Terms & Conditions

Effect of These Terms of Business

These Terms of Business apply to all entries accepted for publication by Best of England on its website and in hard copies of its publications, whether or not these terms have been formally agreed in writing by the Advertiser.

No other terms shall apply unless in writing and signed by a duly authorised signatory of both the Publisher and the Advertiser.

Definitions

Contract – the contract between the Publisher and the Advertiser incorporating these Terms of Business.

Material – information in the Publications and/or Website concerning the Advertiser and their business, including text, hyperlinks, photographs, images, and artwork.

Publication – the book(s) entitled Best of England, published and distributed by the Publisher.

Website – www.bestofengland.com and www.bestofengland.co.uk.

Publisher’s Rights and Duties

3.1 Any order by the Advertiser for publication of Material is subject to the Publisher’s written acceptance.

3.2 The Publisher shall, subject to these Terms of Business and receipt of payment, publish Material in the Publications for which fees have been paid in accordance with the Rate Card.

3.3 The Publisher does not guarantee any specific positioning of Material in any Publication or on the Website.

3.4 The Publisher reserves the right at its absolute discretion to decline to publish or remove any Material without reason. In such a case, an appropriate proportion of any payment already made will be refunded.

The Material

4.1 The Publisher will prepare Material for publication and arrange for photographs of the Advertiser’s property to be taken.

4.2 The Advertiser shall provide access to their property for authorised personnel, including photographers, on agreed dates and times.

4.3 The Advertiser will promptly provide any information the Publisher requests.

4.4 The Publisher may send Material to the Advertiser for review but retains final editorial control. Changes after publication may be made if deemed appropriate.

4.5 The Advertiser must promptly report any errors, which the Publisher will rectify where possible.

4.6 The Advertiser must notify the Publisher of any business changes requiring amendments to the Material.

4.7 Copyright and intellectual property rights in all Material prepared and published by the Publisher shall belong to the Publisher, except for the Advertiser’s trademarks and logos.

4.8 The Advertiser may not use any Material without the Publisher’s written consent. Unauthorised use of images will incur charges at the Publisher’s current rates.

Advertiser’s Warranties

5.1 General Warranties

• It has full authority to enter into the Contract and supply images without infringing third-party rights.
• All information provided is accurate, complete, and lawful.
• Any person depicted in Material has consented in writing.
• It is fully responsible for all customer transactions arising from its Material.

5.2 Links

• No hypertext link will cause liability or link to offensive material.
• The Publisher will be informed promptly of any malfunction or change affecting a link.
• No link will interfere with the Website’s functionality.

5.3 Indemnity

The Advertiser shall indemnify the Publisher against all claims, losses, or damages arising from breaches of these warranties or the Contract.

Prices and Payment

6.1 Publication rates are listed in the Rate Card and may change without notice. Quotes and bookings remain valid for 30 days.

6.2 Prices exclude VAT, which must be paid in addition.

6.3 Payment must be made in advance. Late payments (over 28 days) may incur suspension of publication and interest at 8% p.a. above the Bank of England base rate.

Limit of Liability

7.1 If the Publisher fails to publish Material as agreed (and the failure is not due to the Advertiser), the Publisher may either:

• Publish the Material as soon as practicable; or
• Refund or waive an appropriate portion of the fee.

7.2 The Publisher’s total liability shall not exceed the fees payable.

7.3 The Publisher shall not be liable for any indirect, consequential, or economic loss, including lost profits or goodwill.

Force Majeure

Neither party shall be liable for delay or failure due to circumstances beyond their control, including power failure, network issues, strikes, natural disasters, war, or government action.

Cancellation or Termination

9.1 The Advertiser may not cancel an accepted order without paying the full price unless at least three months’ notice is given. Refunds are at the Publisher’s discretion.

9.2 If the Advertiser breaches the Contract, the Publisher may terminate or suspend publication with notice.

9.3 Either party may terminate the Contract if the other becomes insolvent or ceases trading.

Resolution of Disputes

10.1 Both parties will attempt to resolve disputes through direct negotiation.

10.2 Unresolved disputes may be referred to mediation under CEDR rules.

10.3 Failing mediation, disputes shall be resolved by the English courts.

Governing Law

These Terms of Business and the Contract are governed by English law.

General Provisions

12.1 Entire Agreement – These Terms constitute the entire agreement between the parties.

12.2 Variation – No variation is effective unless in writing and signed by both parties.

12.3 No Representation – Each party acknowledges that it has not relied on any external representation.

12.4 Severability – If any clause is invalid, the remainder remains enforceable.

12.5 Waiver – A failure to enforce rights does not constitute a waiver.

12.6 Notices – Must be in writing via email, post, or hand delivery.

12.7 Assignment – The Advertiser may not assign rights without written consent.

12.8 Third Party Rights – No third party shall have rights under these Terms.

Usage of Photography

13.1 Photos may be used on the Advertiser’s website and social media during their subscription period only.

13.2 Best of England retains all copyright. Images cannot be altered or shared with third parties.

13.3 No images may be used in printed media.

13.4 Written approval is required for each use of imagery.

13.5 Unauthorised use incurs charges of £250 per image, per week, per channel.

13.6 Image licences must be purchased for use; fines apply for unlicensed use.

13.7 Copyright is not transferred upon licensing. Images are non-exclusive.

13.8 Licences are non-transferable and must be purchased separately for each end user.

Returns & Shipping

14.1 Incorrectly Entered Addresses

Best of England accepts no responsibility for incomplete or incorrect shipping details. Claims must be made directly with Royal Mail.

14.2 Returns

Printed books may be returned within 14 days; digital products are non-refundable. Return postage is at the customer’s expense.

Returns should be sent to:
Best of Britain
PO Box 1,436
St Albans
AL1 9UE

Please email harry@bestofengland.com to notify us of any returns.