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Terms and Conditions

Definition

  1. 'Publication' is defined as including any printed document, web site, video or any other medium placed into the public domain by the Publsher.
  2. 'Advertiser' is deemed to include both the Advertiser and the Advertiser's agent.
  3. 'Publisher' is deemed to include Blue and Green Limited, its brands, subsidiaries and associated companies.
  4. 'Media Pack' refers to the document or web page detailing advertising prices, specifications and the terms and conditions on which advertising contracts are made.
  5. 'Order Confirmation' is the document email or other form of written communication that details the agreement between the Advertiser and the Publisher, in respect of type of advertisement, number of insertions, position and price.
  6. 'Advertisement' is deemed to include print or digital display advertisements classified advertisements loose or bound inserts or any other promotional pieces, sponsored editorial and all other promotions undertaken by the Advertiser within or distributed with any of the Publisher's publications.
  7. 'Copy' is defined to include digital files, film, artwork, printed inserts, promotional items and all other materials used in the creation or production of Advertisements.

Conflicts

Advertisements contracted to appear in or distributed with the Publisher's magazines, directories, books and other publications are accepted on the basis of the Terms and Conditions published herein, on the Order Confirmation issued in confirmation of verbal or written agreements and on the Publisher's invoices. Acceptance of the agreement detailed in the Order Confirmation is deemed to be acceptance of the Publisher's Terms and Conditions. In the event of a conflict between the Publisher's Terms and Conditions and those of the Advertiser, the Publisher's Terms and Conditions will prevail.

Specifications

Advertisements will be placed in accordance with the instructions and specifications detailed in the Order Confirmation and the technical and delivery requirements detailed in the Media Pack. The Advertiser is deemed to waive any positional guarantee, without penalty to the Publisher, when in breach of these requirements.

Exclusion

The Publisher reserves the right to refuse to publish Advertisements deemed to be unsuitable whether in terms of the materials supplied or the content. The Publisher accepts no responsibility for any consequential losses arising as a result of exclusion.

Publication

Publications are deemed to be published when proof copies of the publication are delivered to the Publisher or digital files uploaded to the host. The Publisher accepts no responsibility for the late or nonappearance of Advertisements booked by the Advertiser.

Agents

The Publisher accepts no responsibility for the actions or omissions of its printers, ISP, delivery services, distributors or other suppliers or agents in so far as they affect the Advertiser.

Copy

The Advertiser is responsible for ensuring that Copy is delivered to the Publisher in accordance with the specifications, delivery instructions and copy dates detailed in the Media Pack or other written communications proffered by the Publisher. Proofs or tear sheets must be supplied for materials to be printed by the Publisher. Where no proof or tear sheet of an Advertisement is supplied by the Advertiser the Publisher accepts no responsibility for errors.

Third party actions

The Advertiser will indemnify the Publisher for costs and damages awarded from any legal action or claim arising from the publication of an Advertisement placed by the Advertiser.

Production

The Publisher reserves the right to charge for any production processes deemed to be necessary to render the Advertiser's Copy or materials into a suitable format for publication or inclusion.

Materials

The Publisher accepts no responsibility for film, artwork, proofs and other materials supplied by the Advertiser for the production of Advertisements.

Intellectual property

The Publisher retains the copyright to advertising materials created at the request of the Advertiser.

Substitution

The Publisher reserves the right to substitute copy supplied for previous advertisements placed by the Advertiser should the Advertiser be in default of the Copy requirements, specifications or delivery dates specified in the Media Pack. Should no such materials be available, failure to comply with Copy requirements will be deemed to be constructive cancellation and the Publisher's compensation terms detailed under 'Cancellation' below will apply in full.

Cancellation

Cancellation of an Advertisement or series of Advertisements will not be accepted by the Publisher unless received in writing and acknowledged by the Publisher thirty days before the Copy Date for the first affected issue.

Cancellation charges

Where discounts have been negotiated and an Advertisement or series of Advertisements is cancelled the Publisher will apply cancellation charges. Cancellation charges are calculated as the difference between the negotiated price per Advertisement and the Rate Card price per Advertisement detailed in the Media Pack, multiplied by the number of advertisements published in the series with the amount of such cancellation charges not to exceed the total value of the Advertising contract agreed less any payments made.

Payment terms

Payment terms are thirty days from the invoice date unless varied in writing by the Publisher. The Publisher reserves the right to apply late payment charges to accounts settled outside the thirty-day period.

Divisibility

This contract is divisible. Each supply of goods or services made hereunder shall be deemed to arise from a separate contract and shall be invoiced separately; any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein, without reference to and notwithstanding any defect of default in delivery of any other .

Severability

All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

Accuracy

Whilst every effort is made to update the information within the Publishers' Publications, neither the Publisher nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. The Publisher reserves the right at any time to change or discontinue without notice, any aspect or feature or format of Publications. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained in the Publisher's publications at your own risk.

External Links

External links from digital Publications may be provided for your convenience, but they are beyond the control of the Publisher and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any Publication controlled by you or otherwise to this website without the express prior written permission of the Publisher.

User submissions

The Publisher is not responsible for any material submitted to the public areas of digital Publications by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Publisher. The Publisher reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to:

You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Publisher or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.

Warranties

The Publisher makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding its Publications, the information contained in Publications, your or your company's personal information or material and information transmitted over our system.

Disclaimer of liability

The Publisher shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of its Publications, any information contained in Publications, your or your company's personal information or material and information transmitted over our system. In particular, neither the Publisher nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof. The Publisher does not make any warranty or representation that information in Publications is appropriate for use in any jurisdiction (other than Great Britain). By accessing the Publication, you warrant and represent to the Publisher that you are legally entitled to do so and to make use of information made available via the website.

Entire agreement

These terms and conditions constitute the sole record of the agreement between you and the Publisher in relation to your use of the Publication. Neither you nor the Publisher shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Publisher in respect of your use of the website.

Alteration

The Publisher may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by using the Publications from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you use the Publications.

Conflict

Where any conflict or contradiction appears between the provisions of these terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant Publication.

Waiver

No indulgence or extension of time which either you or the Publisher may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

Cession

The Publisher shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.

Applicable laws

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with Publications, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.