Classified Advertising Terms & Conditions - H&E naturist magazine

Classified Advertising Terms & Conditions

Posting Rules.

Classified ads are free for any Business or Trader who places a paid-for advertisement in the magazine.

Advertisements must be legal, honest and decent. Use of pornographic, distasteful, inflammatory text or images is strictly forbidden.

STANDARD TERMS AND CONDITIONS OF ACCEPTANCE FOR INSERTION OF ADVERTISEMENTS IN H&E NATURIST MAGAZINE AND WEBSITE

1. In these terms and condititions:
 a) ‘Publisher’ means Hawk Editorial Ltd
b) ‘Magazine’ means H&E naturist magazine and its associated website
c) ‘Advertiser’ means the person placing the order for the insertion of the Advertisement with the Publisher
d) ‘Advertisement’ means the material to be published on a page or separately inserted in the Magazine
e) ‘Rate Card’ means the Publisher’s rate card in effect at the date of the order of the Advertisement

2. Submission Terms
 All Advertisements are required to be submitted to the Publisher in a form that complies with the production specifications as stipulated – verbally or in writing – by the Publisher.
 It is the responsibility of the Advertiser to check the correctness of the Advertisement and the Publisher accepts no liability for any error in any Advertisement. In the event that the material submitted to the Publisher does not comply with the production specifications, the Publisher may either refuse or amend the Advertisement so as:
(i) to comply with the legal or moral obligations placed on the Publisher or the Advertiser; or
(ii) to avoid infringing the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority; or
(iii) to comply with production and quality specifications stipulated by the Publisher.
In the event that the Advertiser submits the artwork and copy referred to above to the Publisher after the stipulated copy deadline, the Publisher shall at its discretion be entitled either to:
a) reject such Advertisement, in which case it shall be deemed cancelled for the purpose of this Agreement, or
b) accept the same for inclusion in the next issue of the Magazine, or

c) repeat an advertisement previously submitted to the Publisher by the Advertiser.

3. The Advertiser warrants that:
 a) In relation to an Advertisement the Advertiser contracts with the Publisher as principal notwithstanding that the Advertiser may be acting directly or indirectly as an advertising agent or media buyer or in some other representative capacity.
b) The reproduction and/or publication of the Advertisement by the Publisher as originally submitted or as amended pursuant to clause 2 will not breach any contract or infringe or violate any copyright, trade mark or any other personal or proprietary right of any person or render the Publisher liable to any proceedings whatsoever.
c) Any information supplied in connection with the Advertisement is accurate, complete and true.
d) In respect of any Advertisement submitted for publication which 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 identified the Advertiser has obtained the authority of such person to make use of their name, representation and/or copy.
e) The Advertisement shall not be obscene or libelous and complies with the requirements of all relevant legislation for the time being in force or applicable in the United Kingdom.
f) All advertising copy submitted to the Publisher is legal, decent, honest and truthful and complies with the British Code of Advertising Practice and all other relevant codes under the general supervision of the Advertising Standards Authority.
g) The Advertiser indemnifies the Publisher and agrees to keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or reasonably foresee ably as a result of any breach or non-performance of any of the representations, warranties or other terms contained in the conditions or implied by law.

4. Copyright
 a) The copyright in all artwork, copy and other material which the Publisher or its employees or contractors has originated or re-worked shall vest in the Publisher.
b) The Advertiser hereby grants to the Publisher a worldwide
licence to reproduce, display and copy the Advertisement in the Magazine.

5. Payment Terms
Payment in respect of the advertisement shall be in the amount specified in the Rate Card and is due in advance of publication except where the Publisher has agreed to allow credit to the Advertiser. Where the Publisher has expressly agreed to give the Advertiser credit, the time for payment shall be no later than close of banking on the 30th day following the date of the invoice. Payment is strictly in respect of the Advertisement in print magazine, and the corresponding web Advertisement is a free extra. The Publisher reserves the right to remove the web Advertisement if the Advertiser is not paid up to date.

6. Cancellation
a) The Publisher shall not be bound by any notification of cancellation unless it is received by the Publisher by the stipulated copy deadline. Any cancellation instruction otherwise than prior to the copy deadline shall not affect the Advertiser's liability for payment for the Advertisement. The Publisher may treat as a cancellation the fact that the Advertiser has failed to pay any monies to the Publisher on or before the due date or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or is otherwise in breach of any of these terms and conditions.
b) Any discounts or reduced advertising rates granted by the Publisher for multiple advertisements apply only in the event that all advertisements contemplated are placed. In the event that the Advertiser cancels or does not conclude any series of advertisements, the Advertiser relinquishes the right to the discount or reduced rate and Advertisements will be charged and paid for at the otherwise applicable rate or if none is specified the full rate.

7. Limitation of Liability
Any Advertiser's complaint, claim or query other than in respect of any error covered by the provisions of clause 2 above must be raised within 28 days following the date when the Advertisement appeared or should have appeared and shall not be valid thereafter. Without prejudice to the Publisher’s right to be paid for the Advertisement: (i) in no circumstances shall the total liability of the Publisher for any error or omission exceed the charge for the Advertisement in question; (ii) any complaint, claim or query shall not affect the liability of the Advertiser for payment by the due time of the Publisher's charges for that and any other Advertisements; (iii) The Publisher shall not be liable for any indirect or consequential loss (including without limitation, business interruption and loss of profits, business, goodwill, anticipated savings, information and data) whether arising out of negligence, breach of contract or otherwise and whether or not the party was advised of the possibility of such loss by the other party or for any liability arising from the publication of any material submitted by the Advertiser; (iii) The Publisher will not be liable for any loss of copy, artwork, photographs or other materials, which the Advertiser warrants that it has retained in sufficient quality and quantity for whatever purpose it may require; (iv) Where the Advertiser is an advertising or other agent instructed by a third party, the Advertiser warrants that it is authorised by such third party to place the advertisement with the Publisher and shall indemnify the Publisher against any claims made by such third party against the Publisher arising from the publication thereof; (v) The Publisher reserves the right to destroy all artwork and other materials which has been in his custody for 12 months from the date of its last submission or appearance in the Magazine if later.

8. General
While reasonable endeavours will be made to forward to the Advertiser or as it may direct as soon as possible after receipt of the Publisher any replies to box numbers, the Publisher accepts no responsibility in respect of any loss or damage alleged to have arisen through delay in forwarding or omitting to forward such replies.
The placing of an order for the insertion of an Advertisement shall amount to acceptance of these terms and conditions to the exclusion of any other terms and conditions. No variation shall be binding unless agreed in writing.
These terms and conditions shall be construed under and governed by the laws of England and the parties submit to the exclusive jurisdiction of the English Courts.