Advertising terms and conditions
- In these Conditions “Advertiser” shall mean advertising agency where an advertising agency is used and in any other case it shall mean the person, firm or company and/or its agent placing the order for an insertion of an advertisement, inserts, sponsorship (or advertorial), email campaign or online activity; and where an advertising agency is used the relationship between Summersault Communications and the agency is that the order is and shall be treated as issued by the advertising agency as a principal and there shall be no contract between the agency’s client and Summersault Communications, nor shall the agency’s client be able to claim upon the contract of the agency with Summersault Communications.
- In these Conditions “Advertisement/Advert” shall refer to display advertising as well as Company Profile activity.
- Advertisements are accepted subject to copy and illustrations being in accordance with the standards of Summersault Communications’ and subject to space being available and subject to the status of the Advertiser itself. Summersault Communications reserves the right to refuse an advertisement.
- Any bookings made verbally by the Advertiser shall be conditional upon and subject to acceptance by Summersault Communications’ pursuant to this.
- Summersault Communications has at its absolute discretion the right to omit, suspend or change the position of any advertisement accepted for insertion and the right to make any alteration it considers necessary or desirable in an advertisement or to require copy to be amended to meet its approval.
- Summersault Communications will not be liable for any loss or damage direct to consequential, occasioned by error in the insertion of or omission to insert any advertisement or for late publication of an advertisement or failure to perform any other obligation whether occasioned by negligence or otherwise save in cases occasioned by the direct act of Summersault Communications in which case compensation may be negotiated up to a maximum of the cost of the space booked and paid for by the Advertiser.
- All orders are accepted at the Advertiser’s risk. Summersault Communications will not accept any responsibility for loss of circulation or ineffectiveness of any issue owing to circumstances beyond its direct control.
- Advertisement rates are subject to increase at any time. Advertisers have the option to cancel without surcharge or continue at the revised rates.
- Summersault Communications will not be bound by notice of stop orders, cancellations or transfers of advertisements received less than six weeks before publication date.
- Where the Advertiser has undertaken to supply material for advertisement / insert and such material has been accepted by Summersault Communications, we reserve the right to charge the full rate agreed for the advertisement/insert if such material fails to arrive at the agreed time, place or in suitable condition for insertion and in the case of advertisements to repeat the most appropriate copy. Copy must be supplied without application from Summersault Communications.
- Summersault Communications will not be liable for any damage or loss of any material supplied for the purposes of an advertisement caused by negligence or otherwise.
- Any matter of complaint arising out of the publication of an advertisement must be raised in writing with Summersault Communications within four weeks of publication.
- Where Summersault Communications provides Reader Enquiry Service for the benefit of its readers, it shall not be under any obligation to pass such enquiries on to the Advertiser.
- The Advertiser shall indemnify Summersault Communications against claim, cost, loss, damage, and/or expense which Summersault Communications may incur as a direct or indirect consequence of Summersault Communications the advertisement in accordance with the copy instructions supplied by the Advertiser.
In any case where a claim is made against Summersault Communications and where an Advertiser may ultimately be liable under the terms hereof notice in writing shall be given to the Advertiser in order that consultation shall take place before any expense is incurred or the claim settled, defended or otherwise disposed of to the Advertiser’s detriment. - Unless payment is to be made in advance, accounts shall be paid not later than thirty (30) days from the invoice date. The existence of a query on any individual items in an account shall not affect the due date of payment of the balance of account.
- Summersault Communications reserves the right to charge interest on any monies due which shall be in arrears and unpaid.
- Payments that are to be made in advance must be received by Summersault Communications two weeks before copy deadline for the issue in question.
- Charges will be made to the Advertiser where the printers are involved in extra production work owing to acts or defaults of the Advertiser. These
charges will be at rates agreed prior to publication. - The placing of an order for the insertion of an advertisement in any Summersault Communications publication shall constitute:
(a) an undertaking by the Advertiser to Summersault Communications that any advertisement / insert (i) complies (if relevant) with the Trade Descriptions Acts 1968 and 1972 (including any statutory re-enactment or modification thereof), the Financial Services Act 1986 and for any other relevant legislation; (ii) does not contain material that is illegal or defamatory or an infringement of any other parties rights; (iii) is legal, decent, honest and truthful so as to comply with the British Code of Advertising Practice (for the time being in force) and other codes under the general supervision of the Advertising Standards Authority.
(b) an acceptance of any conditions stipulated on an order form or elsewhere by an Advertiser shall be void in so far as they conflict with the above conditions.
Summersault Communications Limited
23-25 Waterloo Place
Warwick Street
Leamington Spa
Warwickshire
CV32 5LA
Registered in England and Wales, company number 3839151
