Entire Agreement

1.1 This agreement supersedes any previous agreements between the advertiser and Keele Students' Union. Both parties acknowledge and agree that it has entered into the agreement based solely upon that which is contained in this agreement, with no reliance on any prior oral or written statements.   

Promotional Activity

2.1 The advertiser agrees to ensure that all promotional activity relates solely to the promotion of products and services provided by the advertiser or, where that advertiser is an agent, provided by the advertiser's client.   

2.2 It is the advertisers' responsibility that their product/brand/service or company is not in breach of the Trade Descriptions Act 1968 or any other subsequent act. Furthermore, it is their responsibility that the information contained in the promotion is accurate and complies with the law. Keele SU will not accept any responsibility for misleading or inaccurate information supplied.   

2.3 Keele SU reserves the right to refuse to display or distribute any advertisement or promotional material that it regards as unsuitable. Where Keele SU exercises this right, the advertiser or client shall be entitled to a refund of any fees they have paid in relation to the relevant media booking. The advertiser or client will not be entitled to any other form of compensation or damages.   

2.4 It is the responsibility of the advertiser to fulfil campaign work and meet appropriate deadlines as set by Keele SU, in line with the media booked. Keele SU accepts no responsibility for unfulfilled campaigns; however, the Marketing Department will do its utmost to assist where possible.   

Payment

3.1 If the advertiser is booking a Freshers Week stall, your order MUST be paid 7 days before the event/planned activity. All MEDIA SALES orders must be paid within 30 days of the date of issue of invoices, or 7 days before an event/planned activity (unless agreed otherwise).   

3.2 Interest will be charged on overdue amounts from the due date until the date of actual payment at the rate of 8% per annum above the base rate. Such interest shall accrue daily and be compounded quarterly.   

3.3 All expenses incurred by or on behalf of the parties including all fees of agents, solicitors or accountants employed by any of the parties in connection with the negotiation or preparation and execution of this agreed, shall be borne solely by the third party.

 

Cancellation Policy

4.1 All cancellations must be made in writing and be received by Keele SU at least 7 days before an event/planned activity. Any correspondence should be addressed to the Business Development Manager.   

4.2 The following charges apply to cancellations: A) Where the advertiser cancels the order less than 30 days before the campaign start date, the advertiser agrees to pay Keele SU the total cost of the campaign; E) Where the advertiser cancels the order more than 30 days before the campaign start date, no fees will be payable by the advertiser.   

4.3 Where applicable, refunds will be made by Keele SU within 60 days of the campaign start date.   

 

Intellectual Property Data Protection And Third-Party's Rights

5.1 Each party shall comply with its obligations and duties under The Data Protection Act 2018 and other applicable statutory or European Community provisions, regulations or guidance.   

5.2 Any use of Keele SU's branding or logo shall only be permitted with Keele University Students' Union's prior approval in writing.   

5.3 Keele SU's intellectual property rights shall not be transferred or affected in any way by this agreement.  

5.4 The advertiser will ensure that advertisements or other forms of promotional activity will not be in breach of any third party's rights.   

5.5 The advertiser agrees to indemnify Keele SU against any claims by third parties for infringement of their rights by the advertiser or by the client as a result of the promotional activity booked by the advertiser under the terms of this agreement.   

Confidentiality

6.1 Each party will treat all confidential information as strictly confidential. Each party will take all proper steps to prevent its use or disclosure, and will not make use of any confidential information for a purpose other than the performance of its obligations under this agreement.   

Sub Contracting

7.1 Keele SU may engage with a subcontractor or agent to perform any of their obligations under this agreement.   

Assignment

8.1 Neither party to this agreement may assign or transfer its rights or obligations under this agreement without the written consent of the other party.  

Termination

9.1 Either party may terminate this agreement with immediate effect at any time by giving written notice to the other party if the other party is in material breach of an obligation under this agreement.   

9.2 Any termination of this agreement (however caused) shall not affect any rights or liability of either party which have accrued before the date of termination.   

Liability

10. 1 In the event, that for any reason, Keele University Students' Union should cancel all or part of the promotional activity, or are unable to perform their obligations under this agreement, then the liability of Keele University Students' Union shall be limited to the refund of any payments made by the advertiser to Keele SU under the terms of this agreement.   

10.2 Keele SU accepts no liability for direct or indirect loss of profits, business or anticipated savings, indirect or consequential loss or damage, or for any destruction of data or promotional material arising as a result of any breach by Keele SU of this agreement.   

Force Majure

11.1 No party shall be deemed in breach of this agreement or otherwise liable to the other parties for any failure or delay in the performance of its obligations if circumstances beyond their reasonable control prevent the party from doing so ("Force Majeure"). The operation of this agreement shall be suspended during the period in which the Force Majeure continues and any periods in this agreement shall be extended accordingly.   

Miscellaneous

12.1 Advertisers are required to uphold Keele SU's policies at all times and be as environmentally and ethically responsible as possible. This includes the Equal Opportunities Policy, the Health & Safety Policy and the Marketing Policy.   

12.2 Keele SU reserves the right to amend these terms and conditions before the event. 12.3 This agreement shall be governed and construed in accordance with the law of England and Wales and the parties shall be subject to the exclusive jurisdiction of the English Court I have read and understood Keele University Students' Unions Terms and Conditions and that by signing below to confirm to abide by all stipulations contained within.