Terms and conditions of acceptance of advertisements for The Ultimate Guide Company
All advertisements (which term shall include inserts) at the instance of an advertising agency or any other person, partnership or company (“the Advertiser”) which expression shall include its successors, assignees, executors and personal representatives as the case may be) are published and accepted by SPG or UGC (“the Proprietors” which expression shall include its successors, assignees or agents) subject to the following terms and conditions:
1. The Proprietors will endeavour to publish advertisements on the date(s) specified by the Advertiser but reserve the right to omit or suspend or hold over publication of any advertisement, notice or order or any part thereof without notice and to publish any advertisements so omitted or held over in a subsequent issue of the Title, The Proprietors will endeavor to give notice to the Advertiser where reasonably possible.
2. Every reasonable effort will be made to meet the Advertiser’s requirements, including the publication of advertisements in single, two or full colour where specified, but the Proprietors have and accept no liability whatsoever (beyond the price for any advertising) for any loss or expense or damage including loss of revenue or profit occasioned to or sustained by the Advertiser or any third party by the non-insertion of any advertisement or by any errors or omissions or inaccuracies or delays in the printing or publishing of any advertisement whether as a result of negligence on the part of the Proprietors or otherwise.
3.The Proprietors reserve the right to alter any advertisement if necessary without consulting the Advertiser in order that such advertisement might conform to the Proprietors’ standards of decency, taste and other relevant matters laid down in any relevant code of practice, the Proprietors’ current self imposed standards or any other mandatory rules applicable.
4. All position stipulations appearing on orders will be treated as requests. The proprietor will endeavour to publish advertisements in the required position, but it is only guaranteed when art additional ‘special position’ surcharge is applied and it is confirmed in writing by the proprietor.
5. Where an Advertiser has supplied their own complete artwork, this may be subsequently changed, but an Advertiser’s previous advertisement will be repeated if new copy is not received before the copy deadline. Where the Proprietor’s undertake a copysetting service on behalf of the Advertiser, it is the Advertiser’s responsibility to ensure that copy is examined for errors before submission.
6. The Advertiser is responsible for checking that the first insertion in a series of advertisements is published in accordance with the Advertiser’s wishes. The Proprietor shall not be liable for any inaccuracies published in any subsequent issues.
7. Advertiser’s materials are held at the Advertiser’s risk and should be insured by the Advertiser against theft, fire and other loss and damage. The Proprietors shall not be held responsible for advertiser’s materials which remain unclaimed after six months from the last date of publication of the advertisement.
8. The Proprietors are not obliged to stop or cancel any advertisement or website listing unless they receive verbal notice to do so which notice is to be followed by notice in writing, the said verbal and written notice to be received by them no less than 42 days before copy deadline date for each publication. Any cancellation received less than 42 days prior to the published copy deadline will not be actioned and will result in the Advertiser being required to pay for any advertising or website listing booked which falls within the 42 day period. In the event that an Advertiser wishes to cancel a ‘continuous run’ or an ‘auto-renewal’ advertisement or website rub, the minimum cancellation period is 90 days.
9. All Advertisers must pre-pay unless credit has been approved. The maximum credit term will be 30 days from date of invoice, Where credit terms have been agreed payment must be made in full by the invoice due date. Failure to pay in accordance with this clause shall entitle the Proprietor without prejudice to any other rights to terminate the contract immediately in respect of future advertising and to charge interest at the rate of 8% per month above the Bank of England base rate on amounts outstanding together with compensation for debt recovery costs pursuant to the provisions of The Late of Commercial Debts (interest) Act 1998 and as amended and supplemented by The Late Payment of Commercial Debts Regulations 2002.
10. All advertisements must not contravene the provisions of any applicable law including without limitation the Trades Description Act, the Fair Trading Act, the Consumer Credit Act, the Race Relations Act, the Sex Discrimination Act or the Business Advertisements (Disclosure) Order and must comply with the British Code(s) of Advertising Practice as any of the same may be amended or re-enacted from time to time.
11. The Advertiser will free and relieve and indemnify the Proprietors of and against any claim or awards whatsoever made against the Proprietors in connection with the publication of any advertisement placed by the Advertiser including any costs or expenses (including legal and judicial expenses) incurred by or on behalf of the Proprietors in connection with such claim or awards.
12. Where the Proprietor has (without making an additional charge to the Advertiser for doing so) prepared or arranged for the preparation of artwork, drawings, sketches, photographs and/or text the Advertiser hereby grants to the Proprietor all intellectual property rights in such artwork, drawings, sketches, photographs and/or text and these shall at all times remain the Proprietor’s property. No licence is granted to the Advertiser or any other person in respect of these intellectual property rights. The Advertiser undertakes not to reproduce or authorise any other person to reproduce the said artwork, drawings, sketches, photographs and/or text without the written consent of the Proprietor.
13. Digital material must be accompanied by an exact print standard colour proof. The Proprietor cannot accept responsibility for digital files without proofs. All file elements must be present and in the correct format. Further details will be supplied upon request.
14. Where inserts are supplied by an Advertiser which do not comply with the original specification, the Proprietor may reject the inserts or invoice the Advertiser for any additional costs incurred by the Proprietor.
15. In the event that an Advertiser who has received a discount from the published ratecard (in consideration of having entered into a contract with the Proprietors to place a series of advertisements in the Title) fails to honour the contracted number of advertisements in the series the Proprietors reserve the right to invoice the Advertiser for the amount of any discounts from ratecard previously received to be payable on demand.
16. The Proprietors reserve the right from time to time to alter these Conditions. The Proprietors shall endeavour to give notice to any Advertisers likely to be affected thereby.
17. Should any court, competent tribunal or authority find any of these conditions unenforceable for any reason, the remaining provisions shall be enforceable. Should any other exclusion or limitation of the liability of the Proprietors contained herein be found by any such court to be unenforceable, the Proprietors’ liability in respect of any breach hereof giving rise to damage (other than personal injury or death) shall be limited to the charges to be levied for the placing of the advertisement in question.
18. In the case of any advertisement placed by an advertising agency, the advertiser and the said agency shall be a party to the contract in respect of the insertion of such advertisement and shall be jointly and severally liable to the Publisher in respect of all matters arising under the contract. The said advertising agency shall be responsible for making the Advertisers aware of such liability and shall be deemed in all circumstances to be the agent of the Advertiser.
19. No liability will exist for final colour produced outside of PIRA standards where this has been caused by artwork supplied incorrectly or not in accordance with published parameters.
20. Each of the foregoing conditions shall be separate and severable.
21. These Terms and Conditions and any agreement to which they apply shall be subject to the Laws of England and the exclusive jurisdiction of the English Courts but the Proprietors are entitled. At their sole discretion, to take action in any other competent jurisdiction.
22. The placing of any advertisement by the Advertiser constitutes acceptance of all of the above terms and conditions
First Time Buyer Magazine