In these conditions the terms ‘ADVERTISER’ means the party who books space or places any other order and is responsible for payment. The term ‘MEDIA COMPANY’ means Yandell Publishing Ltd.
DISPLAY ADVERTISEMENTS:
All advertisement orders are subject to acceptance in writing from the MEDIA COMPANY and are subject to the following conditions:
1. The MEDIA COMPANY reserves the right to refuse, amend, withdraw or otherwise deal with all advertisements or other orders submitted to them at their absolute discretion. All advertisements must comply with the British Code of Advertising Practice.
2. The MEDIA COMPANY will not be liable for any loss or damage consequential or otherwise occasioned by error, late publication or transmission or the failure of an advertisement to appear from any cause whatsoever.
3. No guarantee can be given that advertisement orders for special positions will appear as such. The advertisement rate difference between a special and ordinary position will be refunded when it is not possible to meet the position requested.
4. The ADVERTISER will indemnify the MEDIA COMPANY against any damage and/or loss and/or expense which the MEDIA COMPANY may incur as a direct or indirect consequence of the ADVERTISER’S announcement and/or the copy contained in the advertisement.
5. Under no circumstances does the placing of any order confer the right to renew on similar terms.
6. The MEDIA COMPANY reserves the right to increase advertisement rates at ANY TIME or to amend the terms of contract as regards to space or frequency of insertion. In such event the ADVERTISER has the option of cancelling the balance of the contract without surcharge.
7. The MEDIA COMPANY reserves the right to refuse stop orders, cancellations or transfers unless they are received in writing not less than 8 weeks before the date of insertion for black and white advertisements, 12 weeks for colour advertisements and 16 weeks for special positions. Cancellations for website space must be received not less than 6 weeks before the date of insertion. All cancellations must be received in writing and the ADVERTISER’S verbal instructions will not be recognised or binding on the MEDIA COMPANY.
8. Series or volume discounts apply only to orders placed in advance and completed within one calendar year of date of first insertion.
9. If the ADVERTISER cancels the balance of a contract, except in the circumstances stated in paragraph 6, all unearned series or volume discounts will be surcharged. The MEDIA COMPANY reserves the right to surcharge in the event of insertions not being completed within the contractual period.
10. Where the ADVERTISER has undertaken to apply inserts for publications which have been accepted and approved by the MEDIA COMPANY, the MEDIA COMPANY reserves the right to charge the rate agreed if the inserts fail to arrive at the agreed time and place for insertion.
11. Credit accounts are strictly net and must be settled by not later than 28 days from the date of invoice. If an account is overdue the MEDIA COMPANY reserves the right to suspend insertions. Failure to pay accounts in accordance with the stated terms and conditions will result in an interest charge of 4% above Bank of England current base rate being made on all overdue accounts calculated on the gross card rate.
12. When an advertisement is placed by an ADVERTISER through an Agency or Agent, or Representative, should the Agency or other third party representing the ADVERTISER fail to comply with the terms of clause 11 the MEDIA COMPANY is entitled to obtain payment from the ADVERTISER (client) even though the ADVERTISER may have paid the Agency or other third party for the space cost outstanding.
13. Where pre-payment has been agreed between the ADVERTISER and MEDIA COMPANY and a pro-forma invoice issued, in the event of payment not being made by the ADVERTISER on or before the due date and the advertisement is published, the MEDIA COMPANY reserves the right to take immediate legal action to recover the amount due and will be entitled to recover compound interest at 4% over base rate for the overdue period.
14. Should it become necessary to take legal action in order to recover any overdue amount then the whole of any outstanding debt due to the MEDIA COMPANY will become immediately repayable in addition to any interest payable in accordance with the terms of Clause 11.
15. Notwithstanding anything in these conditions providing to the contrary neither the MEDIA COMPANY 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.
16. All advertisements are accepted on the understanding that any descriptions relating to goods and services are true and accurate.
17. Copy must be supplied without an application from the MEDIA COMPANY by the ADVERTISER. In the event of copy instructions not being received by the copy date the MEDIA COMPANY reserves the right to repeat the copy last used, or any copy otherwise available. All copy must meet the MEDIA COMPANY current requirements for advertising materials.
18. The MEDIA COMPANY cannot accept responsibility for changes in dates of insertion and copy unless these are confirmed in writing and in time for the change to be made. The MEDIA COMPANY reserves the right to charge production costs for any additional expense involved in such changes.
19. Copy matter provided must conform to the MEDIA COMPANY current requirements and specification, available upon request. Any additional work involved in producing materials will be charged extra by the MEDIA COMPANY.
20. Proofs of advertisement copy supplied by the ADVERTISER will not be sent by the MEDIA COMPANY unless specifically requested in writing by the ADVERTISER for each insertion.
21. The production of 4-colour advertisements or editorial undertaken on behalf of an ADVERTISER or his agency will be charged extra on all occasions. A proof will be provided for agreement in respect of copy and layout. Once this has been agreed any further corrections not originally made on the proof will be charged extra.
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22. One voucher copy will be provided for each advertisement published, but the MEDIA COMPANY will also provide one tear sheet if required.
23. The MEDIA COMPANY cannot accept any liability for any loss or damage of any materials supplied by the ADVERTISER.
24. The MEDIA COMPANY reserves the right to destroy all artwork, bromides, films computer disks and other materials which have been in his (or his printer’s) custody for two months provided always that the ADVERTISER, or his agent, has not given instructions to the contrary in writing. The MEDIA COMPANY may exercise this right without giving further notice to the ADVERTISER.
25. Upon request, advertising materials may be returned to the ADVERTISER by the MEDIA COMPANY after the month of publication at MEDIA COMPANY discretion. The MEDIA COMPANY will digitally retain the copy originally supplied for a period of up to 3 months, although under no contractual obligation to the ADVERTISER to do so, and will destroy all original materials as detailed in clause 24.
26. The MEDIA COMPANY will only accept front cover advertisements (where applicable) on the clear understanding that copy will be used only for one front cover insertion. Copy will not be repeated for other front cover insertions unless agreed in writing with the MEDIA COMPANY.
SUPPLEMENTARY CONDITIONS COVERING CLASSIFIED ADVERTISEMENTS:
27. Classified advertisements are subject to written confirmation by the MEDIA COMPANY.
28. The MEDIA COMPANY does not guarantee that advertisements will appear in the issue requested. Advertisements held over from one issue will be inserted in the following issue unless prior written instructions to the contrary are received from the ADVERTISer.
29. The MEDIA COMPANY reserves the right to place any advertisement under the most appropriate standard column heading, if the heading requested is non-standard.
30. Unless credit terms are established with the MEDIA COMPANY, terms for classified advertising are strictly pre-paid and must be settled within fourteen days prior to publication date.
SUPPLEMENTARY CONDITIONS:
31. Conditions which are contained in Order Forms other than those of the MEDIA COMPANY and which do not conform to or are in addition to the MEDIA COMPANY’S conditions will not be recognised as binding. Special conditions must be subject to mutual agreement in writing.
32. Any errors contained in a published advertisement or website space must be brought to the attention of the MEDIA COMPANY in writing within 10 days of publication or transmission. The MEDIA COMPANY will not be liable for such mistakes in regard to repeat or series advertisements and the ADVERTISER is wholly liable and must ensure such mistakes are rectified by advising the MEDIA COMPANY accordingly.
33. Editorial content of any Yandell Publishing Ltd., publication, journal or website, has no bearing on paid for advertising space taken by the ADVERTISER. The ADVERTISER undertakes to pay the MEDIA COMPANY in full for contracted advertising space irrespective of the editorial content published within the journal or media in question.
34. All these terms above cover all magazines, newspapers, journals, yearbooks, directories and special issues including websites, and email broadcasts published or transmitted in Great Britain and worldwide by Yandell Publishing Ltd, or Yandell Media Group Ltd.
35. All other items and services invoiced by Yandell Publishing Ltd., which are for other products or services on a non-advertising basis, are subject to the terms above but the word ‘Advertiser’ should be replaced by ‘Customer’.
36. Contract publishing services where Yandell Publishing Ltd., (THE MEDIA COMPANY) produce newsletters or other house journals for the CUSTOMER are subject to 3 months written notice of termination of contract by the CUSTOMER to the MEDIA COMPANY in the case of monthly or weekly production, and 6 months notice in the case of quarterly production.
37. These terms and conditions are to be read with and form part of any other contract or conditions which may be entered into, and supersede all previous terms and conditions.
38. The price of advertising or other goods shall be as stated on the MEDIA COMPANY official acknowledgement of order or other quotations and shall at all times be exclusive of any applicable Value Added Tax (which shall be payable by the ADVERTISER, subject to the receipt of a VAT invoice). EMAIL BROADCASTING:
1. Where an ADVERTISER books an email broadcast a sending out date will be agreed and confirmed in writing by official acknowledgement. An invoice for the broadcast will be sent to the ADVERTISER on the broadcast date agreed, and the PUBLISHER accepts no responsibility for any delay in sending out the broadcast if copy is provided after the specified deadline for receipt of materials.
2. The PUBLISHER accepts no responsibility for any delay in receipt of the broadcast once it has been sent out by the publisher on behalf of the ADVERTISER.
3. Deadline for receipt of copy is 7 clear working days prior to the agreed email broadcast sending out date. Where it has been agreed that the PUBLISHER will create and design the email broadcast on behalf of the ADVERTISER,
copy is required a minimum of 14 clear working days prior to the email broadcast sending out date.
4. Where it has been agreed that the PUBLISHER will create and design the email broadcast on behalf of the ADVERTISER an extra charge will be made and this will be pre-agreed with the ADVERTISER before work commences.
Authors corrections made by the ADVERTISER at proof stage are charged extra.
© COPYRIGHT: Advertisements or illustrations or electronic or computer images, or any other form of advertising or editorial material originated by the MEDIA COMPANY or his employees, agents or representatives, for the ADVERTISER, remains the exclusive copyright of the MEDIA COMPANY, unless specifically confirmed and agreed in writing by the MEDIA COMPANY. |
