Magazine: Advertising Terms & Conditions/Advertising Standard Conditions of Acceptance

General

The following conditions apply to the placing of an order for insertion of advertisements for any of the ‘SpotLight on’ group of magazines electronic or printed publications.

SpotLight On magazines are a copyright registered trading name owned by Winterburn Media Ltd. (Winterburn Media).

Definitions:

  1. ‘Advertiser’ means a person or company making a booking otherwise than through or by means of an Advertising Agent or Agency.
  2. ‘Advertising Agent’ or ‘Agency’ means a person or company carrying on the business involving the selection and purchase of advertising space and/or time for persons wishing to advertise.
  3. ‘Advertising Copy’ means advertising text, content or artwork intended for reproduction in the ‘SpotLight on’ group of magazines electronic or printed publications as an advertisement.
  4. ‘Contract’ means the agreement between Winterburn Media and the Advertiser and/or Advertising Agent or Agency for the publishing or broadcast of the advertisements, which is governed by these terms & conditions.
  5. ‘Advertisement’ means any page or part thereof containing graphics or text put forward by the Advertiser for publication in the ‘SpotLight on’ group of magazines electronic or printed publications pursuant to the Contract.
  6. For the purpose of these terms and conditions, all references to the Advertiser shall, unless the context otherwise requires, be construed as references to the Advertising Agent or Agency where the agreement is entered into by an Advertising Agent or Agency on behalf of a third party.

ACCEPTANCE OF TERMS AND CONDITIONS

  1. By placing an order with Winterburn Media for publishing or broadcast on the website, the Advertiser is deemed to have accepted these Terms & Conditions.
  2. No terms and conditions other than those set forth herein or any variation thereof shall be binding upon Winterburn Media or the Advertiser unless it is in writing and signed by authorised representatives on behalf of Winterburn Media and the Advertiser.
  3. Winterburn Media do not guarantee the success of any Advertisement or series of Advertisements which it which publishes or transmits on its website and will accept no liability for the commercial failure of any Advertisement(s).

ACCEPTANCE OF ADVERTISEMENTS

  1. An advertisement will be transmitted only if it is approved by Winterburn Media and complies with all applicable laws, rules and regulations, and any industry codes or rules (by which Winterburn Media and the Advertiser may be bound) that are in force at the time of publication or transmission.
  2. Advertisement Copy, together with any instructions pertaining thereto, must be submitted in advance of the scheduled publication or transmission for provisional approval by Winterburn Media.
  3. Every care is taken to avoid mistakes but Winterburn Media cannot accept liability for any errors due to third parties, subcontractors or inaccurate copy instructions.
  4. Cancellation of an advertisement or insertion in a printed publication, other than as described above, must be notified to Winterburn Media in writing at least 21 days prior to the Copy Date for the relevant issue. Should the Advertiser fail to meet this condition then he will be required to pay for the space reserved at the agreed rate, notwithstanding that the advertisement has not been published, and the space will be used by Winterburn Media for another purpose.

ARTWORK, MATERIALS AND PROPERTY LIABILITY

  1. Where requested to assist in the production of advertiser artwork, Winterburn Media retains the right to charge advertisers for the time and expertise used in producing this artwork whether or not this is subsequently actually used in the Publications. The normal charge for straightforward layout work is £25 plus vat which will be added to the relevant advertisement invoice. Reworks to existing artwork will be charged at the same rate.
  2. More in depth artwork advice is also available and must be requested at least 5 days before any relevant artwork deadline. In these cases charges will be reasonable and will be agreed in advance and will similarly be added to the relevant advertisement invoice.
  3. Winterburn Media reserves the right to waive artwork layout/design charges.
  4. Whether or not a charge has been made, such advertiser artwork produced by Winterburn Media remains the property of Winterburn Media. Subsequent reproduction of the artwork in any other publications or printed material is therefore not permitted in any circumstances unless prior written approval is obtained from Winterburn Media. Where such a request is made, approval would normally be given subject to a per reproduction fee of £50 plus vat, which again may be waived at the discretion of Winterburn Media.
  5. In the event that any artwork is reproduced without the permission of Winterburn Media, Winterburn Media reserves the right to charge the above fees as a recompense.
  6. Winterburn Media will make every reasonable effort to allow an advertiser the opportunity to review and approve advertisement artwork produced by Winterburn Media but reserves the right to proceed to publish such artwork if the advertiser is unavailable or does not respond before the agreed deadlines. Winterburn Media will not be held responsible for any errors contained in such artwork not approved by an advertiser where deadlines were missed.
  7. Whilst every reasonable care will be taken in respect of advertising material or artwork, Winterburn Media cannot accept liability for the delay in delivery, loss or damage thereof, whether on the premises of Winterburn Media or in transit and whether or not such advertising material or artwork is supplied to Winterburn Media and however the said delay in delivery, loss or damage is caused.

ACCOUNTS/PAYMENTS

  1. All advertisement bookings must be accompanied with valid credit or debit card details for payment of the relevant advertisement. Payments will be taken by Winterburn Media up to three weeks prior to the issue date of the relevant Issue. Payments for series bookings will be taken monthly as the payment falls due.
  2. Any deviation from these arrangements must have the explicit agreement of Winterburn Media.
  3. Any payments made via BACS or cheques must be sent immediately upon receipt of the relevant invoice. Terms of payment where payments are made by BACS or cheques is ʻby returnʼ unless otherwise agreed by Winterburn Media.
  4. Any credit accounts must be authorised by Winterburn Media in writing in advance.
  5. Any default of payment under paragraphs 1, 2 3 & 4, will give Winterburn Media the right to (without prejudice to its other remedies for breach of contract) refuse to publish or place the Advertisement Copy or by seven (7) daysʼ notice in writing to terminate the Contract.
  6. In the event of any default in the above terms of payment Winterburn Media retains the right to charge late payment penalty fees equivalent to 2% per month of the outstanding amount for any period of a month where the sum is overdue or, in the event that the parties are precluded by law for establishing such rate, the maximum interest rate, permitted by applicable law, on any account or any balance of accounts remaining unpaid after the twenty fifth (25th) day of the month following the month of publication. This condition may be waived with agreement of a director of Winterburn Media.
  7. Bankruptcy Petitions may be issued for any outstanding debts.
  8. All rates published are exclusive of any value-added or other relevant sales tax and the Advertiser shall be solely responsible for any and all such taxes.

CANCELLATION

  1. All cancellations must be registered in writing to Winterburn Media no later than the 1st of the month preceding the publication month of the relevant publication and are subject to a thirty (30) % cancellation fee.

SERIES BOOKINGS

  1. Series discounts apply only to orders placed in advance and completed within one year of date of first insertion. in the event of insertions not being completed within the contractual period Winterburn Media reserves the right to charge contract breakage fees equivalent to 30% of the normal monthly amount due plus an amount equivalent to a recalculation of the rates that would have been charged if a shorter series had been booked . Winterburn Media reserves the right to waive this rule in certain circumstances agreed by a Director of Winterburn Media.

These conditions and terms of the contract shall be governed in accordance with the Laws of Scotland.