1.
1.1 All contents of advertisements are subject to publisher’s approval. Publisher reserves the right to cancel advertisements, insertion orders, space reservations or position commitment at any time.
1.2 The positioning of advertisements is at the discretion of the publisher, except where a specifically requested preferred placement has been agreed in writing.
1.3 The Publisher may decline to publish or to omit, suspend or change the position of any Advertisement otherwise accepted for insertion in its sole discretion. However, the Publisher will use its best endeavours to comply with the wishes of the Buyer.
1.4 The Publisher may in its sole discretion reject or cancel any Advertisement at any time or may amend or require to be amended the Advertisement including but not limited to amending or rejecting the Advertisement so as to:
(a) avoid infringing any applicable laws, Trade Descriptions Act, 1968, the Sex Discrimination Act, 1975, the Business Advertisements (Disclosure) Order, 1977, third party’s rights, the British Code of regulations under the general supervision of the Advertising Standards Authority, OFCOM or other applicable body;
(b) avoid breach of these Terms; or
(c) comply with any Technical Specifications.
1.5 Advertisements of ‘non-uniform’ size. The full spectrum of advertisement sizes is depicted below. For non-uniform sizes, whose proportions cannot be easily adjusted, Hythe Life Magazine reserves the right to adjust the size, include a frame or border to ensure ‘best fit’ on the page. A media pack is available to download from www.hythelife.org.uk and a more detailed designers specification sheet is available upon request using the contact us form or by emailing editor@hythelife.org.uk.
1.5.1 (Advertisement Sizes)
Advertisement Sizes (Width) (Depth)
Inside Front Cover 180mm x 267mm
Page 2 180mm x 267mm
Inside Back Cover 180mm x 267mm
Back Cover 180mm x 267mm
Full Page 180mm x 267mm
Half Page 180mm x 129mm
1/4 Page 85mm x 129mm
Banner 80mm x 33mm
1/8 Page 85mm x 60mm
1.6 The publisher shall have not liability for any errors or omissions
1.7 The publisher shall not be liable for any cost or damages if for any reason the advertisement is not published
1.8 The Advertisement and all artwork and copy must be received by the Publisher by the advertised artwork date deadline and must comply with any Technical Specifications supplied. It is the responsibility of the Buyer / Advertiser to check the correctness of the Advertisement and the Publisher accepts no liability for any error or omission in an Advertisement.
1.9 The publisher is not liable for delay in delivery and/or non-delivery in the event of an act of God, action of government entity, fire, flood, insurrection, riot, explosion, embargo, strikes either legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown or any condition beyond the control of the publisher affecting production or delivery in any manner.
2. The agency and the advertiser will indemnify and save the publisher harmless from and against any loss or expense arising out of publication from such advertisements, including, without limitation, those resulting from claims or suite for libel, violations or rights of privacy, plagiarism and copyright infringement.
2.1. Cancellation
2.2 Cancellation of advertising space must be made in writing, a minimum of 10 days prior to the ad space closing date. Advert cancellations will not be accepted within 10 days of the advertising space closing date.
2.3 The Publisher shall not be bound by any notification of cancellation of the Advertisement unless it is in writing and received by the Publisher.
3.3 Any Series / Long term / contract agreements may not be cancelled unless payment is made in full for the complete term booked or the full rate card rate is paid for all Advertisements published to date of cancellation.
3.4 If an advertiser cancels the balance of any Insertion Order / advertising contract they relinquish any right to any series discount to which they were previously entitled and advertisements will be paid for at the appropriate rate card rate (As detailed below).
3.4.1 Standard Rate Card
Inside Front Cover £320.
Page 2 £250.
Inside Back Cover £250.
Back Cover £320.
Full Page £250..
Half Page £145.
1/4 Page £80.
Banner £60.
1/8 Page £55.
3.5. Advertisement Rates
3.6 Advertisement rates are subject to revision at any time and orders are accepted on condition that the price binds Hythe Life Magazine only in respect of the next issue to go to press. In the event of a rate increase, the Advertiser will have the option to cancel the order without surcharge or continue the order at the revised advertisement rates.
3.7 The Publishers standard rates for Advertising are as detailed in 3.4.1 and are subject to revision at any time giving 30 days written notice.
3.8 Series and discounted rates only apply if agreed in writing and are subject to these terms and conditions.
3.9. Complaints
4.0 Any complaint, claim or query (whether in relation to the Advertisement or an invoice) must be raised within seven days following the date on which the event giving rise to the complaint or query first arose. No complaint, claim or query shall affect the liability of the Buyer / Advertiser for payment by the due time of the Publisher’s charges for that and all other Advertisements.
5. Liability
5.1 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.
5.2 In no circumstances shall the total liability of the Publisher for any error or omission exceed the charge for the Advertisement in question.
5.3 The Publisher will not be liable for any loss of copy, artwork, photographs or other materials.
5.4. Copyright
5.5 The copyright in all artwork, copy and other material which the Publisher or its employees or contractors has originated or reworked shall vest in the Publisher.
5.6. Payment
5.7 The publisher shall have the right to hold any advertiser and/or its advertising agency jointly and severally liable for money due and payable to the publisher for advertising that the advertiser or its agency ordered and that was published.
5.8 Accounts must be paid on the terms indicated on the invoice. Interest will be charged monthly on overdue accounts at the rate of 8% per month on any sum not paid in full by the due date.
5.9 Any / All overdue accounts will be subject to the Late Payment of Commercial Debts Regulations 2002 (SI 2002 No 1674).
6. Agency Commissions (Including any / all third parties)
6.1 Any Advertising Agency commission is paid at the discretion of the publisher. Where agreement has been reached it is on the understanding that the Agency has accepted these conditions. We reserve the right to withhold commission where agencies persistently breach payment terms.
6.2 Waiver
6.3 No waiver by the Publisher shall be effective except in relation to the matter in respect of which it was specifically given.
6.4. Assignment / Transfer
6.5 The parties may not assign or transfer or sell any of the rights granted hereunder.
These Terms and any contracts made hereunder shall be construed and governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
The signing of a Booking Form and/or the placing of an order for the insertion of an advertisement shall amount to an acceptance of the above Terms & Conditions. Any conditions stipulated on an agency’s order form or elsewhere by an agency or a Buyer / Advertiser shall be void insofar as they are in conflict with these Terms and Conditions.