1. PAYMENT TERMS
(a) Payment is due strictly 30 days from date of invoice
(b) The Company reserves the right to make deliveries/and or services
by instalments and to render a separate invoice in respect of each such
instalment.
(c) If the Company exercises its right to make deliveries/and or services
in accordance with sub-paragraph (b) above, then any delay in the
provision of such deliveries/and or services, or failure to deliver any
further instalment or instalments, shall not entitle the Buyer to reject the
Contract or the delivery/service of any other instalment or to withhold
payment in respect of any instalment previously delivered/serviced.
(d) Any invoice outstanding beyond agreed terms will be referred to
our debt collection agent and will be subject to a surcharge of 15% plus
VAT to cover the collection costs incurred.This surcharge together with
all other charges and legal fees incurred will be the responsibility of the
customer and will be legally enforceable.
(e) The exercise of a query on any individual items in an account shall
not affect the due date of payment of the balance of the account.
2. PRICES
Prices are subject to a variation without notice and whilst the Publishers
will endeavour to maintain quoted rates of 6 weeks for ordered
advertisements, they reserve the absolute right to increase prices
between acceptance of the order and publication without reference to
the advertiser/advertising agency.
3. (a) Advertising copy shall be legal, decent, honest and truthful; shall
comply with the British code of Advertising Practice and all other codes
of the Advertising Standards Authority; and shall comply with the
requirement of current legislation
(b) Submission of an advertisement is deemed to imply that the copy
complies with the requirements of the Trade Description Act 1968, and
the advertiser will indemnify the Publisher in respect of any claim or
liability resulting from a breach of the Act.
(c) Advertisers are required to ensure that their advertisements comply
with the Sex Discrimination Act 1975, and will indemnify the Publishers
in respect of all liability of claim resulting from any breach of the Act.
Where any advertisement implies an intention to discrimination on the
grounds of sex, then the copy must be accompanied by a signed written
statement as to which exemption is being claimed.The Publishers reserve
the right to alter or reject any copy not accompanied by such statement.
(d) Advertisers are required to ensure that their advertisements comply
with the Business Disclosure Orders or Regulations made relating to, or
affecting, the publication of advertisements, and will indemnify the
Publisher in respect of any liability or claim arising from any breach.
(e) The Publisher reserves copyright to any graphic image published in
any of its publications. Photographic or other reproduction of such an
image is expressly forbidden irrespective of who holds the copyright to
the original work.The copyright for all purposes in all artwork, copy and
other material which the Publisher or his employees have contributed to
or reworked shall vest in the Publisher.
4. The placing of an order by an advertiser, or an advertising agency on
behalf of a client, constitutes an assurance that all necessary authorities
and permissions have been secured in respect of the use in
advertisement(s) of pictorial representations of (or purporting to be of)
living persons and of references to words attributed to living persons.
5. The advertiser and/or advertising agency agrees to indemnify the
Publisher in respect of all costs, damages or other charges falling upon
the magazine as a result of legal actions or threatened legal actions
arising from the publication of the advertisement, or any one or more of
a series of advertisements, published in accordance with copy
instructions supplied to the Publisher in pursuance of the advertisers and
of advertising agency’s order. In any case where a claim is made against
the Publisher is used and the advertiser or these Terms, notice in writing
shall be given to the advertiser and or advertising agency of the claim.
6. INSERTION
Whilst every endeavour will be made to comply with requirements of
advertisers, the Publisher does not warrant that any particular
advertisement will appear in a specified issue, or at all.
7. CLASSIFICATION
The Publishers reserve the right to decide the correct classification for
any advertisement.
8. Conditions attached to or contained or referred to in any order
which conflict with these Terms shall be void.
9. Special Requests: Special requests or preference as to position of
Run of Magazine Spaces will not be accepted without further and
separate agreement with the Publishers and then only at dditional rates
as agreed before insertion.
10. RENEWAL
The acceptance of an order does not confer the right to renew on the
same terms. Rates quoted are subject to revision and the right is
reserved to vary terms of any further agreement.
11. QUALITY OF REPRODUCTION
The Publishers will make every endeavour to reproduce and print the
advertisements to as high a quality as possible but can give no guarantee
to the quality whatsoever.
12. CANCELLATION
(a) The Publisher reserves the right to require twenty-eight clear days
notice prior to the deadline of publication of cancellation in respect of
any order or unexpired part of an order.
(b) The Publisher agrees that advertising agencies may cancel any
unexpired part of an order without penalty in the event of death or
failure of the client, but only upon production of acceptable documentary
evidence.
(c) Cancellation of Advertisements in special publications will only be
accepted provided that 28 clear days notice is given prior to the
publication date, or in the case of special positions 40 clear days.
13. The Publishers reserves the right to cancel the order at any time
by giving notice before publication (without any liability whatsoever) but
in the event, the advertiser/advertising agency shall incur no loss of
volume discount (if any applies)
14. ERRORS
In the event of any error, misprint or omission in the printing of an
advertisement or part of an advertisement (not being a matter covered
by Clause 13 of this contract) the Publisher will either reinsert the
advertisement or any relevant part of the advertisement, as the case may
be, or make a reasonable refund or adjustment to the cost. No reinsertion,
refund or adjustment will be made where an error, misprint or
omission does not materially detract from the advertisement of which
the Publisher shall be in the sole arbiter. It is hereby expressly agreed that
the Publisher’s maximum liability in respect of and arising out of any
error, misprint, omission or failure to print shall not exceed:
(a) the amount of a full refund of any price paid to the Publisher for the
advertisement in connection with which the liability arose.
(b) The cost of a further or corrective advertisement of a type and
standard reasonably comparable to that in connection with the liability
arose.
Omissions or wrong advertisements will only be made up with the
agreement of the advertiser/advertising agency.
15. Liability is not accepted by the Publisher for any loss or damage
whatsoever to artwork which will, in any event, be destroyed 6 months
after publications, unless its return is specifically requested in writing at
the time of placing the order.
16. Artwork and/or separations, photographs, discs and CDs will be
returned if requested but no guarantee can be given regarding quality,
damage or marking of such material.
17. ADDITIONAL TERMS APPLICABLE TO ADVERTISING AGENCIES
(a) Commission 10% full agency service.
(b) Advertising Agencies are deemed to be incorporated in these
conditions specifically extended to any personal guarantee given by
request of any unsatisfactory liabilities to the Agency in the event of the
Agency’s liquidation or insolvency. Such guarantee is art of the conditions
of acceptance.
(c) Advertisement orders are issued by an Advertising Agency as a
principal and must be on the Agency’s official order form. (when a copy
instructions not constituting an official order are issued, they shall be
clearly marked at the head “Copy instructions – Not an order”).
(d) Voucher copies, tear sheets or other proof of insertion, as agreed,
are to be supplied to the Agency as soon as possible after publication. |
