Terms & Conditions of Business
1.1 In these Terms and Conditions, the following expressions shall, unless the context otherwise requires, have the following meanings:
1.2 "Advertisement" means matter the Advertiser requests to be inserted and printed on a page of the magazine
1.3 "Advertiser" means the advertiser of the product or service referred to in the Advertisement and / or the individual / organisation booking any advertisement as defined by “buyer”.
1.4 Mechanical Data means the uniform standard sizes for advertisements
1.5 "Buyer" means the person placing the order for the insertion of the advertisement with the Publisher whether the Advertiser or the Advertiser's advertising agency or media buyer or other third party;
1.6 "Fee" means the fee payable as set out in the Insertion Order or any other document, email or means of advertisement booking.
1.7 "Insertion Order" means the order form for an Advertisement to be placed in the magazine(s) submitted by the Buyer to the Publisher;
1.8 "Publisher" means Cotswold Style Ltd
1.9 "Terms" means these terms and conditions;
1.10 Series Booking means advertising booked for 6 months or longer.
1.11 "Web Site" means each and any of the web sites currently located and operated by the Publisher and any successor of such website(s) and each and every other web site owned or operated by the Publisher.
1.12 Words in the singular include the plural and in the plural include the singular.
1.13 A reference to one gender includes a reference to the other gender.
1.14 Headings do not affect the interpretation of these Terms.
2. GENERAL TERMS
2.1 All contents of advertisements are subject to publisher's approval. Publisher reserves the right to cancel advertisements, insertion orders, space reservations or position commitment at any time.
2.2 The positioning of advertisements is at the discretion of the publisher, except where a specifically requested preferred placement has been agreed in writing.
2.3 The Publisher may decline to publish or to omit, suspend or change the position of any Advertisement otherwise accepted for insertion in its sole discretion. However, the Publisher will use its best endeavours to comply with the wishes of the Buyer.
2.4 The Publisher may in its sole discretion reject or cancel any Advertisement at any time or may amend or require to be amended the Advertisement including but not limited to amending or rejecting the Advertisement so as to:
(a) avoid infringing any applicable laws, Trade Descriptions Act, 1968, the Sex Discrimination Act, 1975, the Business Advertisements (Disclosure) Order, 1977, third party's rights, the British Code of regulations under the general supervision of the Advertising Standards Authority, OFCOM or other applicable body;
(b) avoid breach of these Terms; or
(c) comply with any Mechanical Data / Technical Specifications.
2.5 Advertisements of ‘non-uniform’ size. The full spectrum of advertisement sizes is depicted below. For non-uniform sizes, whose proportions cannot be easily adjusted, Community Publishing Ltd reserves the right to include a frame or border to ensure ‘best fit’ on the page.
2.5.1 Mechanical Data (Advertisement Sizes)
Quarter Page: 102 mm high x 72 mm wide
Half Page Landscape: 102 mm high x 147.3 mm wide
Half Page Portrait: 208 mm high x 72 wide
Full Page: 208 mm high x 147.3 mm wide
Full Page (Full Bleed): 246 mm high x 173 mm wide (This includes a 3 mm bleed)
Double Page: 246 mm high and 346 mm wide (this includes 3mm bleed)
2.6 The publisher shall have not liability for any errors or omissions
2.7 The publisher shall not be liable for any cost or damages if for any reason the advertisement is not published
2.8 The Advertisement and all artwork and copy must be received by the Publisher no less than four days prior to the print date deadline and must comply with any Mechanical Data / Technical Specifications supplied. It is the responsibility of the Buyer / Advertiser to check the correctness of the Advertisement and the Publisher accepts no liability for any error or omission in an Advertisement.
2.9 The publisher is not liable for delay in delivery and/or non-delivery in the event of an act of God, action of government entity, fire, flood, insurrection, riot, explosion, embargo, strikes either legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown or any condition beyond the control of the publisher affecting production or delivery in any manner.
2.10 The agency and the advertiser will indemnify and save the publisher harmless from and against any loss or expense arising out of publication from such advertisements, including, without limitation, those resulting from claims or suite for libel, violations or rights of privacy, plagiarism and copyright infringement.
3.1 Cancellation of advertising space must be made in writing, a minimum of 30 days prior to the ad space closing date. Advert cancellations will not be accepted within 30 days of the advertising space closing date.
3.2 The Publisher shall not be bound by any notification of cancellation of the Advertisement unless it is in writing and received by the Publisher.
3.3 Series / Long term / contract agreements may not be cancelled unless payment is made in full for the complete term booked or the full rate card rate is paid for all Advertisements published to date of cancellation.
3.4 If an advertiser cancels the balance of any Insertion Order / advertising contract they relinquish any right to that series discount to which they were previously entitled and advertisements will be paid for at the appropriate rate card rate (As detailed below).
3.4.1 Standard Rate Card
Quarter Page: £85.00 (Eighty Five Pounds)
Half Page: £150.00 (One Hundred and Fifty Pounds)
Full Page: £310.00 (Three Hundred and Ten Pounds)
Double Page: £510.00 (Five Hundred and Ten Pounds)
3.5 Series rates apply only if the order is completed within the agreed period.
4. Series Bookings
4.1 All series bookings are automatically renewed and are subject to the cancellation clauses detailed in clause 3 ‘Cancellation’.
5. Advertisement Rates
5.1 Advertisement rates are subject to revision at any time and orders are accepted on condition that the price binds Community Publishing Ltd 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 advertisement rates.
5.2 The Publishers standard rates for Advertising are as detailed in 3.4.1 and are subject to revision at any time giving 30 days written notice.
5.3 Series and discounted rates only apply if agreed in writing and are subject to these terms and conditions.
6.1 Any complaint, claim or query (whether in relation to the Advertisement or an invoice) must be raised within seven days following the date on which the event giving rise to the complaint or query first arose. No complaint, claim or query shall affect the liability of the Buyer / Advertiser for payment by the due time of the Publisher's charges for that and all other Advertisements.
7.1 The Publisher shall not be liable for any indirect or consequential loss (including without limitation, business interruption and loss of profits, business, goodwill, anticipated savings, information and data) whether arising out of negligence, breach of contract or otherwise and whether or not the party was advised of the possibility of such loss by the other.
7.2 In no circumstances shall the total liability of the Publisher for any error or omission exceed the charge for the Advertisement in question.
7.3 The Publisher will not be liable for any loss of copy, artwork, photographs or other materials.
8.1 The copyright in all artwork, copy and other material which the Publisher or its employees or contractors has originated or reworked shall vest in the Publisher.
9.1 The publisher shall have the right to hold any advertiser and/or its advertising agency jointly and severally liable for money due and payable to the publisher for advertising that the advertiser or its agency ordered and that was published.
9.2 Accounts must be paid on the terms indicated on the invoice. Interest will be charged monthly on overdue accounts at the rate of 8% per month on any sum not paid in full by the due date.
9.3 Any / All overdue accounts will be subject to the Late Payment of Commercial Debts Regulations 2002 (SI 2002 No 1674).
9.4 Any / All overdue accounts will be subject to debt collection. And any / all associated costs will be borne by the advertiser including, but not limited to, debt collection agency fees, bailiff fees, solicitors fees and such like as may be levied by any / all third party debt collection agencies / solicitors appointed to recover said debt(s).
10. Agency Commissions (Including any / all third parties)
10.1 Advertising Agency commission is paid at the discretion of the publisher. Where agreement has been reached it is on the understanding that the Agency has accepted these conditions. We reserve the right to withhold commission where agencies persistently breach payment terms.
11.1 No waiver by the Publisher shall be effective except in relation to the matter in respect of which it was specifically given.
12. Assignment / Transfer
12.1 The parties may not assign or transfer or sell any of the rights granted hereunder.
These Terms and any contracts made hereunder shall be construed and governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
The signing of an Insertion Order and/or the placing of an order for the insertion of an advertisement by any means including, but not limited to, email, telephone, letter, shall amount to an acceptance of the above Terms & Conditions. Any conditions stipulated on an agency’s order form or elsewhere by an agency or a Buyer / Advertiser shall be void insofar as they are in conflict with these Terms and Conditions.