TERMS AND CONDITIONS OF TRADE
Standard Terms and Conditions: These Terms & Conditions shall apply to all media orders accepted by B&Y Publishing Limited (“the Publisher”) for advertising within the Title and Title Website.
- Payments are strictly net of agency commission, unless otherwise stated, and are subject to settlement in favour of the Publisher within fifteen (15) days of the date on which the media order is confirmed, with vat being charged, where applicable, unless alternative payment terms are stated. Where media booked is for one, or more editions, then payment for all editions is required on the specified due date for the first edition, unless alternative payment terms are stated. Overdue balances are subject to interest being charged on account of 1.5% per month (18% per annum). Unpaid accounts referred to a third party for recovery will incur collection costs. The Buyer will have no right to set-off monies owed to the Publisher. All media orders are accepted by the Publisher subject to the approval of The Committee. Upon the date of approval by The Committee, an invoice will be raised.
- Where alternative Payment Terms are expressly stated, each payment must be made on or before the agreed date and each payment must be met upon first presentation. Failure to comply will result in all outstanding amounts at the given date becoming immediately due and payable, with the Publisher retaining the right to cancel the media order and retain any payments paid by the Buyer.
- Where alternative Payment Terms are stated should the result of an independent credit reference on the Buyer be unacceptable to the Publisher, the Publisher retains the right at any time thereafter, to demand a payment of an initial deposit equal to 30% of the order value, with the payment of that deposit to be made within fifteen (15) days of demand, with the remainder of the sum payable pursuant to the payment terms of the media order.
- The Publisher reserves the right to delay publication, of any edition of the Title, or Title Website, in the event of unforeseen circumstances. Should the title be unable to be published for whatever reason, or should distribution and or the sponsoring partner for the Title change, or should the copy be rejected from appearing within the Title, the Publisher, at its sole discretion, reserves the right to transfer the booking into another Title reaching a similar audience. In the event that distribution figures do not reach those stated invoice values will become payable on a pro-rata basis.
- The Buyer is solely responsible for the submission to the Publisher of suitable copy, by the copy deadline and must ensure the copy i.e. the text, images and all other materials from which it is comprised) complies with the Publisher’s specific requirements. If suitable copy is not received by the copy deadline, the Publisher reserves the right to repeat the copy last used. Late delivery of suitable copy after the copy deadline will incur forfeiture of the space booked at full cost.
- The Publisher reserves the right to refuse or suspend unacceptable copy at any time after providing justification. If such action is deemed necessary, no claim on the part of the Buyer, or any other party for damages, or breach of contract shall be accepted. The Publisher reserves the right to charge supplementary processing charges where advertisement copy is not supplied in accordance with the copy specifications. Should an advertisement not appear due to the act or default of the Buyer, then the space allocated shall be paid for in full, notwithstanding that the advertisement has not appeared and the space become forfeit.
- Pagination is at the sole discretion of the Publisher. Promotions will appear “run of press” unless a specific position is detailed on this media order. Solus positions are not guaranteed unless detailed on this media order.
- The Buyer warrants that the advertisement does not contravene any Act of Parliament in the UK, or in any other country, nor is it in 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 any claim arises against the Publisher as a result of an advertisement, the Buyer will be fully liable to indemnify the Publisher.
- To ensure uninterrupted, continuous and price-capped access to this audience via this Title, all orders will be automatically renewed, for a further term and charged at the same rate, using the same copy and appearing in as similar position as reasonably possible, on a rolling basis, unless either party notifies the other in writing by giving no less than sixty (60) days’notice, prior to the press date for the next edition after the expiry of the term (available on request). The Publisher must receive the cancellation notice in writing in accordance with the cancellation terms herein. Cancellation received without sufficient notice will be charged in full.
- Should any Terms within this media order be determined illegal, or unenforceable for any reason by a court of law, then such Term shall be deemed severable from this notice and the remaining Terms shall survive and remain in full force and continue to be effective, binding and enforceable.
- This media order constitutes the final, complete, and exclusive statement of the terms between the parties pertaining to the subject matter and supersedes all prior and contemporaneous understandings or agreements of the parties. This media order constitutes a binding contract with a firm commitment to the Publisher.
- This media order shall be governed by and construed in accordance with English Law and the parties hereto irrevocably submit to the non-exclusive jurisdiction of the English Courts in respect of any dispute on matter arising out of or connected with the agreement.