Advertising Standard Terms & Conditions
All advertisements are accepted subject to the standard conditions of insertion set out below.
1. In these conditions, (1) “the Publisher” means: a) As regards Traditional printed paper media (wherever in the world so printed), the publisher of Modern & Mature (M&M) in or with which the advertisement is to appear or has appeared; b) As regards material published in or by means of any other media (e.g. cable, satellite or internet) the publisher of the world-wide web site with the domain name of www.modernandmature.co.uk, or such other domain name(s) as it shall utilise from time to time on which or with which the advertisement is to appear or has appeared. (2) “the Buyer” means the person placing with the Publisher the order for the insertion of the advertisement, whether such person be the advertiser of the product or service promoted thereby or making the announcement therein (“the Advertiser”) or the Advertiser’s advertising agency or media buyer; (3) the “rate card” means the Publisher’s rate card in effect for the time being and may include, among other matters, its scale of advertisement rates, technical specifications, copy and cancellation deadlines and setting styles and standard conditions of printing; (4) an “advertisement” means matter to be printed on the page (including promotional paid for features and advertorials) separately inserted or delivered from the appropriate website and (5) “contract” means, cumulatively, the quote given to any Buyer including these standard conditions.
2. The Buyer warrants that: (a) in relation to an advertisement the Buyer contracts with the Publisher as a principal not withstanding that the Buyer may be acting directly or indirectly for the Advertiser as an advertising agent or media buyer or in some other representative capacity; (b) the reproduction and/or publication of the advertisement by the Publisher as originally submitted or as amended pursuant to condition 3 will not breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or render the Publisher liable to any proceedings whatsoever; (c) any information supplied in connection with the advertisement is accurate, complete, true and permits the reproduction of the advertisement as a copied cutting; (d) in respect of any advertisement submitted for publication which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the Buyer or the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy; (e) in relation to any investment advertisement, the Advertiser is, or its contents have been approved by, an authorised person within the meaning of the Financial Services and Markets Act 2000 or the advertisement is otherwise permitted under that Act; (f) the Publisher shall be entitled to publish and republish and permit the reproduction of the advertisement anywhere in the world in the magazine or any other medium of communication; (g) the advertisement complies with the requirements of all legislation including subordinate legislation, the rules of statutorily recognised regulatory authorities and the law of the European Union for the time being in force or applicable in the United Kingdom; and (h) all advertising copy submitted to the Publisher is legal, decent, honest and truthful and complies with the British Code of Advertising Practice and all other relevant codes under the general supervision of the Advertising Standards Authority.
3. The Publisher may, without derogation from the warranties contained in condition 2, refuse or require to be amended any artwork, materials and copy for or relating to an advertisement so as (i) to comply with the legal or moral obligations placed on the Publisher or the Buyer or the Advertiser; or (ii) to avoid infringing a third party’s rights, the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority or the production and quality specifications stipulated or referred to in the rate card; or (iii) otherwise comply with these standard conditions.
4. The Publisher at anytime has the right in its sole discretion, and without any requirement to provide an explanation, to decline to publish, or to omit, suspend or change the position of, any advertisement otherwise accepted for insertion. However, the Publisher may use reasonable efforts to comply in publishing the advertisement and with the wishes of the Buyer subject always to the financial interests of the Publisher. Additionally the Publisher does not warrant the date of insertion, the wording, or the quality or colour of the reproduction of the advertisement. Time will not be of the essence for the publishing of the advertisement by the Publisher.
5. The Publisher cannot guarantee (a) that an advertisement including a coupon will not back onto another advertisement including a coupon, (b) that an advertisement will not appear in the same issue as another advertisement for a similar or the same product, or (c) that inserts will not appear in the same issue as another insert for a similar or the same product. No refunds will be given in such instances.
6. The Publisher shall not be liable for any loss of copy, artwork, photographs or other materials, which the Buyer warrants that it has retained in sufficient quality and quantity for whatever purpose.
7. Where the Buyer is the Advertiser’s advertising agency, the Buyer warrants that it is authorised by the Advertiser to place the advertisement with the Publisher and the Buyer will indemnify the Publisher against any claim made by the Advertiser against the Publisher howsoever arising under this contract.
8. The Publisher shall have the right to change (i) its rate card on 14 days written notice sent to the Buyer and/or (ii) the mechanical details at any time. The Publisher will be entitled to vary or apply differing rates, specification or details commensurate with the format of the magazine. Save as provided for herein the contract, which incorporates these standard conditions, does not create any right enforceable by any person not party to it.
9. The Advertiser must give a minimum of one month’s notice prior to the proposed date of distribution if they wish to stop or cancel an advertisement. A stop number will be given that will be the Advertiser’s responsibility to keep a record of. The Publisher shall not be bound by a stop order or cancellation or transfer of the advertisement unless it meets the notice requirement as specified previously, and any such instruction otherwise than prior to the deadline therefore shall not (even though it be followed by the Publisher) affect the Buyer’s liability for payment for the advertisement. The Publisher may treat as a cancellation the fact that the Buyer is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or is otherwise in breach of any of these conditions.
10. In the absence of any other specific arrangement between the Publisher and Buyer, payment in respect of the advertisement (including any associated production, late copy and box number charges) is due in advance of publication except where the Publisher has agreed to allow credit to the Buyer, in which case the due time for payment shall be no later than the 30th day following the date of the publishers invoice issued on or after the date on which the advertisement appeared. Full details of each remittance are to be supplied to the Publisher by the due time. Payment shall mean the receipt by the Publisher at its principal place of business (or as it may direct) of cash or cheque or at its bank of moneys transferred electronically. The Publisher reserves to itself a right to recharge the Buyer any charges it incurs resulting from the Buyers chosen method of payment.
12. Although the Publisher makes every effort to render invoices in the ordinary course, payment for the advertisement shall be made as aforesaid whether or not the Buyer shall have
(i) received the Publisher’s invoice or (ii) provided the Publisher with an order number at the time the advertisement was booked.
13. There is no obligation on the Publisher to supply voucher copies or tearsheets and their absence shall not affect the Buyer’s liability for the agreed charge.
14. The Buyer agrees to pay the Publisher in respect of each advertisement for which payment is not made by the due time interest on the amount paid late at the rate of 4% above the base rate of Barclays Bank plc, accruing from day to day (including the day on which payment was due) both before and after judgement. Any such additional charge is payable within seven days following delivery of the Publisher’s invoice particularising it.
15. It is the responsibility of the Buyer to check the correctness of the advertisement (and of each insertion of the advertisement if more than one). Without prejudice to condition 7, the Publisher assumes no responsibility for the repetition of an error in an advertisement ordered for more than one insertion unless notified immediately the error occurs. Any other matter of complaint, claim or query (whether in relation to the advertisement or the invoice) must be raised with Publisher in writing within seven days of when (as the case may be) the Buyer is informed that the insertion of the advertisement is not going to be on any previously anticipated date or of the receipt by the Buyer of the invoice giving rise to it. The publisher’s liability for the printing of the advertisement is hereby excluded to the fullest extent permitted by law. In addition it is expressly agreed that the Publishers total liability at any time shall be limited to, at the Publishers sole discretion, either (i) the Publishers best endeavours to arrange for the advertisement to be placed in a like publication as soon as is reasonably practicable and at the Buyers cost, or (ii) £100 or (iii) where appropriate and without prejudice to the Publisher’s entitlement to be paid for the advertisement as published a sum representing a reasonable proportion of the charge agreed at the time the advertisement was booked, the giving credit for the Publisher’s charge for the publishing of the advertisement for a second time at any time in the future without charge. Such complaint, claim or query shall not affect the liability of the Buyer for payment by the due time of the Publisher’s charges for that and all other advertisements. Once any dispute in respect of any advertisement has been resolved, payment (defined as in condition 9) for that advertisement will, if the original due date has then already passed, be due within three working days.
16. While all reasonable endeavours will be made as soon as possible after receipt by the Publisher to forward to the Buyer or as it may direct any replies to box numbers, the Publisher accepts no liability in respect of any loss or damage alleged to have arisen through delay in forwarding or omitting to forward such replies.
17. The Buyer will fully indemnify the Publisher and agrees to keep it fully indemnified against (i) all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever and howsoever arising directly or when reasonably foreseeable and (ii) any loss or liability sustained by the Buyer and/or the Advertiser including but not limited to any economic loss, loss of profits, liability to any third party or loss of opportunity as a result of any breach or non-performance of any of the representations, warranties or other terms herein contained or implied by law.
18. No waiver or indulgence in whole or in part by the Publisher shall be effective save in relation to the matter in respect of which it was specifically given. In complying with these standard conditions the Buyer and/or the Buyer for and on behalf of the Advertiser may wish to consider taking out appropriate insurances. The Publisher shall have not have any liability howsoever arising in respect of any delay or inability in carrying out any of its obligations under this contract caused beyond the reasonable control of the Publisher and the Publisher has the right in such circumstances to either terminate the contract or extend the time period for the publishing of the advertisement to such time as the Publisher may direct.
19. These standard conditions shall apply to each contract for the insertion of an advertisement together with such additional relevant conditions as are set out elsewhere in the current Publisher’s rate card and in the event of any variations or inconsistency between these conditions and other such conditions, these conditions shall prevail. The Buyer hereby agrees that these standard conditions are reasonable in form and extent. Where any court or competent authority or jurisdiction deems any provision invalid or unenforceable the remaining provisions shall remain in full force and effect.
20. The quote and these standard conditions constitutes the entire understanding and agreement between the parties. This contract shall be construed under and governed by the law of England and the parties hereby irrevocably agree that the courts of England shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or in relation to this contract or breach thereof.
21. As parts of its normal business procedure the Publisher reserves the right to make searches and/or other enquiries about the Buyer using the services of credit reference agencies. The Buyer hereby acknowledges that such enquiries may be made and that agencies may well keep copies of the searches that will be shared with other businesses.
22. The placing of an order for the insertion of an advertisement shall amount to an acceptance of these conditions and any conditions stipulated on an order form or elsewhere by the Buyer shall be void insofar as they are inconsistent with these conditions.
23. In the case of any advertisement placed by the Buyer the advertiser and the Buyer shall each be a party to the contract in respect of the insertion of such advertisement and shall be jointly and severally liable to the Publisher in respect of all matters arising under the contract. The Buyer shall be responsible for making the Advertisers aware of such liability and shall be deemed in all circumstances to be the agent of the Advertiser.
24. Modern & Mature Limited will use the information you provide in accordance with the Data Protection Act 1998 when inserting an advertisement to contact you via mail or telephone, about special advertising rates and features that we may offer from time to time.
Please contact Modern & Mature with any queries.