Terms & Conditions
1 In these terms and conditions the following definitions shall apply:
a) "The Customer" means any person, firm or company who contracts to publish under licence any articles written by or syndicated by The Business Astrologer.
b) "The Business Astrologer" means the astrology syndication service wholly owned and operated by Business Timelines Ltd.
c) "Article" includes any of the columns and/or commentaries available for syndication from The Business Astrologer.
d) "Publish" includes any form of publication or copying, of the whole or part of any article and whether or not altered in any way, in any newspaper, magazine, journal or other printed publication or in digital form whether on floppy disk, CD-Rom, or on any form of computer system, including any computer network or the Internet or the World Wide Web, or in any e-mail or other message whether distributed by telephone, text message, electronic or digital message or other media.
2a The conditions apply to all orders and supplies of articles from or by The Business Astrologer, and shall apply in place of and prevail over any terms and conditions contained or referred to in the buyer's order or correspondence or elsewhere or implied by trade practice or course of dealing. No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
3 Articles are supplied to the Customer under licence only. No property or copyright in any article shall pass to the Customer under any circumstances.
4 The Business Astrologer shall deliver all articles to the Customer by e-mail or in downloadable form from its website at its own expense (excluding any telecommunications incurred by the Customer in accessing the material), or by other means according to the Customer's instructions, and unless by standard postal delivery, at the Customer's cost.
5 The Business Astrologer shall deliver all monthly articles to the Customer no less than 6 weeks before the beginning of the month to which the article relates, and all weekly articles no less than 4 weeks before the beginning of the week to which the article relates.
6 The Customer may publish the Articles only if a valid, current licence agreement is in place between the Customer and The Business Astrologer
7 So long as a current, vaild licence is in place, The Business Astrologer will supply contracted articles for the period of the licence.
8 This licence and any terms and conditions of exclusivity attaching to it will be deemed to be renewed automatically unless The Business Astrologer gives 3 months notice in writing of its intention to discontinue the licence and any terms and conditions of exclusivity attaching to it.
9 Notwithstanding the above cluase, if the Customer does not pay the renewal licence fee in full at least 30 days before the expiry of the licence, The Business Astrologer may rescind this agreement and the syndication licence without further notice.
10 The Customer may not sub-licence, grant away, sell or loan its licence to any other individual or organisation or other party (including a company owned fully or partly by the Customer) without the prior written permission of The Business Astrologer.
11 On completion of any previously agreed trial period, the Licence shall come immediately into force. The Customer shall then pay all invoices no later than the last day of the calendar month in which the Licence came into force.
12 If payment is not made in accordance with these terms, then The Business Astrologer may rescind this agreement and the syndication licence.
13 The Customer agrees to indemnify The Business Astrologer in respect of any claims or damages or any loss or costs arising in any manner from the publication of any Articles licensed from The Business Astrologer.
14 Unless otherwise agreed in writing by the parties, publications rights for the Articles granted in the Licence shall:
a) Not be exclusive to the Customer except when specified in the Licence.
b) Be exercisable only by the Customer and shall not be assigned without the prior written consent of The Business Astrologer.
c) Be limited to the precise use, period of time, publication, language and territory specified in the Licence.
15 In no event will The Business Astrologer be liable to any party for any special, indirect, incidental or consequential damages, including, without limitation, lost revenues or lost profits, whether incurred by you or a third party, which may result from the use of its articles, even if we are advised of the possibility of such damages.
16 All Articles and their full copyright shall be credited to "The Business Astrologer".
17 If any two articles published by the Customer omit the credit line specified by The Business Astrologer the terms of the Licence shall be deemed to have been breached and The Business Astrologer may cease supply of remaining articles under the terms of the Licence agreement.
18 The Customer shall supply to The Business Astrologer immediately upon publication a verification photocopy or sample of the pages of the publication which bear the Article.
19 No translation of, addition to, deletion from or alteration to or adaptation of an Article may be made without the written permission of The Business Astrologer.
20 Failure by The Business Astrologer to exercise or enforce any rights under these conditions shall not be deemed to be a waiver of any such rights at any time or times thereafter.
21 This Agreement shall be subject to any construed according to English law and the parties agree to accept the exclusive jurisdiction of the court of England or, for the exclusive benefit of the plaintiff in the relevant proceedings, the courts of the country of the principal place of business of the defendant in the relevant proceedings.