Primary Plus Terms and Conditions
Terms and Conditions
1. Acceptance of these terms and conditions
These terms and conditions shall apply to any Primary Plus Package ordered by an Advertiser. In addition, the "Advertising Terms and Conditions" (posted on the website: www.tes.co.uk) shall apply to any advertisement accepted by TSL Education for publication as part of a Primary Plus Package and to any Additional Advertisement (as defined below). To the extent that there is any conflict between the provisions of these terms and conditions and the provisions of the Advertising Terms and Conditions, the provisions of these terms and conditions shall take precedence.
By signing the attached order form, the Advertiser accepts and agrees to be bound by: (i) the order form; (ii) these terms and conditions; and (iii) the Advertising Terms and Conditions (together, the "Agreement").
This Agreement shall only apply to advertisements placed for roles to be performed at the site specified in the order form. Any advertisements for roles to be performed at any other location will require a separate agreement to be entered into.
2. The Primary Plus Package
The Advertiser shall be entitled to submit advertisements (in accordance with clause 3 of the Advertising Terms and Conditions) to TSL Education for publication on the TES website. There shall be no limit to the number of Primary Plus Package advertisements that may be submitted by the Advertiser during the Initial Term or any Renewal Period.
In order to qualify for publication as a Primary Plus Package advertisement, the advertisement submitted by the Advertiser must: (i) be a Starter Package advertisement; (ii) relate to a Non-Leadership Role (as defined below).
"Non-Leadership Role" shall mean: classroom teachers; classroom assistants; and support staff (in each case where the role relates to age groups of up to eleven (11) years of age only). Specifically this definition shall exclude: head teachers; deputy head teachers; assistant head teachers; leadership or excellence teachers; directors or principals; deputy directors or vice principals; assistant directors or principals; deputies or assistants of department or faculty; directors of department/faculty; heads of department; heads of year; leaders; managers; principal teachers; second in charge; business managers or bursars; and chaplains or priests.
For the purposes of the Advertising Terms and Conditions, a Primary Plus Package will be deemed to be a Starter Package.
3. Additional Advertisements
In addition to those advertisements that are published as a Primary Plus Package advertisement, the Advertiser may also submit to TSL Education for publication: individual Website Advertisements; Publication Advertisements; and/or Add-On Modules (in each case as defined in the Advertising Terms and Conditions). For the purposes of this Agreement, each of the aforementioned shall be referred to as an "Additional Advertisement").
In the event that the Advertiser submits an Additional Advertisement to TSL Education for publication, the Advertiser acknowledges that TSL Education will publish the Additional Advertisement and submit an invoice to the Advertiser in relation to the cost of the Additional Advertisement. The cost of the Additional Advertisement shall be calculated in accordance with those rates set out in the Relevant Rate Card at the date on which the Additional Advertisement is published ("Additional Fees").
Payment by the Advertiser of the annual fee set out in the attached order form shall be made either (i) in full within 30 days of the date of the invoice issued by TSL Education or (ii) in equal monthly instalments by direct debit over a period of twelve (12) months.
TSL Education will not raise any invoices in respect of the fees until the cooling-off period described in clause 6.1 has expired.
Payments made by direct debit shall be made to: TSL Education Ltd, Bank of Scotland Account Number: 06090251, Sort Code: 12-01-03
Payments made by direct debit must be received by the payment date agreed between the parties as stated on the order form.
TSL Education shall raise an invoice in relation to any Additional Fees that become due as soon as is practicable on or after the day that the Additional Advertisement has been published. Each invoice is payable by the Advertiser by the date of payment stated on the relevant invoice.
Payments which become due under this Agreement and which are not made in full or are not made by the relevant payment date shall be subject to the provisions of clause 7.3 of the Advertising Terms and Conditions.
TSL Education shall be entitled to increase its fees annually provided it has given prior notice to the Advertiser.
This Agreement shall commence on the Start Date and, subject to early termination by TSL Education (and subject to the "cooling-off" provision in clause 6.1), shall continue to take effect until the End Date (the "Initial Term"). On expiry of the Initial Term, this Agreement shall automatically renew for periods of one (1) year (subject, if applicable, to any price increase notified by TSL Education) unless terminated by either party pursuant to clause 6.1 (each a "Renewal Period").
6. Termination and Consequences of Termination
6.1 TSL Education shall have the right to terminate this Agreement: (i) for convenience at any time during the Initial Term or any Renewal Period (on giving the Advertiser not less than thirty (30) days prior written notice of termination); and (ii) with immediate effect during either the Initial Term or any Renewal Period in the event that the Advertiser is in material breach (including non-payment) of this Agreement.
The Advertiser is granted a "cooling-off" period of 14 days from the date of signing the order form. If, during that period, the Advertiser wishes to cancel the Agreement, it shall be entitled to do so by notifying TSL Education in writing. In the event of such a cancellation the Advertiser will not be required to pay any fees.
In the event that the Advertiser wishes to terminate the Agreement on expiry of the Initial Term, the Advertiser shall give written notice to TSL Education no less than thirty (30) days prior to the End Date.
During any Renewal Period, the Advertiser may terminate this Agreement for convenience at any time by giving to TSL Education no less than thirty (30) days prior written notice of termination.
6.2 In the event that (i) TSL Education terminates this Agreement for convenience during the Initial Term or (ii) either party terminates for convenience during any Renewal Period, the following provisions shall apply:
(a) where the Advertiser has paid the annual fee for the Initial Term or the applicable Renewal Period in full (and by the payment date), the Advertiser shall be entitled to a refund (calculated on a monthly pro-rata basis) for each full month which falls within the unexpired portion of the Initial Term or Renewal Period following the date of termination; or
(b) where the Advertiser has been paying the annual fee in equal monthly instalments, the Advertiser shall, on receipt of written notice of termination, be entitled to cancel any future direct debit payments which, had this Agreement continued in full force and effect, would have become due in those months following the date of termination.
6.3 TSL Education shall pay any amount owed to the Advertiser in accordance with clause 6.2 within thirty (30) days of the date of termination of this Agreement.
7. Cancellation of Advertisement
If the Advertiser wishes to cancel any advertisement submitted by the Advertiser as part of the Primary Plus Package, then it shall immediately send a "notice of cancellation" to TSL Education and the provisions of clause 8 of the Advertising Terms and Conditions shall apply to that notice of cancellation.
PLEASE ENSURE THAT YOU HAVE READ AND FULLY UNDERSTOOD THE ADVERTISING TERMS AND CONDITIONS AS THESE WILL GOVERN THE AGREEMENT BETWEEN YOU AND TSL EDUCATION TO THE EXTENT NOT SET OUT ABOVE. IN PARTICULAR YOUR ATTENTION IS DRAWN TO CLAUSE 10 (OBLIGATIONS OF ADVERTISER) AND CLAUSE 13 (INDEMNITY) AND THE LIMITATION ON TSL EDUCATION'S LIABILITY SET OUT AT CLAUSE 14.