1.1 A verbal order shall be binding on the Advertiser for the period over which their advertisements appear.
1.2 The Publisher reserves the right to cancel the Contract and omit any Advertisements due to be published in the Magazine if: (a) the Copy is not reasonably acceptable to the Publisher, or (b) the Copy is or may be, in the reasonable opinion of the Publisher, obscene, blasphemous, libellous, defamatory, indecent, inaccurate, misleading, inappropriate for the Magazine or in contravention of any applicable laws, rules, regulations, guidance or codes of practice.
1.3 Any booking is subject to our Terms and Conditions which are incorporated by reference and deemed to have been read and understood whether or not they have been and, can be seen on our website or viewed at our offices in Framlingham.
1.4 Today Magazines Ltd., when contracted to produce/help produce a publication on a client’s behalf by – a) selling advertising space; b) organising typesetting and/or print production; c) print costs/payments, are not to be held responsible, in the event that the client should refuse insertion of an advertisement, for whatever reason or, be responsible should the client cease production of their publication.
2.1 Publication of any Advertisement is subject to the Copy being acceptable to the Publisher and sufficient space being available in the Magazine. The Publisher gives no warranty or guarantee that sufficient space will be available.
3. COPY SUPPLY
3.1 It is the responsibility of the Advertiser to supply the Publisher with Copy before the Copy Deadline and the Advertiser acknowledges that time is of the essence. If the Advertisement is omitted from the Magazine due to failure by the Advertiser to deliver suitable Copy before the Copy Deadline, the price remains payable in full.
3.2 If the Advertiser fails to deliver suitable Copy by the Copy Deadline, the Publisher, in its sole discretion, reserves the right not to publish the Advertisement in the magazine or to use copy from a previous issue.
4.1 Cancellations can be accepted only if they are received by the Publisher in writing 5 working days prior to copy date. Cancellations received by the Publisher after that date will have no effect unless otherwise agreed in writing by an authorised representative on behalf of the Publisher. Under no circumstances would less than a minimum of 50% of the cost be acceptable.
4.2 Any Advertiser who cancels part of a series booking will be charged at the rate set out on the Publisherʼs rate card from time to time for each Advertisement published in the Magazine.
5. PAYMENT AND CREDIT
5.1 Unless credit facilities are agreed by the Publisher in writing, the Price is due in full in accordance with the settlement date specified on the invoice.
5.2 If the Advertiser fails to pay any sums due to the Publisher by the due date, the Publisher reserves the right to charge interest on all overdue sums at the rate of 8% per annum above the base rate of HSBC Bank plc from the due date for payment until the date payment is received in full in cash or cleared funds.
6.1 Although every effort is made to avoid errors, should they occur the Advertiser acknowledges and accepts that the Publisher will not be liable to the Advertiser for breach of Contract or in any other manner whatsoever in any of the following circumstances:
6.2 Where the error is due to inaccurate, incomplete or imprecise instructions from the Advertiser, or
6.3 Where the Copy is not supplied until after the Copy Deadline and/or the Publisher has exercised its right under 3.2, or
6.4 Where the error is a typesetting error which has occurred during the free typesetting service offered to the Advertiser, or
6.5 Where the error concerns the colour reproduction of the Advertisement and the Advertiser has failed to supply a colour proof with the Copy in a form which is satisfactory to the Publisher, or
6.6 Where the Publisher has not received a written complaint from the Advertiser within 7 days of the ‘On- Sale Dateʼ (and/or posting of magazine with the invoice).
6.7 If any of the circumstances in paragraph 6.1 – 6.6 arise, the Advertiser remains liable in full for the Price. In addition, should an error occur in an Advertisement which is to be repeated, it is the responsibility of the Advertiser to inform the Publisher in writing of the error within 7 days of the ʻOn-Sale Dateʼ (and/or receiving their copy of the magazine with their invoice). If this is not done, and the Incorrect Advertisement is repeated, the Advertiser remains liable in full for the Price of the repeat Advertisement(s).
6.8 The Publisherʼs maximum liability to the Advertiser pursuant to the Contract (including these Conditions), whether in contract, tort (including negligence), breach of statutory duty or otherwise shall, to the maximum extent permitted by law, be limited to the Price payable by the Advertiser to the Publisher. The Publisher shall not be liable to the Advertiser for any special, indirect or consequential loss including, without limitation, economic loss or any loss of profit, loss of revenue, loss of contracts, loss of business, loss of
goodwill, loss of reputation or like loss.
6.9 Failing agreement between the parties, the basis on which any compensation shall be calculated, is that of a percentage refund of the Price equal to the percentage loss of response which can reasonably be attributed to an error of the Publisher.
7. CONFLICT AND JURISDICTION
7.1 The Contract shall be governed by these Conditions, which represent the entire agreement between the parties in relation to the subject matter and supersede all prior agreements and understandings between the parties. In the event of any conflict between these Conditions and those incorporated in any form of offer or other correspondence or documentation submitted by the Advertiser, these Conditions shall take precedence.
7.2 The Contract shall be governed by the laws of England and each party submits to the exclusive jurisdiction of the English Courts save that the Publisher reserves the right to take action against the Advertiser in any other jurisdiction.