Terms and Conditions

Committee of Advertising Practice

Copy Advice Express Service

May 2011
 
1. In these terms and conditions, references to ‘you’ and ‘your’ are to the person requesting the Express Service, and, references to ‘we’, ‘us’ and ‘our’ are to the Committee of Advertising Practice (“CAP”) .

2. The Express Service shall be provided on these terms and conditions.

3. Upon submission to us of your marketing communication in an easily accessible format and after we are satisfied that you have paid or that you intend to pay the relevant charge, the Express Service shall comprise a copy advice service which:

(i) provides pre-publication guidance as to whether or not proposed advertising or other marketing material is likely to comply with the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing’;

(ii) is, in relation to clause 3(i) above, delivered within 4 hours (subject to the rest of these terms and conditions and, in particular, clauses 6(iii) and (iv) below); and,

(iii) provides aftercare relating to the copy advice service which comprises reasonable telephone access to the adviser who has conducted the copy advice.

4. The Express Service only relates to your marketing communication as submitted in final form to us. It does not relate to any other material, including future revisions of your marketing communication or any related material not submitted as being part of the final form of your marketing communication.

5. The charge for the Express Service shall be £200 + VAT (£170 + VAT if payment is made online via the website www.copyadvice.org.uk, the “Website”).

6. Where the Express Service is provided (and charged for) in accordance with clause 5 above, the following shall apply:

(i) The said 4 hours shall be contiguous hours within the hours of 9am and 6pm during a normal working day in England. Where the entire 4 hours cannot be contiguous within one normal working day, the timing of the 4 hours shall stop at 6pm and continue again at 9am the following normal working day.

(ii) In order for the Express Service to be provided within 4 hours, you must use the button with the words “Request EXPRESS advice” on the Website and provide the final form of your marketing communication.

(iii) The 4 hours shall commence from the receipt of either the payment of the relevant charge (as set referred to in clause 5 above) or where we are satisfied that you intend to pay the relevant charge and the request set out at clause 6(ii) above. Where our sole consideration is that more material is required from you, we shall inform you promptly.  Where more material is required from you, the 4 hours shall commence from when we notify you (acting promptly) that we are satisfied that we have all your relevant material.

(iv) Where our sole consideration is that the final form of your marketing communication raises complex issues and the Express Service cannot be provided, we shall advise you of this (and refund any monies paid for the provision of the Express Service) promptly. Our decision in this matter is final.

7. We shall not be liable for any damages arising from the provision of the Express Service, or the failure to provide it in time or at all, beyond any charges paid by you for the provision of the Express Service.

8. The Express Service is advisory, provided in good faith and is confined to information current at the point of delivery. Nothing provided as part of the Express Service binds CAP or the ASA in any of its future conduct. The Express Service should not be accepted on any expectation that its purchase will influence or fetter CAP or the ASA in any of its future dealings (including adjudications) in relation to you.

9. The Express Service is provided for you and in relation to your marketing communication. No person other than you shall have any benefits conferred upon them as a result of the provision of the Express Service and/or these terms and conditions.

10. The provision of the Express Service does not constitute any type of endorsement of any products or services whatsoever. Any representation by you to that effect (or action that leads others to make such representations) shall constitute a breach of these terms and conditions.

11. The Express Service does not comprise or constitute legal advice.

12. Any advice or any other documents and/or materials provided as part of the Express Service shall remain our intellectual property. We grant you a licence to reproduce any written report or any other documents and/or materials referred to above in accordance with these terms and conditions and only in their whole and original form.

13. We shall not be liable for any delay in providing the Express Service if such delay is due to events beyond our control. In such circumstances we shall deliver the Express Service at the soonest time after the delaying events have, in our sole opinion, concluded.