MEDIA PLANNER 2009 - Haymarket Media Group
MEDIA PLANNER 2009 - Haymarket Media Group
MEDIA PLANNER 2009 - Haymarket Media Group
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ADVERTISING TERMS<br />
& CONDITIONS<br />
All orders for insertion of advertisements are accepted subject<br />
to the following conditions.<br />
1. Ordering<br />
1.1 Advertising orders issued by an advertising agency will<br />
be treated as issued by that agency as principal. Where<br />
copy or other instructions not constituting an official<br />
order are issued, they must clearly be marked at the<br />
head. “Copy instructions—Not an order.”<br />
1.2 The placing of an order for the insertion of an Adver-<br />
tisement shall, whether an Advertiser stipulates so<br />
or not, be an order subject to these conditions, and<br />
any conditions stipulated on the Advertiser’s order<br />
form or elsewhere shall be to no effect so far as they<br />
are in conflict with these conditions.<br />
2. Advertiser’s Warranty<br />
The Advertiser warrants that the Advertisement:<br />
2.1 does not contradict any act of law or subordinate<br />
legislation;<br />
2.2 is not in any way illegal or defamatory or an<br />
infringement of any other party’s rights;<br />
2.3 is legal, decent, honest and truthful; and<br />
2.4 is not an infringement of the American Association<br />
of Advertising Agencies. The Advertiser hereby agrees<br />
to indemnify <strong>Haymarket</strong> <strong>Media</strong> against any and all<br />
actions, proceedings, claims, demands, damages and<br />
costs (including legal costs) for breach of this warranty<br />
in respect of defamation, obscenity, misrepresentation<br />
or libel, or any other claim arising out of or in respect<br />
of the Advertisement or the publication or distribution<br />
of the Advertisement.<br />
3. Corrections<br />
3.1 <strong>Haymarket</strong> <strong>Media</strong> will not be held responsible for<br />
alterations or corrections to proofs, if returned after the<br />
specified date or not confirmed in writing.<br />
3.2 No responsibility is taken for the accuracy of copy not<br />
given in writing to <strong>Haymarket</strong> <strong>Media</strong>.<br />
4. Artwork, etc.<br />
Artwork and/or photographic materials are submitted<br />
to, and used by, <strong>Haymarket</strong> <strong>Media</strong> entirely at the risk<br />
of the person by whom, or on whose behalf, they were<br />
submitted. Unless otherwise arranged, <strong>Haymarket</strong><br />
<strong>Media</strong> reserves the right to return or dispose of such<br />
artwork and/or photographic materials if not collected<br />
within six months of their receipt by <strong>Haymarket</strong> <strong>Media</strong>,<br />
and any return carriage costs must be paid by such<br />
person.<br />
5. Positions<br />
5.1 Special positions will be given only if agreed by<br />
<strong>Haymarket</strong> <strong>Media</strong> in writing and at an additional<br />
charge. Agreement will be specific to an identified<br />
advertiser. No other client of an advertising agency<br />
may take the position without prior written consent<br />
of <strong>Haymarket</strong> <strong>Media</strong>.<br />
5.2 Any advertisement-promoting job and or career<br />
opportunities must appear within the ‘Job<br />
Opportunities’ pages of <strong>Haymarket</strong> <strong>Media</strong>.<br />
6. Late Copy and / or Proofs<br />
If, following an accepted order for space, an<br />
Advertiser’s copy instructions and / or proofs are not<br />
received by <strong>Haymarket</strong> <strong>Media</strong>s’ copy date, <strong>Haymarket</strong><br />
<strong>Media</strong> reserves the right to print any previously sup<br />
plied copy or from any appropriate proofs received<br />
from the Advertiser.<br />
7. Cancellations, etc.<br />
7.1 The Company reserves the right:<br />
a) to refuse or cancel any advertisement without<br />
giving any reason or period of notice thereof;<br />
b) to make corrections or alteration it considers<br />
necessary or desirable in an advertisement<br />
(whether to conform it to the style and subject matte<br />
of the publication or otherwise):<br />
c) to alter, cancel or postpone publication date(s).<br />
7.2 If at the time advertising space is ordered by an adver-<br />
tising agency that agency does not disclose:<br />
a) the name of its clients, and / or<br />
b) the product and / or services which are to be the<br />
subject of the Advertisement(s) for that space,<br />
<strong>Haymarket</strong> <strong>Media</strong> may at any time refuse or suspend<br />
the Advertisement(s) the agency proposes for such<br />
space.<br />
7.3 In the circumstances set out in the subclause 7.2 above<br />
the Advertiser—which for these purposes shall mean<br />
both the advertising agency and its client(s)—shall<br />
have no claim against <strong>Haymarket</strong> <strong>Media</strong> in respect of<br />
the refusal or suspension and, if the space is not filled<br />
by <strong>Haymarket</strong> <strong>Media</strong>, the advertising agency shall be<br />
responsible for any loss suffered by <strong>Haymarket</strong> <strong>Media</strong>.<br />
In any case under clause 7.1 above <strong>Haymarket</strong> <strong>Media</strong><br />
will return any money paid by the Advertiser in<br />
respect of an Advertisement which does not, or Adver-<br />
tisements which do not appear and, in the case of an<br />
order for a series of Advertisements, the Advertiser will<br />
not be liable for the difference between the rate agreed<br />
for the entire series specified in the order and the usual<br />
rate for the number of Advertisements which has<br />
appeared when the cancellation occurs.