CONDITIONS OF ACCEPTANCE
In these conditions Finetime Ltd, as a publisher of magazines carrying advertising, is referred to as Finetime. The advertiser means the person or entity booking space, whether an advertising agency or client.
The publication date means the date on which public distribution of a magazine commences.
1. RATES & COSTS
(a) Rates are quoted exclusive of VAT and may be increased at any time upon 3 months written notice.
(b) If, in addition to the rates quoted in the Rate Card, the advertiser requires artwork, sketches, layout, photography of processing or other services or requirements (collectively "production work") it shall pay Finetime for the same at the cost + VAT quoted at the time of request.
(c) Copyright in any production work provided by Finetime shall remain with Finetime.
(a) Finetime must disclose the name of their clients and the nature of the advertising at time of booking. Any inaccurate disclosure or failure to disclose entitles Fnetime to reject or cancel the order.
(b) Cancellations cannot be accepted from Advertisers after 3 working days of contract date. Covers and promotions are non-cancellable. If after 3 working days Finetime agrees to a cancellation then a fee of 50% (plus VAT if applicable) of the purchase order value will be charged payable 14 days following the date of Finetime Ltd’s written permission to cancel.
(c) Orders for next or facing positions can only be accepted subject to availability at the time of going to press.
(d) The Rate Card is not an offer to contract. A contract is made only by the publisher's acceptance of the Advertiser's order and subject to the provisions of the Financial Services Act.
(e) It is the Advertiser's responsibility to notify Finetime, within seven days of receipt of any order acknowledgement, if the booking details are incorrect.
3. COPY ARTWORK & MATERIALS
(a) All copy, artwork and materials, ('Copy'), shall comply with the specifications set out on the sheet of mechanical details.
(b) If the advertiser does not provide finished Copy by the scheduled press date, Finetime is entitled but not obliged to repeat copy carried for the preceding period.
(c) Finetime is not responsible for corrections to Copy after the scheduled date.
(d) All Copy supplied by the Advertiser is held at the owner's risk and should be insured against loss or damage. It may be collected after 7 days following Publication date on the giving of reasonable notice. If it remains uncollected for 6 months, Finetime is entitled to scrap it. None of the above shall be deemed to have any value other than the cost of materials.
Payment shall be made within 7 days from the date of the invoice. If payment is not received within 7 days of the date of invoice, Finetime shall be entitled to:
- Remove the discount if such discount was given at the original order;
- Charge interest at a rate of 1.5% per week on the outstanding amount until the date of payment in full.
The Advertiser accepts that the Advertiser is a principal in law and accordingly warrants that all copy (and its constituent parts) when submitted to Finetime for production and upon publication shall:
(i) Be neither defamatory nor obscene and comply in all respects with the requirements of the British Code of Advertising Practice and other relevant industry codes.
(ii) Comply with and not contravene the requirements of any Act of Parliament, statutory instrument code of practice, or regulation promulgated there under including any law of the European Community for the time being in force or applicable in the United Kingdom and any acts, decrees, regulations or authorities in those markets in which the advertisement (and particular comparative advertising) may be accessed.
(iii) In the case of financial services, such advertising must comply with the Financial Services Act 1986 and other relevant statutes and regulations issued pursuant to statute or any regulatory body.
(iv) Not breach any contract or infringe or violate any copyright trade mark or any personal or proprietary right of any person or entity or render Finetime liable to any proceedings whatsoever where so ever.
(v) Finetime is entitled in its absolute discretion to reject or exclude any advertisement submitted or previously accepted for publication.
(vi) The Advertiser will indemnify Finetime fully in respect of any costs or damages incurred as a result of any of the warranties above.
(vii) Any complaint concerning the production or publication of an advertisement must be lodged in writing at Finetime's offices within 4 weeks of publication date. Finetime will exercise reasonable care in preparing and publishing an advertisement but if such advertisement is not published in accordance with the Accepted Order (other than through the act or default of the Advertiser) or pursuant to Finetime's rights as set out above Finetime's maximum liability shall be limited to the amount of any payment made for the advertisement. No compensation shall be payable for any error, misprint or omission which does not materially detract from an advertisement.
(viii) The Advertiser may not recharge a client for advertising space at an increased rate without Finetime's written consent.
(ix) For advertising including a sponsorship, competition or special offer the Advertiser must provide details when placing its order.
(x) These conditions shall be construed under and governed by the law of England and the parties submit to the exclusive jurisdiction of the English Courts.
(xi) Artwork is held at the owner's own risk. It may be collected 7 days after publication date. (Prior notice required). Material unclaimed after a year cannot be returned.