Terms and Conditions
Terms and conditions of acceptance of advertisements for The
Ultimate Guide Company
All advertisements (which term shall include inserts) at the
instance of an advertising agency or any other person, partnership
or company ("the Advertiser") which expression shall include its
successors, assignees, executors and personal representatives as
the case may be) are published and accepted by SPG or UGC ("the
Proprietors" which expression shall include its successors,
assignees or agents) subject to the following terms and
conditions:
1. The Proprietors will endeavour to publish advertisements
on the date(s) specified by the Advertiser but reserve the right to
omit or suspend or hold over publication of any advertisement,
notice or order or any part thereof without notice and to publish
any advertisements so omitted or held over in a subsequent issue of
the Title, The Proprietors will endeavor to give notice to the
Advertiser where reasonably possible.
2. Every reasonable effort will be made to meet the Advertiser's
requirements, including the publication of advertisements in
single, two or full colour where specified, but the Proprietors
have and accept no liability whatsoever (beyond the price for any
advertising) for any loss or expense or damage including loss of
revenue or profit occasioned to or sustained by the Advertiser or
any third party by the non-insertion of any advertisement or by any
errors or omissions or inaccuracies or delays in the printing or
publishing of any advertisement whether as a result of negligence
on the part of the Proprietors or otherwise.
3.The Proprietors reserve the right to alter any advertisement
if necessary without consulting the Advertiser in order that such
advertisement might conform to the Proprietors' standards of
decency, taste and other relevant matters laid down in any relevant
code of practice, the Proprietors' current self imposed standards
or any other mandatory rules applicable.
4. All position stipulations appearing on orders will be treated
as requests. The proprietor will endeavour to publish
advertisements in the required position, but it is only guaranteed
when art additional 'special position' surcharge is applied and it
is confirmed in writing by the proprietor.
5. Where an Advertiser has supplied their own complete artwork,
this may be subsequently changed, but an Advertiser's previous
advertisement will be repeated if new copy is not received before
the copy deadline. Where the Proprietor's undertake a copysetting
service on behalf of the Advertiser, it is the Advertiser's
responsibility to ensure that copy is examined for errors before
submission.
6. The Advertiser is responsible for checking that the first
insertion in a series of advertisements is published in accordance
with the Advertiser's wishes. The Proprietor shall not be liable
for any inaccuracies published in any subsequent issues.
7. Advertiser's materials are held at the Advertiser's risk and
should be insured by the Advertiser against theft, fire and other
loss and damage. The Proprietors shall not be held responsible for
advertiser's materials which remain unclaimed after six months from
the last date of publication of the advertisement.
8. The Proprietors are not obliged to stop or cancel any
advertisement or website listing unless they receive verbal notice
to do so which notice is to be followed by notice in writing, the
said verbal and written notice to be received by them no less than
42 days before copy deadline date for each publication. Any
cancellation received less than 42 days prior to the published copy
deadline will not be actioned and will result in the Advertiser
being required to pay for any advertising or website listing booked
which falls within the 42 day period. In the event that an
Advertiser wishes to cancel a 'continuous run' or an 'auto-renewal'
advertisement or website rub, the minimum cancellation period is 90
days.
9. All Advertisers must pre-pay unless credit has been approved.
The maximum credit term will be 30 days from date of invoice, Where
credit terms have been agreed payment must be made in full by the
invoice due date. Failure to pay in accordance with this clause
shall entitle the Proprietor without prejudice to any other rights
to terminate the contract immediately in respect of future
advertising and to charge interest at the rate of 8% per month
above the Bank of England base rate on amounts outstanding together
with compensation for debt recovery costs pursuant to the
provisions of The Late of Commercial Debts (interest) Act 1998 and
as amended and supplemented by The Late Payment of Commercial Debts
Regulations 2002.
10. All advertisements must not contravene the provisions of any
applicable law including without limitation the Trades Description
Act, the Fair Trading Act, the Consumer Credit Act, the Race
Relations Act, the Sex Discrimination Act or the Business
Advertisements (Disclosure) Order and must comply with the British
Code(s) of Advertising Practice as any of the same may be amended
or re-enacted from time to time.
11. The Advertiser will free and relieve and indemnify the
Proprietors of and against any claim or awards whatsoever made
against the Proprietors in connection with the publication of any
advertisement placed by the Advertiser including any costs or
expenses (including legal and judicial expenses) incurred by or on
behalf of the Proprietors in connection with such claim or
awards.
12. Where the Proprietor has (without making an additional
charge to the Advertiser for doing so) prepared or arranged for the
preparation of artwork, drawings, sketches, photographs and/or text
the Advertiser hereby grants to the Proprietor all intellectual
property rights in such artwork, drawings, sketches, photographs
and/or text and these shall at all times remain the Proprietor's
property. No licence is granted to the Advertiser or any other
person in respect of these intellectual property rights. The
Advertiser undertakes not to reproduce or authorise any other
person to reproduce the said artwork, drawings, sketches,
photographs and/or text without the written consent of the
Proprietor.
13. Digital material must be accompanied by an exact print
standard colour proof. The Proprietor cannot accept responsibility
for digital files without proofs. All file elements must be present
and in the correct format. Further details will be supplied upon
request.
14. Where inserts are supplied by an Advertiser which do not
comply with the original specification, the Proprietor may reject
the inserts or invoice the Advertiser for any additional costs
incurred by the Proprietor.
15. In the event that an Advertiser who has received a discount
from the published ratecard (in consideration of having entered
into a contract with the Proprietors to place a series of
advertisements in the Title) fails to honour the contracted number
of advertisements in the series the Proprietors reserve the right
to invoice the Advertiser for the amount of any discounts from
ratecard previously received to be payable on demand.
16. The Proprietors reserve the right from time to time to alter
these Conditions. The Proprietors shall endeavour to give notice to
any Advertisers likely to be affected thereby.
17. Should any court, competent tribunal or authority find any
of these conditions unenforceable for any reason, the remaining
provisions shall be enforceable. Should any other exclusion or
limitation of the liability of the Proprietors contained herein be
found by any such court to be unenforceable, the Proprietors'
liability in respect of any breach hereof giving rise to damage
(other than personal injury or death) shall be limited to the
charges to be levied for the placing of the advertisement in
question.
18. In the case of any advertisement placed by an advertising
agency, the advertiser and the said agency shall be a party to the
contract in respect of the insertion of such advertisement and
shall be jointly and severally liable to the Publisher in respect
of all matters arising under the contract. The said advertising
agency shall be responsible for making the Advertisers aware of
such liability and shall be deemed in all circumstances to be the
agent of the Advertiser.
19. No liability will exist for final colour produced outside of
PIRA standards where this has been caused by artwork supplied
incorrectly or not in accordance with published parameters.
20. Each of the foregoing conditions shall be separate and
severable.
21. These Terms and Conditions and any agreement to which they
apply shall be subject to the Laws of England and the exclusive
jurisdiction of the English Courts but the Proprietors are
entitled. At their sole discretion, to take action in any other
competent jurisdiction.
22. The placing of any advertisement by the Advertiser
constitutes acceptance of all of the above terms and
conditions.
First Time Buyer Magazine