Terms & Conditions

1. These terms and conditions shall apply to all advertisements accepted for publication by the Publisher and represent the whole of the terms and conditions that govern the contract for the sale of the advertisement except insofar as shall be specifically agreed in writing by the Publisher, notwithstanding the Advertiser’s use of any other document containing other terms and conditions. The Advertiser shall not be entitled to rely on any representation (save for fraudulent representations) or warranty, express or implied, which is not contained herein.

2. All advertisements are accepted subject to the Publisher’s approval of the copy and to the availability of advertising space. The Publisher reserves the right to make the final decision as to the position of the Advertisement without obtaining the Advertiser’s approval thereto.

3. The Advertiser warrants that the advertisement does not contravene any relevant statute or regulations made thereunder, nor is it in any way defamatory or illegal or an infringement of any other party’s rights.

4. The Advertiser will indemnify and keep indemnified the Publisher in full against any losses, costs, claims (actual or threatened) and expenses howsoever incurred by the Publisher arising, directly or indirectly, out of the advertisement or in respect of any breach by the Advertiser of these terms and conditions and the Advertiser must be prepared to pay the amount of loss suffered and/or expenses incurred by the Publisher as a result of the advertisement and/or in respect of a breach of this contract.

5. The Publisher reserves the right to omit an advertisement at any time before publication at the Publisher’s absolute discretion. Such omission will be notified to the Advertiser as soon as possible by email or by post. The Publisher shall repay to the Advertiser any sums paid in advance concerning the omitted advertisement or set-off the same against sums due to the Publisher and the Advertiser accepts and understands that it will not have any claims of any nature against the Publisher where an advertisement is so omitted.

6. The publication of the advertisement must be at the absolute discretion of the Publisher and the date of the publication can be changed by the Publisher without notice being given to the Advertiser and without the Publisher being in breach of contract in any way.

7. Reasonable care will be taken to avoid mistakes, but the Publisher cannot accept liability for any errors due to the acts, omissions or defaults of third parties or sub-contractors or inaccurate copy instructions or materials or other acts or defaults beyond its control. The Publisher shall not be liable for any errors in the advertisement. Advertisers approving proofs accept full responsibility for errors or omissions. Once approved the Advertisement cannot be changed or cancelled. The Publisher has no liability to the Advertiser for any errors or omissions in proofs approved by the Advertiser and subsequently discovered by the Advertiser.

8. Advertisements are accepted on condition that the price quoted for the advertisement binds the Publisher only in respect of the next issue going to press. The Publisher reserves the right, by giving notice to the Advertiser at any time before the advert is published, to increase the price of the contract to reflect any increases in the cost to the publisher which is due to any factor beyond its control.

9. Full payment of the contract is due within 7 days of the date of the invoice. Interest at 4% per month calculated from the invoice date pro rata will be charged on overdue accounts. Time for payment of the Publisher’s invoices shall be of the essence.

10. Advertisement proofs will be sent in an electronic form by email. Any amendments to the proof provided must be advised to the Publisher within 24 hours or the Publisher shall be entitled to assume the proof has been approved.

11. Cancellations for “advertisement”: No cancellation of any advertisement can be made after the Closing date. Before this period, an advertisement cancellation can be made within 7 days of the date of the Advertisement order confirmation, provided that such cancellation is made in writing or electronically. Any abortive costs already incurred by the Publisher in connection with the advertisement will be payable by the Advertiser. Any cancellation of an order advertisement after 7 days of the Advertisement order confirmation may be accepted by the Publisher in its absolute discretion upon the Advertiser paying not less than seventy five percent (75%) of the full cost of the advertisement plus any abortive costs already incurred by the Publisher in connection with the advertisement.

12. The Advertiser must supply a copy of the proposed advertisement to the Publisher by the copy date specified on the Advertisement order confirmation. Where the Advertiser supplies copy as print ready artwork for the advertisement it will meet the artwork specifications as supplied by the Publisher. Where the Publisher is supplying design services to assist the Advertiser in creating the Advertisement, the cost of design services shall be included in the quoted Advertisement price unless otherwise specifically agreed in writing by the Publisher. Any design work, including supply of stock images and logo design, undertaken at the request of the Advertiser and not covered in the quoted Advertisement price will incur additional charges payable by the Advertiser. The advertiser will supply all content in line with the Publishers artwork specification.

Advertisements created by the Publisher’s design services will be the property of the Publisher. If a copy and instructions are not received by the copy date specified on the Advertisement order confirmation, the Publisher may treat the Advertiser as having cancelled and reserves the right to insert either a previously submitted advertisement (if held) or to create an advertisement using such information as is available to the Publisher at the time. In all such cases the full cost of the advertisement will be due for settlement by the Advertiser and the Publisher shall be under no liability whatever to the Advertiser for any direct loss/or expense or indirect loss and/or expense suffered by the Advertiser or liability to third parties incurred by the Advertiser directly or indirectly arising from such an advertisement.

13. All complaints or claims regarding advertisements published must be made in writing within 14 days following the Publication date and sent to the Publisher by email or other written communication where receipt can be guaranteed, failing which any complaints shall be of no force and effect.

14. Advertiser’s property, artwork etc, are held at the Advertiser’s risk and should be insured by them against loss or damage from whatever cause. The Publisher reserves the right to dispose of all artwork 14 days after Publication date. Advertisement artwork created by the Publisher’s design services remains the property of the Publisher for the sole purpose of using in the Publisher’s titles. The Advertiser warrants that it is the owner of the intellectual property rights in the artwork, logo and designs which it shall provide to the publisher to use in any advertisement and the Advertiser shall indemnify the Publisher and keep it indemnified against all or any costs, claims, damages, demands and expenses which may be incurred by or made against the Publisher by any third party by reason of the Advertiser being in breach of this condition.

15. In no event shall the liability of the Publisher for any breach of contract or in tort exceed the price paid by the Advertiser for the advertisement.

16. In no event shall the Publisher have any liability, either in contract or in tort, for any consequential loss or damage including loss of profit.

17. In the event the Advertiser fails to pay any sums that are due hereunder and in consequence thereof legal action is commenced, the Advertiser agrees to pay all legal fees incurred thereby, in addition to interest and costs pursuant to law.

18. No waiver by the Publisher of any breach of the contract by the Advertiser shall be considered as a waiver of any subsequent breach of the same or any other provisions.

19. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of those terms and conditions and the remainder of the provision in question shall not be affected.

20. The Publisher shall not be bound by or be liable in respect of any representation or warranties of any nature made by any of its employees or agents who act or purport to act on its behalf, save and unless such representation or warranty is reduced to writing and is signed by a duly authorised representative of the Publisher.

This agreement shall be deemed to have been entered into at the Publisher’s place of business and is subject to the application of Scottish Law under the jurisdiction of the Scottish Courts.

Taylor Made Advertising Limited, Geddes House, Kirkton North Road, Livingston, West Lothian EH54 6GU