These conditions apply to the placing of an order for the publication of an advertisement with the Fish Media Group Ltd ( FMG ) either printed or electronically.
An advertiser means any person or organisation that places an order for an advertisement either for themselves or on behalf of another. By placing an order all advertisers agree to these conditions.
1.1 FMG agrees to publish its magazine in line with the media pack in force at the time of publication.
1.2 It is the responsibility of the advertiser to ensure that any advertisement complies with applicable legislation, advertising regulations, including those set down by the Financial Services Authority, and the British Code of Advertising, Sales Promotion and Direct Marketing (see http://www.asa.org.uk/asa/codes/cap_code).
1.3 It is the responsibility of the advertiser to ensure that publication of the advertisement does not breach any contract, copyright, trademark or any other right held by a third party, and does not libel any person. The advertiser must have consent from any person identified in writing or in any image or picture.
1.4 Advertisements will be published subject to approval by FMG. FMG reserves the right not to publish any advertisement if it believes a breach has been Caused ( see clause 1.3), or if it believes that any offence may be caused by the publication of the advert. Should an advert not be published for these reasons, the cost of the space booked will remain payable.
1.5 Where an advert is laid out or designed by FMG, a proof will be emailed to the advertiser for approval. FMG will not accept responsibility if the advertiser does not advise FMG of any errors or omissions within the proof prior to the print deadline.
1.6 FMG will not accept responsibility for the quality or reproduction of any of any advertisement supplied on any format, and whilst every care is taken FMG cannot accept liability for errors due to third parties, subcontractors or inaccurate copy instructions.
1.7 The copyright for any advert laid out or designed by FMG remains with FMG, and neither the advertisement nor the proof may be published in any other place or publication without the prior written permission of FMG.
1.8 Where copy is to be supplied by the advertiser, it should be supplied without application or request from FMG.
1.9 Where an advertiser books advertising space for multiple months, the client may supply different artwork each month within the specified deadlines. However, this is at the client’s discretion and no reminder will be given by FMG. Where no request is received by FMG to change artwork, the same advert as previously published will continue to be published.
1.10 Where an advertisement is placed by an advertising agency, that agency must have full authority from the advertiser for all aspects relating to the booking of an advertisement.
1.11 FMG will accept advertisements on the condition that FMG retains the right to publish the advertisement online as well as within its publications.
1.12 No part of any FMG publication may be reproduced, copied or transmitted without the prior written permission from FMG.
1.13 FMG will not accept liability for any loss or damage caused by any error or inaccuracy in the printing or non-appearance of any advertisement and reserve the right to edit or delete any objectionable wording or reject any advertisement.
1.14 It is the advertisers duty to check their advertisement carefully and advise us of any error that has occurred. If the error is the fault of FMG we will only accept responsibility for one incorrect insertion.
1.15 No repeat, refund or adjustment will be made where in the opinion of FMG the error, misprint or omission does not materially detract from the advertisement. In no circumstances shall the FMG total liability exceed the price of the advertisement or the cost of a corrected advertisement.
1.16 The placing of an order by an advertiser, or an advertising agency on behalf of a client, constitutes a warranty that all necessary authority and permissions have been obtained in respect of the copy, fonts, artwork or photographs, in whatever format supplied, for use in an advertisement. The customer is to indemnify FMG in respect of all actions, proceedings, costs, claims and demands arising from any breach of this condition.
2.1 All advertisements from first time advertisers must be prepaid at the time of booking or at the latest by the booking deadline with cleared funds unless credit terms have been agreed by FMG. Where payment is not made within these terms FMG reserve the right to cancel the advertisement.
2.2 Where credit terms have been agreed, failure to settle payments by the due date as set down by FMG may result in your account being sent to a debt collection agency and FMG will apply a debt recovery charge. Subsequently a claim will be made for payment with the County Court. Any such claim will include the cost of any court fees. FMG also reserves the right to claim interest at a rate of 8% for the period of time between the due date and the date when payment is made.
2.3 Where FMG is requested to amend or redesign artwork for any client, FMG reserve the right to charge for each amended or redesigned advert at the standard rate for layout of artwork.
2.4 Where advertisements are booked by an advertising agency, all payment terms apply to that agency.
2.5 The placing of an order does not give the right to renew on similar terms.
3.1 All single insertion or series bookings are non-cancellable.
3.2 Should any applicable artwork, photos or copy not be received by the agreed copy deadline the booked space will be forfeited by the advertiser for alternative use or sale by FMG without refund of costs paid. Where credit terms apply, the costs will remain payable.
4.1 FMG will not be liable for any error, misprint or non-appearance of an advertisement. It is the responsibility of the advertiser to check the accuracy of an advertisement.
5.1 FMG cannot guarantee the success of any single insertion or series of advertisements and will not accept any responsibility for the commercial failure of any advertisement(s).
5.2 FMG makes every effort to ensure the accuracy of its content, however FMG accept no responsibility or liability for any errors, omissions, the accuracy of statements made within the publication or any loss arising from the publication or non-publication of an advertisement.
5.3 FMG does not endorse any product, service, business or event included in its publications.
6.1 Unless agreed at the time of booking, FMG does not guarantee the specific positioning of an advertisement within an issue. For a booking of multiple months, the positioning of an advertisement may change each month.
6.2 Any physical submissions to FMG including copy, photos or other documents or materials will be held for six months. After this time, if no arrangement has been made for collection such items will be disposed of.
6.3 FMG shall not be liable should it be prevented from publishing, by law or by any event beyond the reasonable control of FMG.
6.4 Advertisers will be liable for any costs, losses or any other damages incurred as a result of any legal claims or actions arising due to the breach of any of these conditions by the advertiser, or by the publication of an advertisement.
6.5 FMG may cancel an order any time if the advertiser is in breach of any of these conditions, or if FMG believes that the advertiser is unable to settle its liability to FMG as it falls due.
6.6 FMG will hold advertiser’s details as long as it is reasonably necessary to do so, and will not pass details onto a third party without an advertiser’s consent, unless failure to do so would cause FMG to be unlawful.
6.7 FMG reserves the right to cancel or suspend any FMG publication without prior notice and not be liable for any losses incurred by advertisers.
6.8 FMG reserves the right to amend the distribution, the distribution outlets for the magazine and the dates on which an issue is published without prior notice and without giving reason.
6.9 By placing an order to advertise with FMG, whether orally, verbally, including written or electronically, an advertiser agrees fully to these terms and conditions.