These Conditions of Acceptance apply to all advertising, sponsorship, content, digital services and related orders (“Orders”) placed with the Publisher. By placing an Order, the Advertiser agrees to be bound by these Conditions in full. No variation or amendment shall be effective unless agreed in writing and signed by a duly authorised senior representative of Astor Media Limited.
1. Acceptance and Publication Rights
1.1 The Publisher reserves the absolute right, at its sole discretion and without obligation to provide reasons, to refuse, cancel, amend, withdraw, suspend or otherwise deal with any advertisement, content or service submitted for publication at any time.
1.2 All advertising copy and materials must comply with all applicable laws, regulations and codes of practice, including but not limited to the British Code of Advertising Practice, and any guidance issued by relevant regulatory bodies.
1.3 The Publisher shall not be liable for any loss, damage, cost or expense (whether direct, indirect or consequential) arising from:
- any error, omission, misprint or inaccuracy in an advertisement;
- any alteration to the format, positioning or timing of publication; or
- any failure, delay or suspension of publication for any reason whatsoever.
1.4 Where late publication or failure to publish arises as a result of any act or omission of the Advertiser or its employees, contractors or agents, the full charge for the space or service booked shall remain payable in full. Any omission or suspension will be notified to the Advertiser as soon as reasonably practicable.
2. Indemnity and Warranties
2.1 The Advertiser warrants and represents that:
- it has full authority to place the advertisement;
- the advertisement does not infringe any intellectual property rights, data protection rights or other rights of any third party;
- the advertisement is not misleading, defamatory, obscene, unlawful or otherwise actionable; and
- all claims, statements and representations contained within the advertisement are true, accurate and capable of substantiation.
2.2 The Advertiser shall fully indemnify and keep indemnified the Publisher against all losses, liabilities, damages, claims, demands, proceedings, costs and expenses (including legal costs on a full indemnity basis) arising directly or indirectly from the publication of the advertisement or from any breach of these Conditions.
3. No Automatic Renewal
3.1 The placing of an Order does not confer any right to renewal or continuation on the same or similar terms.
4. Rates and Contract Amendments
4.1 The Publisher reserves the right to revise advertisement rates and/or amend contractual terms relating to space, format or frequency at any time.
4.2 Where such changes materially affect an existing contract, the Advertiser may cancel the unperformed balance of the contract without penalty, provided written notice is given within a reasonable period following notification of the change.
5. Cancellations, Stop Orders and Transfers
5.1 The Publisher reserves the right to refuse stop-orders, cancellations or transfers unless received in writing within the following minimum notice periods:
- Print advertising:
- Black & white advertisements: not less than six (6) weeks prior to insertion
- Colour advertisements: not less than two (2) months prior to insertion
- Cover advertisements: not less than three (3) months prior to insertion
5.2 Online advertising:
- Cancellation less than thirty (30) days prior to the serving of the first impression will incur a charge of 50% of the total Order value.
- Cancellation after the first impression has been served will incur a charge of 100% of the total Order value.
5.3 Where the Advertiser cancels the balance of a contract (other than under clause 4.2), any unearned volume discounts shall be withdrawn and surcharged. The Publisher reserves the right to surcharge where contracted insertions are not completed within the agreed period.
6. Inserts and Supplied Materials
6.1 Where the Advertiser undertakes to supply inserts or materials which have been approved by the Publisher, the Publisher reserves the right to charge in full at the contracted rate if such materials fail to arrive at the agreed time and location.
7. Force Majeure
7.1 Neither party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, fire, flood, war, civil unrest, strike, lock-out, trade dispute, legislation, governmental action or failure of utilities or communications networks.
COPY, PROOFING AND MATERIALS
8.1 Advertising copy must be supplied by the Advertiser without request from the Publisher. Where copy instructions are not received by the specified copy deadline, the Publisher reserves the right to repeat the last advertisement used or to publish no advertisement at all, at its discretion.
8.2 The Publisher accepts no responsibility for changes to copy, dates or placement unless confirmed in writing and received in sufficient time to be implemented. Any additional costs incurred may be charged to the Advertiser.
8.3 All copy must comply with the Publisher’s technical and production specifications. Any additional work required as a result of non-compliant materials may be charged.
8.4 Proofs will be supplied only if requested and provided that copy is received no later than two (2) weeks before the stipulated copy date. The Publisher reserves the right to charge for proofing costs.
8.5 One voucher copy will be supplied for each published advertisement.
8.6 The Advertiser is solely responsible for insuring all artwork, copy and materials supplied. The Publisher accepts no liability for loss or damage to such materials.
8.7 The Publisher may destroy any artwork or materials remaining in its possession for three (3) months without instruction, without further notice to the Advertiser.
PAYMENT OF ACCOUNTS
9.1 All credit accounts are strictly net and payable within the agreed payment terms, or where none are specified, within fourteen (14) days from the invoice date.
9.2 Invoices will be raised on the date of publication or the date the agreed service is provided.
9.3 The Publisher reserves the right to suspend or cancel further advertisements or services if any invoice remains unpaid after the due date.
9.4 Interest may be charged on overdue accounts at a rate of 4% per annum above the prevailing Bank of England base rate, calculated daily.
9.5 Failure to pay in accordance with these terms may result in advertising agencies being liable for a reduction or withdrawal of any commission or discount otherwise allowed.