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Advertising - Terms and Conditions
Terms and Conditions
For the purpose of these conditions:
- the publication date is the second Friday of the month on the cover
- The copy date is 28 days preceding the publication date
- The cancellation date is 28 days preceding the copy date.
The Publisher reserves the right to omit or suspend an advertisement at any time (a) for good reason or (b) if at the time of booking the advertisement the Advertiser has not disclosed the identity of its client and of the product or services which are to be the subject matter of the advertisement in which case no claim on the part of any Advertiser for damages or breach of contract shall rise.
The Advertiser warrants that the advertisement does not contravene any Act of Parliament nor is it on any way illegal or defamatory or an infringement of any other party’s rights or an infringement of the British Code of Advertising Practice.
If it is intended to include in an advertisement a competition or a special offer of merchandise other than that normally associated with the advertised product, full details must be submitted at the time of booking.
The Publisher shall not be liable for any loss, loss of profit, damage or expense whatsoever arising directly or indirectly out of late publication of or failure to publish an advertisement provided that such delay or failure is caused either by circumstances beyond the reasonable control of the Publisher or by reason of delay on the part of the Advertiser.
In the event that any proof copy is submitted to the Advertiser the Publisher shall not be liable to the Advertiser for any loss, damage or expense whatsoever arising out of any error in any advertisement published provided that such error was contained in the proof submitted and was not corrected by the Advertiser.
The Advertiser shall indemnify the Publisher against any damage and/or loss and/or expense and/or liability whatsoever which the Publisher may incur as a direct or indirect consequence of the Advertiser’s announcement
Unless otherwise stated all advertisement rates and other charges are exclusive of Value Added Tax and shall be subject to Value Added Tax at the standard rate from time to time in force.
The Publisher reserves the right to increase advertisement rates at any time or to amend the terms of contract as regards space or frequency of insertion. In such event the Advertiser has the option of cancelling the balance of the contract without surcharge.
The Publisher reserves the right to refuse stop orders, cancellations or transfers unless they are received by the cancellation date. A stop order, cancellation or transfer shall only be binding on the Publisher if made in writing and acknowledged in writing by the Publisher.
Any dispute raised in connection with advertisements must be forwarded to the Publisher in writing within 14 days of the invoice date shown. If no such written complaint is received, no complaint received thereafter will be considered.
Applications made for jobs advertised on questonline are also sent to BOSS, unless the applicant ticks the box expressly requesting that this should not happen. BOSS reserves the right to use all details from these applications and CV’s for it’s own purposes.
If the Advertiser cancels the balance of a contract except in circumstances stated in paragraph 10 all unearned series discount will be surcharged. The Publisher reserves the right to surcharge in the event of insertions not being completed within the contractual period.
Where the advertiser has undertaken to supply inserts which have been accepted and approved buy the Publisher, the Publisher reserves the right to charge the rate agreed if they fail to arrive at the agreed time and place for insertion.
Credit accounts are strictly net and must be settled within 30 days of receipt of invoice. If an account is overdue and without prejudice to any other right which it may have the Publisher reserves the right to suspend insertions.
Without prejudice to any other right which the Publisher may have, failure to pay accounts in accordance with these terms and conditions may:
- Make Advertising Agencies liable to the following reductions in any commission otherwise allowed to agencies:
- 3% on the gross rate where the sum owing has not been paid on the due date
- A further 5%, making a total of 8% on the gross rate where the sum owing remains unpaid 30 days or more after the due date
- for all other accounts entitle the Publisher to charge interest (on unpaid balances) at a rate of 8% above the published bank base rate from time to time in force, this being the rate allowed under European Union Legislation.
Under European Legislation the Advertiser will pay the Publisher all expenses it may incur in collecting arrears on overdue accounts whether or not proceedings are taken and whatever the outcome of those proceedings, these sums may include any or all of the following: County Court Summons Fees, Judgement and Bailiffs costs, Solicitors costs, Agents instruction and commission fees.
- Copy must be supplied by the copy date without further application or reminder by the Publisher
- In the event that copy instructions are not received by the Publisher by the copy date the Publisher shall be entitled (but not obliged) to repeat the copy last used and shall have no liability whatsoever to the Advertiser in the event that any information contained in such copy is out of date.
- If the Publisher elects to use copy received later than the copy date the Publisher shall have no liability whatsoever in respect of any error contained therein.
Provided copy is received by the copy date except in the case of repeat advertisements the Publisher will provide two proofs if it is practicable to do so.
the Advertiser shall be responsible for the insurance of all artwork, film and other advertisement material delivered by him to the Publisher and the Publisher cannot accept liability fort any loss or damage thereto.
The Publisher reserves the right to destroy all artwork and other materials which have been in his (or his printer’s) custody for 12 months provided always that the Advertiser or his agent has not given instructions to the contrary. The Publisher may exercise this right without giving further notice to the Advertiser.
The Advertiser undertakes that any description given to goods and/or services and any fact stated in the advertisement will be accurate and that the publication of the advertisement will not be an offence under the Trade Descriptions Act, the Fair Trading Act, the consumer Credit Act, any instrument or order issued thereunder or any statutory modification or re-enactment thereof.
The Advertiser undertakes that for the purposes of the Sex Discrimination Act and the Race Relations Act the acts, services or arrangements advertised and the publication of the advertisement placed will not be unlawful.
Advertisement contracts shall be governed by and construed in accordance with the Laws of England. The Advertiser and the Publisher submit to the jurisdiction of the English Courts.
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