- In these conditions the following expressions shall have the following meanings:
a. The term “Advertiser”, as used in these conditions, means the party who books the space in the publication and is responsible for payment
b. The term “Publisher”, as used in these conditions means RailStaff Publications Limited
- These conditions shall apply in all advertisements accepted for publication by the Publisher. Any other proposed conditions shall be void unless incorporated clearly in written instructions and specifically accepted in writing by the Publisher.
- All advertisements are accepted subject to the Publishers subsequent approval of the copy and to the space being available.
- The copyright in all advertisements shall belong to the Advertiser or alternatively shall be the subject of a licence in favour of the Advertiser and the Advertiser herby indemnifies the Publisher against any claim, damage or expenses arising from any claim for breach of copyright in respect of any advertisement inserted in space booked by the Advertiser.
- The Publisher reserves the right to refuse, amend, withdraw or otherwise deal with all advertisements submitted to him at his absolute discretion or without explanation.
- The Publisher shall not be liable for any loss or damage consequential or otherwise by errors due to third parties, subcontractors or inaccurate copy instructions.
- The Advertiser warrants that the advertisement does not contravene any Act of Parliament nor is in any way illegal or defamatory or an infringement of any other party’s rights or an infringement of the British Code of Advertising Practice or such standards as may from time to time be set by the Advertising Standards Authority.
- The Advertiser will indemnify the publisher fully in respect of any claim made against the Publisher arising from the Advertisement. The Publisher will consult the Advertiser as to the way such claims are to be handled.
- The publisher reserves the right to increase advertisement rates at any time or to amend the terms of the contract as regards space or frequency of insertion. In such event the Advertiser has the option of cancelling the balance of contract without surcharge. If the Advertiser cancels the balance of a contract except in the circumstances of an increase in advertisement rates all unearned series discounts will be surcharged. The Publisher reserves the right to surcharge in the event of insertions not being completed within the contractual period.
- All advertisement rates quoted are gross but exclusive of VAT.
- If copy instructions are not received by the agreed date no guarantee can be given that corrections will be made and the Publisher reserves the right to publish the most appropriate copy.
- Charges additional to the advertisement rate will be made to the Advertiser for all costs incurred directly or indirectly by the Publisher as a result of artwork being provided for publication:
a. Other than in accordance with the mechanical specifications for artwork contained in the Publishers ratecard or otherwise notified to the Advertiser; or
b. After the agreed date for its submission complaints regarding reproduction of advertisements must be received in writing within one calendar month of the cover date.
- All property belonging to the Advertiser, including original artwork, is held at the owner’s risk and the Advertiser is responsible for ensuring that the same are insured against loss or damage from whatever cause. The Publisher reserves the right to destroy all artwork that has been its custody for three months from the date of its most recent publication.
- The Publisher reserves the right to refuse cancellations or transfers unless they are received not less than 6 weeks for mono advertisements and 12 weeks for colour advertisements before the relevant copy deadlines.
- The Publisher cannot accept responsibility for changes in date of insertion and copy unless these are confirmed in writing and in time for the changes to be made. The Publisher reserves the right to charge for any additional expense involved in such changes.
- Where the Advertiser has undertaken to supply inserts which have been accepted and approved by the Publisher, the Publisher reserves the right to charge the rate agreed if they fail to arrive at the agreed time and place for insertion. Furthermore, unless the Advertiser has agreed to pay any excess postage the Publisher reserves the right to withdraw the insert in the event of a higher postage rate being applied. When a publisher does refuse to accept inserts, the cost incurred in producing inserts shall be borne by the advertiser.
- Any recognised agent of the Advertiser is entitled to 10% commission of the gross rate for the advertisement in accordance with the applicable advertisement rate.
- Credit accounts are strictly net and must be settled within 30 days. If an account is overdue the Publisher reserves the right to suspend insertions and to charge interest at a rate of 1.5% per month for each month or part of a month for which an account is overdue.
- Failure by advertising agents to pay accounts in accordance with these terms and conditions will make them liable to the following reduction in any commission other allowed to agencies:
a. 3% on the gross rate where the sum owing remains unpaid one month or more after the due date.
b. A further 2% making a total of 5%, on the gross rate, where the sum owing remains unpaid one month or more after the due date.
- These conditions and all other expressed terms of the contract shall be governed and construed in accordance with the Laws of England
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