Conditions of Acceptance of Advertisements
1 General: in these conditions, (a) “The Company” means Beacon Media Ltd. (b) “The Advertiser” means any person or company placing with The Company an order for the publication of the advertisement in any of the company’s magazines, supplements or other publications
2 Acceptance of conditions: In placing an order of a publication for an advertisement, The Advertiser accepts these conditions, No condition which conflicts with these conditions is binding on The Company or The Advertiser unless it is in writing and signed by or on behalf of both parties.
3 Advertisers warranty and indemnity: (a) The Advertiser warrants (i) that the advertisement is legal, decent, honest and truthful and that it complies with the British Codes of Advertising and Sales Promotion, with any relevant codes of practice and with all requirements of current legislation; (ii) that nothing in the advert is defamatory or constitutes a malicious falsehood; and (iii) that the publication of the advertisement will not infringe copyright or any other rights vested in third parties.(b) The Advertiser will indemnify The Company in respect of all costs, damages or other charges incurred in connection with any actions or claims brought against The Company arising from a breach by The Advertiser of this warranty or otherwise from the publication of the advertisement
4 Right to Refuse or Amend Advertisements: (a) The Company reserves the right to refuse to publish any advertisement if, in The Company’s opinion, the advertisement fails to comply with the requirements of condition 3(a) above or the refusal is required in the event of reader protection, even if the advert has already been accepted, or previously published. (b) The Company may itself make any alteration it considers necessary or desirable in an advertisement.
5 Requests for Insertion in particular Beacons or on Particular Dates or in Particular Sections or in Particular Pages: Whilst The Company will endeavour to comply with reasonable requests for an advertisement to be inserted on a particular date or in a particular part of the publication, the Company makes no guarantee in respect of any such insertion.
6 Payment: (a) Where The Company informs The Advertiser that pre-payment is required in respect of the advertisement, The Company reserves the right not to publish the advertisement until payment is received.
(b) Where pre-payment is not required, The Company will invoice The Advertiser in respect of the advertisement order. Invoices must be paid in full at the end of the fourteenth day of the month in which the advert appears. If the invoice remains unpaid for a further calendar month, account facilities may be withdrawn. (c)
7 Cancellation: The Company or The Advertiser may cancel The Advertisers order at any time by giving 5 days notice of the cancellation in writing before the next due date (deadline date) of publication of the advertisement. In the case of front or back cover bookings 28 days notice is required. The Advertiser will incur 50% of the agreed advertising cost should
they fail to notify the Company in time.
8 Copyright: (a) Copyright in all artwork, copy or other material created or contributed to by The Company shall vest in The Company. (b) The Advertiser authorises The Company to record, reproduce, publish, distribute and broadcast (or to permit the same) all advertisements (including but not limited to text, artwork and photographs) and to include and make them available to any information service electronic or otherwise.
9 Advertisers Property Held at Advertisers Risk: All artwork, film, or other property delivered by The Advertiser to The Company is held by The Company at The Advertiser’s risk and The Advertiser should insure all such property against loss or damage from whatever cause. The Company reserves the right to destroy without notice, all artwork, photographs, film or other property which has been in its custody for six months from the date of it’s last appearance in an advertisement unless The Advertiser has given instructions to the contrary.
10 Errors and Omissions – Limitations of Company’s Liability: (a) The Advertisers shall first check the proof and first insertion of any series of advertisements and notify The Company immediately of any errors. The Company has no responsibility for the repetition of errors unless notified by The Advertiser. (b) In event of any error, misprint or omission in the printing of an advertisement the publisher will either reinsert the advertisement or relevant part of it or make a reasonable refund of or 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. (c) In no circumstances, shall The Company’s total liability in respect of any misprint, omission or error, exceed either the full refund of any price paid to The Company for the advertisement in connection with which liability arose or the cost of a further corrective advertisement of a type and standard reasonable comparable to that in connection with which the liability rose. (d) The Company shall not be liable for any loss or damage occasioned by any total or partial failure (however caused) of publication or distribution of any newspaper or edition in which an advertisement is scheduled to appear. (e) The Company shall not be liable for any loss or damage to a business occasioned by any misprint or typographical error in an advert or editorial..