Terms And Conditions For Advertisers
1. All Advertisements accepted for publication by Point Graphics Limited (‘PGL’) in any of its print or online publications are accepted subject to these terms and conditions.Any other conditions proposed by the Buyer shall be void unless accepted by PGL in writing.
2. In these conditions:
“Advertiser” means the person whose goods or services are advertised;
“Advertisement” means display, online, email and our printed advertising medium and shall include inserts, supplements and re-directed advertisements;
“PGL” means Point Graphics Limited and their representatives.
“Buyer” means the person placing the order for the insertion of the Advertisement;
“Medium” means the print publication taking the booking.
“PGL Site” means the PGL website(s) onto which an Advertisement may apear.
3. All Advertisements are accepted subject to space being available in our printed advertising medium.
4. PGL reserves the right to cancel any order without liability in the event of becoming aware of any meetings of creditors, bankruptcy, liquidation proceedings, the appointment of a receiver or administrative receiver over the whole or substantial part of the Buyer’s assets, or any indication whatsoever of financial difficulties.
5. These conditions and all other express terms of the contract between PGL and the Buyer shall be governed and construed in accordance with the Laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
The Buyer agrees at all times in its conduct of business with or on behalf of PGL strictly to comply with all applicable laws, ordinances, codes, regulations and standards.
Buyer and its officers, directors, employees and agents shall engage only in legitimate business and ethical practices in commercial operations and in relation to its dealings with any employee or officials of above. Neither Buyer nor any of its officers, directors, employees or agents shall pay, offer, give, promise or authorise the payment, directly or indirectly, of any monies or anything of value to any commercial contact for the purpose or intent to induce such person to use his/her authority to help the Buyer, PGL, and/or any affiliate of PGL for personal gain.
Buyer to contract as Principal
6. The Buyer warrants that the Buyer contracts with PGL as principal notwithstanding 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. Where the Buyer is the Advertiser’s advertising agency, the Buyer warrants that it is authorised by the Advertiser to place the Advertisement with PGL.
Delivery and Ownership of materials
7. Materials delivered must conform to PGL’s specifications. PGL reserves the right to charge the Buyer for work it required to amend materials to conform to its specifications but accepts no liability for such work.
8. Any intellectual property rights in designs prepared by PGL shall remain the property of PGL and Advertisements including such designs may not be reproduced without PGL’s consent.
9. If an Advertisement includes a promotion, competition or a special offer of merchandise the Advertiser must provide full details to PGL on request.
Prices and Payment terms
10. Prices published by PGL from time to time are subject to revision at any time and orders are accepted on the condition that the price binds PGL only in respect of the period specified in the applicable rate card.
11. Series discounts apply only to orders placed in advance and completed within the agreed period. If the Buyer cancels the balance of a contract to publish a series of Advertisements, except in the circumstances set out in paragraph 23, it relinquishes any series discount and all Advertisements will be paid for at the appropriate rate.
12. Prices are exclusive of applicable Value Added Tax which the Buyer shall additionally be liable to pay to PGL.
13. Credit accounts must be settled in accordance with the terms shown on the invoice, which are strictly net. In default, all outstanding transactions will become liable for immediate settlement. Interest will be charged monthly on overdue accounts at the rate of 2% above the Bank Base Rate.
Limitations on PGL’s Liability
14. Except to the extent specified in paragraph 15, PGL shall not be liable for any loss or damage suffered by the Buyer as a result of any total or partial failure (howsoever caused) of publication, distribution or availability of any Medium in which any Advertisement is scheduled to be included or for any error, misprint or omission in the printing of any Advertisement. In the event of an error or omission by PGL, which detracts materially from the Advertisement, PGL will either reinsert the Advertisement or relevant part of the Advertisement in a subsequent issue or make a reasonable refund of or adjustment to the price paid by the Buyer. No reinsertion, refund or adjustment will be made for any other error or omission or where the error or omission is the result of delivery of materials which do not comply with PGL’s specifications.
15. The total liability of PGL to the Buyer for any act or omission of PGL, its servants or agents relating to any Advertisement shall not exceed the amount of a full refund of any price paid to PGL for the Advertisement or the cost of a reasonably comparable further or corrective Advertisement. Without limiting the foregoing, PGL shall not be liable for any loss of profits or business or for indirect or consequential loss. PGL accepts no liability for the repetition of an error in an Advertisement ordered for more than one insertion unless notified immediately the error occurs. Complaints regarding reproduction of printed Advertisements must be received in writing within one calendar month of the cover date.
16. PGL accepts no responsibility for the quality of reproduction of any photograph supplied by the Buyer, its agents or servants.
Cancellation or suspension
17. Cancellation or suspension of an Advertisement by the Buyer must be received in writing by PGL within a resonable period to allow re-allocation on space.
18. PGL reserves the right to omit or suspend an Advertisement at any time for good reason, without liability to the Buyer and shall notify the Buyer as soon as possible.
Buyer’s Warranties and Indemnities
19. The Buyer warrants that the Advertisement does not contravene the British Code of Advertising Practice and is not in breach of any relevant legislation, including the Equality Act 2010, the Obscene Publications Act and any other legislation or regulation, such as those relating to the provision of Financial Services, which apply to specific Advertisers, products or services.
20. If any Advertisement submitted for publication contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or copy by which any living person is or can be readily identified, the Buyer warrants that the Buyer or the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy.
21. The Buyer will indemnify PGL from and against any claim that the Advertisement infringes the copyright, trademark or other intellectual property rights of any person or that it is defamatory or infringes any other right of any person. PGL reserves the right to withdraw and/or refuse to publish an Advertisement without liability to the Buyer if it reasonably believes that the Advertisement may make PGL or the Advertiser liable to any complaint, claim or proceedings.
22. The Buyer is solely responsible for fulfilling and dealing with any orders or enquiries relating to the goods, services or promotion to which the Advertisement relates and will indemnify and hold PGL harmless accordingly.
23. Copy must be supplied by the Buyer without application from PGL. If copy instructions are not received by the agreed date, no guarantee can be given that any agreed proofs will be supplied or corrections made and PGL reserves the right to repeat the most appropriate recent copy or omit the Advertisement. Where a layout or proof is submitted to the Buyer, it must be returned on the date specified and PGL reserves the right to publish the Advertisement in the same form as any layout or proof submitted if the layout or proof is not returned on the date specified. In any of these cases, the total price of the order will remain unaltered.
24. If, at its discretion, PGL considers it necessary to modify the space or alter the date or position of the Advertisement or make any other alteration to an Advertisement accepted for insertion, the Buyer will have the right to cancel the publication of the Advertisement if the alterations requested are unacceptable.
25. Where an Advertisement has been accepted by PGL and includes inserts PGL reserves the right to charge the full price if the inserts fail to arrive at the agreed time and place for insertion.
26. Charges will be made to the Buyer where printers are involved in extra production work owing to acts or defaults of the Buyer or the Advertiser.
27. Where an order is placed by a Buyer through an advertising agency, the Buyer will be responsible for paying the advertising agency directly for their services.
28. PGL cannot guarantee the position of any printed Advertisement. Advertisements will be placed as near as possible to the selected position as the page make-up permits. PGL reserves the right to modify the wording of any classification or trade heading in the Medium or the Advertisement.
29. Requests for cancellation or reduction of an order may be considered buy PGL but only if notified prior to the final copy date.
30. Changes in printed copy must be confirmed by the Buyer in time for the changes to be made to the Advertisement by PGL. PGL reserves the right to charge for any additional expenses involved in such changes.