(1) Definitions
The advertisement shall include any loose or insert advertisement, any advertisement attached to or distributed with relevant publications including free gifts, information supplied in connection with an advertisement and any advertisement in any form including electronic. The advertiser shall mean the person advertising its products or services or making an announcement in the advertisement. The IH shall refer to The Insert House Ltd, The Insert Print House Ltd, or any of their subsidiary or associated companies. The Buyer shall mean the person placing an order whether that person is the advertiser or not. Where the pronoun he is used it also includes she.
(2) Ordering
(2.1) In placing an advertisement order the Buyer is contracting with IH as principal even where the Buyers are not themselves the advertiser. IH are contracting with the Buyer as principals even where they are not themselves the publisher carrying the advertisement. An official order must be clearly marked as such. (2.2) All orders for the placing of an advertisement shall be subject to these conditions unless and to the extent otherwise agreed by the IH in writing. Any other conditions stipulated by the Buyer whether on the Buyer’s order form or elsewhere shall have no effect to the extent that they conflict with these conditions.
(3) Buyer’s Warranties and Indemnities
(3.1) The Buyer warrants to IH that: (a) The advertisement is legal in that it does not contravene English law and, where appropriate, EU law or directives or the rules of any statutory regulatory authority or other relevant body. Where the advertisement is covered by the Mail Order Protection Scheme, it is the advertiser’s responsibility to ensure that the advertisement complies with the requirements of the scheme. (b) The reproduction and/or publication in whatever format or medium by IH of the advertisement whether or not amended will not infringe any other party’s rights or breach of contract or otherwise expose IH to the risk of proceedings whatsoever. (c) The advertisement is decent, honest and truthful and does not infringe the British Code of Advertising Practice or the code of any other relevant body. (d) Where the Buyer is not the principal they are authorised by the advertiser to place the advertisement. (4) The Buyer agrees to indemnify IH against all actions, proceedings, claims, demands damages, full indemnity of costs and any other liability arising directly or indirectly from breach by the Buyer of any of the Buyer’s warranties or other obligations whether under these conditions or implied by law including without limitation the Buyer’s failure to notify IH of any error in a published advertisement.
(4) Supply of proofs and corrections
4.1 IH does not undertake to provide the Buyer with proofs of an advertisement. 4.2 IH cannot be held responsible for alterations or corrections to proofs if returned after the specified latest date or not confirmed in writing. 4.3 Proofs provided by IH must be approved by the Buyer before insertion. 4.4 IH does not accept responsibility for the accuracy of reproduction of copy not given to IH in writing. 4.5 IH may without prejudice to (3) above require copy in respect of advertisements to be amended to the extent IH deems necessary for the advertisement to conform to both thewarranties above, IH company policy and any technical specification.
(5) Artwork.
(5.1) Artwork and/or photographic materials submitted by the Buyer are submitted to and used by IH entirely at the risk of the person by whom or on whose behalf they are submitted. IH reserves the right to return at the Buyer’s expense or dispose of such artwork and/or materials if not collected within six months of receipt by IH. It is entirely the Buyer’s responsibility to make and retain copies of all artwork and/or photographic materials submitted to IH. 5.2 The Buyer acknowledges that the copyright in all artwork and/or materials contributed by IH in connection with the advertisement is solely vested in IH. 6 Positions Special positions will only be given if agreed to in writing by IH and at an additional charge. Agreement will be specific to an identified advertiser and to a particular issue unless otherwise agreed to in writing. (7) Late copy or late supply of Inserts If following acceptance of an order the Buyer’s copy and/or proofs and/or inserts are not received by the specified copy date and at the specified address IH reserves the right to run with a previous advertisement if such material is available. In any event IH retains the right to be paid in full as if the order had been completed. (8) Responses. IH gives no guarantee or any undertaking whatsoever as to the level of response to an advertisement of any kind. (9) Cancellations 9.1 IH reserves the right without prior notice to the Buyer: (1) to refuse or cancel any advertisement without giving a reason thereof. (2) to make corrections or alterations it considers necessary or desirable in the advertisement and (3) alter, cancel or postpone publication. In such cases IH will return any monies paid by the Buyer in respect of an advertisement that does not run. The Buyer will only be required to pay at the rate agreed and thus benefit from any series discount negotiated. (2) IH reserves the right to cancel, refuse or suspend the order if where the Buyer is not the principal the Buyer fails to identify the advertiser and the goods or services that are the subject of the advertisement. In such circumstances neither the Buyer, nor the advertiser shall have any claim against IH in respect of the cancellation, refusal or suspension. If IH is unable to replace the advertisement the Buyer shall be responsible for any loss incurred by IH. (3) IH will only accept a cancellation by the Buyer if the Buyer in writing requests the cancellation. Such cancellation must be received two months before the copy due date/insert delivery date, in respect of an annual or monthly publication and six weeks prior to a weekly. Where the Buyer cancels an order he will forgo any series discount that may have been applied. (10) Errors (1) The Buyer shall notify IH in writing of any error in a published advertisement as soon as practicable and prior to the copy date of the same advertisement or at least within fourteen days of publication. (2) Without prejudice to sections 2 and 3 above IH acknowledges its responsibility for errors in published advertisements where such errors are not attributable to any act or omission on the part of the Buyer. IH’s liability for any errors shall be limited to the refund of charges for the relevant advertisement. In some cases IH charges are limited to agency commissisoin and not total value of advert/insert.
(11) Rates and Payments.
(11.1) Unless IH agrees in writing the price for the advertisement shall be that as setout in the order confirmation as provided by IH, all other rates mooted shall be for guidance purposes only. Prior to order confirmation IH may amend rates at any time without notice. (11.2) Claims for credit must be made in writing within 21 days of the date of the invoice. The claim must state clearly why a credit is being claimed. (11.3) IH invoices must be paid within 30 days of the date of the invoice unless special payment terms have been issued in wrighting. Interest is payable on late payment, calculated at 4% above the Barclays Bank base or equivalent rate and accruing on a daily basis. Where the interest is less than £20.00 there shall be a minimum charge of £20.00. (11.4) Where exceptional costs arise from any acts or defaults on the part of the Buyer IH reserves the right to pass on such additional costs to the Buyer.
(12) IH Liability IH shall not be responsible for any consequential loss arising from any act or omission on the part of IH or any other circumstance. Any other claim against IH shall be restricted to the lesser of the actual costs incurred by the Buyer or the cost of the advertisement. For these purposes where there is a series of advertisements the cost of an advertisement shall be limited to the pro rata cost of one advertisement. This clause does not negate the rights of the Buyer to a refund as setout in “Cancellations” above.
(13) Staff Should any employee leave IH and within 6 months of leaving be employed as a member of staff, freelance or sub-contractor by the Buyer a recruitment fee shall be payable to IH amounting to one-half of the employee’s annual basic pay at the time they last worked for IH. For these purposes the Buyer shall include, the Buyer, the advertiser, principal and subsidiary or associated companies of the same.
(14) At all times these conditions and any other conditions expressed or implied shall deemed to be in accordance with English Law and within the jurisdiction of the English Courts. If for whatever reason the courts should find any part or parts of these conditions unenforceable the remaining conditions shall be enforceable.
|