Terms & Conditions

Pinnacle Media Partnerships Ltd Contract of Agreement

  1. DEFINITIONS
    The following Conditions used herein shall have the following respective meanings unless the context otherwise required:-
    Supplier: Pinnacle Media Partnerships Limited registered in England and Wales with company number 10816437
    Customer: the entity which purchases Services from The Supplier for business purposes.
    Conditions: these terms and conditions.
    Club: The venue specified in the Offer.
    Offer: a written document headed “Offer” supplied by The Supplier to the Customer setting out the Services to be performed for the Customer.
    Contract of Agreement: the Contract of Agreement between The Supplier and the Customer for the supply of the Services set out in the Offer in accordance with these Conditions.
  2. You are deemed to have accepted these Terms and Conditions when you accept our quotation, by signature, payment of any deposit / balance, or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
  3. The Contract shall commence at the point of signature of the contract or the payment of deposit (subject to earlier termination pursuant to this clause 4) and will continue for the duration set out in the agreement (the Term).
  4. After the expiration of the Term, unless the Contract has been terminated by one of the parties giving the other at least 6 months written notice prior to the expiration of the Term or in accordance with clause 4, this agreement will recommence under the same terms contained in the Offer and this agreement and without notification from Pinnacle Media Partnerships.
  5. You acknowledge that you as the individual providing the communicated acceptance of the offer as set out on the offer sheet is duly authorised to do so and understands that by doing so they are entering into a contractual relationship with the Supplier on the terms as set out in this contract.
  6. The Customer gives permission to The Supplier to use still image examples of the Digital Platforms using the Customers Copy in its own promotional material.
  7. The Customer shall indemnify The Supplier against all claims in respect of any alleged infringement of copyright, trademark or design or in any respect of any passing off or slander or title arising in consequence to the exhibition of the advertisements in pursuance of this Contract of Agreement.
  8. The Supplier are not permitted to use Copy outside their own promotional material or the agreed Digital Platforms, without approval from the Customer.
  9. Customer acknowledges that The Supplier does not accept any Copy that contains: indecent, obscene or pornographic material, hate speech, any illegal subject matter or activities or any other content that does not meet The Supplier’s quality standards as in effect from time to time (collectively referred to as the “Prohibited Content”). The Customer represents and warrants that during the term of this Contract of Agreement any of its Copy shall not contain any Prohibited Content.
  10. Where the business of the Customer is taken over by a new Proprietor (or where his business ceases or the nature of the business changes) the Customer shall nevertheless remain fully liable under this Contract of Agreement unless the new Proprietor notified The Supplier by recorded delivery of his intention to accept as his responsibility the Conditions already agreed with The Supplier by the Customer. Should however, the Proprietor default in the performance of the Contract of Agreement the Customer will remain liable for any loss sustained by The Supplier.
  11. If due to any circumstances The Club is unable to broadcast, The Supplier will change the venue to another within a 50 mile radius
  12. CHARGES AND PAYMENTS
    1. The price for the Services shall be the price set out in the Offer, which the parties agree represents a genuine pre estimate of the Supplier’s loss in the event of the Customer breaching the terms of the Contract.
    2. The Supplier shall invoice the Customer for the Services either in advance, at the date the Contract is entered into or at any other time at its sole discretion.
    3. The Supplier shall invoice the Customer for the Services, either in advance, the date the Contract is entered into or at any other time at its sole discretion.
    4. The Customer shall pay each invoice submitted by the Supplier:
      a. Immediately or in advance if required by the Supplier
      b. Within 7 day of the date of the invoice in full and in clear funds to a bank account nominated in writing by the Supplier and
      time for payment shall be of the essence of the Contract.
    5. Where the total fee payable is to be paid via instalments, the Customer will pay the Supplier by direct debit. The Supplier will instruct a third party to manage collection of all payments and the Customer authorises the Supplier to do so. The Customer accepts that the third party will communicate with them via email and telephone throughout the payment schedule and that all payments are to be upheld by the Customer.
    6. If the Customer fails to make any payment due to the Supplier under the Contract by the due date(s) then:
      a. Any discount set out within the Offer shall be immediately disciplined and the difference between the discounted price and the full price set out in the Offer shall become immediately due and payable
      b. The full balance remaining under this Contract shall immediately become due payable, plus costs of collection
      c. The Customer shall pay interest on the overdue amount (including any additional invoices raised). The current rate of interest is 8% above base rate of HSBC. Such interest shall accrue on a daily basis from the due date until payment is received by the Supplier.
    7. The Customer shall pay all amounts due under the Contract in full and without any withholding or deductions.
    8. The Supplier reserves the right to charge an administration fee of £50.00+VAT per occurrence, for any of the following:
      a. Unpaid returned or recalled banker’s orders
      b. Unpaid, returned, or cancelled Direct Debit instructions
      c. Unpaid, returned or recalled cheques
      d. Letters sent as a result of breach of this Contract of Agreement
    9. Without limiting its other rights or remedies, the Supplier may suspend and/or terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under this Contract on the due date or payment.
    10.  Without limiting its other rights or remedies, the Supplier may suspend and/or terminate the Contract with immediate effect by giving written notice to the Customer if the Customer commits a material breach of its obligations under the Contract and fails to remedy that breach within the timeframe requested by the Supplier.
    11. Without limiting its other rights or remedies, where the Customer has failed to remedy any payment breach, the Supplier may instruct a third party to take necessary action to recover the outstanding balance owed by the Customer. All professional and legal fees incurred by the Supplier for this service, will be transferred to the Customer.
  1. TERMINATION
    1. Both parties have the right to early termination after 24 months providing 6 months written notice is provided to the registered address of the other party.
    2. The Contract of Agreement will be terminated in the event of the Customer becoming directly associated or incriminated in relation to any of the Prohibited Content. In this instance, the Customer remains liable for the remaining balance due for the current Term.
    3. If payment of an instalment here under is not made on the due date then The Supplier have the right to withdraw the advertisement from the venue. The Customer shall nevertheless remain fully liable for the total Contract of Agreement value outstanding under this Contract of Agreement.
    4. The Customer holds the sponsorship rights to the specific areas of the chosen The Club only. The Supplier owns full copyright and reserves the right to use the Flyover created with third parties.
    5. In the event of an Act of God or Force Majeure, both parties are free from the obligations of this Contract of Agreement. The Supplier shall be excused from carrying out the conditions of this Contract of Agreement until a “normal” situation has returned.
    6. This Contract of Agreement shall in all aspects be construed as an English Contract of Agreement subject to English Law.
  2. COMMUNICATIONS
    1. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
    2. Notices shall be deemed to have been duly given:
      a. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient.
      b. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
      c. on the fifth business day following mailing, if mailed by national ordinary mail; or
      d. on the tenth business day following mailing, if mailed by airmail
    3. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.