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Terms and Conditions The transaction between the Publisher and the Advertiser is subject to the Terms and Conditions set out here. All references to ‘the Publisher’ refer to Square Peg Media Limited, the publisher of g3 and Out in the City magazines and their associated websites. All references to ‘the Advertiser’ refer to the party to which the services are supplied by the Publisher. These conditions apply to all advertisements accepted for publication and shall supersede any previously published terms and conditions of business. Any other condition stipulated, incorporated or referred to by the Advertiser in its purchase order or negotiations shall be void unless incorporated clearly in written instruction and specifically accepted by the Publisher. All advertisements are accepted subject to the Publisher’s approval of the copy supplied by the Advertiser or its agents and to the space being available. The Publisher reserves the right to refuse, omit, amend or suspend an advertisement at any time without explanation, in which case no claim on the part of the Advertiser for damages or breach of contract shall arise. Should omission or suspension of an advertisement be due to the act or default of the Advertiser or his servants or agents then the space reserved shall be paid for in full notwithstanding that the advertisement has not appeared. Orders should be accompanied by an official purchase order or a confirmation order supplied by the Publisher and signed or returned from a duly authorised person. Signed confirmations sent by fax and email confirmations of receipt of the confirmation are accepted and binding. It is the responsibility of the Advertiser to ensure that only authorised persons place orders. Verbal instructions and orders are accepted only on the understanding that the Publisher will not be held responsible for errors arising from instructions not being confirmed in writing by the Advertiser.. The Publisher cannot be held responsible for errors or omissions in advertisements which have not been supplied to our technical specifications. The Publisher cannon accept liability for any errors owing to the acts or omissions of third parties or sub-contractors. We recommend that you print or save copies of electronic communications for your records. The Advertiser agrees to ensure that the advertisement does not contravene any Act of Parliament and that it is not illegal or defamatory or an infringement of any other party’s rights or an infringement of the British Code of Advertising Practice. The Advertiser agrees to indemnify the Publisher fully in respect of any claim made against the Publisher arising from the advertisement. Prices are as stated in the Media Pack or as agreed at the time and date of order and confirmed in writing by the Publisher. Prices are exclusive of VAT at the current rate, which shall be charged in addition where applicable and unless otherwise indicated. Advertisement rates are subject to revision at any time and orders are accepted on condition that the price binds the Publisher only in respect of the next issue to go to press. In the event of a rate increase the Advertiser will have the option to cancel the order without surcharge or continue the order at the revised cost. All new orders must be prepaid unless an approved credit account already exists. New credit accounts will only be opened after obtaining a credit reference acceptable to the Publisher. We may share information with credit reference agencies to verify the Advertiser’s identity and suitability for a credit account. If the Advertiser wishes to operate a credit account, we may use details of the Advertiser’s credit history to assess their ability to meet their financial commitments. Approved credit accounts are passed to Royal Bank of Scotland’s credit control and are subject to settlement in full prior to the due date indicated on the invoice.. The Publisher or Royal Bank of Scotland reserves the right to charge interest at the rate of 2% above Bank of England Base Rate from the due date up until the receipt of payment. Any fees incurred through late payment will be the responsibility of the Advertiser. Any size, agency or series discounts are given in consideration of settlement being made within the Publisher’s credit terms set out in clause 8. Failure to pay within these terms will at the discretion of the Publisher result in full Rate Card being charged. If the Advertiser cancels any part of a contract for a series of more than one advertisement he relinquishes the right to a previously negotiated series discount and advertisements will be re-invoiced and paid for at the full rate. Charges will be made to the Advertiser or his agent where the printers are involved in extra production work owing to acts or defaults of the Advertiser or his subcontractors or agents. Additional cost incurred if materials are found to be unsuitable during production will be subject to charges, except if the whole or any part of such additional cost could have been avoided but for additional delay by the Publisher or his servants in ascertaining the unsuitability of materials so supplied. All property supplied to the Publisher by or on behalf of the Advertiser shall, while it is in the possession of the Publisher or its agents, or in transit to or from the Advertiser, be deemed at the Advertiser’s risk unless otherwise agreed and the Advertiser should insure accordingly. The Publisher shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond its control including but not limited to act of God, legislation, governmental action, war, acts of terrorism, fire, flood, drought, failure of power supply, lock-out, official or unofficial industrial action or other dispute. The Publisher reserves the right to destroy all artwork and associated materials which have been in its custody unclaimed by the Advertiser for twelve months from the date of its last appearance. At least four weeks’ notice in writing prior to copy date is required to stop or suspend an insertion. Complaints regarding reproduction or placement of advertisements must be made in writing and must be received by the Publisher at its offices by recorded or registered mail within four weeks of the ‘On The Street’ date of the issue in question. If copy instructions are not received by the relevant copy date, no guarantees can be given that the proofs will be supplied for corrections made and the Publisher reserves the right to repeat the most appropriate copy available. These Terms and Conditions together with the Confirmation Order and Media Pack constitute the entirety of the contract between the Publisher and the Advertiser. The contract is deemed to take place at the offices of the Publisher. No variation of or addition to the same shall be of legal effect, and no employee or agent of the Publisher is authorised to make any representation binding upon the Publisher unless such variation or addition is made in writing and signed by a Director or the Group Advertising Sales Manager of the company. These Terms and Conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England and Wales. Square Peg Media Limited is registered in England and Wales, Company Register Number 05399187. |
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