Terms & conditions

1. Definitions: Publisher means Gateway Publishing Limited and Advertiser means the person booking the Advertising space. Advertiser includes Advertising Agents and Independent Media Buyers acting on behalf of clients. Advertising Agents and Independent Media Buyers shall for the purpose of these Conditions act as principal on their own behalf for all purposes connected herewith. Rate Card means the Publisher’s current scale of charges for Advertisements, a current copy of which may be obtained from the Publisher. Contract means a legally binding booking accepted by the Publisher in accordance with Paragraph 2 for publication of an Advertisement. Advertisement includes loose insert or other insert where appropriate. Cancellation of a Contract means cancellation of all or part of the remaining unperformed part of the Contract, unless the context of the relevant condition makes it clear that cancellation of only a specific insertion(s) is referred to.

2. The issue of a Rate Card does not constitute an offer by the Publisher to contract. A Contract is made only by the Publisher’s acceptance in writing of the Advertiser’s order through the issue of an Acknowledgement of Order Form.

3. The Publisher may, in his sole discretion, accept or refuse to accept an Advertisement. Normally, the Publisher would refuse to accept an Advertisement that in his sole judgement and opinion, the Advertisement is libellous, defamatory, pornographic, socially unacceptable, insensitive, in poor taste, or otherwise contrary to editorial policy.

4. All Contracts are subject to these Conditions and no variation or addition thereto shall be effective unless specifically agreed to in writing by the Publisher.

5. Advertisement rates are subject to revision at any time. The price agreed at the time the Contract is made binds the Publisher only in respect of the agreed booking as confirmed by the Publisher’s Acknowledgement of Order Form.

6. All orders are subject to acceptance of copy by the Publisher, as indicated in Paragraph 2.

7. The Advertiser warrants that any Advertisement submitted by it for publication shall comply with all applicable legislation, regulations, codes of practice and is not an infringement of any other party’s rights. By the issue of an Order, the Advertiser indemnifies the Publisher fully for all costs and damages (including legal costs and awards ordered against the Publisher) in respect of any claim made against the Publisher arising from the Advertisement or its publication.

8. Should cancellation, omission or suspension of any one or more Advertisements be due to the act or default of the Advertiser or his servants or agent, including the unsuitability of the Advertisement, then the Advertiser shall pay for the space reserved for the Advertisement in full, notwithstanding that the Advertisement has not appeared. Such cancellation, omission or suspension shall be notified to the Advertiser as soon as possible.

9. If the Publisher considers it necessary to modify space or alter the date or position of insertion or to make any other alteration, it shall notify the Advertiser of this as soon as it reasonably can, and the Advertiser will have the right to cancel the insertion of that Advertisement if the alterations requested are unacceptable, unless such changes are due to circumstances beyond the Publisher’s control and cannot be notified to the Advertiser prior to commencement of the manufacturing cycle of the relevant publication.

10. The Publisher will exercise reasonable care and skill in the handling and publishing of the Advertisement but where the Advertisement is not published in the manner specified in the Contract, whether through any failure or negligent act or omission on the part of the Publisher or any third party, the Publisher’s maximum liability to the Advertiser shall be limited to the amount of any payment made for the Advertisement concerned. The Publisher shall not be liable for any direct, indirect, special or consequential loss or damage arising from any failure to publish an Advertisement as agreed with the publication, any non-publication or inaccurate reproduction of the Advertisement, whether caused by the Publisher’s error or negligence or by any reason whatsoever. The Publisher shall not be liable in respect of any error or omission in respect of publishing the Advertisement which is not notified to the Publisher in writing within twenty-eight days of the actual publication date of the Advertisement.

11. The Advertiser may cancel any contract at any time at least eight weeks prior to the publication date of a particular insertion. Cancellation will be effective once the Publisher receives written notice thereof.

12. If the Advertiser cancels any contract in accordance with Paragraph 11, except in the circumstances of cancellation set out in Paragraph 9 above, he relinquishes any right to the series discount (if any) to which he was previously entitled, and all Advertisements published under the Contract up to that point will attract the appropriate rate. The Publisher will issue a new invoice for any surcharges relating to Advertisements that have already been published at the discounted rate. The payment date for any earlier invoices remains unaffected.

13. In circumstances where, in the Publisher’s discretion, he supplies proofs of copy to the Advertiser, the Advertiser must return all corrected proofs by to the Publisher by the last day for receiving copy as stated on the Rate Card. Failing this, the Publisher cannot guarantee to supply proofs or to make corrections. If the Publisher does not receive new copy instructions by the last day for receiving copy, he reserves the right in his absolute discretion to repeat Advertiser’s existing copy in his possession, where appropriate, or where the Publisher does not hold any copy, to omit the Advertisement and to charge the Advertiser for the space reserved in accordance with Paragraph 8.

14. During the period of the Contract, the Publisher and/or his agents, such as reproduction houses and printers, will hold the Advertiser’s property, originals, artwork, type, mechanicals, positives etc at the owner’s risk, and the Advertiser should insure his property against loss or damage from any cause whatsoever. The Publisher and his agents resolve to exercise all reasonable care with respect to the Advertiser’s property, but the Advertiser hereby absolves and indemnifies the Publisher and his agents from any blame, liability or damages arising from any damage to such property for any reason while under their care. After performance of the Contract relating to such materials, the Advertiser shall collect all such materials which it requires from the Publisher’s premises, failing which, the Publisher reserves the right to destroy all artwork which has been in its possession for more than six months, and no liability shall be attached to the Publisher in respect of such destruction.

15. All gross Advertising rates are subject to the current Advertising Standards Board of Finance surcharge payable by the Advertisers. Where an Advertising Agency or Independent Media buyer, the Agency or media Buyer places orders, it will be responsible for collecting this surcharge and paying it to the Advertising Standards board of Finance. Without prejudice to the indemnity contained in Paragraph 7, the Advertiser indemnifies the Publisher for any claim made against it in respect of the non-payment by the Advertiser of such surcharges to the Advertising Standards Board of Finance.

16. The Publisher reserves the right to impose a one percent surcharge on all mail order Advertising and to request completion by the Advertiser of the UK Periodical Publishers’ Association’s Application to Advertise by Mail Order form for Mail Order Advertisements.

17. The Publisher may charge the Advertiser for production work of any kind needed to put the Advertisements in a form suitable for publication for any reason and at any stage. The Publisher will notify the Advertiser of such charges in writing as soon as possible after receipt of Advertising copy. These charges will be agreed prior to publication, unless such acts or defaults do not become apparent to the Publisher until the manufacturing cycle begins, in which case reasonable standard charges for such work shall be made.

18. TERMS OF PAYMENT
(a) Unless stipulated by the Publisher, payment is due on publication, which is defined as the receipt of a tear-sheet of the Advertiser’s Advertisement at his normal place of work.  If the Advertiser defaults in making payment of any sums by the due date, the Publisher reserves the right to require immediate payment for all Advertising space booked by the Advertiser. Failing this, the Publisher shall be entitled to terminate the Contract forthwith by written notice to the Advertiser, and to require payment in advance for future bookings, and pending such payment, to omit or suspend all or any Advertisements due to appear under an existing Contract with the Advertiser. The Publisher reserves the right to impose a surcharge of three percent per month on overdue amounts.
(b) Advertising Agents and Independent Media Buyers not recognised by the Periodical Publisher Association and Advertisers placing business direct will be required to pre-pay the account two weeks prior to the final copy date for each Advertisement.
(c) The Publisher may in its discretion provide credit facilities to a non-recognised Advertising Agent, Independent Media Buyer or direct Advertiser once he has pre-paid and demonstrated a good payment record for insertions in 12 separate issues for an individual periodical or periodicals published by Gateway Publishing Limited. Any credit will only be granted after obtaining satisfactory banking, trade and credit reference agency clearance, and the Advertiser will be informed by the Publisher in writing once it is ready to provide such account facilities.

19. In the event of a dispute, the Publisher and the Advertiser agree to abide by the decision of a mutually acceptable arbiter, such as the executive director of the UK Periodical Publishers’ Association, failing which, to the jurisdiction of the magistrate’s court of the Isle of Man.

20. The above conditions represent the entire agreement and contract between the Publisher and the Advertiser. Any changes and/or exceptions shall not be valid and enforceable unless reduced to writing, agreed and signed by both parties.