Sale of Advertising SpaceSelling advertising space
So where' s your book gonna be for sale?
General business conditions for the sale of advertising space
"Advertising " means any page or part thereof containing any graphic or text submitted by the advertiser to be either reproduced or replaced on a page or incorporated into a magazine in a separate manner; "Advertiser" means an advertising service using an advertising service, or a individual, partner or firm and/or their representative who places reservations for the placement of an advertising;
"Promotional Reservation Form" means a written acknowledgement by the Company (by mail or fax) that your reservation has been received; "Promotional Text" means the text, contents or graphic advertising material designed to be reproduced by the Company as advertising; "Promotional Price" means the prices established from time to end-of-period in the Media Package; "Advertising Space" means the advertising space available on a magazine reserved by the advertiser in accordance with these Conditions;
Clause 1 of these General Business and Conditions shall be applicable to the sale by the Company of all advertising space acquired by the advertiser by phone, mail or facsimile, and these General Business and Conditions shall be applicable to any contract to the exclusion of any other term or condition which the advertiser may have established or made. If an advertiser makes a reservation for advertising space in the company's magazine by phone or by mailing or faxing a reservation sheet, this constitutes an offering.
Assumption of a reservation and conclusion of the contract shall take place on the day of the Company's advertising reservation forme. 1 Announcements are taken under the following conditions: Advertising copy must be available to the Company no later than one calendar weeks before the respective production date and the Advertiser must provide the advertising copy in the format specified by the Company in the Advertising Specifications.
There are 3 advertising spaces available. 2. The Company shall have the right, in its sole judgment, to exclude, discontinue or alter the item of acceptable advertising, and shall have the right to do so, without limitation, on the following grounds: 2 to prevent infringement of the third parties' right, the British Code of Advertising Practice and all other applicable laws under the general control of the Advertising Standards Authority.
If the Contractor determines that the advertising copy is inappropriate pursuant to paragraph 3.2, the Contractor shall inform the Client in Writing, who shall provide an alternate copy within 2 working days of receipt of the notice, unless the Client has otherwise stipulated inewriting. In the event that the alternate copy is not approved, the Contractor shall be authorised at its own option to reproduce a previously approved advertising copy or to post other appropriate materials and shall be fully reimbursed by the Client for the advertising space reserved.
The undertaking may make any amendments, modifications or cancellations of advertising copies requested by a relevant public authority, provided that the undertaking informs the advertiser before making any amendments, modifications or cancellations, to the extent reasonably possible. 6. In the case that the advertising text does not conform to the advertising specification, the Company is entitled to refuse or modify the advertising text in order to conform to the advertising specification.
3. If the company does not advertise in accordance with section 3.2, 3. 6, the Company assumes no liabilities to the advertiser for any damages or losses related to the non-publication. It is the advertiser's own responsability to verify the correctness of the advertising text.
Notwithstanding paragraph 3.2, the Company shall not be liable for any defect in the Advertisement or, in the case of more than one Advertisement, for the recurrence of any defect, unless the Company is promptly informed at the moment the defect occurred. The advertiser assures that: 4.1. 2. comply with all relevant legislation, policies, rules as well as any branch code or rule (to which the advertiser or the Company may be bound) in effect at the date of placement of the advertisement; 4.1. comply with all legal, regulatory and other requirements of the Advertiser's or the Company's business; 4.2. comply with all legal, regulatory and other requirements relating to the use of the Advertiser's or the Company's Advertiser's Advertising Materials; 4.2. comply with all legal, regulatory and other requirements relating to the Advertiser's or the Company's Advertising Materials; 4.4. comply with all relevant legal, regulatory and other requirements and comply with all relevant provisions and provisions of the Advertiser's or the Company's Advertising Materials; 4.4. comply with all relevant legal, regulatory and other requirements
4.1. the advertising does not contain any materials that are in violation of a treaty or infringes any intellectual property right, trade mark, or other right of privacy or property of any individual, or that hold the Company responsible for any claim or action of any kind In relation to any advertisement filed which contains the name or likeness (photographic or otherwise) of a live individual and/or part of a live individual and/or a copy by which a live individual is or may be identified, the advertiser has obtained the authorisation of that live individual to use that name, likeness and/or copy; 4.1.
and 5 the advertising entered is not indecent or defamatory; 4.1. 4. 2 The advertiser undertakes to hold the company harmless and hold the advertiser harmless from and against any claim, cost, procedure, claim, loss, damage or expense of any kind howsoever caused which may arise directly or indirectly as a consequence of any violation or non-performance of any representation, warranty or other condition herein included or implicit.
The Company shall charge the advertiser the advertising tariff stipulated in the Company's advertising reservation form. Except as provided in Section 5.3 below, the advertising tariff to be charged by the advertiser shall be the one stated in the Company's Media Package at the moment the Company receives the reservation, unless any rebates have been mutually negotiated in written form by the Company.
We reserve the right to modify the advertising rates at any time without prior notification. If the Company finds an incorrect pricing of the advertising space reserved by the advertiser, the Company shall inform the advertiser as soon as possible, giving the advertiser the opportunity to confirm the reservation at the right pricing or cancel the reservation.
Where the Company is not able to communicate with the Advertiser in accordance with this paragraph 5.3, the reservation shall be considered to have been canceled and, if the Advertiser has already paid for the advertising space, fully reimbursed. The Company retains the right to interest on the amount due at 2% above the basic interest of Lloyds Bank plc on a day-to-day basis in the case that payments are not made on schedule in accordance with 5.1 (for which date is material).
The advertiser has a deadline of 20 working days from the date of receipt of a reservation by the company in which he can give notice of termination. Cancellations will not be considered valid after the expiry of the 10 working day deadline from the date of the Company's confirmation of a reservation in accordance with section 2.3.
We reserve the right to reproduce previously approved advertising texts if an advertising text is not submitted by the time the advertising motif is produced and the advertiser pays the full amount for the advertising space reserved. A frequency discount given by the undertaking to the advertiser for several advertisements shall only be valid if all the advertisements provided for are placed.
If the advertiser withdraws or does not contain repeat advertising, the advertiser loses the right to the frequency discount and is calculated at the short rate. Nothing in these Conditions shall exclude or limit the Company's liabilities for loss of life or bodily harm arising out of its neglect or any other liabilities which may not otherwise be restricted or precluded by existing laws.
and notwithstanding this provision, the total liabilities of the Company (whether in a contractual, tortious or other manner) for any losses or damages shall in any case be restricted to an amount equivalent to the amount that the advertiser pays or is obliged to pay for the advertising space in relation to an occurrence or set of occurrences arising from the same provision.
Except as provided in Section 7.2 above, the Company shall not be held responsible for any breach of this Agreement, tortious act (including but not limited to negligence), pre-contract or other representation (other than fraud or neglect ) or otherwise resulting from or in any way connected with the Conditions for: any loss or damage sustained or sustained by this third parties as a result of or in any way connected with the furnishing of any thing under these Conditions.
The advertiser indemnifies the company against all claims, costs, losses, damages and/or expenses incurred by the company as a result, directly or indirectly, of the publication of the advertisement by the company in accordance with the advertiser's directions. Herewith the advertiser gives the company a world-wide license for the duplication, representation and duplication of the advertisement in the magazine.
The agency commission shall be due and payable to those advertiser with whom the Company has concluded an agreement for the brokerage of advertising transactions, provided that the advertiser can prove that Section 9.2 is fulfilled. In order to be eligible for the Agency's commission, the advertisements must conform to Sections 3 and 4 and the advertisement prices charged under Section 5.1.
The Company shall not be liable for any delays or omissions in the delivery of advertising space or in the performance of any other obligations under these Conditions if such delays or omissions are directly or indirectly attributable, in whole or in part, to any circumstance beyond the Company's reasonable control. Neither shall any default or omission by the Company to enforce any power, right or remedy under these Conditions be deemed a waiver thereof, nor shall any individual or part thereof prevent any other or further enforcement of such power, right or remedy.
All waivers must be made in written form and must be duly executed by an authorized agent of the Company. Section 6 These Rules, together with the documentation or other source mentioned in these Rules, supersedes all previous warranties and understandings between the advertiser and the company in connection with the use of this website (including the reservation of advertising space) and establishes the whole arrangement and arrangement between the advertiser and the company.