In these conditions the terms ‘ADVERTISER’ means the party who books space or places any other order and is responsible for payment. The term ‘MEDIA COMPANY’ means Yandell Publishing Ltd.
All advertisement orders and any other orders are subject to acceptance in writing from the MEDIA COMPANY, sent out by the MEDIA COMPANY by email, and are subject to the following conditions:
1. The MEDIA COMPANY reserves the right to refuse, amend, withdraw or otherwise deal with all advertisements or other orders submitted to them at their absolute discretion. All advertisements must comply with the British Code of Advertising Practice.
2. The MEDIA COMPANY will not be liable for any loss or damage consequential or otherwise occasioned by error, late publication or transmission or the failure of an advertisement to appear from any cause whatsoever.
3. No guarantee can be given that advertisement orders for special positions will appear as such. Any advertisement rate difference charged between a special and ordinary position will be refunded when it is not possible to meet the position requested and paid for.
4. The ADVERTISER will indemnify the MEDIA COMPANY against any damage and/or loss and/or expense which the MEDIA COMPANY may incur as a direct or indirect consequence of the ADVERTISER’S announcement and/or the copy contained in the advertisement.
5. Under no circumstances does the placing of any order confer the right to renew on similar terms.
6. The MEDIA COMPANY reserves the right to increase advertisement rates at ANY TIME or to amend the terms of contract as regards to space or frequency of insertion. In such event the ADVERTISER has the option of cancelling the balance of the contract without surcharge.
7. The MEDIA COMPANY reserves the right to refuse stop orders, cancellations or transfers unless they are received in writing not less than 12 weeks for standard/colour or mono advertisements and 16 weeks for special positions. Cancellations for website space or email broadcasts must be received not less than 8 weeks before the date of insertion or the sending date. All cancellations must be received in writing and the ADVERTISER’S verbal instructions will not be recognised or binding on the MEDIA COMPANY.
8. Series or volume discounts apply only to orders placed in advance and completed within one calendar year of date of first insertion.
9. If the ADVERTISER cancels the balance of a contract, except in the circumstances stated in paragraph 6, all unearned series or volume discounts will be surcharged to the standard rate card cost. The MEDIA COMPANY reserves the right to surcharge in the event of insertions not being completed within the contractual period.
10. Where the ADVERTISER has undertaken to apply inserts for publications which have been accepted and approved by the MEDIA COMPANY, the MEDIA COMPANY reserves the right to charge the rate agreed if the inserts fail to arrive at the agreed time and place for insertion, or contain more pages, or are a different size to the original order.
11. Credit accounts are strictly net and must be settled by not later than 28 days from the date of invoice. If an account is overdue the MEDIA COMPANY reserves the right to suspend insertions. Failure to pay accounts in accordance with the stated terms and conditions will result in an interest charge of 4% above Bank of England current base rate being made on all overdue accounts calculated on the current gross card rate.
12. When an advertisement is placed by an ADVERTISER through an Agency or Agent, or Representative, should the Agency or other third party representing the ADVERTISER fail to comply with the terms of clause 11 the MEDIA COMPANY is entitled to obtain payment from the ADVERTISER (client) even though the ADVERTISER may have paid the Agency or other third party for the space cost outstanding.
13. Where pre-payment has been agreed between the ADVERTISER and the MEDIA COMPANY and a pro-forma invoice issued, in the event of payment not being made by the ADVERTISER on or before the due date and the advertisement is published, the MEDIA COMPANY reserves the right to take immediate legal action to recover the amount due and will be entitled to recover compound interest at 4% over Bank of England base rate for the overdue period.
14. Should it become necessary to take legal action in order to recover any overdue amount then the whole of any outstanding debt due to the MEDIA COMPANY will become immediately payable in addition to any interest payable in accordance with the terms of Clause 11.
15. Notwithstanding anything in these conditions providing to the contrary neither the MEDIA COMPANY nor the ADVERTISER shall be liable to each other 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 of them.
16. All advertisements are accepted on the understanding that any descriptions relating to goods and services are true and accurate.
17. Copy must be supplied without an application from the MEDIA COMPANY by the ADVERTISER. In the event of copy instructions not being received by the copy date the MEDIA COMPANY reserves the right to repeat the copy last used, or any copy otherwise available. All copy must meet the MEDIA COMPANY current requirements for advertising materials.
18. The MEDIA COMPANY cannot accept responsibility for changes in dates of insertion and copy unless these are confirmed in writing and in time for the change to be made. The MEDIA COMPANY reserves the right to charge production costs for any additional expense involved in such changes.
19. Copy matter provided must conform to the MEDIA COMPANY current requirements and specification, available upon request and available to download at the MEDIA COMPANY’s website. Any additional work involved in producing materials will be charged extra by the MEDIA COMPANY.
20. Proofs of advertisement copy supplied by the ADVERTISER will not be sent by the MEDIA COMPANY unless specifically requested in writing by the ADVERTISER for each insertion.
21. The production of 4-colour advertisements or advertorial content undertaken on behalf of an ADVERTISER or his agency will be charged extra on all occasions. A proof will be provided for agreement in respect of copy and layout. Once this has been agreed any further corrections not originally made on the first proof will be charged extra.
22. One voucher copy will be provided for each advertisement published, but the MEDIA COMPANY will also provide one tear sheet if required.
23. The MEDIA COMPANY cannot accept any liability for any loss or damage of any materials supplied by the ADVERTISER.
24. The MEDIA COMPANY reserves the right to destroy all artwork, computer disks and other materials which have been in his (or his printer’s) custody for four weeks provided always that the ADVERTISER, or his agent, has not given instructions to the contrary in writing. The MEDIA COMPANY may exercise this right without giving further notice to the ADVERTISER.
25. Upon request, advertising materials may be returned to the ADVERTISER by the MEDIA COMPANY after the month of publication at MEDIA COMPANY discretion. The MEDIA COMPANY will digitally retain the copy originally supplied for a period of up to 3 months, although under no contractual obligation to the ADVERTISER to do so, and will destroy all original materials as detailed in clause 24.
26. The MEDIA COMPANY will only accept front cover advertisements (where applicable) on the clear understanding that copy will be used only for one front cover insertion. Copy will not be repeated for other front cover insertions unless agreed in writing with the MEDIA COMPANY.
27. Conditions which are contained in Order Forms other than those of the MEDIA COMPANY and which do not conform to or are in addition to the MEDIA COMPANY’S conditions will not be recognised as binding. Special conditions must be subject to mutual agreement in writing.
28. Any errors contained in a published advertisement or website space must be brought to the attention of the MEDIA COMPANY in writing within 10 days of publication or transmission. The MEDIA COMPANY will not be liable for such mistakes in regard to repeat or series advertisements and the ADVERTISER is wholly liable and must ensure such mistakes are rectified by advising the MEDIA COMPANY accordingly.
29. Editorial content of any Yandell Publishing Ltd., publication, journal or website, or any Directory publication listings, has no bearing on paid for advertising space taken by the ADVERTISER. The ADVERTISER undertakes to pay the MEDIA COMPANY in full for contracted advertising space irrespective of the editorial content or directory listings published within the journal or media in question.
30. All these terms above cover all magazines, newspapers, journals, yearbooks, directories and special issues including websites, and email broadcasts published or transmitted in Great Britain and worldwide by Yandell Publishing Ltd, or Yandell Media Group Ltd.
31. All other items and services invoiced by Yandell Publishing Ltd., which are for other products or services on a non-advertising basis, are subject to the terms above but the word ‘Advertiser’ should be replaced by ‘Customer’.
32. Contract publishing services where Yandell Publishing Ltd., (THE MEDIA COMPANY) produce newsletters or other house journals for the CUSTOMER are subject to 3 months written notice of termination of contract by the CUSTOMER to the MEDIA COMPANYin the case of monthly or weekly production, and 6 months notice in the case of quarterly production.
33. The price of advertising or other goods shall be as stated on the MEDIA COMPANY official acknowledgement of order which is sent to the advertiser by email, or by other quotations and shall at all times be exclusive of any applicable Value Added Tax (which shall be payable by the ADVERTISER, subject to the receipt of a VAT invoice).
34. The MEDIA COMPANY does not guarantee that advertisements will appear in the issue requested. Advertisements held over from one issue will be inserted in the following issue unless prior written instructions to the contrary are received from the ADVERTISER.
35. The MEDIA COMPANY reserves the right to place any classified advertisement under the most appropriate standard column heading, if the heading requested is non-standard.
36. Unless credit terms are established with the MEDIA COMPANY, terms for classified advertising are strictly pre-paid and must be settled within fourteen days prior to publication date.
37. Email Broadcasting: An email broadcasting service is available from the MEDIA COMPANY who will undertake where possible to email the broadcast for the ADVERTISER on a specific date, or alternatively over a five day period based on a week commencing date, which has been requested by the ADVERTISER. The MEDIA COMPANY is however under no obligation to meet the date requested if unforeseen circumstances means that the broadcast is sent out on an alternative date. No guarantee of delivery or time of delivery is given to the ADVERTISER by the MEDIA COMPANY. The MEDIA COMPANY will always endeavour to send the broadcast out as near to the original request date as is possible. The amount of recipients on the MEDIA COMPANY’S database will vary from week to week and no guarantee of database numbers is given to the ADVERTISER as part of the agreement between both parties to send out an email broadcast. Artwork must be supplied by the ADVERTISER without application from the MEDIA COMPANY and supplied to the MEDIA COMPANY by the ADVERTISER to meet the MEDIA COMPANY’S production specifications (available on request). Email broadcasts must conform to the British Code of Advertising Practice. Any origination work to produce artwork or to correct artwork supplied by the ADVERTISER or his agent will be charged extra by the MEDIA COMPANY. The MEDIA COMPANY agrees to supply one set of analytical information to the ADVERTISER by email not sooner than a minimum period of 10 working days after the email broadcast sending date, detailing the opening percentage of the email broadcast by its recipients, but only if the ADVERTISER requests this information in writing within two months of the broadcast date. The ADVERTISER then agrees to supply such information within 28 days of the request, but only ever in a standard format chosen as suitable for such purpose by the MEDIA COMPANY. The MEDIA COMPANY reserves the right to decline email broadcast artwork if it deems the content to be unsuitable, without explanation. Failure to supply email broadcast artwork by the agreed deadline by the ADVERTISER will mean the cost of such email broadcast will still be charged and invoiced by the MEDIA COMPANY. Once booked, email broadcasts are scheduled to the exclusion of others and any cancellation by the ADVERTISER will be charged at 100% of the agreed cost.
38. Page Zero Advertising: An online space facing the front cover of any e-magazine version of a Yandell Publishing publication may be available to book for advertising messages at rates displayed on the publications rate card for the month of publication, or up to an annual period in the case of yearbooks or directories. Please note that Page Zero is only available to view on a desktop PC, a PC laptop or Mac computer. It is not available to view on tablet devices such as an iPad or on mobile phones. Advertising rates reflect this position based on the media available.
39. Website Advertising: Space booked on any of the MEDIA COMPANY’S websites may be located in a position only available on a changing carousel advertising space shared with other advertisers. Should the ADVERTISER require a solus position this will be charged at a rate 50% higher than the standard rate card cost.
40. COPYRIGHT: Advertisements or illustrations or electronic or computer images, or any other form of advertising or editorial material originated by the MEDIA COMPANY or its employees, agents or representatives, for the ADVERTISER, remains the exclusive copyright of the MEDIA COMPANY, unless specifically confirmed and agreed in writing in advance of publication or other use by the MEDIA COMPANY, or a third party.
41. These terms and conditions are to be read with and form part of any other contract or conditions which may be entered into, and supersede all previous terms and conditions.