1. All advertising orders placed in Touchpoints hereafter “The Magazine” or on packtouchpoints.com hereafter “The Website” by the advertiser and received by Rapid News Group or its agents, hereafter “The Publisher”, shall be governed by the terms and conditions below.
2. Advertisers and advertising agencies will agree to indemnify and hold harmless The Publisher from any claim arising out of the publication of any material or advertisement submitted to The Publisher by the advertiser and published in The Magazine or in any associated products whether delivered on paper or in electronic form.
3. The Publisher has the right to reject any advertising material submitted for publication in The Magazine in print and/or online. The Publisher has the right to insert the word Advertisement alongside any copy/advertisement scheduled to appear in the publication in print and/or online.
4. Advertisements booked to appear in The Magazine in print and/or online may only be cancelled by the submission in writing of a cancellation note no later than 30 days before the print issue reservation closing date. Online orders may not be cancelled after execution has commenced. It is the advertiser’s responsibility to gain acknowledgement of receipt of confirmation of cancellation in writing.
5. The Publisher will not be held responsible for any costs or damages beyond the agreed costs of the advertisement where such cost has been prepaid by the advertiser or where production quality of such advertisement is below standard.
6. The Publisher will issue invoices in Euros in every instance. If an advertiser wishes to pay in another currency they must advise The Publisher at the time of booking. In this instance, The Publisher reserves the right to protect themselves against currency fluctuations between the time of order and payment. In respect of this provision the exchange rates applicable, will be advised at the time of booking and the amount due in foreign currency clarified for the avoidance of doubt.
7. All fees for digital or print orders are invoiced upon signature and payable within 30 days. Where advertising is booked for or on behalf of an advertiser by an agent or advertising agency then the client as principal is and remains liable for the liability incurred and particularly for any monies still owing in the event of default by the said agent or agency.
8. Where an advertiser has been granted a discount (for example for a series booking) and the advertiser fails to settle within 30 days of publication either in print or online the advertiser will automatically lose the discount for that advertisement and shall be liable to pay the full rate card price of the advertisement.
9. The positioning of an advertisement is at the discretion of The Publisher except when an advertiser has paid the preferred position charge and the availability of this position has been confirmed in writing by The Publisher. Preferred and guaranteed positions are sold at an extra premium.
10. Any order containing digital advertising or communication elements must be executed within 12 months of the contract date. Any elements not executed after twelve months will be declared void and will not be executed by The Publisher. For the avoidance of doubt any elements that are voided will not be refunded. There will be no extensions to contracted advertising time period due to delayed arrival of creative.
11. This contract shall be governed by the laws of England and Wales whose courts shall be the proper forum for any action commenced either by The Publisher or by the advertiser.
12. The Publisher will not return any materials submitted for publication in The Magazine in print and/or online, or any associated properties, unless prior agreement is issued in writing by The Publisher. The Publisher has the right to destroy any materials submitted for publication in The Magazine in print and/or online, or any associated properties, after 12 months from their receipt.
13. The advertiser shall lose the right to any compensation for any deficiency of whatever nature in The Publisher’s service in respect of any edition unless the advertiser notifies The Publisher in writing within 30 days of publication of that edition, or date of upload onto website, setting out the deficiency. This clause applies retrospectively to all past editions and the advertiser explicitly accepts its retrospective effect.
14. The advertiser may incur additional charges where artwork supplied requires changes, amendments or alterations for publication in The Magazine in print and/ or online.
15. Advertising agency commission is 10 per cent, for accounts settled within 30 days of invoice date. There will be no variation in this clause.
16. The Terms & Conditions above shall form the entire contract between the parties, and other terms shall only be imported if submitted in writing and agreed by the parties, such agreement to be evidenced, on behalf of The Publisher, by the signature of a competent director.
