This website is provided by So Smart Media, registered in England company number 3727318, whose registered address is West Cottage, Brasted Place, Brasted, Kent TN16 1JE. These terms and conditions apply to all users of this website. If you do not accept these terms then you should stop using this website. Your use of the website confirms your acceptance of these terms. We will not be liable to you for any interruption or delay that you experience in accessing the website, whatever the cause. This website is made available on the basis that So Smart Media is not held responsible for any loss or damage; however it arises, out of the use of this website or reliance on its content.

Copyright Notice

Copyright and other relevant intellectual property rights exist on the Company’s services and the full content of this website. Reproduction and links must first have written consent from So Smart Media. The only exception to this rule is submitted photography – So Smart Media will not take ownership of this.

Forum/ Chat Room/ Noticeboard/ Contributions

By submitting any material to So Smart Media owned websites or publications there is a chance it may reproduced elsewhere eg, a screenshot of the website in a So Smart Media magazine. However So Smart Media will always endeavour to contact the owner of the photograph/other content personally for permission.

You acknowledge:

You have permission to send us the material;

Your email address and password are personal to you and must not be shared;

You must not impersonate any other user of the website or do anything to assist an unregistered user to gain access to the website;

That use of your personal data by So Smart Media is subject to the So Smart Media Data Protection and Privacy Policy.

You also agree that any submitted material will not be:

Threatening, defamatory, intentionally offensive, abusive, liable to incite racial hatred, obscene, in breach of confidence, in breach of privacy; or That it is discriminatory against race, religion, disability, sexual orientation, or gender; or For which you have not obtained all necessary licences and/or approvals; or Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party; or Technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). You further agree that if you knowingly send any material which is technically harmful that So Smart Media retains the right at its sole discretion to pursue you for all legal fees (including its own and those of any third party), damages and other expenses that may be incurred as a result of your actions; or That makes any commercial or business use of the website or post any material which comprises advertising promotional or marketing material of any kind, nor will you set up any links from the website to any other website; or That you understand and agree that any breach of these warranties may cause us damage and loss and you agree to indemnify us and keep us at all times fully indemnified from and against all claims, costs, loss or damage incurred by us directly or indirectly as a result of any material posted by you on the website or any use by you of the website. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting material in breach of this clause.

Registration

Where any part of the website requires that you register in order to use it, you are obliged to provide accurate and complete registration information. It is your responsibility to update and maintain any changes to that information (including your e-mail address) by altering your details as appropriate. Registration is at your own risk and we will not be liable for any unauthorised transactions made using your user name or password. We reserve the right (but do not assume the obligation) to remove any material which we in our sole discretion deem to be harmful, offensive or otherwise in breach of these terms and conditions and/or to terminate the registration of any person who we in our sole discretion deem in breach of these terms and conditions.

Competitions

The winner may be notified by phone or email and the results may be published in the magazine and/or website. We reserve the right to report details of competition winners, to take photographs (or other visual media) and to publish such media. The prize must be taken as offered with no alternative. In the event that the prize cannot be supplied no liability will attach to So Smart Media. Entry into any competition does not give rise to any binding agreement between the parties. When prizes are supplied by third parties we are acting as their agents and as such we exclude all liability for loss or damage you may suffer as a result of any competition. The editor of the relevant publication or website decision is final and no correspondence will be entered into. Employees of So Smart Media and the prize provider and their immediate families and agents may not enter. By entering a competition you may be signing up to the magazine newsletter – this will be stated and you can unsubscribe at any time.

Vouchers

As with competitions, in the event that the offer cannot be supplied no liability will attach to So Smart Media. When offers are supplied by third parties we are acting as their agents and as such we exclude all liability for loss or damage you may suffer as a result. If you are a business providing a voucher So Smart Media accepts no responsibility for any losses that arise as a result of the voucher. You are responsible for providing your own terms & conditions and tracking the cost resulting from the voucher.

Data Protection and Privacy Policy

So Smart Media and it’s magazines are committed to respecting your privacy.  See our Privacy Policy for full details.

Third Party Websites

This website provides links to other websites. These links are for your convenience only and do not signify that we endorse or undertake any responsibility for the content of or any transactions that you enter into relating to those linked sites. Use of third party website is entirely at your own risk.

Advertising

1. Definitions & Interpretation

1.1 In these terms and conditions: “Advertisement” means any kind of promotional or advertising material (including, but not limited to, advertorial content, classified and/or recruitment advertising) that is, as the case may be: (i) to be printed in a Print Publication and/or (ii) to be published or otherwise displayed by electronic means (including, but not limited to, banner, skyscraper, pop-up, roadblock, leader, belly bands, cover wraps, tip ons, inserts, button or other forms of online or electronic display advertising) via or as part of or in connection with any Online Publication; “Advertisement Confirmation” means So Smart Media’s written confirmation of the Buyer’s order; “the Advertiser” means any person who promotes products or services to the general public or a section of the public, whether such person is the Buyer or not; “Advertiser Dependencies” means the Copy Deadline, together with any other obligations of the Buyer which So Smart Media may specify in connection with the proposed publication of the Advertisement (whether included in the Advertisement Confirmation, the Rate Card, the Booking Form or otherwise) including, but not limited to, the delivery format and/or file configuration in which any copy for the Advertisement (whether for a Print Publication or an Online Publication) is to be supplied to So Smart Media; “the Buyer” means the person placing the order with So Smart Media for the publication of the Advertisement (including, but not limited to, the Advertiser’s advertising agency or media buyer); “Copy Deadline” means, where applicable, the latest date (as shown on the Advertisement Confirmation) by which the Buyer is obliged to give So Smart Media full instructions and copy for carrying out the Buyer’s order in accordance with and subject to these terms and conditions. “Online Publication” means any website operated or controlled by So Smart Media or other electronic medium (including, but not limited to, e-mail communications and alerts), whether connected with or related to the title of a Print Publication or otherwise; “Print Publication” means any newspaper, magazine, insert or ‘onsert’ (and including any supplement for which no charge is made to its recipient and which is published whether regularly or occasionally as part of or in association with such newspaper or magazine) published by So Smart Media “So Smart Media” means So Smart Media Limited (company no. 05794284) with its registered office at Cambridge House, 16 High Street, Saffron Walden, Essex CB10 1AX. “the Rate Card” means the rate card from time to time in force which is used by So Smart Media and as such may include (amongst other things) So Smart Media’s scale of advertisement rates and also technical specifications relating to the standard and quality of reproduction of any Advertisement including its setting, style, delivery format, file configuration and size and wording; “Suspension Order” means a written notice given by the Buyer to So Smart Media requesting that the publication of the Advertisement should be temporarily suspended (for a period no longer than six (6) months) until further notice; and “Working Days” means 9am to 5:30pm any day Monday to Friday inclusive other than Christmas Day, Good Friday, bank and other public holidays.

2. Application of these Terms and Conditions

2.1 All Advertisements accepted for publication by So Smart Media are accepted subject to these terms and conditions which shall apply to the exclusion of all other terms and conditions (including any which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document). Any variation to these terms and conditions and any representations about the Advertisement shall have no effect unless expressly agreed in writing and signed by an authorised representative of So Smart Media.

3. The Buyer’s Obligations

The Buyer hereby warrants, represents and undertakes to So Smart Media that:

a) in relation to any and all Advertisements the Buyer contracts with So Smart Media as principal notwithstanding that the Buyer may be acting directly or indirectly for the Advertiser or in any other representative capacity;

b) should the Buyer change its name, trading style, identity, address, or should any other details disclosed by the Buyer to So Smart Media change, the Buyer must give written notice to So Smart Media within 5 Working Days of such change(s);

c) any and all other Advertiser Dependencies will be met and, unless otherwise agreed in writing by So Smart Media, all copy for any Advertisements will be delivered to So Smart Media in an approved digital format and/or file configuration and, in the case of an Advertisement to be published in a Print Publication, delivered at least 21 Working Days prior to the Copy Deadline;

d) the publication of the Advertisement by So Smart Media (either in the Print Publication or the Online Publication or both, as the case may be) in the form originally submitted by the Buyer (or as amended pursuant to Condition 4 below) will not breach any contract with a third party or infringe any copyright, trade mark or other proprietary right of any third party or otherwise be unlawful or render So Smart Media liable to any proceedings, claims, demands, costs or expenses or any other loss whatsoever;

e) in the case of any Advertisement submitted for publication by the Buyer which contains the name or pictorial representation, whether photographic or otherwise, of any living person or any part of the anatomy of any living person or any material by which any living person may be identified, the Buyer or the Advertiser has obtained the authority of that living person to make use of his or her name, identity, image, representation and/or copy;

f) in relation to any financial promotion (as defined under the Financial Services and Markets Act 2000), the Advertiser is, or its content have been approved by, an authorised person within the meaning of the Act or the Advertisement is otherwise permitted under the Act, under the Financial Promotion Order 2001 or under any other legislation subordinate to the Act;

g) the Advertisement complies with the requirements of all relevant legislation (including subordinate legislation, the rules of statutorily recognised regulatory authorities and the law of the European Economic Community) and applicable laws for the time being in force or applicable to the United Kingdom;

h) All advertising copy submitted to So Smart Media is legal, decent, honest and truthful, and complies with the British Code of Advertising, Sales Promotion and Direct Marketing and all other relevant codes under the general supervision of the Advertising Standards Authority;

i) all instructions, artwork or other material submitted to So Smart Media by electronic means shall not contain software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, and shall not be corrupted;

j) any information supplied in connection with the Advertisement is accurate, complete and true;

k) where the Buyer is the Advertiser’s agent, the Buyer is authorised by the Advertiser to place the Advertisement with So Smart Media and the Buyer will indemnify So Smart Media against any claim made by the Advertiser against So Smart Media arising from publication of the same; and

l) the Buyer has retained sufficient quantity and quality of any artwork, film or other materials and copy relating to the Advertisement as So Smart Media shall not be liable for the loss of or damage to any of these items submitted to So Smart Media.

4. Advertisements:

Copy, Alterations, Accuracy, Publication, etc

4.1 Notwithstanding Condition 3 above So Smart Media shall be entitled at any time to require the Buyer to amend any artwork, materials and copy for and relating to any Advertisement, or refuse (without notice) to publish any Advertisement for the purpose of:

a) With any legal or moral obligations placed on So Smart Media or the Buyer or the Advertiser; or

b) avoiding the infringement of (i) the rights of any third party or (ii) the British Code of Advertising, Sales Promotion and Direct Marketing and all other relevant codes under the general supervision of the Advertising Standards Authority or (iii) any other applicable law; or

c) meeting to So Smart Media’s reasonable satisfaction (i) the production and quality specifications stipulated on the Rate Card or (ii) any other Advertiser Dependencies.

4.2 So Smart Media reserves the right at its discretion and without notice to the Buyer:

a) to decline to publish, or omit, alter, suspend or change the position of any Advertisement otherwise accepted for insertion, or publication. However, So Smart Media will endeavour to comply with the reasonable and practicable wishes of the Buyer although So Smart Media does not warrant the date of publication or insertion, the wording, or the quality of the reproduction of the Advertisement; and

b) to destroy all artwork, copy or other materials submitted by the Buyer and which have been in So Smart Media’s possession for more than six (6) months from the date of their last use by So Smart Media, unless specific written instructions have been received from the Buyer to the contrary.

4.3 All copyright and all other rights of a similar nature that are created or exist in material originated by So Smart Media in connection with the publication of the Advertisement remains vested in So Smart Media.

5. Advertisements: Responsibility and Liability

5.1 The Buyer shall indemnify and keep indemnified So Smart Media against all proceedings, claims, demands, damages, costs, expenses or any other loss whatsoever arising directly or reasonably forseeably as a result of (i) the publication of the Advertisement or (ii) any breach of the Buyer’s obligations under these terms and conditions or implied by law.

5.2 With regard to the actual or intended insertion of an Advertisement in any Print or Online Publication So Smart Media shall not be responsible to the Buyer or liable for:

a) checking the correctness of the Advertisement in the form it is received from the Buyer;

b) any error in the Advertisement in the form it is received from the Buyer;

c) the wording, representation, placement or quality of colour or mono reproduction of the Advertisement;

d) the actual positioning or prominence of the Advertisement in the Print and/or Online Publication (as the case may be);

e) the repetition of any error in an Advertisement ordered for more than one insertion;

f) the distribution of the Print or Online Publication in a specific geographical area;

g) the failure, corruption or malfunction of any system of electronic publication, whether by means of electronic storage, display or retrieval equipment or otherwise;

h) any order given by the Buyer in the nature of a “stop order” or cancellation or transfer of the publication of the Advertisement unless it is given to So Smart Media in writing, in the case of an Advertisement to be published in a Print Publication, at least 28 Working Days before the Copy Deadline and, in the case of an Advertisement to be published in an Online Publication, at least 96 hours prior to the intended go-live date;

i) any loss whatsoever caused by delay or failure by So Smart Media to issue the Print or Online Publication on the due date (or such other date of release, display or publication, as the case may be), or So Smart Media’s decision to suspend the Print and/or Online publication or cease the Print or Online Publication altogether;

j) the payment of any damages or other compensation for breach of contract because of So Smart Media’s failure to perform any of its obligations under these terms and conditions if such failure is caused by anything beyond So Smart Media’s reasonable control (that is to say as a result of force majeure) including acts or threats of terrorism, strikes, lock-outs or other industrial actions or trade disputes, pandemic, epidemic or other widespread illness whether involving So Smart Media’s employees or those of any third party;

k) any loss whatsoever caused as a consequence of any instructions, artwork or any other material relating to the Advertisement being submitted by the Buyer in electronic form that is in breach of the warranty at Condition 3(h) above;

l) any matter of complaint, claim or query (whether in relation to the Advertisement, in which case Condition 5.3 shall apply, or So Smart Media’s invoice related thereto) unless raised with So Smart Media in writing within 5 Working Days following the publication of the Advertisement or at the date on which it is claimed the Advertisement was intended to appear, or the receipt by the Buyer of the invoice giving rise to it; and

m) any failure of the Advertisement to meet or generate any target response levels or page impressions.

5.3 Subject to Condition 5.2, if an Advertisement contains an error caused by So Smart Media and this detracts materially from the Advertisement then provided the Buyer gives written notice to So Smart Media of the error in the Advertisement So Smart Media will at its discretion either:

a) give the Buyer credit toward the cost of the Advertisement containing the error; or

b) publish the Advertisement for a second time without charge to the Buyer and to that extent such credit or re-publication (as the case may be) shall be So Smart Media’s maximum liability to the Buyer. Such matter dealt with under this Condition 5.3 shall not affect the liability of the Buyer for payment by the due date of So Smart Media’s charges for the Advertisement and all other Advertisements.

5.4 Except to the extent specified in Condition 5.3, So Smart Media shall not be liable for any loss or damage suffered by the Buyer (or the Advertiser) as a result of any total or partial failure of publication, distribution or availability of any Print or Online Publication in which any Advertisement is scheduled to be included, or for any error, misprint or omission in the printing of any Advertisement.

5.5 The total liability of So Smart Media to the Buyer for any act or omission of So Smart Media, its employees or agents relating to any Advertisement shall not exceed the amount of the full refund of any price paid to So Smart Media for the Advertisement or the cost of a reasonably comparable further or corrective Advertisement. Without limiting the foregoing, So Smart Media shall not be liable for any (i) loss of profits, goodwill or business or (ii) indirect or consequential loss.

6. Payment Terms

6.1 Payment for any Advertisement or any other goods or services is due in advance of first publication of the Advertisement in accordance with the terms set out in the Payment Schedule in this clause unless So Smart Media has previously agreed in writing to open a credit account for the Buyer, and where a credit account is opened then payment of the account shall become due 30 days after the date of So Smart Media’s invoice and the Buyer will ensure that payment is received by So Smart Media no later than this due date. The Buyer must submit all information requested by So Smart Media (including, but not limited to, any relevant purchase order number) and in accordance with So Smart Media’s instructions and deadlines in order for So Smart Media to generate its invoices, and failure to supply such information in accordance with any such request or instructions shall not excuse late or non-payment.

6.2 All the rates and charges payable under or with reference to these terms and conditions are subject to and exclusive of Value Added Tax which shall be charged in addition at the rate from time to time in force.

6.3 If the Buyer:

a) fails to pay So Smart Media’s invoice in accordance with the Payment Schedule in Condition 6.1 above; or

b) is in breach of any obligation under these terms and conditions, So Smart Media shall be entitled to terminate its contract with the Buyer immediately (without prejudice to any other right or remedy available to So Smart Media whether under these terms and conditions or otherwise) and, without prejudice to So Smart Media’s right to terminate its contract with the Buyer in such circumstances, the outstanding balance owed by the Buyer shall become due and payable immediately.

6.4 Without prejudice to Condition 6.4, So Smart Media shall be entitled to:

a) charge interest on any outstanding balance owed to So Smart Media at the rate of 8% above the Bank of England base rate from the date that the invoice became due for payment until the date it is paid in full (whether before or after Judgment);

b) charge an administration fee of £50 if any cheque drawn in its favour by the Buyer in purported satisfaction of any unpaid invoice is dishonoured on presentation; and

c) instruct a debt collection agency (apart from solicitors) to recover any sum due and in that case all charges incurred by So Smart Media as a result of such instruction shall be payable by the Buyer in any event upon demand.

7. Cancellation & Termination

7.1 So Smart Media shall not be bound by any request from the Buyer to stop, cancel or suspend an Advertisement unless such request is in writing and confirmed in writing by So Smart Media.

7.2 Without prejudice to Condition 7.1, the following costs remain due on cancellation, and the Buyer acknowledges that these charges represent a genuine pre-estimate of So Smart Media’s losses:

Display advertising

a) notice of cancellation received 35 days or more before first publication, 25% of total booking fee due

b) notice of cancellation received 25-34 days before first publication, 50% of total booking fee due

c) notice of cancellation received 0-24 days before first publication, 100% of total booking fee due

7.3 So Smart Media shall be entitled (without prejudice to any other remedy available to it) to treat this contract as repudiated if the Buyer or the Advertiser;

a) being an individual dies or makes voluntary arrangement with his creditors or his estate becomes subject to an administration order or he becomes bankrupt;

b) being a company that becomes insolvent, has a receiver appointed to manage its assets or it enters into liquidation or commences to be wound up (other than for the purpose of amalgamation or reconstruction);

(c) allows an encumbrancer to take possession of any of its property or assets; or

(d) is unable to pay its debts as they fall due or ceases or threatens to cease to carry on business.

© 2019 So Smart Media Ltd. All Rights Reserved.

So Smart Media: West Cottage, Brasted Place, Brasted, Kent TN16 1JE, 01959 563007, editorial@professionalphoto.online