The term ‘ADVERTISER’ means the party who books the space and is responsible for payment. The term ‘AGENT’ refers to any third party acting under the instruction of the ‘ADVERTISER’.
The term ‘ADVERTISEMENT’ refers to any copy, including but not exclusive to editorial submissions, display advertising, sponsorship, to be used in the advertising space booked by the ADVERTISER or AGENT.
ADVERTISMENTS
All ADVERTISEMENT orders for space are subject to acceptance from the PUBLISHER and are subject to the following conditions:
1. The PUBLISHER reserves the right to refuse, amend, withdraw or otherwise deal with all ADVERTISEMENTS submitted to him at his absolute discretion and without explanation. All ADVERTISEMENTS must comply with the British Code of Practice. All ADVERTISEMENT and editorial copy, including all images and text, are accepted in good faith by the PUBLISHER. Whilst every effort will be made by the PUBLISHER to verify copyright, the ADVERTISER, upon submitting copy, acknowledges full responsibility for copyright clearance and accepts complete legal liability for all materials supplied. This extends to all other parties submitting copy. The ADVERTISER permits the PUBLISHER to reproduce submitted ADVERTISEMENT copy in any of its publications and promotional material (including websites). All copyright resides with the original author.
2. The PUBLISHER will not be liable for any loss or damage consequential or otherwise occasioned by error, late publication or the failure of an ADVERTISEMENT to appear from any cause whatsoever.
3. The ADVERTISER will indemnify the PUBLISHER against any damage and/or loss and/or expense which the PUBLISHER may incur as a direct or indirect consequence of the ADVERTISER’s announcement.
4. Notwithstanding anything in these conditions providing to the contrary, neither the PUBLISHER nor the ADVERTISER shall be liable to each other for any loss or damage consequential or otherwise caused by or arising out of any Act of Parliament, Order of Council, Act of State, strike of employees, lock out, trade dispute, enemy action, rioting, civil commotion, fire, force majeure, act of God or similar contingency beyond the control of either of them.
5. The PUBLISHER cannot accept responsibility for any omission, degradation or other alteration in respect of copy submitted via electronic mail.
6. In no circumstances does the placing of any order confer the right to renew on similar terms.
7. The PUBLISHER reserves the right to increase ADVERTISEMENT rates at any time or to amend the terms of contract as regards space or frequency of insertion; in such event, the ADVERTISER has the option of cancelling the balance of the contract without surcharge.
8. The PUBLISHER reserves the right to refuse cancellations or transfer. Any ADVERTISEMENT booked as a Premier Slot or Cover Position is strictly non-cancelable and non-transferable.
9. Series discounts apply only to orders placed in advance and completed within one year of the date of the first insertion. For series packages the PUBLISHER will repeat the same ADVERTISEMENT in all subsequent issues in the series, unless informed otherwise by the ADVERTISER. If the ADVERTISER or AGENT wishes to change the ADVERTISEMENT for any/all issues they must submit new ADVERTISEMENT copy to the PUBLISHER before the copy deadline for each specific issue.
10. If the ADVERTISER cancels the balance of a contract, except in the circumstances stated in paragraph 7, all unearned series discounts will be surcharged. The PUBLISHER reserves the right to surcharge in the event of insertions not being completed within the contractual period. All surcharges will be applied at the publisher’s original rate card. All cancellations accepted by the PUBLISHER will be subject to an administration charge of £65.00.
11. Where the ADVERTISER has undertaken to supply inserts which have been accepted and approved by the PUBLISHER, the PUBLISHER reserves the right to charge the rate agreed if they fail to arrive at the agreed time and place for insertion.
12. Copy must be supplied without application from the PUBLISHER. Copy deadline is indicated on the space allocation form signed by the ADVERTISER. The PUBLISHER reserves the right to alter this deadline according to production schedule and market trends.
13. Copy matter provided must conform to the PUBLISHER’s requirements as outlined under the technical specification. Any additional work involved may be charged for. The technical specification is available at www.cognitivepublishing.com/techspec.htm and hard copies are available from the PUBLISHER.
14. In the event of the ADVERTISER failing to submit copy and approval by the PUBLISHER's deadline, the ADVERTISER will forfeit any allocated space and will be charged the rate agreed at the time of booking.
15. All editorial is offered free of charge and independently of any advertising space purchased by the ADVERTISER. Whilst the PUBLISHER will endeavour to accommodate all free editorial, the submission of editorial in no way guarantees its inclusion. The editor’s decision to include or exclude any editorial submission is final and no discussion will be entered into thereafter. The ADVERTISER accepts that all editorial will be edited in accordance with house style. The ADVERTISER also acknowledges the PUBLISHER’s right to refuse or edit any submissions and permits the PUBLISHER to reproduce submitted editorial and images in any of its publications and promotional material (including websites). All copyright resides with the original author.
16. Requests will normally be granted to use Cognitive Publishing’s design layout as long as Cognitive Publishing is credited, and where the layout is not modified without prior permission. This will incur a charge, and is entirely at the PUBLISHER's discretion. Permission will only be granted where its use is not detrimental to Cognitive Publishing Ltd or any of its publications. The copyright of the text and images remain with the original author(s).
17. Whilst all efforts will be made to accommodate ADVERTISER’s wishes with regards to ADVERTISEMENT and editorial positions, the PUBLISHER in no way guarantees that these requests will be met. All ADVERTISEMENT and editorial will be placed as the editor sees fit, and the editor’s decision is final. Any efforts to accommodate the ADVERTISER’s wishes are complimentary and entirely at the editor’s discretion, and in no way form any part of the contract between the PUBLISHER and the ADVERTISER.
18. The PUBLISHER cannot accept responsibility for changes in dates of insertion and copy unless these are confirmed in writing and in time for the changes to be made. The PUBLISHER reserves the right to charge for any additional expense involved in such changes.
19. Where the PUBLISHER is designing or making alterations to any ADVERTISEMENT, the PUBLISHER will supply the ADVERTISER with a proof as long as this falls within the stipulated copy deadline, and providing it is practical to do so. In submitting completed advert copy it is understood that the ADVERTISER gives his/her approval to the advert being run as is, and on such occasions no proof will be supplied by the PUBLISHER. The PUBLISHER accepts no responsibility for the running of incorrect advert copy approved by the ADVERTISER or his/her AGENT. Where possible, alterations to ADVERTISEMENT copy can be made by the PUBLISHER at the request of the ADVERTISER. At the PUBLISHER’s discretion, the redesign fee will be waived for any changes requested by the ADVERTISER on the first occasion. Any subsequent changes requested by the ADVERTISER, not specified on the first occasion, will be subject to a £75 redesign surcharge.
20. Credit accounts are strictly net and must be settled within 14 days. If an account becomes overdue, the PUBLISHER reserves the right to withdraw any discounts (including all commisions) applied at the time of booking and re-invoice at the PUBLISHERS original rate card. Overdue accounts will accrue interest at the current rate under the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002. These late payment charges will be applied at the PUBLISHERS rate card.If an account is overdue the PUBLISHER reserves the right to suspend insertions and apply a surcharge at the PUBLISHERS original rate card.
21. One voucher copy will be provided for each ADVERTISEMENT published. Electronic copies of all published artwork and editorial can be supplied by the PUBLISHER to the ADVERTISER, in accordance with paragraph 16.
22. The ADVERTISER shall be responsible for the insurance of all art work and other ADVERTISEMENT material delivered by him/her to the PUBLISHER and the PUBLISHER cannot accept any liability for any loss or damage.
23. The PUBLISHER reserves the right to destroy all art work and other materials which have been in his or his printer's custody for 12 months, provided always that their ADVERTISER or his agent has not given instructions to the contrary. The PUBLISHER may exercise this right without giving further notice to the ADVERTISER.
24. If in the unlikely event that the ADVERTISER is dissatisfied with the PUBLISHER’s service, a formal complaint must be made in writing to Roy V Rowlands, providing full details of the advert, publication title, issue number, page number and the exact nature of the complaint, within 14 days of receipt of voucher copy. Cognitive Publishing cannot process any complaint that does not meet these requirements.
25. Although telephone calls may be recorded for monitoring, training and quality control your signed order form clearly acknowledges your understanding of the boundaries of the contract between both parties and supersedes any previous correspondence either verbal, written electronic or otherwise.
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