Terms and conditions

Please read this page carefully as this page states the "Terms and Conditions” if you wish to place advertisements in certain agreed publications and/or on certain websites.

All advertisement orders accepted for publication by Graduate Prospects (GP) are subject to the following conditions. No other conditions will be binding unless agreed in writing by Graduate Prospects and you. The placing of any order by you will be deemed to be an acceptance of these conditions and any conditions stipulated on an Order Form. GP may revise these Terms and Conditions at any time by updating this posting and therefore you should check this page periodically

1. DEFINITIONS

For the purpose of these terms and conditions, the following words have the meanings ascribed to them:

"Advertisements" means any advertisement, posting or insert detailed in the Order Form;

"Copy Deadline" means the copy deadline stated on the Order Form;

"Fee" means the amount payable by you for the placing of the Advertisement as set out on the Order Form;

"Order Form" means the form submitted by you to GP governing the details of the Advertisement including, without limitation, the technical specification; and

"Website" means the Graduate Prospects website currently situated at http://www.prospects.ac.uk/

2. ORDERS

All quotations and estimates GP make are invitations to treat. The Order Form and copy of the Advertisement is an offer subject to these terms and conditions, which becomes binding between us when GP accept your offer. The Order Form and the Advertisement must be received by the deadline detailed on the Order Form.

3. SCOPE OF AGREEMENT

3.1 In consideration of the Fee, GP shall arrange for the display of the Advertisement on the Website and/or in publications as detailed in the Order Form.

3.2 You will provide all materials for the Advertisement in accordance with GP policies concerning lead-times, deadlines and format. The most up to date version of these is at www.prospects.ac.uk. GP shall not be required to publish any Advertisement that is not received in accordance with such policies. You grant to GP a non-exclusive, worldwide licence to reproduce, display or distribute the Advertisement on the Website and in agreed publications in accordance with these conditions.

4. COPY DEADLINES

4.1 You must supply the copy by each Copy Deadline specified. In the event of copy instructions not being received by the Copy Deadline GP reserve the right, at GP sole discretion:

4.1.1 to repeat standing copy or otherwise to determine the copy to be published;

4.1.2 to charge you the full amount due for the space booked; and

4.1.3 to charge you for any extra costs directly incurred by GP as a result of late copy.

4.2 Proofs sent to you for correction, which are not received back by GP by the relevant Copy Deadline, will be assumed to be correct.

4.3 Copy matter must conform strictly to GP requirements and any additional work required such as the cost of making duplicate films or any necessary reprographic, origination or colour processing work will be charged for.

5. CANCELLATION AND RENEWALS

5.1 You may cancel or amend the Order Form, in whole or in part, more than two weeks prior to the Copy Deadline without charge.

5.2 If you cancel or amend the Order Form, in whole or in part, less than two weeks prior to the Copy Deadline, or if GP do not receive copy by the Copy Deadline, then you will be liable for the full price as set out on the Order Form.

5.3 Except as expressly set out in the Order Form, any renewal of the Order Form and acceptance of any additional Order Form shall be at GP sole discretion. Pricing for any renewal period is subject to GP change from time to time. In no circumstances does the placing of an order confer the right to renew on similar terms.

6. PAYMENT

6.1 All payments under these conditions shall be made in pounds sterling and are exclusive of any applicable taxes. You shall be responsible for and shall indemnify GP against any value added or sales taxes..

6.2 All initial payments due in respect of any Advertisements must be paid on or in advance of the Advertisement start date set forth in the Order Form. If GP approve a request for credit then GP will invoice you as set forth in the Order Form. Payment detailed in the Order Form shall be made to GP within thirty (30) days of the date of invoice.

6.3 Where you fail to pay GP by the due date then, without limit to GP other rights or remedies in these conditions, GP shall, at GP sole discretion have the right to:

6.3.1 suspend the Advertisement until payment in full has been received; and/or

6.3.2 charge you interest on the amount paid late at the rate of four percent (4%) above the base rate of National Westminster Bank plc accruing from day to day (after as well before judgement).

7. PUBLISHING OF ADVERTISEMENTS

7.1 Advertisements will be published either electronically (web based) or on paper (paper based) as set out on the Order Form.

7.2 Inserts will include, but will not be limited to, adverts, any other information published as part of a publication or any items to be included with the distribution of GP products.

7.3 GP reserve the right to omit, refuse, withdraw or cancel Advertisements submitted to GP by you at GP absolute discretion.

7.4 All advertisements are accepted subject to availability of space in the relevant publications. Except as otherwise provided in the Order Form the positioning of the Advertisement is at GP sole discretion.

7.5 In respect of employers posting adverts to these careers services via this channel. Graduate Prospects is the facilitator and cannot guarantee that the careers service will host the advert.

If you use the system to post adverts the careers service reserves the right to:

  • refuse to display the advert
  • display the advert for different dates than requested
  • modify the details of the advert

Some local university careers services charge certain companies to post certain adverts.

Collection and gathering of such payments are outside the scope of this system. You will be contacted by this careers service if payment is required.

If you have any issues about these terms and conditions please contact this careers service.

8. WARRANTIES AND INDEMNITIES

8.1 You warrant and represent that:

8.1.1 you contract with GP as a principal, notwithstanding that you may be acting as an agent for your own client;

8.1.2 Advertisement as submitted or amended pursuant to these conditions will not breach any contract or infringe the rights of any person;

8.1.3 any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;

8.1.4 you have obtained the authority of any living person identified or pictured in the Advertisement;

8.1.5 the Advertisement complies with the requirements of all relevant legislation (including any subordinate legislation and the rules of statutorily recognised regulatory authorities); and

8.1.6 the Advertisement is legal, decent, honest and truthful and complies with the British Code of Advertising Practice and all other relevant codes.

8.2 You will indemnify GP and agree to keep GP indemnified against any and all claims, costs, proceedings, demands, expenses or liability whatsoever arising directly or indirectly as a result of any breach or non-performance of the representations, warranties or other terms contained in these conditions or implied by law.

8.3 GP will not be liable for any loss or damage (including any special, indirect or consequential damages, including, without limitation loss of profits or other consequential loss) resulting from the delay or failure of an Advertisement to appear on the date(s) specified from the failure of an Advertisement to appear in any specified position from the delay or failure of any issue of a publication to appear, from the appearance of any error in an Advertisement for any reason, or from the discontinuance of any publication. GP liability in relation to any of these circumstances shall be limited to a refund of the Fee.

8.4 It is your responsibility to check the correctness of the Advertisement. GP assume no responsibility for the repetition of an error in an Advertisement ordered. Any other matter of complaint, claim or query in relation to the Advertisement must be raised with GP within 30 days following the commencement of any Advertisement run.

8.5 Where you are an agency or media purchaser then you warrant that you are authorised to place the Advertisement with GP and you will indemnify GP against any claim made against GP arising from the publication of the Advertisement.

8.6 You acknowledge that you are responsible for compliance with the obligations set out in clause 8.1 above and that GP have no obligation to edit or review any of GP publications for accuracy or appropriateness. However, GP reserve the right to alter or remove any Advertisement to comply with any obligation placed upon GP or to ensure compliance with the requirements set out in clause 8.1 above.

9. FORCE MAJEURE

9.1 If performance of GP obligations are delayed or hindered by circumstances outside GP control then:

9.1.1 GP will as soon as reasonably practicable give you notice of the reasons for the delay. However, failure to give such notice will not prevent GP relying on the remaining provisions of this clause, and GP will incur no liability for failure to give such notice; and

9.1.2 GP duty to perform shall be suspended for as long as the circumstances amounting to force majeure continue, and the time for performance of GP obligations shall be extended by a period equal to duration of those circumstances.

10. DISCOUNTS

Series discounts apply only to orders placed in advance and completed within one year of the first insertion as set out on the Order Form. If you cancel the balance of a series, you will be liable for the full price on any Advertisements placed at the discounted price prior to cancellation. You will also be liable for the full price in the event of insertions not being completed within the contractual period.

11. INTELLECTUAL PROPERTY

All Advertisement material originated by Graduate Prospects remains GP copyright and any Advertisement material originated by you remains your copyright.

12. TERMINATION

In the event that you commit a material breach of these terms and conditions, GP may terminate this agreement immediately on notice and without liability to you. In the event of any termination, you shall remain liable for any amount due under an Order Form for any Advertisement delivered by GP and such obligation to pay shall survive any termination of this Agreement.

13. DATA PROTECTION

Both parties agree to abide by the terms of the Data Protection Acts 1985 and 1998 and all other similar legislation in any applicable jurisdiction.

14. WAIVER

The failure or delay by either party to exercise or enforce any of its rights is not a waiver of that right and nor will it bar enforcement of any obligation at that time or any subsequent time.

15. NOTICES

Any notice or other document to be served under these conditions must be in writing and served in the following ways (and shall be deemed to have been served at the time stated):

15.1 by first class post - on the second day after postage;

15.2 by fax - upon receipt of an error-free reception code (provided that a copy is sent by pre-paid first class post on the date the fax is sent).

16. SEVERABILITY

If any provision of these conditions, or of any document made in connection with these provisions, is determined by any court, tribunal or administrative body of a competent jurisdiction to be wholly or partly unenforceable for any reason, that unenforceability shall not affect the rest of this agreement or that document, the unenforceable part being deemed severed and deleted and the remainder continuing in full force and effect.

17. ENTIRE AGREEMENT

These conditions shall apply to each contract for the insertion of an Advertisement together with such additional conditions (if any) as may be set out in the Order Form. In the event of any variations or inconsistency between these conditions and the conditions set out in the Order Form the Order Form shall prevail. These conditions form the entire agreement between us on its subject matter and supersede all previous contracts, arrangements, representations or understandings between us (save for fraudulent misrepresentations).

18. NO ASSIGNMENT

You may not resell, assign or transfer any of its rights under these conditions.

19. AGENCY

These conditions shall not create any agency, partnership or joint venture between us.

20. GOVERNING LAW

The contract, which incorporates these conditions, shall be construed under and governed by the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English courts.

 

 

 
 
 

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