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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.

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