1.The term ADVERTISER, as used in these conditions, means the party who books the space in the publication and is responsible for payment.
2.The term PUBLISHER, as used in these conditions, means the PUBLISHER of a publication.
3.The term publication used in these conditions means the annual, journal, newspaper or other periodicals for which the order was placed.
- These conditions shall apply to all advertisements appearing in or distributed with a publication and any supplementary or ancillary publication produced by the PUBLISHER. Where specific conditions apply either to display or classified advertisements this will be stated.
- All advertisements must comply with the British Code of Advertising Practice.
- All advertisements published by the PUBLISHER are deemed to be warranted by the ADVERTISER not to be in contravention of the Trade Descriptions Act 1968, the Sex Discrimination Act 1978 and 1986 or the Race Relations Act 1976 (together referred to as ‘the legislation’). In any event the ADVERTISER hereby agrees to indemnify the PUBLISHER against any claim, damage or expenses arising from any claim under the legislation in respect of any advertisement inserted in space booked by the ADVERTISER.
- The copyright in all advertisements shall belong to the ADVERTISER or alternatively shall be the subject of a licence in favour of the ADVERTISER and the ADVERTISER hereby indemnifies the PUBLISHER against any claim, damage or expenses arising from any claim for breach of copyright in respect of any advertisement inserted in space booked by the ADVERTISER.
- The PUBLISHER reserves the right to refuse, amend or withdraw advertisements without notice.
- The PUBLISHER shall not be liable for any loss or damage consequential or otherwise occasioned by error, late publication or the failure of an advertisement to appear from any cause whatsoever unless: (a) resulting from the PUBLISHER’S negligence (as defined in Section 1 of the Unfair Contract Terms Act, 1977) such error, late publication or the failure of an advertisement to appear shall cause death or personal injury, or (b) the circumstances giving rise to such loss or damage are such that the exclusion of responsibility for such loss or damage does not satisfy the requirement of reasonableness imposed by the Unfair Contract Terms Act, 1977, save as aforesaid the ADVERTISER will indemnify the PUBLISHER against any damage and/or expense which the PUBLISHER may incur as a direct or indirect consequence of the ADVERTISER’S announcement.
- Notwithstanding anything in these conditions to the contrary neither the PUBLISHER nor the ADVERTISER shall be liable to each other for any loss or damage consequential or otherwise caused by or arising out of any Act of Parliament, Order in Council, Act of State, strike of employees, lock-out, trade dispute, enemy action, rioting, civil commotion, fire, force majeure, Act of God or other similar contingency beyond the control of either of them.
- Without prejudice to the generality hereof these Conditions shall be read and construed in accordance with the provisions of the Unfair Contract Terms Act, 1977.
- In no circumstances does the placing of an order confer the right to renew on similar terms.
- Advertisements shall be placed in accordance with the advertisement rates in force at the time the order is placed and it shall be the responsibility of the ADVERTISER to ensure that she/he is appraised of the rates in force at the time. The advertisement rates as quoted are net of any tax which may be chargeable and which will be added to the price to be paid by the ADVERTISER. (These prices are non-negotiable.)
- The PUBLISHER reserves the right to increase the advertisement rates at any time or to amend the terms of contract as regards space or frequency of insertion. In such event the ADVERTISER has the option of cancelling the balance of the contract without surcharge. If the ADVERTISER cancels the balance of a contract except in the circumstances of an increase in advertisement rates all unearned series discount will be surcharged.
- The PUBLISHER reserves the right to surcharge in the event of insertions not being completed within the contractual period.
- The PUBLISHER reserves the right to refuse stop-orders, cancellations or transfers once the order form has been signed.
- The PUBLISHER may where necessary stipulate special charges and conditions for split runs, or other special requirements.
- When the ADVERTISER has undertaken to supply inserts which have been accepted and approved by the PUBLISHER, the PUBLISHER reserves the right to charge the rate agreed if they fail to arrive at the agreed time and place for insertion. Furthermore unless the ADVERTISER has agreed to pay any excess postage the PUBLISHER reserves the right to withdraw the insert in the event of a higher postage rate being applied. When the PUBLISHER does refuse to accept inserts the cost incurred in producing inserts shall be borne by the ADVERTISER.
- Copy must be supplied without application from the PUBLISHER. In the event of the copy instructions not being received by the copy date the PUBLISHER reserves the right to repeat the copy last issued.
- The PUBLISHER cannot accept responsibility for changes in dates of insertion and copy unless these are confirmed in writing in time for the changes to be made. The PUBLISHER reserves the right to charge for any additional expense involved in such changes.
- Where the PUBLISHER does not provide proofs, every care will be taken during typesetting but the PUBLISHER accepts no liability for errors although a refund or rerun of the Advertiser’s advertisement will be offered.
- The PUBLISHER will provide the ADVERTISER with a free copy of the publication, which contains each display advertisement.
- The ADVERTISER shall be responsible for the insurance of all blocks, artwork and other advertisement material delivered to the PUBLISHER and the PUBLISHER cannot accept any liability for any loss or damage. After 12 months the PUBLISHER reserves the right to dispose of colour blocks and after six months to dispose of monotone, with or without prior notification to the ADVERTISER, or agent.
- Where the PUBLISHER provides a Reader Enquiry Service for the benefit of readers the PUBLISHER shall not be contractually bound to pass such enquiries to the ADVERTISER.
- A credit account is only established subject to the PUBLISHER’S credit terms. Credit references may be requested and a credit rating agency may be contacted. The PUBLISHER reserves the right to reduce a credit limit or cancel a credit account at anytime. Any credit account established for an ADVERTISER is strictly net of any tax to be paid and must be settled within 14 days of the order being placed or of publication, whichever is the later. If an account is overdue the PUBLISHER reserves the right to suspend insertions without prior notice to the ADVERTISER, and also to charge interest on the outstanding balance at the rate of 2.5% per month or part of a month for which an account is overdue.
- Failure by advertising agents to pay accounts in accordance with our terms and conditions will make them liable to the following reductions in any commission otherwise allowed to agencies: (a) 3% on the gross rate where the sum owing has not been paid on the due date; (b) A further 2%, making a total of 5%, on the gross rate, where the sum owing remains unpaid one month or more after the due date.
- Complaints regarding reproduction of advertisements must be received in writing within one calendar month of the cover date.
- Disputes regarding invoices must be received in writing within 10 days from the invoice date