Terms and Conditions
Conditions of Acceptance and Indemnification
These conditions (“Conditions”) apply to all advertisements, insertion orders, drafts and mock-ups submitted to Paddock Magazine for publication in the print edition or a digital application edition of Paddock Magazine (“Paddock”). All words which first appear in these conditions in quotation marks and bold type will have the meaning given them when they first appear in that form.
- The placing with Prima Media (“Publisher”) of a hooking for the insertion of an advertisement (“Advertisement’) in The Paddock Magazine will amount to acceptance of the Conditions by the party placing the booking (“Buyer”). Any other conditions stipulated by the Buyer shall be void to the extent they are inconsistent with the Conditions. In these Conditions the “Advertiser” means the legal person either advertising the products or services promoted in the Advertisement or making the announcement contained in it.
- The Buyer contracts with the Publisher as principal.
- If the Buyer is acting as the advertising agency or media buyer for the Advertiser or in some other representative capacity, the Buyer warrants that it is authorised by the Advertiser to place the Advertisement with the Publisher and will indemnify the Publisher against any claim made by the Advertiser against the Publisher arising from its publication.
Acceptance of Advertisements
- All Advertisements are accepted subject to the Publisher’s approval of the copy and the space being available and the Publisher reserves the right, for any reason at any time, to reject, cancel, suspend publication or change the position of an Advertisement. However, the Publisher will use reasonable efforts to comply with the wishes of the Buyer although it does not warrant the date or position of insertion, the wording or the quality of the Advertisement’s reproduction.
- If an Advertisement does not appear, or does not appear on the specified date, the Publisher will not be liable, whether for breach of contract or otherwise.
- If any non-appearance of the Advertisement occurs as a result of the actor default of the Advertiser or its servants or agents then the space reserved for the Advertisement shall be paid for in full.
- The Publisher will not be responsible for any error in the Advertisement, or for any damage to or loss of copy, artwork, photographs or other materials supplied in connection with the Advertisement, which the Buyer warrants it has insured as it thinks fit and retained in sufficient quality and quantity for its purposes.
- The Publisher reserves the right to destroy all materials received in connection with an Advertisement which have been in its custody for three months, without giving further notice to the Buyer.
- Material supplied for Advertisements must conform to the Publisher’s published requirements. The Buyer must consult with the Publisher before supplying materials in electronic format and ensure the materials comply with the Publisher’s specific requirements. Any additional work involved will be charged to the Buyer.
- The Publisher cannot accept responsibility for errors in key numbers or changes in copy unless these are confirmed in writing before the copy deadline or such later date as agreed by the Publisher. The Publisher reserves the right to charge for any additional expense involved in such changes.
- The Publisher is not responsible for any adverse consequences for the Advertiser of a print Advertisement being backed by another advertisement with a coupon, reply card or other matter designed for separate use.
- The Publisher reserves the right to use process colours to match second colour requirements.
- Cancellations of bookings for print advertisements appearing on cover positions, facing Contents, Editor’s Letter cannot be accepted within eight weeks of insertion dates. Cancellations of all other bookings cannot be accepted within six weeks (for colour print bookings and all digital application bookings).
- If copy instructions and materials are not received by the Publisher before the copy deadline, the Publisher reserves the right to repeat the copy last used, Unless the Publisher chooses to repeat such copy, the Buyer will incur forfeiture of the space booked at full cost.
- The Buyer warrants that the Advertisement complies with all national and international legal and regulatory requirements and codes of practice (whether voluntary or obligatory), in all jurisdictions in which the Advertisement will appear. Without limiting the generality of the foregoing, the Buyer also warrants that the Advertisement: does not contain any libellous, inaccurate, misleading or false material; does not unfairly prejudice the legitimate interests of any third party or infringe or violate any copyright, trade mark or other personal or proprietary right of any person or render the Publisher liable to any proceedings whatsoever; complies with all applicable content and approval requirements of the Financial Services and Markets Act 2000 in the UK, the Buyer forthwith on the Publisher’s request to provide written confirmation of any required approval; and complies with all applicable state and federal laws of the USA including laws relating to the offer or sale of securities.
- The Buyer shall indemnify the Publisher fully and hold it harmless against any and all losses, claims, damages, costs (including legal costs) or liabilities which the Publisher may incur as a result of (i) the Publisher’s publication of the Advertisement and (ii) without prejudice to the generality of the foregoing, any breach or alleged breach of any of the warranties set out in clause 12 above.
- To the full extent permitted by law, the Publisher will not be liable for any loss or damage, whether director indirect, including consequential loss or any loss of profits or similar loss, in contract or tort or otherwise, relating to the Advertisement or this agreement or any error in the Advertisement or any failure of the Advertisement to appear for any cause whatsoever.
Advertisement Rates and Payment Terms
- The Publisher reserves the right to adjust the rates to bookings already made on 60 days’ notice.
- Payment for each insertion must be made within 15 days following the insertion date or such earlier date as may be required by the Publisher. If payment has not been received within 15 days, the Publisher reserves the right to charge interest on the overdue amount at the rate of 4% above Barclays Bank PLC base rate accruing from day to day from the day after payment was due to the date of receipt by the Publisher, Any such interest is payable within seven days following the date of the Publisher’s invoice charging it. The Publisher reserves the right to suspend insertion of Advertisements where the relevant Buyer is in arrears. The Buyer must pay for the advertisement irrespective of whether the Buyer has been paid by the Advertiser in respect thereof.
- The Publisher reserves the right to require that a pre-payment, bank guarantee or other collateral security is furnished as a condition of accepting any hooking.
- Cheques or money orders should be made payable to Prima Media.
- If a cancellation results in an Advertiser failing to reach agreed insertion levels to qualify for a series discount, the Advertiser will lose the right to such discount on all previous insertions and will be invoiced by the Publisher accordingly.
- The Publisher shall be entitled to reproduce, republish and distribute the Advertisement in any medium (print, electronic or otherwise), and as part of any service, in which The Paddock Magazine is published or made available under licence from the Publisher and including part of any press cuttings service.
- The contract which incorporates these Conditions shall be construed under and be governed by the law of England and for the Publisher’s benefit the English courts shall have non-exclusive jurisdiction in respect of any dispute arising.
- In view of the global nature of Paddock Magazine’s circulation we ask all advertisers to be sensitive to the world’s various cultures.
- The heavy demand on advertisement pages restricts the guarantee of specific publication dates. Although requested dates will normally be adhered to, it would assist the publisher if alternative dates could be shown for each insertion. If space limitations prevent publication of an advertisement on the specific date requested, in the absence of an alternative date the advertisement may automatically be transferred to the following month’s issue.