Today Publications Ltd. - Terms and Conditions
“The Business” shall be defined as Today Publications Ltd, based at 10 St Leonards, Tickhill, Doncaster, DN11 9HX.
“The Client” shall be defined as the advertiser/advertising agency persons or company with whom goods and services are to be supplied.
“Goods and/or services” shall be known to be any item which the Business supplies to any of its Clients. Without limitation, advertising space, graphic design services and leaflet distribution are included in this definition.
PUBLICATION OF ADVERTISING
The placing of an order by the Client constitutes an assurance that the advertisement is legal, decent, honest and truthful complying with the British Codes of Advertising and Sales Promotion, with any relevant codes of practice and with the requirements of current legislation.
The Client agrees to indemnify the publisher in respect of all costs, damages, or other charges falling upon The Business as a result of legal actions or threatened legal actions arising from the publications of the advertisement(s).
All advertisements are accepted subject to The Businesses approval of the copy and to the required space being available. The Business does not guarantee any particular placement of advertisements unless a ‘premium space’ has been booked and confirmed. The Business reserves the right to place the word “advertisement” with copy which (in the opinion of The Business) resembles editorial matter.
The Business reserves the right to refuse advertisements which may be defamatory or offensive or which promote products that may be considered illegal or indecent within the company values of Today Publications. The Business makes no guarantee that advertising will be successful. For the best chance of success, the business recommends that advertising is booked for four or more issues. It is a proven theory that repetition brings familiarity.
ERRORS OR OMISSIONS
Whilst every endeavour will be made to meet the wishes of The Client, The Business does not guarantee the insertion of any particular advertisement.
In the event of any error, misprint or omission in the printing of an advertisement or relevant part of an advertisement, The Business may at their discretion 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.
In no circumstances shall the total liability of The Business for any error, misprint or omission exceed (a) the amount of a full refund of any price paid to the publisher for the advertisement in connection with which liability arose or (b) the cost of a further or corrective advertisement of a type and standard reasonably comparable to that in connection with which liability arose.
It is the responsibility of The Client to check the first insertion of advertisements and notify The Business immediately of any errors. The Business assumes no responsibility for the repetition of errors unless notified by the advertiser.
The Business shall not be liable for any loss or damage occasioned by any total or partial failure (however caused) of publication or distribution of any magazine or edition in which any advertisement is scheduled to appear.
COPY DEADLINE/FORMATTING OF ADVERTISEMENTS
The copy deadline for all advertisements and editorial features is as stated in the copy deadlines published in the magazines each month and on our website. It cannot be guaranteed that copy received after this date will be included in the requested publication(s), although everything will be done to accommodate late requests. Any changes to current adverts must be provided prior to our deadline date, otherwise we reserve the right to print a previously published advert.
All adverts designed by the Business will be proofed to The Client prior to publication. It is The Client’s responsibility to ensure that the advert is proofed and is accurate, legal and copyright free. The Business takes no responsibility for loss or damage resulting in an advert being incorrect, having been provided for proofing to The Client.
Adverts supplied in JPEG, PDF and other pre-prepared formats will be inserted into the publication as supplied unless otherwise agreed with The Business and will be assumed not to require copy approval. These files should be supplied at a minimum of 300dpi. No responsibility can be taken for the print quality of any advert supplied at a lower resolution. These files may be re-sized to fit the appropriate space. All advertising insertions shall be submitted by The Client by the closing date in the form stipulated by The Business and otherwise in accordance with The Business’s instructions. Unless The Business receives the advertising insertion in the proper format and as per The Businesses instructions by the quoted copy date or if The Business is required to perform additional production work as a result of The Client’s failure to conform to The Businesses requirements and/or instructions, The Business (in its absolute discretion) reserves the right (a) to make additional charges to The Client for the cost of any such production work or (b) to treat The Client as having cancelled.
Notice of cancellation of advertising must be received in writing and acknowledged no later than 48 hours before the copy deadline of the month preceding publication. Late cancellation may result in full payment being levied on The Client. If The Client wishes to cancel part way through an agreed advertising package, then The Business reserves the right to surcharge previous advertisements in the package, where a package discount had been applied. Package discounts apply only to orders placed in advance and where The Client keeps to the terms of payment.
In the case of an advertisement which by reason of its position is chargeable at a premium rate, not less than 14 days’ notice is required for cancellation before the insertion or the next insertion. Failure to do so may result in The Client being charged the full rate of the original advertisement booking.
The Business reserves the right to cancel the booking at any time but in that event The Client shall not be liable for payment of the difference (if any) between the rates for the series specified in the order and the usual price for the series of insertions which has appeared when the order is stopped.
The Business reserves the right to make any alteration it considers necessary or desirable in an advertisement and to require artwork or copy to be amended to meet its approval.
The copyright for all purposes in all artwork, copy and other material which The Business or his employees have originated or reworked shall vest in The Business. If The Client wishes to use adverts designed by The Business in another publication The Client will be required to ask the permission of The Business, which will be given in writing and a release fee may be charged. The Business reserves the right to charge a fee of not more than £100 where permission is not obtained to use the advert in other publications.
The placing of an order by The Client constitutes an assurance that all necessary authority and permission has been secured in respect of the use of all content within the advertisement(s).
The Business in practice will keep records of artwork previously designed but does reserve the right to destroy without notice all artwork which has been in its custody for six months from the date of its last appearance in an advertisement.
INVOICES, RATES AND PAYMENT
All invoices raised by The Business shall become due for payment by the date shown on the invoice unless consent is expressly given in writing to The Client for an extension of this period, or terms of any account facility between The Business and The Client expressly states.
All new Clients who are advertising with The Business for the first time will be required to pay for their first insertion in advance of publication on receipt and approval of proof.
The Business reserves the right to refuse a credit account, whereupon all advertising insertions will require pre-payment before the publication date.
The Business reserves the right to perform a credit check on any Client wishing to open a credit account.
In the instance The Client is offered a credit account, a run of advertising over a number of months will be invoiced monthly and payment will become due on receipt of invoice and must be paid within 14 days of the invoice date.
Payment may be made by BACS, Direct Debit, cheque or Credit/Debit Card.
Advertisement rates may be revised at any time. Orders are accepted on the basis the price binds The Business only in respect of the next issue to be published by The Business. If there is a rate increase, which The Business wishes to charge to The Client, then The Client will have the option either to cancel the remainder of the order without surcharge or penalty, or to continue the order at the revised advertisement rates.
Invoices which are overdue for a period in excess of 14 (fourteen) days from the invoice due date for any services will be subject to credit control procedures which may or may not include the filing of a County Court Order. Subsequent County Court Judgements and Warrants may or may not be issued. Furthermore, at The Business’s sole discretion, a Statutory Demand under Section 123 (1) (a) or 222 (1) (a) of the Insolvency Act 1986 may be issued for non-payment of Goods and/or Services delivered. If this remedy does not satisfactorily resolve any non-payment, then a “Winding Up Order” may be issued in accordance with the relevant Acts of Parliament such as the Insolvency Act 1986, the Insolvency Rules 1986, Council Regulations (EC) No. 1346/2000 (‘the EC Regulation’) and the Companies Act 1985.
The Business reserves the right to exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed terms.
The Business reserves the right to charge compound interest on any debts older than 14 days from the due date on the invoice according to current Late Payment Legislation, which is currently 8% above Base Lending Rate.
The existence of a query on any individual item in an account shall not affect the due date of payment of the balance of the account.
The Business reserves the right to disclose the name and address of advertisers and/or agencies to the police, trading standards officials, or any other relevant authority and, where The Business in its sole discretion deems it reasonable, to other third parties.
These Terms and Conditions are formed under the laws of England and Wales and any legal claim shall be made in a court via the legal system of England and Wales.
The Placing of an order for the insertion of an advertisement shall amount to an acceptance of the above conditions over and above any conditions stipulated on The Client’s (business or agency) own terms and conditions form or order elsewhere, or The Client shall be void insofar as they are in conflict with them.
CHANGES TO TERMS
The Business, at all times, reserves the right to change the Terms and Conditions set out here in this document without prior written notice to any of its Clients and any subsequent changes will become applicable immediately. No claims will be entered into which may not have been applicable in previous revisions of this document which are subsequently made provision for. Any claims by any client will only be acceptable on grounds outside the current revision of this document. The Business will, at all times, where reasonably possible, make available for viewing its Terms and Conditions.
Revised 2nd May 2018