Relating to the Placement of Advertising
within überdog magazine
An advertisement
is accepted on the understanding that the relationship between the Advertiser
and the Publisher is governed by the conditions set out below. Unless specifically
approved in writing by the Publisher, the conditions stipulated on an Advertiser’s
order form or anywhere else shall be void.
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.
Where appropriate “advertisement” includes a loose or bound-in
insert.
The publisher reserves
the right to refuse advertisement copy where absolutely necessary
The publisher reserves
the right to amend advertisement copy where absolutely necessary
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 by Clause 4 above, the Publisher will either
re-insert the advertisement or adjustment will be made 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 (a) the amount of a full refund of any price paid to the Publisher
for the advertisement in connection with which the liability arose (however,
where inserts are lost or damaged, the Publisher may also be liable for a
proportion of the production costs) or (b) the cost of a further or corrective
advertisement of a similar type to the advertisement in connection with which
the liability arose.
Any complaint concerning the reproduction or positioning of an advertisement
must be lodged in writing within 10 days of the publication to the Sales manager.
The publisher cannot
accept liability for any errors due to inaccurate copy instructions. 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 the agents. The Publisher
reserves the right to charge studio time at £50.00 per hour for ’
excessive’ copy amendments.
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, face to face,
and electronic space bookings are subject to the same conditions as written
orders. The Advertiser is required to supply a written confirmed order as
far in advance as possible and without fail within 2 days of the initial booking.
The Advertiser, where
an agency, may not recharge a client for space at an increased rate, unless
with the Publishers written consent.
Copy deadline 16th of
the Month prior to publication for the magazine, website. 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.
Credit terms are strictly
30 days from date of invoice. The Publisher reserves the right to discontinue
credit if the account is deemed to be overdue.
If an advertiser cancels
the balance of a contract the Advertiser relinquishes any right to the series
discount to which the Advertiser was previously entitled and the Publisher
reserves the right to re-invoice for discounts applied to date under the terms
of the contract.
Cancellations: For colour
advertisements cancellations will not be accepted within 4 weeks of the publication
date (‘the cancellation period’) and 3 weeks for mono. The cancellation
must be requested in writing to the SALES MANAGER, however the publisher does
reserve the right to levy a cancellation charge up to the full price of the
advertisement where the cancellation of booking will effect a material loss
to the company.
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 ,
consequential or otherwise ,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.
The copyright on artwork/copy
contributed to an advertisement by the Publisher shall be vested in the Publisher.
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 six months from the
date of its last appearance.
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, lock-out, 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 N.Ireland.
