ESSENTIAL GUIDE MAGAZINE TRADING STYLE OF HAWK PUBLICATIONS LTD (“THE PUBLISHER”) TERMS & CONDITIONS OF ADVERTISING
Terms and conditions for magazine advertising/readership
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.
1. General terms
Advertisements are accepted upon the understanding that the Advertiser and/or their agencies are authorised to book the advertising and on the understanding that the relationship between the Advertiser and the Publisher is governed by the conditions set out below.
1.1 All contents of advertisements are subject to publisher’s approval. The Publisher reserves the right to cancel advertisements, insertion orders, space reservations or position commitment at any time.
1.2 The positioning of advertisements is at the discretion of the publisher, except where a specifically requested preferred placement has been agreed in writing. The Publisher’s inability or failure to comply with any positioning request shall not relieve the Advertiser of the obligation to pay for the advertising.
1.3 The Publisher may decline to publish or to omit, suspend or change the position of any Advertisement otherwise accepted for insertion in its sole discretion. However, the Publisher will use its best endeavours to comply with the wishes of the Advertiser.
1.4 The Publisher may in its sole discretion reject or cancel any Advertisement at any time or may amend or require to be amended the Advertisement.
1.5 The Advertiser warrants that the advertisement complies with all applicable laws, rules and regulations and any industry codes or rules (by which the Advertiser or the Publisher may be bound) that are in force at the time the Advertisement is to be inserted, and does not contravene any Act of Parliament, copyright or trademark, 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, or render the Company liable to any claims or proceedings whatsoever. On the contrary, copy must be legal, decent, honest and truthful, and comply with the British Code of Advertising Practice and all other relevant codes under the general supervision of the Advertising Standards Authority. 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.
1.6 The Advertiser shall indemnify the Publisher against any claim, cost, loss, damage and/or expense that the Publisher may incur as a direct or indirect consequence of the Publisher publishing the Advertisement in accordance with the instructions of the Advertiser.
1.7 The publisher is not liable for delay in delivery and/or non-delivery in the event of an act of God, action of government entity, fire, flood, insurrection, riot, explosion, embargo, strikes either legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown or any condition beyond the control of the publisher affecting production or delivery in any manner.
1.8 The Advertiser will indemnify and save the Publisher harmless from and against any loss or expense arising out of publication from such advertisements, including, without limitation, those resulting from claims or suite for libel, violations or rights of privacy, plagiarism and copyright infringement.
1.9 Conditions are subject to change without notice.
2. Advertisement content
2.1 It is the responsibility of the Advertiser to check that the Advertisement Copy is correct. The Publisher accepts no liability for any error in the Advertisement, or in the case of multiple Advertisements the repetition of an error unless notified to the Company immediately at the point at which the error occurs.
2.2 Any advert designed by the Publisher is the property of Hawk Publications Ltd.
2.3 The Advertiser warrants that:
2.3.1 In respect of any Advertisement submitted which contains the name or pictorial representation (photographic or otherwise) of any living person and / or any part of any living person and / or copy by which any living person is or can be identified, the Advertiser has obtained any authority of such living person to make use of such name, representation and / or copy.
2.3.2 The Advertisement submitted is not obscene or libellous.
2.3.3 The Advertiser agrees to indemnify the Company and keep it indemnified against all claims, costs, proceedings, demands, losses, damages or expenses whatsoever arising directly or indirectly as a result of any breach or non-performance of any of the representations, warranties or other terms herein contained or implied by law.
3. Advertisement Rates
3.1 Advertisement rates are subject to revision at any time and orders are accepted on condition that the price binds the Publisher only in respect of the next issue to go to press. In the event of a rate increase, the Advertiser will have the option to cancel the order without surcharge or continue the order at the revised advertisement rates.
3.2 The Publisher’s standard rates for Advertising are subject to revision at any time giving 30 days written notice.
3.3 Series and discounted rates only apply if agreed in writing and are subject to these terms and conditions. If the Advertiser cancels the balance of a contract they relinquish any right to the series discount to which he was previously entitled and advertisements already published must be paid for at the appropriate rate.
3.4 Bookings must be paid for at the time of invoice unless alternative arrangements have been confirmed in writing. The Publisher reserves the right to pass overdue accounts to a third party for collection and to recover the collection costs from the Advertiser. The Publisher reserves the right to charge compensation and interest at the current rate on late payments (in accordance with Late Payments of Commercial Debts Act 2002).
3.5 Basic pre-press and make-ready services, including a small number of text changes, are free of charge when the advert is used solely in any edition of the Essential Guide Magazine. Additional charges will be made for advert design or significant changes to supplied artwork, which takes more than fifteen minutes plus other unusual production requests. Changes, alterations or corrections cannot be accepted after the copy deadline.
3.6 A design fee of £25.00 + VAT will be charged if the artwork is to be used in any other printed publication or online.
3.7 The Publisher shall not be liable for any cost or damages if for any reason the advertisement is not published.
3.8 The Publisher assumes no responsibility for error, omissions or consequences of reliance on the Essential Guide magazines or the Essential Guide Magazine website.
3.9 Any advert that has been published in the magazine with a fault, not on the proof, will be reprinted correctly in the following issue. No money will be refunded.
3.10 The Publisher proofs all adverts to Advertisers; any advert signed off from the proof that is subsequently found to have a mistake will not be refunded or reprinted. Any outstanding costs will still be required to be paid. It is the responsibility of the Advertiser to check all proofs fully.
3.11 No material from the magazine or website is to be reproduced without the written consent of Essential Guide Magazine.
3.12 The Publisher is not liable for delay in production and/or distribution in the event of an act of God, action of government entity, fire, flood, insurrection, riot, explosion, embargo, strikes either legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown or any condition beyond the control of the Publisher affecting production or delivery in any manner.
3.13 Any complaint concerning the reproduction of an advertisement must be lodged in writing within three weeks of the publication date. In the event of any error, misprint or omission in the printing of an advertisement in no circumstances shall the total liability of the Publisher exceed (a) the amount of a full refund of any price paid to the Publisher for the advertisement in connection with which the error occurred or (b) the cost of a further or corrective advertisement of a similar type to the advertisement in connection with which the error occurred.
3.14 Telephone bookings are subject to the same conditions as written orders. Nevertheless, the Advertiser is required to issue written or email confirmation of a booking as far in advance of the publication date as possible and certainly within seven days of making the booking.
3.15 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 most recent copy.
3.16 The copyright on artwork/copy contributed to an advertisement by the Publisher shall be vested in the Publisher.
3.17 No variation of these terms and conditions shall be binding unless specifically agreed in writing by the Publisher.
4. Cancellation And Refund Policy
4.1 Once a booking has been made this forms an agreement between the magazine and the advertiser that the advert will be placed, therefore the Publisher will block off that space for other bookings and also dedicate time to design of the advert; as a result the Publisher does not offer refunds on cancellations.
4.2 All cancellations and changes must be confirmed in writing and can only be accepted before the booking deadline (1st of month prior to insert month).
4.3 Advertisements cancelled after the booking deadline has passed must still be paid for in full for the following issue, no charge will be made for future issues. If artwork has been created by the Publisher this must be paid for in full at the current rate even if the advertisement is subsequently cancelled.
4.4 On multiple months’ bookings, adverts can be deferred to later issues. We must receive this request by email, and the advertiser must ensure that they receive a response from the magazines confirming this request.
Any complaint, claim or query (whether in relation to the Advertisement or an invoice) must be raised within seven days following the date on which the event giving rise to the complaint or query first arose. No complaint, claim or query shall affect the liability of the Advertiser for payment by the due time of the Publisher’s charges for that and all other Advertisements.
6. Indemnity and Liability
6.1 The Publisher shall not be liable for any indirect or consequential loss (including without limitation, business interruption and loss of profits, business, goodwill, anticipated savings, information and data) whether arising out of negligence, breach of contract or otherwise and whether or not the party was advised of the possibility of such loss by the other.
6.2 In no circumstances shall the total liability of the Publisher for any error or omission exceed the charge for the Advertisement in question.
6.3 The Publisher will not be liable for any loss of copy, artwork, photographs or other materials.
The copyright in all artwork, copy and other material which the Publisher or its employees or contractors has originated or reworked shall vest in the Publisher.
8.1 The publisher shall have the right to hold any advertiser and/or its advertising agency jointly and severally liable for money due and payable to the publisher for advertising that the advertiser or its agency ordered and that was published.
8.2 Accounts must be paid on the terms indicated on the invoice. Interest will be charged monthly on overdue accounts at the published current rate on any sum not paid in full by the due date.
8.3 Any / All overdue accounts will be subject to the Late Payment of Commercial Debts Regulations 2002 (SI 2002 No 1674).
8.4 Any / All overdue accounts will be subject to debt collection. And any / all associated costs will be borne by the advertiser including, but not limited to, debt collection agency fees, bailiff fees, solicitors fees and such like as may be levied by any / all third party debt collection agencies/solicitors appointed to recover said debt(s).