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STANDARD CONDITIONS OF ACCEPTANCE FOR PUBLICATION
OF ADVERTISEMENTS ON BEHALF OF ADVERTISERS
Acceptance
1. The advertisement is accepted on the understanding
that the relationship between the Advertiser and
Metropolis Business Publishing (the Publisher)
is governed by the conditions set out below. Unless
specifically approved in writing by the Publisher,
the conditions stipulated on an Advertiser’s order
form or anywhere else shall be void. Conditions
which are contained in order forms other than
those of the Publisher and which do not conform
to, or are in addition to the Publisher’s conditions,
will not be recognised as binding. Special conditions
will be subject to express written agreement by
the Publisher.
2. 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 the advertisement.
Where appropriate, “advertisement” includes a
loose or bound-in insert, e-cards, product cards,
list rental, telemarketing, online sponsorship
and banners.
Rates & Payment
3. Advertisement rates are subject to revision
at any time and individual orders are accepted
on condition that the price binds the Publisher
only in respect of the next issue to go to press.
All gross display advertising rates are subject
to the current Advertising Standards Board of
Finance (ASBOF) surcharge, payable by the Advertiser
in order to fund the system of self-regulatory
control. Advertisement rates are exclusive of
value added tax, which will be added at the prevailing
rate(s) when the advertisement is invoiced unless
the rate is specifically stated to be inclusive
of taxes.
4. The advertiser must pay within 30 days after
the date of the invoice. The publisher reserves
the right (without prejudice to the publisher’s
other rights and remedies) to charge interest
on the past due uncontested amounts at an annual
rate of 5% above the base rate of Bank of Scotland
for the time being in force.
Publisher
5. The Publisher reserves the right to refuse
any information submitted for publication, and
in this respect the Publisher’s decision is final.
All information is accepted subject to the Publisher’s
approval of the copy and to the space being available.
6. The Publisher reserves the right to amend any
copy where necessary. If the Publisher considers
it necessary to modify the space or alter the
date or position of insertion, the Advertiser
will have the right to cancel if such arrangements
are unacceptable, unless such changes are due
to an emergency or circumstances beyond the Publisher’s
control.
7. The Publisher cannot stop orders, cancellation
or transfers unless they are received in writing
within the Publisher’s stated final copy dates.
These are:- · For weekly and twice monthly publications,
at least six weeks’ notice prior to cover date
is required to stop or suspend a monotone insertion.
At least eight weeks’ notice prior to cover date
is required to stop or suspend a colour insertion.
· For all monthly publications, at least 28 days
notice prior to copy close is required to stop
or suspend a colour insertion.
8. The Publisher cannot accept liability for any
errors due to inaccurate copy instructions. Charges
will be made to the Advertiser where the printers
are involved in extra production work owing to
acts or defaults of the Advertiser or its agents.
These charges will be in accordance with publicised
rates current at that date.
9. 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 appropriate copy.
10. Where the Publisher provides a Reader Enquiry
Service for the benefit of its readers, it shall
not be contractually bound to pass such enquiries
to the Client/Advertiser or any other person.
11. The Publisher cannot accept responsibility
for changes in dates of insertion and copy unless
these are confirmed in writing and received by
the Publisher in time for the changes to be made.
The Publisher reserves the right to charge for
any additional expenses involved in effecting
such changes.
Advertisers
12. The Advertiser warrants that no Work: (i)
shall infringe or prejudice the rights of any
third party (including without prejudice to the
generality of the foregoing, intellectual property
rights); (ii) shall be defamatory of any third
party; (iii) shall constitute unfair competition
or any like tort or civil wrong; (iv) shall infringe
any laws, regulations and voluntary codes of conduct
within the countries within which the Work is
to be used; (v) shall infringe the British Code
of Advertising Practice
13. And the Advertiser further undertakes to indemnify
and to keep indemnified Metropolis Business Publishing
against any costs, claims and expenses which result
directly or indirectly from any breach of any
of the above warranties. Errors
14. In the event of any error, misprint or omission
in the printing of the Advertisement, except where
attributable to a default by the Advertiser or
its agents or where covered by Clause 6 above,
the Publisher will make an adjustment to the cost.
No re-insertion, refund or adjustment will be
made where the error, misprint or omission does
not materially detract from the advertisement.
In no circumstances shall the total liability
of the Publisher for any error, misprint or omission
exceed: (a) the amount of a full refund of any
price paid to the Publisher for the advertisement
in connection with which the liability arose,
or (b) the cost of a further or corrective advertisement
of a similar type and standard to the advertisement
in connection with which the liability arose.
Any complaint concerning the reproduction of an
advertisement must be received in writing by the
Advertiser within four weeks of the publication
date.
GENERAL
15. Advertisement copy must be supplied by the
Advertiser or its agent in accordance with the
mechanical data agreed with the Publisher.
16. Copy matter must conform to the Publisher’s
requirements and charges may be made if the Publisher
is involved in any additional work. Thus the cost
of making duplicate films or any necessary reprographic
or origination work on material which is not supplied
in strict accordance with copy requirements, will
be charged to the Advertiser.
17. If it is intended to include a competition
or a special offer within an advertisement, full
details should be submitted at the time of booking.
Competitions and promotions must comply with the
British Code of Sales Promotion Practice.
18. the Advertiser’s property and artwork etc.
are held at its own risk and should be insured
by the Advertiser against loss or damage from
whatever cause. The Publisher reserves the right
to destroy all artwork which has been in its custody
for twelve months from the date of its last appearance.
19. Notwithstanding anything in the above which
may provide to the contrary, neither the Publisher
not the Advertiser shall be liable to one another
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 party.
20. These conditions and all other express terms
of the contract shall be governed and construed
in accordance with the Laws of England.
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