La Dolce Vita Limited Terms and Conditions
EFFECTIVE 1 MAY 2013
In these terms and conditions, “the Advertiser” means the party booking advertising space together with any agent acting on his behalf and “the Publisher” means the La Dolce Vita Limited or the Publisher at the time of going to press.
These terms and conditions shall apply to all advertisements accepted for publication by the Publisher except insofar as shall be specifically agreed in writing by the Publisher, notwithstanding the Advertiser’s use of a confirmation, purchase order or any other document containing other terms and conditions. The Advertiser shall not be entitled to rely on any representation or warranty, express or implied, which is not contained herein.
All advertisements are accepted subject to the Publisher’s approval of the copy and to the availability of space. Effort will be made to place an advertisement in the section apparently most relevant to, or requested by, the Advertiser, but the Publisher reserves the right to make the final decision as to the position of the Advertisement even if this should mean that it does not appear in a section or position described on an advertising order.
Anything offered, specified, agreed or stated as free is offered ex gratia, and whilst the Publisher will consider the wishes of the Advertiser, the Publisher reserves the final decision whether to include the same and as to its format and wording and shall not be required to obtain the approval thereto of the Advertiser. It has no legal value and will be treated as of nil value in any legal sense.
Taxation, such as VAT will be charged at the rate prevailing at the time of invoicing. Any claim for exemption must be accompanied by documentary evidence supporting the claim.
The Advertiser warrants that the advertisement does not contravene any statute or regulations made thereunder, nor is it in any way defamatory or illegal or an infringement of any other party’s rights, or an infringement of the British Code of Advertising Practice.
The Advertiser will indemnify and keep indemnified the Publisher against any loss, costs and expenses howsoever incurred by the Publisher arising out of the advertisement or in respect of any breach by the Advertiser of these terms and conditions.
The Publisher reserves the right to omit an advertisement at any time in its absolute discretion. The Publisher shall repay to the Advertiser any sums paid to the Publisher in respect of the omitted advertisement but shall not be liable for damages of any kind.
All reasonable care will be taken to avoid mistakes but the Publisher cannot accept liability for any errors due to the acts or defaults of third parties or sub-contractors or inaccurate copy instructions or other acts or defaults beyond its control. The Publisher shall not be liable for any errors in the advertisement unless the proof is returned in ample time for corrections to be made before the publication goes to press.
The Publisher shall have no responsibility if the advertisement is not published on any agreed date. Including delays as a result of strike, lockout, fire, storm, flood, riot, explosion, breakdown of machinery or other event over which the Publisher has no control.
Statements are strictly net payable by the Advertiser without set off or deduction immediately on order.
The advertiser must supply a copy to the Publisher by the copy date. If the copy is not received by the copy or materials date, the Publisher reserves the right to insert either a previously submitted advertisement (if materials are held) or to create an advertisement using such information as is available to the Publisher at the time. The Publisher also reserves the right not to reproduce an advert if materials are not provided. In all such cases the full cost of the advertisement will be due for settlement by the Advertiser. The Publisher may also treat the Advertiser as having cancelled. If the advertisement is received after the copy date and the Publisher elects to place the advertisement no guarantee can be given that proofs will be supplied, corrections made or special or requested positions adhered to even if agreed in writing.
All insertions shall be submitted by the Advertiser by the closing date in proper “mechanical form”. Unless the Publisher receives the advertising in proper “mechanical form” (as per the mechanical data specified) from the Advertiser, or if the Publisher is required to perform additional production work as a result of the Advertiser’s failure to conform to the Publishers requirements, the Publisher reserves the right to make additional charges to the Advertisers for the cost of such production work. The advertiser must request in writing mechanical data if it does not accompany a communication confirming the order. Proofs of advertisements will only be sent on written request.
Advertiser’s property, artwork etc, are held at the Advertiser’s risk and should be insured by them against loss or damage from whatever cause. The Publisher reserves the right to destroy all artwork which has been in its possession for 6 months.
The advertiser warrants that all copy provided and images supplied or taken from the advertiser’s website are owned by the advertiser and/ or the copyright for all materials is correctly licenced to the advertiser for the purpose of advertising. The Advertiser fully indemnifies the Publisher should a copyright infringement occur.
The Publisher does not warrant any particular publication date and may delay or defer as the publisher considers fit. Nor does it warrant circulation, distribution, readership or subscription numbers as any quoted figures will be target figures as set by the marketing department.
Advertisements are accepted on condition that the price binds the Publisher only in respect of the next issue going to press.
If the Advertiser or there agents cancels the order the following cancellation charges shall apply. After the copy date: 100%; Prior to this: 75%. Notification of cancellation must be given by registered post to the company’s address. No verbal cancellations can be accepted under any circumstances.
All complaints or claims regarding advertisements published must be made in writing within 14 days following the date of publication and sent to the publishers by registered post or recorded delivery. After this time no complaint will be accepted and all monies are due.
In no event shall the liability of the Publisher for any breach of contract or in tort exceed the price agreed with the Advertiser for the advertisement in question. In no event shall the Publisher have any liability, either in contract or in tort, for any consequential loss or damage including loss of profit.
Any on line services or pages on web sites promised to clients are subject to provision of correct information by the advertiser and will only be current on the website for the stated time or a maximum of three months unless stated otherwise in writing. The advertiser is responsible for checking the content of web pages on line and no responsibility will be accepted for errors by the publishers if they fail to do this.
The publisher reserves the right to change the all aspects of the website and the magazine including design, content, layout and physical shape, size and content as they see fit.
These Terms supersede all previous agreements.
Advertising agencies will, in addition, be subject the Terms contained in Clause 18.
1. PAYMENT TERMS
(a) The date of payment is within 14 days from date of invoice. Any changes to these standard terms and conditions will be notified on the Advertising Order Form.
(b) Any invoice outstanding beyond agreed terms will be referred to our debt collection agent and will be subject to a surcharge of 10% plus VAT to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable.(c) The exercise of a query on any individual items in an account shall not affect the due date of payment of the balance of the account.
Prices are subject to a variation without notice and whilst the Publishers will endeavour to maintain quoted rates of 6 weeks for ordered advertisements, they reserve the absolute right to increase prices between acceptance of the order and publication without reference to the advertiser/advertising agency.
3. (a) Advertising copy shall be legal, decent, honest and truthful; shall comply with the British code of Advertising Practice and all other codes of the Advertising Standards Authority; and shall comply with the requirement of current legislation
(b) Submission of an advertisement is deemed to imply that the copy complies with the requirements of the Trade Description Act 1968, and the advertiser will indemnify the Publisher in respect of any claim or liability resulting from a breach of the Act.
(c) Advertisers are required to ensure that their advertisements comply with the Sex Discrimination Act 1975, and will indemnify the Publishers in respect of all liability of claim resulting from any breach of the Act. Where any advertisement implies an intention to discrimination on the grounds of sex, then the copy must be accompanied by a signed written statement as to which exemption is being claimed. The Publishers reserve the right to alter or reject any copy not accompanied by such statement. (d) Advertisers are required to ensure that their advertisements comply with the Business Disclosure Orders or Regulations made relating to, or affecting, the publication of advertisements, and will indemnify the Publisher in respect of any liability or claim arising from any breach.
(e) The Publisher reserves copyright to any graphic image published in any of its publications. Photographic or other reproduction of such an image is expressly forbidden irrespective of who holds the copyright to the original work. The copyright for all purposes in all artwork, copy and other material which the Publisher or his employees have contributed to or reworked shall vest in the Publisher.
4. The placing of an order by an advertiser, or an advertising agency on behalf of a client, constitutes an assurance that all necessary authorities and permissions have been secured in respect of the use in Advertisement(s) of pictorial representations of (or purporting to be of) living persons and of references to words attributed to living persons.
5. The advertiser and/or advertising agency agrees to indemnify the Publisher in respect of all costs, damages or other charges falling upon the magazine as a result of legal actions or threatened legal actions
arising from the publication of the advertisement, or any one or more of a series of advertisements, published in accordance with copy instructions supplied to the Publisher in pursuance of the advertisers and of advertising agency’s order. In any case where a claim is made against the Publisher is used and the advertiser or these Terms, notice in writing shall be given to the advertiser and or advertising agency of the claim.
Whilst every endeavour will be made to comply with requirements of advertisers, the Publisher does not warrant that any particular advertisement will appear in a specified issue, or at all.
The Publishers reserve the right to decide the correct classification for any advertisement.
8. Conditions attached to or contained or referred to in any order which conflict with these Terms shall be void.
9. (a) Special Requests: Special requests or preference as to position of Run of Magazine Spaces will not be accepted without further and separate agreement with the Publishers and then only at additional rates as agreed before insertion.
The acceptance of an order does not confer the right to renew on the same terms. Rates quoted are subject to revision and the right is reserved to vary terms of any further agreement.
11. QUALITY OF REPRODUCTION
The Publishers will make every endeavour to reproduce and print the advertisements to as high a quality as possible but can give no guarantee to the quality whatsoever.
(a) The Publisher reserves the right to require twenty-eight clear days notice prior to the deadline of publication of cancellation in respect of any order or unexpired part of an order.
(b) The Publisher agrees that advertising agencies may cancel any unexpired part of an order without penalty in the event of death or failure of the client, but only upon production of acceptable documentary evidence.
(c) Cancellation of Advertisements in special publications will only be accepted provided that 28 clear days notice is given prior to the publication date, or in the case of special positions 40 clear days.
13. (a) the Publishers reserves the right to cancel the order at any time by giving notice before publication (without any liability whatsoever) but in the event, the advertiser/advertising agency shall incur no loss of volume discount (if any applies)
In the event of any error, misprint or omission in the printing of an advertisement or part of an advertisement (not being a matter covered by Clause 13 of this contract) the Publisher will either reinsert the advertisement or any relevant part of the advertisement, as the case may be, or make a reasonable refund or adjustment to the cost. No re-
insertion, refund or adjustment will be made where an error, misprint or omission does not materially detract from the advertisement of which the Publisher shall be in the sole arbiter. It is hereby expressly agreed that the Publisher’s maximum liability in respect of and arising out of any
error, misprint, omission or failure to print shall not exceed:
(a) the amount of a full refund of any price paid to the Publisher for the advertisement in connection with which the liability arose.
(b) The cost of a further or corrective advertisement of a type and standard reasonably comparable to that in connection with the liability arose. Omissions or wrong advertisements will only be made up with the agreement of the advertiser/advertising agency.
15. Liability is not accepted by the Publisher for any loss or damage whatsoever to artwork which will, in any event, be destroyed 6 months after publications, unless its return is specifically requested in writing at the time of placing the order.
16. Artwork and/or separations, photographs, discs and CDs will be returned if requested but no guarantee can be given regarding quality, damage or marking of such material.
The publisher, La Dolce Vita Limited, reserves the right to increase or decrease circulation for any given publication where in publisher’s opinion the change in anticipated circulation will be in the best interests of the publisher.
18. ADDITIONAL TERMS APPLICABLE TO ADVERTISING AGENCIES (a) Commission 10% full agency service.
(b) Advertising Agencies are deemed to be incorporated in these conditions specifically extended to any personal guarantee given by request of any unsatisfactory liabilities to the Agency in the event of the Agency’s liquidation or insolvency. Such guarantee is art of the conditions of acceptance.
(c) Advertisement orders are issued by an Advertising Agency as a principal and must be on the Agency’s official order form. (when a copy instructions not constituting an official order are issued, they shall be clearly marked at the head “Copy instructions – Not an order”).
(d) Voucher copies, tear sheets or other proof of insertion, as agreed, are to be supplied to the Agency as soon as possible after publication.
La Dolce Vita Limited
138 Bromham Road
Bedford MK40 2QW
Registered in England and Wales, No 08021584
This agreement shall be deemed to have been entered into in England at the Publisher’s place of business and is subject to the application of English Law.
The above Terms and Conditions are effect for all orders received after 1 May 2013