1. General
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DIRECTORY ADVERTISING
Standard Conditions of Acceptance
1. These Conditions shall apply to all -Advertisements accepted for Publication by Reed Business Information Limited ('the Publisher') in any of its magazines, journals or other similar publications (Publications') . Any other proposed conditions shall be void unless incorporated clearly in written instructions to the Publisher and specifically accepted by the Publisher. For the purpose of these conditions:
'Advertisement' shall mean matter to be printed on. the page or separately inserted;
'Buyer' shall mean the person placing with the Publisher the order for the insertion of the Advertisement whether such person be the advertiser of the product or service promoted thereby or making the announcement therein ('the Advertiser`) or the Advertiser's advertising agency or media buyer.
2. The Buyer warrants that, in relation to an Advertisement, the Buyer contracts with the Publisher as a principal notwithstanding 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. 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.
3. All Advertisements are accepted subject to the rights of the Publisher under paragraph 6, 11, 25 and 30 to the space being available.
4. It is understood and agreed that any intellectual property rights in designs prepared by the Publisher shall remain the property of the Publisher and Advertisements including such designs may not be reproduced without the Publisher's consent.
5. If it is intended to include in an Advertisement, a competition- or a special offer of merchandise other than normally associated with the advertised product or service, full details must be submitted at the time of booking.
6. The Publisher reserves the right to omit or suspend an Advertisement at any time for good reason, in which case no claim on the part of the Buyer for damages or breach of contract shall arise. Should such an omission. or suspension. be due to the act or default of the Buyer, the Advertiser or their respective servants or agents, then the Advertisement shall be paid for in full notwithstanding that the Advertisement has not been published by the Publisher. Such omission or suspension shall be notified to the Buyer as soon as possible.
7. The Publisher shall not be liable for any loss or damage suffered by the' Buyer as a result of any total or partial failure (howsoever caused) of publication or distribution of any Publication or issue in which any Advertisement is scheduled to be included. In the event of any error, misprint or omission in the printing of an Advertisement or part of an Advertisement, the Publisher will either reinsert the Advertisement or relevant part of the Advertisement as the case may be in a subsequent issue of the Publication or make a reasonable refund of or adjustment to the price paid by the Buyer. No reinsertion, refund or adjustment will be made where the error, misprint or omission does not materially detract from the Advertisement.
In no circumstances shall the total liability of the Publisher for any error, misprint or omission in the printing of any Advertisement exceed the amount of a full refund of any price paid to the Publisher for the particular Advertisement in connection with which the liability arose or the cost of a further or corrective Advertisement reasonably comparable to that in which liability arose. Without prejudice to the foregoing, the Publisher shall not be liable for any indirect or consequential loss including, without limitation, loss of business or profits in consequence of any error, misprint or omission in the printing of the Advertisement.
Every care is taken to avoid mistakes but the Publisher cannot accept liability for any errors due to third parties, sub-contractors or inaccurate copy instructions. It is the responsibility of the Buyer to check the correctness of the Advertisement (and each insertion of the Advertisement, if more than one). 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.
8. The Buyer warrants that the Advertisement, whether or not amended pursuant to paragraph 25 or 30, does not contravene any relevant UK legislation (including the laws of the European Union) nor is it in any way illegal, defamatory or obscene or an infringement of any other party's intellectual property rights or. any other personal or proprietary right of any person or is a breach of the British Code of Advert ising Practice nor will it in any way render the Publisher liable to any proceedings whatsoever.
9. The Buyer warrants that it has the legal right to commission the publication of the Advertisement in the agreed format including print and/or electronic format and that the information supplied with the Advertisement is accurate, complete and true.
10. The Publisher reserves the right to withdraw an Advertisement from publication and/or refuse to publish an Advertisement if a third party claims that the Advertisement infringes any intellectual property rights (including trade marks and copyright) or constitutes passing off or is in any way obscene cene or defamatory. The Buyer will indemnify the Publisher against any and all claims in respect of the above and no claim on the part of the Buyer as against the Publisher for damages or breach of contract will arise.
11. Notwithstanding the provisions made in paragraphs 6 and 9 above, the Buyer will indemnify the Publisher fully in respect of all claims, costs (including legal costs on an indemnity basis), proceedings, demands, losses, damages, expenses or liabilities of whatever nature made against or suffered by the Publisher arising from any breach or non-performance of any of the representations and warranties contained in these Conditions of implied by law or in any way relating to the printing and Publication of the Advertisement. The Publisher will consult with the Buyer as to the way in which such claims are to be handled'
12. Rates for the, price of placing Advertisements as notified by the Publisher from time to time are subject to revision at any time and orders are accepted on the condition that the price binds the Publisher only in respect of the next issue to go to press. In the event of a rate increase, the Buyer will have the option to cancel the order without surcharge or continue to order at the revised rates.
13. Prices are exclusive of Value Added Tax which the Buyer shall be additionally liable to pay to the Publisher.
14. Credit. accounts must be settled upon publication. In default, all outstanding transactions will become liable for immediate settlement. Interest will be charged monthly on overdue accounts at the rate of 2% above the National Westminster Bank Minimum Lending Rate.
15. Charges will be made to the Buyer where the printers are involved in extra production work owing to acts or defaults of the Buyer or the Advertiser. These charges will be at the rate agreed prior to publication. Complaints regarding reproduction of Advertisements must be received in writing within one calendar month of the cover date.
16. Where the Publisher provides a Reader Enquiry Service for the benefit of its readers, it shall not be contractually bound to pass such enquires to the Buyer or the Advertiser.
17. Where the Buyer has undertaken to supply inserts forming part or all of the Advertisement which have been accepted and approved by the Publisher, the Publisher reserves the right to charge the rate agreed if the inserts fail to arrive at the agreed time and place for insertion.
18. The Buyer's property, copy, artwork, film, disks and photographs etc. are held at the Buyer's risk and should be insured by the Buyer against loss or damage from whatever cause. It is recommended that original transparencies are not submitted. The Publisher reserves the right to destroy all materials which has been in its custody for 12 (twelve) months from the date of their last publication.
19. Copy must be supplied by the Buyer without application from the Publisher. If copy instructions are not received by the agreed copy date, no guarantee can be given that proofs will be supplied nor corrections made and the Publisher reserves the right to repeat the most appropriate copy. Where a layout or proof is submitted to the Advertiser, it must be returned on the date specified and the Publisher reserves the right to publish the Advertisement in the same form as the layout or proof submitted if the layout or proof is not returned on the date specified. If no previous copy was supplied by the Buyer, the Publisher reserves the right either to publish only the name and address or to make up an Advertisement on behalf of the Buyer. In any of these cases, the total price of the order will remain unaltered and the provisions of paragraph 13 apply.
20. Copy must conform to the Publisher's requirements and the Publisher reserves the right to charge for any additional work involved in amending the copy of the Advertisement to conform to its requirements.
21. Where the copy includes a photograph, the Publisher can not accept responsibility for any loss or damage howsoever arising due to the quality of the reproductions of the photograph supplied by the Buyer, its agents or servants. 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 copy by which any living person is or can be readily identified, the Buyer or the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy.
22. The Publisher reserves the right to cancel any order without liability in the event of becoming aware of any meetings of creditors, bankruptcy, liquidation proceedings, the appointment of a receiver or administrative receiver over the whole or substantial part of the Buyer's assets, or any indication whatsoever of financial difficulties.
23. These conditions and all other express terms of the contract shall be governed and construed in accordance with the Laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
24. The Publisher can not guarantee the position of any Advertisement. Advertisements will be placed as near as possible to the selected position in the Publication as the page make-up permits. The Publisher reserves the right to modify the wording of any classification or trade heading in the Publication or the Advertisement.
25. Requests for cancellation or reduction of an order may be considered but only if received in writing by the publisher within 28 (twenty eight) days from signing the order. No cancellation or reduction will be effective until confirmed in writing by an authorised signatory of the Publisher.
26. The Publisher can not accept responsibility for changes in copy by the Buyer unless these changes are confirmed in writing by the Buyer in time for the changes to be made to the Advertisement by the Publisher. The Publisher reserves the right to charge for any additional expenses involved in such changes.
Reed Business Information Ltd (RBI) retains your details on computer and may occasionally wish to contact you directly regarding services or information that may be of interest to you. We may also pass your details to third parties for the same purpose. If you do not wish to receive such communications, you can advise us of your opt-out preferences by visiting http://www.reedbusiness.co.uk/dataprotection or by contacting us directly at our main address.
Fixed Price Contracts
27. The advertiser shall as a minimum maintain the same entry (subject to condition 29 below) and advertising style and copy for the 3 year contractual period unless agreed in writing by the company.
28. The Advertiser shall as a minimum, maintain the same advertising spend for each year of the contract period. If the Advertiser defaults on any payment due for one or all years during the contract period the publisher reserves the right to suspend the Order for the remainder of the contract period.
29. The company reserves the right during the contractual period to amend or substitute specific advertising styles and their placement within the product range including directory, CD and Internet versions.
