Please read carefully. Once the Booking Form has been signed, the Agreement between the Advertiser and the Council cannot be cancelled or recalled and no refund will be granted.
1. Definitions and Interpretation
- 1. In this Agreement the following definitions and rules of interpretation apply:-
“Administration Fee” means the sum payable to the Council, as advertised as at the date the Booking Form is submitted to the Council, for all associated administration and production costs for the Proof and Signboard;
“Advert Fee" means the sum payable to the Council, as advertised as at the date the Booking Form submitted to the Council;
“the Advertiser” means the business or individual named as the Sponsor in the Booking Form;
“the Council” means Stirling Council, a Local Authority constituted under the Local Government etc. (Scotland) Act 1994 and having its Headquarters at Viewforth, Stirling FK8 2ET;
"Date of Commencement" means the date from which the Signboard is erected;
"Date of Termination" means the date upon which this Agreement terminates for whatever reason;“
"the Proof" means the advertisement content to be printed on the Signboard(s);
“the Signboard” means the physical sign which will be owned and erected by the Council;
2.1 The Proof, to be mutually agreed between the Parties is to be displayed on the Signboard from the Date of Commencement to the Date of Termination. If a Proof cannot be agreed between the Parties within 5 working days of the Booking Form being submitted to the Council, the Agreement will be considered terminated and no invoices will be raised.
2.2 On the Date of Commencement the Council shall affix the Signboard, showing the agreed Proof, in a professional and competent manner and shall thereafter be responsible for all repair, maintenance and replacement of the Signboard. Any such repair will be carried out as soon as reasonably practicable, all in accordance with the terms of The Town and Country Planning (Control of Advertising) (Scotland) Regulations 1984 as may be replaced or amended from time to time. The Signboard will at all times comply will all relevant legislation.
2.3 Any changes required to the Proof following the creation of the Signboard will be subject to the same process and timescales as the initial installation. A further Advert Fee and Administration Fee will be charged to the Advertiser at the cost advertised on the Booking Form as at the date the request for changes is made to the Council.
2.4 The Advertiser, its employees, agents or contractors, shall not at any time take access to the location of the Signboard for any reason.
2.5 The Signboard is and shall remain in the ownership of the Council.
2.6 The Council reserves the right to refuse any Booking Form for an advertisement which facilities or promotes gambling, tobacco, alcohol or drugs, or is of a political, religious or any other material which the Council considers to be unreasonable. The Council will use its Code of Conduct in force at such time as any query relating to this matter arises.
2.7 The Council reserves the right to display advertisements of similar trades, businesses and occupations to that or those of the Advertiser at any of the roundabout locations. For the avoidance of doubt, no exclusivity guarantee is provided.
2.8 The Council will be responsible for the landscape maintenance of the roundabouts where the Adverts are placed. This will consist of the usual landscape planting, grass cutting and tree/shrub maintenance. The exact design and planting scheme will be at the sole discretion of the Council.
2.9 From time to time it may be necessary for maintenance works to be carried out at or near the roundabout where the Signboard is located, which may cause disruption to the landscaping or the temporary removal or covering of the Signboard. The Council will endeavour to restore the roundabouts to the condition it was prior to the works having commenced within a reasonable time.
3.1 The Council will endeavour, in so far as possible, to arrange for the Signboard to be located at one of the Advertiser’s preferred locations, as indicated on the Booking Form. If one of the Advertiser’s preferred locations is not available, for whatever reason, the Council will propose an alternative location. The final location for the Signboard is to be mutually agreed between the Council and the Advertiser.
3.2 Locations will be allocated on a first-come, first-served basis.
3.3 Once erected, the location of the Signboard cannot be changed for the duration of the Agreement.
4.1 The Advertiser must pay the Advert Fee and the Administration Fee (and any VAT payable thereon) within 7 days of receiving the Stirling Council invoice(s).
4.2 In the event that an account remains unpaid for 14 days after the date of the invoice, interest at 4% per annum above the base rate from time to time of Bank of Scotland from the date that sum is due, will be due on the overdue sum.
5.1 This Agreement is personal to the Advertiser and they will not (either wholly or partially) assign, sub-let, or share occupation of the Advert.
6.1 If at any time during the term of this Agreement, the Advertiser:-
- fails to pay any sum due under this Agreement within 14 days of such sum being due; or
- is in breach of any of their obligations under this Agreement, or
- becomes apparently insolvent, are sequestrated, or go into liquidation (except for amalgamation or reconstruction of a solvent company) or receivership or administration;
the Council will be entitled to terminate this Agreement, on delivering not less than 4 weeks written notice to the Advertiser, and the provisions below will take effect.
6.2 The Advertiser may terminate this Agreement early, giving not less than 4 weeks written notice to the Council. No refund of any payments will be made on early termination by either party.
6.3 The Advertiser may continue the Agreement, with the Signboard remaining at the same location only, by giving no less than 4 weeks written notice prior to the Date of Termination to the Council. Notices, in this case, can be provided by email, and should only be considered received once confirmation has been provided by the Council, confirming the new Date of Termination. Should the Advertiser wish to change the location of the Signboard, a new Booking Form should be submitted. The Council has the right to refuse a request for continuation for any reason.
6.4 On the Date of Termination, the Council shall promptly take down, remove or cover the advertising signage. No compensation or refund of any nature shall be payable to the Advertiser in the event of early termination. For the avoidance of doubt, the Signboard will remain the property of the Council.
7.1 Notices, unless otherwise provided for, must be in writing and must be delivered to the other party by post or registered post and must be addressed to the other party at the relevant address set out at the head of this agreement.
7.2 The Advertiser may change its address for service by notifying the Council in writing.
8.1 The Council is not liable to the Advertiser for any loss or expense which the Advertiser may sustain from a deficiency in any part of the Advert or the signage, its design, content, display or visibility.
8.2 The Advertiser is, at all times, liable for the content of the Proof.
9.1 The Laws of Scotland govern these terms.
9.2 Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto.