These terms and conditions shall govern every booking and shall constitute a contract between the company and the advertiser and shall apply to all advertisements accepted by the company. Any other conditions including the advertiser’s standard conditions of purchase are expressly excluded, and no variation of any of these terms and conditions shall have any effect unless expressly agreed in writing by the company.
The company reserves the right to refuse, withdraw, omit or otherwise deal with all advertisements at its absolute discretion without any liability to the advertiser thereby arising.
All advertisements are accepted subject to space being available and to the advertising copy supplied by the advertiser being acceptable to the company, in its discretion. The company shall not in any way be liable to the advertiser for any loss suffered by the advertiser due to non‑availability of space or unacceptability of advertising creative and or copy.
A verbal booking shall be a contract governed by these terms and conditions provided that the advertiser has not previously dealt with the company. Under these circumstances a verbal contract with a first time advertiser can be cancelled within 5 days of receipt of a copy of these terms and conditions.
Each booking shall be treated as a separate contract.
The Company reserves the right to determine the position of each advertisement unless a special position at a premium has been agreed in writing by the advertiser and the company.
The advertiser specifically undertakes that the advertisement (a) shall not contravene any English law, or Act of Parliament (b) shall conform with the British Code of Advertising Practice as stated by the Advertising Standards Authority (c) shall be original to the advertiser and shall not be illegal or defamatory or infringe the copyright or other proprietary right of any third party (d) shall be legal, decent, honest and truthful.
The advertiser shall fully indemnify the company against any claim whatsoever (including legal and other costs and expenses incurred in dealing with any claim) arising from the publication of the advertisement.
Advertisement rates are subject to change by the company except where a rate protection guarantee has been agreed in writing by the company with advertiser. In the event of a rate increase the advertiser has the right to cancel without loss of discounts but must give the proper period of notice.
Cancellations will only be accepted by the company if in writing and will only take effect 2 weeks after receipt by the company.
Copy and material
Copy must be supplied by the advertiser without request by the company prior to copy/creative date. In either case the full cost of the advertisement remains payable.
Where a booking is made but the copy does not arrive before the deadline or 2 weeks before printing the full invoice will be due.
Where errors are clearly the fault of the company and where the copy arrived before the copy date, any claim by the advertiser shall be limited to a maximum of the cost of the specific advertisement concerned. Whilst every care is taken to avoid errors the company shall not be liable for errors due to insufficient and inaccurate instructions or circumstances beyond its control.
The company shall not be liable for any loss suffered by or occasioned to any copy and/or artwork and other property of the advertiser which shall be held at the advertiser’s risk and should be insured by the advertiser against loss or damage from whatever cause. The company reserves the right to destroy, without notice, all copy and/or artwork or other property of the advertiser which has been in its custody for six months from the date of its last use.
Complaints about mistakes or poor reproduction must be received in writing by the company not more than 10 days after publication date. Complaints received after shall not be entertained by the company which shall have no liability in respect thereof.
Payment terms are strictly 30 days from the date of invoice.
Failure to settle any invoice within thirty days of the invoice date will render the advertiser liable, at the company’s sole discretion, to lose any discount entitlement and to pay interest on the outstanding invoices at 5.0% per month, accruing daily, above Barclays Bank Plc base rate.
Failure by the advertiser to comply with these terms or any other payment terms agreed in writing with the company shall entitle the company not to publish any advertisement previously accepted.
This contract shall be governed and construed in all respects in accordance with English law and any disputes will be subject to the jurisdiction of the English Courts.