Terms & Conditions
A Legal Disclaimer
These Terms & Conditions shall apply to all orders accepted by Alchemis Communications (“the Publisher”) for advertising within the Title and Title Website.
1 | ACCEPTANCE
The placing of an order by any person, company or organisation or any advertising agency acting on behalf of such person, company or organisation (“the Buyer”) shall amount to an acceptance of these Terms and Conditions.
2 | PAYMENT TERMS
Payments are strictly net of agency commission, unless otherwise stated, and are subject to settlement in favour of the Publisher within thirty (30) days of the date in which the order is signed with VAT being charged where applicable unless alternative payment terms are stated. Where orders are booked for one or more editions, then payment for all editions is required on the specified due date for the first edition, unless alternative payment terms are stated. Overdue balances are subject to interest being charged on account of 1.5% per month (18% per annum). Unpaid accounts referred to a third party for recovery will incur collection costs. The Buyer will have no right to set-off monies owed to the Publisher. All orders are subject to approval of the Publisher.
3 | ALTERNATIVE PAYMENT TERMS
Where alternative Payment Terms are expressly stated each payment must be made on or before the agreed date and each payment must be met upon first presentation. Failure to comply will result in all outstanding amounts at the given date becoming immediately due and payable with the Publisher retaining the right to cancel the order and retain any payments paid by the Buyer.
4 | DEPOSIT PAYMENT TERMS
Where alternative Payment Terms are stated should the result of an independent credit reference on the Buyer be unacceptable to the Publisher, the Publisher retains the right at any time thereafter to demand a payment of an initial deposit equal to 30% of the order value with the payment of that deposit to be made within thirty (30) days of demand, with the remainder of the sum payable pursuant to the payment terms of the order.
5 | COPY REQUIREMENTS
The Buyer is solely responsible for the submission to the Publisher of suitable copy by the copy date and must ensure the materials comply with the Publisher’s specific requirements. If suitable copy is not received by the copy deadline, the Publisher reserves the right to repeat the copy last used. Late delivery of suitable copy after the final copy deadline will incur forfeiture of the space booked at full cost.
6 | UNACCEPTABLE COPY
The Publisher reserves the right to refuse or suspend unacceptable copy at any time and without providing justification. If such action is deemed necessary, no claim on the part of any Buyer or any other party for damages or breach of contract shall be accepted. The Publisher reserves the right to charge supplementary processing charges where advertisement copy is not supplied in accordance with the copy specifications. Should an advertisement not appear due to the act or default of the Buyer then the space allocated shall be paid for in full, notwithstanding that the advertisement has not appeared.
7 | PAGINATION
Pagination is at the sole discretion of the Publisher. Promotions will appear “run of press” unless a specific position is detailed on this order. Solus positions are not guaranteed unless detailed on this order.
8 | ADVERTISING PRACTICE
The Buyer warrants that the advertisement does not contravene any Act of Parliament in the UK, or in any other country, nor is it 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. If any claim arises against the Publisher as a result of an advertisement, the Buyer will be fully liable to indemnify the Publisher.
9 | UNFORESEEN CIRCUMSTANCES
The Publisher reserves the right to delay publication of any edition of the Title or Title Website in the event of unforeseen circumstances. Should the title be unable to be published for whatever reason, or should distribution and or the sponsoring partner for the Title change, Alchemis, at its sole discretion, reserves the right to transfer the booking into another Title published by it or another organisation in the same group, reaching a similar audience. In the event that distribution figures do not reach those stated invoice values will become payable on a pro-rata basis.
10 | ENFORCEMENT
Should any Terms within this order be determined illegal or unenforceable for any reason by a court of law then such Term shall be deemed severable from this notice and the remaining Terms shall survive and remain in full force and continue to be effective, binding and enforceable.
11 | CONTRACT
This order constitutes the final, complete and exclusive statement of the terms between the parties pertaining to the subject matter and supersedes all prior and contemporaneous understandings or agreements of the parties. This order constitutes a non-cancellable binding contract with a firm commitment to the Publisher.
12 | JURISDICTION
This order shall be governed by and construed in accordance with English Law and the parties hereto irrevocably submit to the non-exclusive jurisdiction of the English Courts in respect of any dispute on matter arising out of or connected with the agreement and the claim be heard in the London Courts.