TERMS AND CONDITIONS
Advertiser and Publisher relationship
An advertisement is accepted on the understanding that the relationship between the Advertiser and the Publisher is governed by the conditions set out below.
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For the purpose of these conditions, “Advertiser” shall refer to the contractual Principal, that is the party responsible for payment of charges arising from the publication of an advertisement.
For the avoidance of doubt, “advertisement” also includes all other items listed in the CABLEtalk media pack such as loose inserts and listings on the website.
The Publisher reserves the right to refuse any advertisement submitted for publication and to amend advertisement copy where absolutely necessary.
In the event of error
In the event of any error, misprint or omission in the printing of an advertisement or part of an advertisement, except where attributable to an act or default by the Advertiser or his agents or where covered above, the Publisher will re-insert the advertisement in an agreed future issue.
Unless where the error, misprint or omission does not materially detract from the advertisement.
In no circumstances shall the total liability of the Publisher for any error, misprint or omission exceed the amount of a full refund of any price paid to the Publisher for the advertisement in connection with which the liability arose or the cost of a further or corrective advertisement of a similar type to the advertisement in connection with which the liability arose.
The Publisher cannot accept liability for any errors due to inaccurate copy instructions.
If written copy instructions are not received by the agreed copy date, no guarantee can be given that proofs will be supplied or corrections made and the Publisher reserves the right to repeat the most appropriate copy.
Any complaint concerning the reproduction of an advertisement must be lodged in writing within four weeks of the publication date.
Charges will be made to the Advertiser where the printers are involved in extra production work owing to acts or defaults of the Advertiser or his agents. These charges will be in accordance with the published rates current at that date.
Artwork
The Advertiser’s property and artwork, etc are held at his risk and should be insured by him against loss or damage from whatever cause. The Publisher reserves the right to destroy all artwork which has been in his custody for twelve months from the date of its last appearance.
The copyright on any artwork or copy contributed to an advertisement by the Publisher shall be vested in the Publisher.
Advertising rates and booking confirmations
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Advertisement rates are subject to revision at any time and individual orders are accepted on condition that the price binds the Publisher only in respect of the next issue to go to press.
Telephone space bookings are subject to the same conditions as written orders from the advertisers.
The Advertiser is required to issue written confirmation of a verbal booking as far in advance of the publication date as possible and certainly within seven days of the booking.
Preferable method is to email back the confirmation from your account manager within 7 days.
Once received these bookings are binding and refer to standard cancellation terms and conditions All packages bought must be utilised within twelve months of purchase date, unless otherwise agreed at time of booking.
Agencies
The Advertiser, where an agency, may not recharge a client for space at an increased rate, unless with the Publisher’s written consent. Agents with the full and recognised authority to do so can claim Agency Commission of 10%. This does not apply to rates previously negotiated directly with the Agents client.
Payment terms
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Payment is due for individual and package bookings in agreement with the Publisher or Account Manager either on receipt of your booking confirmation or 14 days after the first insertion is published.
All advertisement and commercial cancellations
One calendar months notice prior to publication date is required to stop or suspend monotone insertion. At least sixty days’ notice prior to publication date is required to stop or suspend a colour insertion, unless there is prior agreement with the Publisher.
If an Advertiser cancels the balance of a contract he relinquishes any right to the series discount to which he was previously entitled and advertisements will be paid for at the appropriate rate.
Warranties
The Advertiser warrants that the advertisement does not contravene any Act of Parliament, nor is it in any way illegal or defamatory or an infringement of any other party’s rights or an infringement of the British Codes of Advertising and Sales Promotion. On the contrary, copy must be legal, decent, honest and truthful.
Should it become apparent that this is not the case, the Publisher reserves the right to suspend the advertisement, in which case no claim on the part of the Advertiser for damages or breach of contract shall arise.
The Advertiser will indemnify the Publisher fully in respect of any costs, damages or losses arising directly or indirectly from the publication of an advertisement, where such an advertisement conformed with the copy instructions supplied by the Advertiser. The Publisher will consult with the Advertiser as to the way in which such claims should be handled.
The placing of an order by an Advertiser constitutes an assurance that all necessary authority and permission has been secured for the use in the advertisement of a pictorial representation of or of words attributable to a living person.
If so required, the Advertiser must disclose the identity of the client and reveal the nature of the product/service to be advertised. In the event of the Advertiser failing to comply with such a request, the Publisher reserves the right to cancel the advertisement, in which case no claim on the part of the Advertiser for damages or breach of contract shall arise.
If it is intended to include a competition or a special offer within an advertisement, full details should be submitted at the time of booking.
In accepting financial advertisements, the Publisher does so on the understanding that their copy content, authorisation and placing have been processed in accordance with the requirements of the Financial Services Act 1986.
Notwithstanding anything in the above which may provide to the contrary, neither the Publisher nor the Advertiser shall be liable to one another for any loss or damage, consequential or otherwise, caused by or arising out of any Act of Parliament, Order in Council, Act of State, strike of employees, lockout, trade dispute, enemy action, rioting, civil commotion, fire, force majeure, Act of God or other similar contingency beyond the control of either party.
These conditions and all other express terms of the contract shall be governed and construed in accordance with the Laws of Scotland.
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Connect Publications (Scotland) Ltd, Studio 2001, Mile End Mill, 12 Seedhill Road, Paisley PA1 1JS. Registered in Scotland: 189739. Web: www.connectmedia.cc; Tel: +44 (0)131 561 0024; Email: david@connectcommunications.co.uk;
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Updated: November 2017.
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