In these conditions The Condé Nast Publications Limited as publisher of magazines carrying advertising is referred to as 'CNP'. The 'Advertiser' means the person or entity booking space whether an advertising agency or client. The 'Publication date' means the date on which a magazine comes on sale in the United Kingdom.
1. RATES AND COSTS
(a) Rates are quoted exclusive of VAT and may be increased at any time upon three months' written notice.
(b) In addition to the rates quoted in the Rate Card, if the advertiser requires artwork, sketches, layout, photography or processing, or other services or requirements (collectively 'production work') it shall pay CNP for the same at the cost plus VAT quoted at the time of request.
(c) Copyright in any production work provided by CNP shall vest in CNP.
(d) All gross advertising rates (except classified lineage and semi-display) are subject to a 0.1 per cent Advertising Standards Board of Finance surcharge, payable by advertisers to help finance the self-regulatory control system administered by the Advertising Standards Authority.
(e) Retail rates are only available to retailers who are not making references to brands, manufacturers' names or trademarked goods of any kind in their advertising save for merchandise available from a single outlet.
2. ORDERS
(a) Agents must disclose the name of their clients and nature of the advertising at the time of booking. Any mistaken disclosure or failure to disclose entitles CNP to reject or cancel the order.
(b) Cancellations cannot be accepted from Advertisers within three months of Publication date. Covers and promotions cannot be cancelled.
(c) Orders for next or facing positions can only be accepted subject to availability at the time of going to press.
(d) The Rate Card is not an offer to contract. A contract is made only by the publisher's acceptance of the Advertiser's order and, in the case of the Financial Services Act 1986, only when the copy is signed by an authorised person.
(e) It is the Advertiser's responsibility to notify CNP within seven days of receipt of any order acknowledgement if the booking details are incorrect.
3. COPY ARTWORK AND MATERIALS
(a) All copy, artwork and materials ('Copy') shall comply with the specifications set out on the Rate Card.
(b) If the Advertiser does not provide finished Copy by the scheduled press date, CNP is entitled but not obliged to repeat copy carried for the preceding period.
(c) CNP is not responsible for corrections to copy after the scheduled date, nor for key numbers.
(d) All copy supplied by the Advertiser is held at the owner's risk and should be insured against loss or damage; it may be collected after seven days following Publication date on the giving of reasonable notice. If it remains uncollected for six months CNP is entitled to dispose of it. None of the above shall be deemed to have any value other than the cost of the materials.
4. PAYMENT
Payment shall be made within 30 days of invoice.
5. GENERAL
(a) The Advertiser accepts that the Advertiser is a principal in law and accordingly warrants that all Copy (and its constituent parts) when submitted to CNP for production and upon publication shall
i. be neither defamatory nor obscene and comply in all respects with the requirements of the British Code of Advertising Practice and other relevant industry codes; and
ii. comply with and not contravene the requirements of (a) any Act of Parliament statutory instrument code of practice or regulation promulgated thereunder including any law of the European Community for the time being in force or applicable in the United Kingdom; and (b) any acts, decrees, regulations or authorities in those markets in which the advertisement (and in particular comparative advertising) may be accessed;
iii. in the case of financial advertising comply with the Financial Services Act 1986 and other relevant statutes and regulations issued pursuant to statute or by any regulatory body;
iv. not breach any contract or infringe or violate any copyright trademark or any other personal or proprietary right of any person or entity or render CNP liable to any proceedings whatsoever.
(b) CNP is entitled in its absolute discretion to reject or exclude any advertisement submitted or previously accepted for publication.
(c) The Advertiser will indemnify CNP fully in respect of any costs, damages or losses suffered by CNP arising directly or indirectly from the production or publication of an advertisement conformed with the Copy instructions and or approval given by or on behalf of the Advertiser or which is in breach of any of the warranties above.
(d) Any complaint concerning the production of an advertisement must be lodged in writing at CNP's offices within four weeks of Publication date.
(e) CNP will exercise reasonable care in preparing and publishing an advertisement but if such an advertisement is not published in acceptance with the Accepted Order (other than through the act or default of the Advertiser) or pursuant to CNP's rights under clause 5(b) CNP's maximum liability shall be limited to the amount of any payment made for the advertisement. No compensation shall be payable for any error, misprint or omission which does not materially detract from an advertisement. CNP may (subject to clause 5b above) at the Advertiser's request carry a further or corrective advertisement of a similar type and standard to the advertisement which has not been published in accordance with the Accepted Order in lieu of any monetary claim by the Advertiser.
(f) The Advertiser may not recharge a client for advertising space at an increased rate without CNP's written consent.
(g) For advertising including a sponsorship competition or special offer the Advertiser must provide all details when placing its order.
(h) These conditions shall be construed under and governed by the law of England and the parties submit to the exclusive jurisdiction of the English Courts.
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