All advertisements are accepted subject to the standard conditions of insertion set out below.
1. In these terms,
(a) "Publisher" means Radge Media LTD, publisher of The Skinny and Fest magazine (including any supplement or magazine) or Internet websites such as those at www.theskinny.co.uk and www.festmag.co.uk (or additional branded digital platforms) in which the advertisement is to appear or has appeared;
(b) "Buyer" means the person placing the order to insert the advertisement, whether such person be the advertiser of the product service (the "Advertiser") or the Advertiser's advertising agency or media buyer;
(c) an “advertisement’’ means matter to be printed on the page, separately inserted or reproduced as a copied cutting or delivered from the appropriate website or branded digital platform.
(d)the “rate card’’ means the Publisher’s rate card in effect for the time being and may include, among other matters, its scale of advertisement rates, technical specifications, copy and cancellation deadlines and setting styles, and standard conditions.
2. The Buyer warrants that:
(a) in relation to an advertisement the Buyer contracts with the Publisher as a principal not withstanding that the Buyer may be acting directly or indirectly for the Advertiser 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 condition 3 will not breach any contract or infringe or violate any copyright, trademark 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, true and permits the reproduction of the advertisement as a copied cutting;
(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 any copy by which any living person is or can be identified the Buyer or the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy;
(e) in relation to any investment advertisement, the Advertiser is, or its contents have been approved by, an authorised person within the meaning of the Financial Services and Markets Act 2000 or the advertisement is otherwise permitted under that Act;
(f) the advertisement complies with the requirements of all relevant legislation including subordinate legislation, the rules of statutorily recognised regulatory authorities and the law of the European Union for the time being in force or applicable in the United Kingdom; and
(g) 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.
3. The Publisher may, without derogation from the warranties contained in condition 2, refuse or require to be amended any artwork, materials and copy for or relating to an advertisement so as (i) to comply with the legal or moral obligations placed on the Publisher or the Buyer or the Advertiser; or (ii) to avoid infringing a third party’s rights, the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority or the production and quality specifications stipulated or referred to in the rate card.
4. The Publisher has the right at its discretion to decline to publish, or to omit, suspend or change the position of, any advertisement otherwise accepted for insertion. However, the Publisher will use reasonable efforts to comply with the wishes of the Buyer although it does not warrant the date of insertion, the wording, or the quality of the colour or mono reproduction of the advertisement.
5. The Publisher cannot guarantee that an advertisement will not appear in the same issue as another advertisement for a similar or the same product. No refunds will be given in such instances.
6. The Publisher will not be liable for any loss of copy, artwork, photographs or other materials, which the Buyer warrants that it has retained in sufficient quality and quantity for whatever purpose.
7. Where the Buyer is the Advertiser’s advertising agency, the Buyer warrants that it is authorised by the Advertiser to place the advertisement with the Publisher and the Buyer will indemnify the Publisher against any claim made by the Advertiser against the Publisher arising from the publication thereof.
8. The Publisher shall have the right to change its scale of advertisement rates, technical specification, magazine specification and/or mechanical details at any time and shall be entitled to vary or apply differing rates, specification or details commensurate with the format of the magazine. Save as provided for herein the contract which incorporates these terms and conditions does not create any right enforceable by any person not a party to it.
9. The Publisher shall not be bound by a stop order or cancellation or transfer of the advertisement unless it meets the requirements specified on the rate card, and any such instruction otherwise than prior to the deadline therefore shall not (even though it be followed by the Publisher) affect the Buyer’s liability for payment for the advertisement. The Publisher may treat as a cancellation the fact that the Buyer 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 conditions.
10. In the absence of any other specific arrangement between the Publisher and the Buyer, payment in respect of the advertisement (including any associated production, late copy and box number charges) is due in advance of publication except where the Publisher has agreed to allow credit to the Buyer, in which case the due time for payment shall be no later than 30 days after the date of publication.
Payment shall mean the receipt by the Publisher at its principal place of business (or elsewhere as it may direct) of cash or a cheque or at its bank of moneys transferred electronically or through the clearing banks’ giro credit system. The Publisher reserves to itself a right to recharge the Buyer any charges it incurs resulting from the Buyers chosen method of payment.
11. Although the Publisher makes every effort to render invoices in the ordinary course, payment for the advertisement shall be made as aforesaid whether or not the Buyer shall have (i) received the Publisher’s invoice or (ii) provided the Publisher with an order number at the time the advertisement was booked.
12. The publisher will reasonably endeavour to furnish the buyer with voucher copies or tearsheets at proof of discharge of duty. However, there is no obligation on the Publisher to supply these voucher copies or tearsheets and their absence shall not affect the Buyer’s liability for the agreed charge.
13. The Buyer agrees to pay to the Publisher in respect of each advertisement for which payment is not made by the due time a 30% surcharge after 30 days. If payment has not been made within 30 days of the publication date, the matter will be referred to Radge Media Ltd's chosen debt collection agency and after 90 days onward to legal counsel. Any such additional charge is payable within seven days following delivery of the Publisher’s invoice particularising it.
14. It is the responsibility of the Buyer to check the correctness of the advertisement (and of each insertion of the advertisement if more than one). Without prejudice to condition 7, the Publisher assumes no responsibility for the repetition of an error in an advertisement ordered for more than one insertion unless notified immediately the error occurs. Any other matter of complaint, claim or query (whether in relation to the advertisement or the invoice) must be raised with the Publisher in writing within seven days following (as the case may be) insertion of the advertisement or of the date on which it is claimed the advertisement should have appeared or of the receipt by the Buyer of the invoice giving rise to it. Without prejudice to the Publisher’s entitlement to be paid for the advertisement as published a sum representing a reasonable proportion of the charge agreed at the time the advertisement was booked, the Publisher’s liability is limited to a maximum at its option of giving a credit for its charge for the advertisement or (in an appropriate instance) of publishing the advertisement for a second time without charge. Such complaint, claim or query shall not affect the liability of the Buyer for payment by the due time of the Publisher’s charges for that and all other advertisements. Once any dispute in respect of any advertisement has been resolved, payment (defined as in condition 9) for that advertisement will, if the original due date has then already passed, be due within three working days.
15. In the unlikely event of failure to print, the publisher will refund the buyer the full monetary amount, including any VAT payments made, of any outstanding liabilities arising out of this agreement within 30 days of the scheduled publishing date.
16. The Buyer will indemnify the Publisher and agrees to keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or reasonably foreseeably as a result of any breach or non-performance of any of the representations, warranties or other terms herein contained or implied by law.
17. These conditions shall apply to each contract for the insertion of an advertisement together with such additional relevant conditions as are set out elsewhere in the Publisher’s rate card and in the event of any variations or inconsistency between these conditions and such other conditions, these conditions shall prevail.
18. If any provision of these terms is held to be void or unenforceable in whole or in part, these terms shall continue to be valid as to the other provisions and the remainder of the affected provision. No waiver by the Publisher shall be effective except in relation to the matter in respect it was specifically given.
20. The contract which incorporates these conditions shall be construed under and governed by the law of Scotland and the parties hereby irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or in relation to this contract or breach thereof.
22. The placing of an order for the insertion of an advertisement shall amount to an acceptance of these conditions and any conditions stipulated on an order form or elsewhere by the Buyer shall be void insofar as they are inconsistent with these conditions.
23. In the case of any advertisement placed by an advertising agency and/or the media buyer, the Advertiser, the Advertiser’s advertising agency, and/or the Advertiser’s media buyer shall as applicable each be a party to the contract in respect of the insertion of such advertisement and shall be jointly and severally liable to the Publisher in respect of all matters arising under the contract. The Advertiser’s advertising agency and/or the Advertiser’s media buyer shall be responsible for making the Advertisers aware of such liability and shall be deemed in all circumstances to be the agent of the Advertiser.