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Oracle Scene and Website Conditions

These terms and conditions shall apply to all orders for advertisements which are placed with UKOUG and accepted by UKOUG either for insertion in the publication 'Oracle Scene' or on UKOUG's own website. No other terms and conditions shall be binding upon UKOUG.

All references to the Advertiser are to the firm company or entity that submits to UKOUG a completed and signed Advertisement Confirmation Form.

An Advertiser who is an advertising agency shall be deemed to contract as a principal and will accordingly be responsible for the advertising charges.

All references to UKOUG are references to UK Oracle Users Group (Company limited by guarantee registration number 02334102 England) having its registered office at User Group House 591-593 Kingston Road Wimbledon London SW20 8SA England.

1. BOOKINGS

1.1 Any advertisement booking is not deemed accepted by UKOUG until UKOUG is in receipt of a properly completed and signed Advertisement Confirmation Form.

1.2 A block booking constitutes four or more advertisement placements and/or insertion orders over consecutive issues.

1.3 If UKOUG cannot arrange publication of any advertisement in the type or style requested by the Advertiser (as the case may be) in the publication 'Oracle Scene' or on its own website then in fulfilment of its obligations to the Advertiser it may arrange for the publication of the advertisement in such way or style as nearly as possible replicates the requested advertisement without submitting to the Advertiser an amended proof for approval

1.4 For the block booking of four or more advertisements across consecutive issues of the publication "Scene", a further 5% discount may be given by UKOUG. This must be agreed in writing with UKOUG and will be implemented upon receipt of a completed and signed Advertisement Confirmation Form from the Advertiser.

1.5 Failure to complete with a block booking advertising series will result in UKOUG reverting to full charges for each advertisement published.

1.6 UKOUG may reject or omit any advertisement when the space allocated in one month has all been reserved.

1.7 So as to maintain the integrity and balance of UKOUG own website content UKOUG reserves in its discretion the right to limit the amount of space and number of advertisements displayed by the Advertiser on UKOUG website at any one time and over any period of time

1.8 The Advertiser shall comply with the requirements of UKOUG set out in the Production Schedule for the insertion or display of the advertisement or display.

2. PAYMENT TERMS AND CANCELLATIONS

2.1 All advertising placements and insertion orders are subject to the requirements set forth in the Production Schedule, Advertising Rates and these Terms & Conditions. These may be amended or replaced from time to time. Advertising Rates are subject to change (prior to UKOUG confirming to the client acceptance of the booking) upon notice from UKOUG.

2.2 Invoices will be produced by UKOUG approximately one month prior to the publication date for a single booking or to the date of the first publication for a block booking. Payment must be received by UKOUG within 30 days of the issue date of the invoice. All charges are subject to value added tax which will be added at the ruling rate at the date of supply.

2.3 If payment is not made when due UKOUG reserves the right to withdraw any discount referred to under Clause 1.4 Bookings (see above) or suspend or withdraw the advertisement or suspend or withdraw any other services agreed by UKOUG to be provided to the Advertiser by UKOUG and or to charge interest for late payment at four percent over Barclays Bank PLC base rate in force from time to time for the period from the due date and until payment is received.

2.4 Cancellations of any advertising placement or insertion order must be received in writing by UKOUG no later than 8 weeks prior to the artwork deadline for the relevant issue. Cancellations received after this date will incur 100% cancellation charges.

2.5 If the Advertiser shall fail to deliver the advertisement material or in the format required to proceed to print or display by the deadline date then the Advertiser shall remain liable to pay in full the charges for the advertisement whether or not any advertisement is printed or displayed.

3. GENERAL CONDITIONS

3.1 All advertising material is subject to approval by UKOUG. UKOUG reserves the right in its absolute discretion and without being obliged to assign any reason to reject or omit any advertising submissions which UKOUG deems undesirable or unsuitable for any reason or contrary to the policies of UKOUG. In such event the order may be cancelled by UKOUG in whole or in part without any responsibility or liability on the part of UKOUG other than to repay any charges already paid for that particular insertion or display.

3.2 The Advertiser warrants and agrees that: (a) It will be responsible for obtaining and paying for all necessary licences and consents for the display of any advertising or copyright trade or service marked material photograph slogan design or appearance of any person in any advertisement (b) No advertisement will be in breach of the copyright or other rights or be defamatory of any third party (c) It will be responsible for ensuring that all advertising material complies with all legislation and statutory and voluntary codes of practice (d) It will be responsible to check the size wording illustration typography other contents artwork layout colours and proofs of any advertisements and within any period required by UKOUG (e) It will indemnify and keep indemnified UKOUG against all claims demands proceedings damages costs charges and expenses arising from any breach of the above warranties or in any other way arising out of the exhibition or display of the advertisements or anything done as a result thereof.

3.3 It is the responsibility of the Advertiser to ensure any advertisements which are a financial promotion under the Financial Services and Markets Act 2000 ("the Act") comply with the Act and all regulations and rules under it whether made by the Financial Services Authority or any recognised professional body of which the Advertiser may be a member and to whose rules and regulations the Advertiser may be subject from time to time.

3.4 In particular the Advertiser warrants that in relation to any advertisement which is a financial promotion under the Act the Advertiser is either an authorised person (under the Act) or the content or communication has been approved for the purposes of the Act by an authorised person or that the advertising is otherwise permitted under the Act or any order made under it.

3.5 UKOUG reserves the right to require the Advertiser to produce documentary evidence of compliance with 3.4 above before inserting any such financial promotion.

3.6 Excluding advertisement bookings for the magazine covers on the publication 'Oracle Scene' or where UKOUG has agreed an advertisement or display will be inserted in a particular position or location, the positioning and location of the advertising is at UKOUG's sole discretion.

3.7 UKOUG will attempt to store advertising materials submitted for 12 months, after which time they will be destroyed unless otherwise instructed in writing by the Advertiser or its agency.

4. LIABILITY

4.1 UKOUG is only liable to the Advertiser as set out in these terms and conditions. No other liability is accepted.

4.2 UKOUG will not be liable to the Advertiser if it cannot display the advertisement because of something beyond its reasonable control.

4.3 UKOUG does not accept responsibility or liability to check the size, wording, illustration, typography, other contents, artwork, layout, colours and proofs of any advertisements.

4.4 UKOUG does not accept any liability for any loss of business loss of income loss of profits or for any indirect or consequential loss.

4.5 All other liability for anything UKOUG does or that anyone who works for UKOUG does shall be limited in respect of any one incident or series of connected incidents to an amount equal to two times the sum payable for the advertisement display or block bookings.

4.6 Nothing in this condition shall exclude liability on the part of UKOUG for death or personal injury arising from something UKOUG has done or failed to do.

4.7 No warranty or representation is made or given as to the number of sales of the publication 'Oracle Scene' or to the number of enquiries or visitors to UKOUG own website. Any figures given are guides only based on past experience

5. TERMINATION

5.1 UKOUG may terminate this agreement by written notice to the Advertiser if any of the following happen: (a) The Advertiser breaks an important condition of this Agreement (this includes failing to make any payment within the 30 day period) or a number of less important conditions; or (b) The Advertiser makes any arrangement with its creditors in general, or being a limited company a resolution to wind up the Advertiser up is passed or someone brings a petition to wind up the Advertiser or a receiver or an administrator is appointed over all or part of the Advertiser's assets

5.2 If this Agreement is ended the Advertiser must still pay all charges that it owes to UKOUG

6. OTHER

6.1 UKOUG will send all billing and notices to the address stated on the Advertisement Confirmation Form or to the Advertiser's last known address.

6.2 English Law will apply to this Agreement and all disputes will be settled in the Courts in England and Wales.

6.3 If any one clause or term of these conditions of business is not legally effective, the remainder of them shall not be affected.

6.4 No variation in these terms will be binding unless in writing and signed by a Director or other authorised officer of UKOUG

6.5 Headings are for ease of reference and shall not be taken into account in the construction or interpretation of the provisions below them.

Oracle is a registered trademark of Oracle Corporation, used under license. This publication is an independent publication not affiliated or otherwise associated with Oracle Corporation.