Vitesse Media Plc: Terms and Conditions - Print and Electronic Advertising
1. While every endeavour will be made to meet the wishes of Advertisers, the Publisher does not guarantee the insertion, the position, or the colour of any particular advertisement.
2. The Publisher does not accept responsibility for any loss or damage caused by (a) an error, inaccuracy or omission in the printing of the advertisement: (b) for any failure to publish an advertisement on the date or dates specified by the Advertiser: (c) for the publication of an advertisement on the date or dates specified by the Advertiser whether the actual date be earlier or later than the date or dates specified.
3. The Publisher reserves the right to omit, suspend, or change the position of any advertisement, even if it has already been accepted for publication.
4. The Publisher reserves the right to make any alteration it considers necessary or desirable in an advertisement and to require artwork or copy to be amended to meet its approval.
5. The Advertiser shall be responsible for checking an advertisement on each occasion that it is published. If the Company is shown to have made an error or inaccuracy in the insertion of or omission to insert any advertisement it shall make a refund or adjustment to the cost of the advertisement at a rate agreed between the Company and the Advertiser. No refund or adjustment will be made if the error or inaccuracy does not materially affect the cost or detract from the advertisement.
6. The Publisher reserves the right to require sixty clear days notice of cancellation of any order or unexpired part of an order, or in the case of an advertisement which by reason of its position is chargeable at a premium rate, not less than twenty-eight clear days notice before the insertion or the next insertion on payment of the difference (if any) between the rates for the series specified in the order and the usual price for the series of insertions which has appeared when the order is stopped. Cancellations must be made in writing. A fee equivalent to the cost of the package will be incurred upon late cancellation.
7. The Publisher reserves the right to increase advertisement rates at any time or to amend the terms of contract as regards space or frequency of insertion. In such event the Advertiser has the option of cancelling the balance of the contract without surcharge. If the Advertiser cancels the balance of a contract, except in the circumstances stated all unearned series discounts will be surcharged. The Publisher reserves the right of surcharge in the event of insertions not being completed within the contractual period.
8. Credit accounts are strictly net and unless by prior agreement will be pre-paid. Where credit agreement exists our terms are that our account must be settled within 30 days of the date of the advertisement. If the account is overdue, the Publisher reserves the right to suspend insertions. The publisher reserves the right to charge an additional 1.5% interest for overdue invoices that have exceeded the agreed payment terms.
9. The Advertiser/Advertising Agency agrees to indemnify the Publisher in respect of all costs, damages, or other charges falling upon the Publisher as the result of legal actions or threatened legal actions arising from the publication of the advertisement, or any one or more of the series of advertisements, published in accordance with the copy instructions supplied to the Publisher in pursuance of the Advertiser's/Advertising Agency's order. In any case where a claim made against the Publisher is used in litigation and the Advertiser/Advertising Agency may ultimately be liable under the terms hereof, notice in writing shall be given to the Advertiser/Advertising Agency, and consultation shall take place before any expense is incurred or the claim is settled or the case is defended or otherwise disposed of.
10. Copy must be supplied without application from the Publisher. In the event of copy instructions not being received by the copy date the Publisher reserves the right to repeat copy last used. The Publisher cannot accept changes in dates of insertion unless these are confirmed in writing in time for the change to be made. The Publisher reserves the right to charge for any additional expense involved in such changes.
11. The placing of an order for the insertion of an advertisement shall amount to an acceptance of the above conditions and any conditions stipulated on an Agency's order form or elsewhere by an Agency or an Advertiser shall be void insofar as they are in conflict with them.
12. Refunds cannot be given on cancellations of advertisements which have already been published in any of our publications or on our Internet Web site.
13. If there is any conflict between these terms and specific terms appearing elsewhere on any Vitesse Media Media Ltd information, then the latter shall prevail.
14. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
15. These terms shall be governed by and interpreted in accordance with the laws of England and Wales.