes.
When you buy products from us
If you purchase a product (or ask for a quotation) from us, then Pop Art Media Group will collect Personal Information from you – such as your name, mailing address and telephone number, so that we can process your order and fulfil your purchase. We do not view or store your payment card information. We use either PayPal, or Barclaycard to process customer payment card information when Pop Art Media Group customers use a payment card.
Contests
When you enter a contest or other promotions, we will ask you for contact information – such as your name, address, age and e-mail address. We do this so that we can notify winners and get their prizes to them. When you enter a competition or contest you are giving us your consent to use this information. Once the competition is over and the winners have claimed their prize, we delete all information relating to the Contest except contact information for winners who may need to appear at subsequent functions. Winners will be featured on our website.
Newsletters E-mails
We offer free newsletter and offer e-mails as a service to our subscribers. We like to keep you informed and up to date with what’s going on at Pop Art Media Group. We’re always developing, growing and coming up with new ideas. We want to share those with you. However, you can unsubscribe at any time using the links in the emails we send. Or you can just get in touch and let us know directly using the contact info on our site. We’ll then make sure we don’t send you any more information.
Retention of Personal Information
We will retain your Personal Information for the period necessary to fulfil the purposes for which your Personal Information has been collected as outlined in this Privacy Statement unless a longer retention period is required by law.
We will not keep your information for longer than is necessary.
Cookies and Similar Technology
To help analyse how you and other visitors navigate the Pop Art Media Group website and compile aggregate statistics about site usage and response rates, we, with assistance from Google Analytics, collect certain information when you visit our site. This information includes IP address, geographic location, browser type, browser language, date and time of your request, time(s) of your visit(s), demographics, page views and page elements (e.g., links) that you click.
We use cookies or other similar tools on our site or in our email messages to assist us in collecting and analysing such information. We use this information to provide better, more relevant content on our site, to identify and fix problems, and to improve your overall experience on our site.
If you do not want information collected through the use of these technologies, there is a simple procedure in most browsers that allows you to automatically decline many of these technologies, or to be given the choice of declining or accepting them. In addition, if you reside in a jurisdiction that requires us to obtain your consent to use cookies on our sites then you will have an opportunity to manage your cookie preferences on the sites; except that certain cookies are required to enable core site functionality and you cannot choose to disable those cookies.
