Standard Conditions of Acceptance for Advertisements1. For the purpose of these conditions “Advertiser” shall refer to the advertiser or his or her agent whichever is the principal. “Advertisement” shall include loose or other “Insert” where appropriate and advertorials/sponsorships.
2. These conditions shall apply to all advertisements accepted for publication. Any other proposed conditions shall be void unless incorporated clearly in written instructions and specifically accepted by the publisher.
3. All advertisements are accepted subject to the publisher’s approval of the copy and to the space being available.
4. If it is intended to include in an advertisement a competition or a special offer of merchandise, other than that normally associated with the advertised product, full details must be submitted at the time of booking.
5. The publisher reserves the right to omit or suspend an advertisement at any time for good reason, in which case no claim on the part of any advertiser for damages or breach of contract shall arise. Should such an omission or suspension be due to the act or default of the advertiser or his servants or agents then the spec reserved for the advertisement shall be paid in full notwithstanding that the advertisement has not appeared. Such omission or suspension shall be notified to the advertiser as soon as possible.
6. If the publisher considers it necessary to modify the space or alter the date or the position of insertion or make any other alteration, the advertiser will have the right to cancel if the alterations requested are unacceptable, unless such changes are due to an emergency or circumstances beyond the publisher’s control.
7. The publisher shall not be liable for any loss or damage suffered by the advertiser as a result of any total or partial failure (however caused) of publication or distribution of any issue in which any advertisement is scheduled to appear. In the event of any error, misprint or omission in the printing of any advertisement or part of an advertisement the publisher will either reinsert the advertisement or relevant part of the advertisement as the case may be or make a reasonable refund of or adjustment to the cost. No reinsertion or adjustment will be made where the error misprint or omission does not materially detract from the advertisement. In no circumstances shall the total liability of the publisher for any error misprint or omission exceed the amount of a full refund of any price paid to the publisher for the particular advertisement in connection with which liability arose. Without prejudice to the foregoing, the publisher shall not be liable for any indirect or consequential loss including without limitation loss of business or profits in consequence of any error, misprint or omission in the printing of any advertisement. Every care is taken to avoid mistakes but the publisher cannot accept liability for any errors due to third parties or
inaccurate copy instructions.
8. The advertiser ensures that the advertisement does not contravene any Act of Parliament nor is it in any other way illegal or defamatory or an infringement of any other party’s right or an infringement of the British Code of Advertising Practice.
9. The advertiser indemnifies the publisher fully in respect of any claim made against rhe publisher arising from the advertisement. The publisher will consult with the advertiser as to the way in which such claims are to be handled.
10. Advertisement rates are subject to revision at any time and orders are accepted on the condition that the price binds the publisher only in respect of the next issue to be published.
11. An advertiser who cancels the balance of contract, except in the circumstances set out in Clause 5, 6 or 8 above, will be invoiced for the remainder of their series, provided a confirmation form has been signed. Advertisements will be paid for at the rate as per the signed booking form regardless of whether the advertiser provides advertisements for the respective issues booked.
12. Series discounts apply only to orders placed in advance and completed within one year of first insertion. The publisher reserves the right to surcharge in the event of insertions not being completed within the contractual period.
13. Payment terms are strictly 28 days from publication date. Any advertiser who is non-UK based will be required to pre-pay for advertisements prior to intended issue/s. Credit accounts must be settled in accordance with the terms shown on the invoice, which are strictly net. In default, all outstanding transactions will become liable for immediate settlement. Interest will be charged monthly on overdue accounts at the rate of 2.5% above the published UK clearing banks’ base lending rate.
14. Charges will be made to the advertiser or his agent where production costs involved in extra production work owing to acts or defaults of the advertiser or the advertiser’s agent. These will be at the rates agreed prior publication. Complaints regarding reproduction of advertisements received in writing within one month of the publication.
15. Copy must be supplied by advertiser or his agent without application from the publisher, instructions are not received by copy date no guarantee can be that digital proofs will be supplied nor corrections made and the publisher reserves the right to repeat the appropriate copy.
16. Advertisers’ property, artwork, etc, are held at the owners’ risk and should be insured by them against damage, from whatever cause. The publisher reserves the right to all artwork and film which is in his custody for six months from its last appearance.
17. The publisher accepts no responsibility for late publication of any issue or any loss to the advertiser that this may cause.
18. These conditions and all other express terms of the contract governed and construed in accordance with the Laws of England.