An advertisement is accepted on the understanding that the relationship between the Advertiser and Publisher is governed by the conditions set out below and where specifically detailed on the accompanying Space Order Confirmation form. Unless specifically approved in writing by the Publisher conditions stipulated anywhere else shall be void.
For the purpose of these conditions, "Advertiser" shall refer to the contractual Principal that is the party responsible for payment of charges arising from the publication of an advertisement. Where appropriate "advertisement" includes a loose or bound-in insert and reprint bookings. The Publisher reserves the right to refuse any advertisement submitted for publication.
No guarantee will be given for the insertion of an advertisement in any specified position, except by special arrangement and subject to availability, but wherever possible, advertiser's wishes will be observed.
In the event of any error, misprint or omission in the printing of an advertisement, or part of an advertisement, except where attributable to an act or default by the Advertiser or his agents, the Publisher will either re-insert the advertisement into the next available issue or make a refund of or an adjustment to the cost. No re-insertion, refund 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 (a) the amount of a full refund of any price paid to the Publisher for the advertisement in connection with which the liability arose (however, where inserts are lost or damaged, the Publisher may also be liable for a proportion of the production costs) or (b) the cost of a further or corrective advertisement of a similar type to the advertisement in connection with the liability arose. Any complaint concerning the reproduction of an advertisement must be lodged in writing within two weeks of the publication date.
The Publisher cannot accept liability for any errors due to inaccurate copy instructions. Charges will be made to the Advertiser where the reprographic house and/or printers are involved in extra production work owing to acts or defaults of the Advertiser or his agents. These charges will be in accordance with the published rates current at that date.
Telephone space and email bookings are subject to the same conditions as written orders.
The Advertiser, where an agency, may not recharge a client for space at an increased rate, unless with the Publisher's written consent. Prices quoted are per issue and subject to VAT at the prevailing rate.
Day of Publication is as stated. Closing date for copy, unless specified separately at booking confirmation, is five weeks for both colour and monotone. Copy should consist of digital separations, unless otherwise agreed specifically in writing. If written copy instructions are not received by the agreed copy date, no guarantee can be given that proofs will be supplied or corrections made and the Publisher reserves the right to repeat the appropriate copy. In the event of there being no appropriate copy, then the advertiser will be charged as if the advertisement had been printed.
Accounts are strictly net payable within 30 days of date of invoice unless otherwise stated on the Space Order Confirmation form or invoice. Discounts are only available for 30 days from the date of invoice and are recharged after this period. If payment terms are exceeded and invoices become overdue all outstanding monies become immediately due for payment together with a £100 administrative charge plus any legal costs arising thereafter.
Series contracts not completed by the Advertiser may incur cancellation charges by the Publisher. In the event of such cancellation, the appropriate higher series rate becomes payable. This will also apply where the Publisher has to cancel any series booking due to non-payment of account.
Cancellation or suspension of orders cannot be accepted unless ten clear weeks' notice in writing is given prior to final copy deadline date on which the advertisement was booked to appear.
The Advertiser warrants that the advertisement does not contravene any Act of Parliament, nor is it in any way illegal or defamatory or an infringement of any other party's rights or an infringement of the British Codes of Advertising and Sales Promotion. On the contrary, copy must be legal, decent, honest and truthful. Should it become apparent that this is not the case, the Publisher reserves the right to suspend the advertisement, in which case no claim on the part of the Advertiser for damages or breach of contract shall arise.
The Advertiser will indemnify the Publisher fully in respect of any costs, damages or losses arising directly or indirectly from the publication of an advertisement, where such an advertisement conformed to the copy instruction supplied by the Advertiser. The Publisher will consult with the Advertiser as to the way in which such claims should be handled.
In accepting financial advertisements, the Publisher does so on the understanding that their copy content, authorisation and placing have been processed in accordance with the requirements of the Financial Services Act 1986.
The copyright on artwork/copy contributed to an advertisement by the Publisher shall be vested in the Publisher.
The Advertiser's property and artwork etc. are held at his risk and should be insured by him against loss or damage from whatever cause. The Publisher reserves the right to destroy all artwork that has been in his custody for six months from the date of its last appearance.
Notwithstanding anything in the above which may provide to the contrary, neither the Publisher nor the Advertiser shall be liable to one another 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 party.
These conditions and all other express terms of the contract shall be governed and construed in accordance with the Laws of England.
These terms are in conformity with the "Best Practices Guidelines for Conditions of Acceptance of Advertisements"
Issued by the Periodical Publishers Association Ltd
