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MEDIA PLANNER 2009 - Haymarket Media Group

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ADVERTISING TERMS<br />

& CONDITIONS<br />

7.4 Print advertisement cancellations and transfers can<br />

only be accepted if requested by the Advertiser in writ-<br />

ing, and if the request is received by <strong>Haymarket</strong> <strong>Media</strong><br />

not less than 2 months before copy date in the case of<br />

annual or monthly publications or six weeks before<br />

copy date in the case of weekly publications or (in<br />

either case) as specified in the publication’s rate card.<br />

7.5 Web advertisement cancellations and transfers can<br />

only be accepted by the Advertiserin writing, and if<br />

the request is received by <strong>Haymarket</strong> <strong>Media</strong> not less<br />

than 1 month before the copy date.<br />

7.6 If an Advertiser cancels the balance of an order, he<br />

relinquishes any right to the series discount to which<br />

he was previously entitled, and must pay for Adver-<br />

tisements at the appropriate rate set out in the rate<br />

card for the number of advertisements which has<br />

appeared when the cancellation takes effect.<br />

8. Errors<br />

8.1 The Advertiser shall notify <strong>Haymarket</strong> <strong>Media</strong> in<br />

writing of any error in a published Advertisement<br />

prior (whenever practicable) to the copy date for any<br />

subsequent insertion of the same Advertisement and<br />

in any case within fourteen days of the first publication<br />

date. Failing such notification <strong>Haymarket</strong> <strong>Media</strong> will<br />

be under no liability to the Advertiser in respect of<br />

such errors, and the Advertiser will indemnify the<br />

<strong>Haymarket</strong> <strong>Media</strong> against all actions, pro-ceedings,<br />

claims, demands, damages and costs (including legal<br />

costs) brought or made by third parties as a result of<br />

the publication or distribution of an Advertisement<br />

containing such an error.<br />

8.2 Proofs must be passed by the Advertiser before<br />

insertion, if time permits.<br />

9. Rates and Payment<br />

9.1 Unless <strong>Haymarket</strong> <strong>Media</strong> agrees otherwise in writing,<br />

the price for any Advertisement (including any Adver-<br />

tisement being published as part of a series) will be the<br />

price (according to the relevant rate card) prevailing at<br />

the date of publication.<br />

9.2 Unless <strong>Haymarket</strong> <strong>Media</strong> agrees otherwise (in writing)<br />

payment is due immediately on publication. Where<br />

<strong>Haymarket</strong> <strong>Media</strong> allows credit it will do so (unless it<br />

stipulates other-wise) for 30 days from date of invoice.<br />

Failure to pay accounts will make advertising agencies<br />

liable to the following reductions in any commission<br />

otherwise allowed to them:<br />

a) 3 percent of the gross rate where the sum owing has<br />

not been paid on the due date:<br />

b) a further 2 per cent on the gross rate (making a<br />

total of 5 per cent) where the sum owing remains<br />

unpaid one month or more after the due date.<br />

9.3 Charges will be made to the Advertiser where the<br />

printers are involved in extra production because<br />

of exceptional production requirements or acts or<br />

defaults of the Advertiser.<br />

9.4 Not more than one voucher copy of the publication will<br />

be provided for each insertion, and for orders of less<br />

than $100 no voucher copies will be provided. In the<br />

case of Annual publications only tear sheets will be<br />

provided.<br />

10. Miscellaneous<br />

10.1 These Conditions and all other express terms of the<br />

contract shall be governed and construed in accordance<br />

with the laws of the State of New York and any disputes<br />

will be subject to the jurisdiction of those courts unless<br />

another method can be mutually agreed on.<br />

10.2 In these Conditions the following terms shall have the<br />

following respective meanings:<br />

“Advertiser” shall mean the Advertiser or, as the<br />

context requires, an advertising agency acting on behalf<br />

of the Advertiser.<br />

“Advertisement” shall include any loose or insert<br />

advertisement and any advertisement attached to or<br />

distributed with the relevant publication including<br />

free gifts, and advertise-ments in any form, including<br />

without limitation, computer or electronic readable<br />

form.<br />

“<strong>Haymarket</strong> <strong>Media</strong>” shall represent a publication of<br />

the <strong>Haymarket</strong> <strong>Group</strong>, Ltd. and any references made<br />

to <strong>Haymarket</strong> <strong>Media</strong> is understood to represent the<br />

Company only in its role as Publisher of <strong>Haymarket</strong><br />

<strong>Media</strong> and no other properties.<br />

10.3 <strong>Haymarket</strong> Publishing Services Limited acts as agent<br />

for <strong>Haymarket</strong> <strong>Media</strong> in all matters relating to the<br />

invoicing and collection of receivables.

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