2011 Media Information
Terms & Conditions
STANDARD CONDITIONS OF ACCEPTANCE
For the purpose of these conditions, ‘Advertiser’ shall refer to the Advertiser or his Agent whichever is the principal. ‘Advertisement’ shall include loose ‘insert’ where appropriate.
These conditions will apply to all advertisements for publication. Any other proposed condition shall be void unless incorporated in written instructions and explicitly accepted by the publisher in writing.
All advertisements are accepted subject to Publisher’s approval of the copy.
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. The Publisher has no obligation to ensure the Advertiser fulfils the advertisement promotional or other incentive.
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 an Advertiser for damages or breach of contract shall arise. Should such an omission be due to the act or default of the Advertiser or his servants or agents then the space 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.
If the publisher considers it necessary to materially modify the space or alter the date of insertion or position or make any other alteration, the advertiser will have the right to cancel if the alterations are unacceptable, unless such changes are due to an emergency or circumstances beyond the publishers control. Every care is taken to avoid mistakes but the publisher cannot accept liability for any errors due to any third parties, subcontracts or inaccurate copy instructions.
The Advertiser warrants 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 rights or an infringement of the British Code of Advertising Practice.
The advertiser will indemnify the Publisher fully in respect of any claim made against the Publisher arising from the advertisement (including but not limited to breach of another parties copyrights). The Publisher will consult with the Advertiser as to the way such claims are to be handled.
Advertisements rates are subject to revision at any time and orders are accepted on condition that the price binds the Publisher only in respect of the next issue to go to press. In the event of a rate increase, the Advertiser will have the option to cancel the order without surcharge or continue the order at the revised advertisement rates.
If an advertiser cancels the balance of the contract, except in the circumstances set out in Clauses 6 or 9 above, he relinquishes any right to that series discount to which he was entitled previously and advertisements will be paid for at the appropriate rate.
Series discounts apply only to orders placed in advance and completed within one year of date of insertion. The Publisher reserves the right to surcharge in the event of insertions not being completed in the contractual period.
Credit accounts are strictly nett and payment must be received 14 days after invoice date. Interest will be payable on all amounts after that date at 4% per annum over Bank Minimum Lending Rate, to be charged monthly. And the advertiser shall reimburse the publisher for all costs and expenses (including legal costs) incurred in the collection of any overdue amount.
All gross advertisement rates are subject to the current Advertising Standards Board of Finance surcharge payable by the Advertisers. When orders are placed by Advertising Agents the Agency will be responsible for collecting this surcharge and paying it to the advertising Standards Board of Finance.
Charges will be made to the Advertiser or his Agent where the Publisher, Printers or Colour Reproducers are involved in extra production work owing to acts or defaults of the Advertiser or his Agent. These charges will be passed onto the Advertiser in respect of the publication. Complaints regarding reproduction of advertisements must be received in writing within one calendar month of the cover date, addressed to The Production Director.
Where the Advertiser has undertaken to supply inserts which have been accepted and approved by the Publisher the Publisher reserves the right to change the rate agreed if they fail to arrive at the agreed time and place for insertion. No obligation shall rest on the Publisher to include the precise number of inserts in a specific publication date, region or position.
Where the Publisher provides a Reader Enquiry Service for the benefit of his readers, he shall not be contractually bound to pass such enquiries to the Advertiser.
Cancellation or suspension of an insertion must be made in writing to the appropriate individual publication(s). Periods for the acceptance of cancellations or suspensions vary in accordance with the differing production requirements, but are always subject to a minimum of six weeks prior to stated copy date. No advertisement can be cancelled after the copy date for any reason whatsoever and the Advertiser must pay the full amount of the advertisement.
Copy must be supplied by the Advertiser or his Agent without application from the Publisher. If copy instructions are not received by agreed ‘copy date’ no guarantee can be given that the proofs will be supplied nor corrections and the Publisher reserves the right to repeat the most appropriate copy or treat the booking as a cancellation (Clause 17).
Advertiser’s property, artwork, film etc are held at the owners’ risk and should be insured by them against loss or damage from whatever cause. The Publisher reserves the right to destroy all artwork and film which has been in his custody for six months from the date of its last appearance.
The placing of an order will be deemed to be an acceptance of all the above conditions and shall be an express term of any contract. The order is liable to cancellation unless accepted by the supplier within twenty working days of the order. Acceptance shall be by means of any written acknowledgement or by printing the advert or by delivery of an invoice.
These conditions and all other express terms of the contract shall be governed and constructed in accordance with the Laws of England.