In these terms and conditions, “the Advertiser” means the party booking advertising space together with any agent acting on his behalf and “the Publisher” means S&A Publishing or the Publisher at the time of going to press.
These terms and conditions shall apply to all advertisements accepted for publication by the Publisher except insofar as shall be specifically agreed in writing by the Publisher, notwithstanding the Advertiser’s use of a confirmation, purchase order or any other document containing other terms and conditions. The Advertiser shall not be entitled to rely on any representation or warranty, express or implied, which is not contained herein.
All advertisements are accepted subject to the Publisher’s approval of the copy and to the availability of space. Effort will be made to place an advertisement in the section apparently most relevant to, or requested by, the Advertiser, but the Publisher reserves the right to make the final decision as to the position of the Advertisement even if this should mean that it does not appear in a section or position described on an advertising order.
Anything offered, specified, agreed or stated as free is offered ex gratia, and whilst the Publisher will consider the wishes of the Advertiser, the Publisher reserves the final decision whether to include the same and as to its format and wording and shall not be required to obtain the approval thereto of the Advertiser. It has no legal value and will be treated as of nil value in any legal sense.
Taxation, such as VAT will be charged at the rate prevailing at the time of invoicing. Any claim for exemption must be accompanied by documentary evidence supporting the claim.
The Advertiser warrants that the advertisement does not contravene any statute or regulations made thereunder, nor is it in any way defamatory or illegal or an infringement of any other party’s rights, or an infringement of the British Code of Advertising Practice.
The Advertiser will indemnify and keep indemnified the Publisher against any loss, costs and expenses howsoever incurred by the Publisher arising out of the advertisement or in respect of any breach by the Advertiser of these terms and conditions.
The Publisher reserves the right to omit an advertisement at any time in its absolute discretion. The Publisher shall repay to the Advertiser any sums paid to the Publisher in respect of the omitted advertisement but shall not be liable for damages of any kind.
All reasonable care will be taken to avoid mistakes but the Publisher cannot accept liability for any errors due to the acts or defaults of third parties or sub-contractors or inaccurate copy instructions or other acts or defaults beyond its control. The Publisher shall not be liable for any errors in the advertisement unless the proof is returned in ample time for corrections to be made before the publication goes to press.
The Publisher shall have no responsibility if the advertisement is not published on any agreed date. Including delays as a result of strike, lockout, fire, storm, flood, riot, explosion, breakdown of machinery or other event over which the Publisher has no control.
The Publisher does not warrant any particular publication date and may delay or defer as the publisher considers fit. Advertisements are accepted on condition that the price binds the Publisher only in respect of the next issue going to press.
Statements are strictly net payable by the Advertiser without set off or deduction immediately on order.
The advertiser must supply copy/artwork to the Publisher by the copy date. If the copy/artwork is not received by the copy or materials date, the Publisher reserves the right to insert either a previously submitted advertisement (if materials are held) or to create an advertisement using such information as is available to the Publisher at the time. The Publisher also reserves the right not to reproduce an advertisement if materials are not provided. In all such cases the full cost of the advertisement will be due for settlement by the Advertiser. The Publisher may also treat the Advertiser as having cancelled. If the advertisement is received after the copy date and the Publisher elects to place the advertisement no guarantee can be given that proofs will be supplied, corrections made or special or requested positions adhered to even if agreed in writing.
All insertions shall be submitted by the Advertiser by the closing date in proper “mechanical form”. Unless the Publisher receives the advertising in proper “mechanical form” (as per the mechanical data specified) from the Advertiser, or if the Publisher is required to perform additional production work as a result of the Advertiser’s failure to conform to the Publishers requirements, the Publisher reserves the right to make additional charges to the Advertisers for the cost of such production work. The advertiser must request in writing mechanical data if it does not accompany a communication confirming the order. Proofs of advertisements will only be sent on written request.
Advertiser’s property, artwork etc, are held at the Advertiser’s risk and should be insured by them against loss or damage from whatever cause. The Publisher reserves the right to destroy all artwork which has been in its possession for 6 months.
The advertiser warrants that all copy provided and images supplied or taken from the advertiser’s website are owned by the advertiser and/or the copyright for all materials is correctly licenced to the advertiser for the purpose of advertising. The Advertiser fully indemnifies the Publisher should a copyright infringement occur. The Advertiser also gives permission to use any such pictures, images or text in the course of the Publishers business as the Publisher sees fit. For example, but not exclusively, for use in media packs.
Cancellations must be received no later than eight weeks before publication. If the Advertiser or their agents cancels the order within 8 weeks of the publication date the full cost of the advertisement will still apply. Notification of cancellation must be given in writing to the company’s address. No verbal cancellations can be accepted under any circumstances.
All complaints or claims regarding advertisements published must be made in writing within 14 days following the date of publication and sent to the publishers by registered post or recorded delivery. After this time no complaint will be accepted and all monies are due.
In no event shall the liability of the Publisher for any breach of contract or in tort exceed the price agreed with the Advertiser for the advertisement in question. In no event shall the Publisher have any liability, either in contract or in tort, for any consequential loss or damage including loss of profit.
We require payment to terms. Payment must be made on time, in full, and without any deduction, set off or counterclaim. In the event that an account is outstanding, we will refer the matter to our debt collection agents, Daniels Silverman Limited, which will incur costs. Any costs incurred to collect the debt will be added to the debt, plus VAT at the prevailing rate. You agree that you will be legally liable to pay us that surcharge, and that payment of the same can be enforced against you in court. You also agree to pay interest at the relevant reference rate provided for under the Late Payment of Commercial Debts (Interest) Act 1998, which interest is payable both after and before any judgment of the court and continues to accrue.
In the event the Advertiser fails to pay any sums that are due hereunder and in consequence thereof legal action is commenced, the Advertiser agrees to pay all legal fees incurred thereby, in addition to interest & costs pursuant to statute.
Any on line services or pages on web sites promised to clients are subject to provision of correct information by the advertiser and will only be current on the website for the stated time or a maximum of three months unless stated otherwise in writing. The advertiser is responsible for checking the content of web pages on line and no responsibility will be accepted for errors by the publishers if they fail to do this.
The publisher reserves the right to change all aspects of the website and the magazine including design, content, layout and physical shape, size and content as they see fit.
This agreement shall be deemed to have been entered into in England at the Publisher’s place of business and is subject to the application of English Law.