Terms & Conditions – Asiana Wedding Magazine

General Advertising Terms & Conditions

1  Definitions

 1.1 In these conditions “the Publisher” means Ahmed Concepts Ltd. Registered office: 16 Beaufort Court, Admirals Way, Docklands, London, United Kingdom, E14 9XL and “the Advertiser” means the person, firm or company to whom this order is addressed.

1.2  “the Advertisement” means the advertisement(s) the subject of this order.

1.3 The “agreement” includes contracts and verbal arrangements confirmed in writing.

 

2  Formation of the Contract

2.1 These conditions shall form the basis of the contract between the Publisher and the Advertiser.

2.2 No employee or agent of the publisher has power to vary these conditions orally.

2.3 All quotations and estimates by the Publisher are invitations to treat. The Advertiser’s order is an offer which may be accepted by the Publisher delivering its acknowledgement of the order.

2.4 The Publisher will publish the Advertisement at the request of any representative of the Advertiser.

2.5 The construction, validity and performance of these conditions and this order shall be governed by English Law.

2.6 These general conditions shall be subject to such further special conditions as may be prescribed in writing by the Publisher.

2.7 In the event of any conflict, or apparent conflict, between the special conditions and these general conditions, the special conditions shall prevail.

2.8 These conditions supersede all previous trading terms issued by the Publisher.

2.9 All notices to be served under these conditions shall be served by first class pre-paid post, e-mail or facsimile message at the registered office or principal trading/personal address of the intended recipient. Notices shall be deemed served when they would ordinarily have been received in normal business hours according to the means of transmission of such notices.

 

3  Cancellation

3.1 No cancellation or variation of the whole or any part of the Order by the Advertiser is permitted, except where expressly agreed in writing by the Publisher.

3.2 The consent of the Publisher to cancel or vary the order shall not in any way prejudice the Publisher’s right to recover from the Advertiser full compensation for any loss or expense arising from such cancellation or variation on an indemnity basis.

3.3 A cancellation charge of 100% of the fee will be payable for cancellation of annual contracts.

3.4 Any advertisement not published due to the advertiser not providing information/artwork in time will be the responsibility of the advertiser and will have to be paid for.

3.5 No cancellations will be accepted for Advertising Pages/Space in the event that additional Services, such as Photoshoots or Editorial, are not provided by the Publisher, regardless of the reason. All Advertising Pages are expressly booked as Space Only, with the Advertiser taking full responsibility for providing suitable artwork by the given deadline. In the event that the Advertiser has ordered Photoshoots or other Services, itemised and listed on the same Sales Order or separately, the Advertiser cannot cancel the Advertising Pages if for any reason the Publisher is unable to provide the additional Service. Where the Publisher is unable, through its own fault, to provide the additional Services, the Advertiser will be offered a full refund on the individual Service as itemised and listed on the Sales Order and the Advertiser will remain committed to provide suitable artwork within the given deadline.

 

4  Price and Payment

4.1 Fees quoted are exclusive of VAT.  VAT is added at the rate applying at the appropriate tax point.

4.2 Unless other credit terms have been agreed, all advertising must be pre-paid.

4.3 The Publisher reserves the right to charge interest at 5% per annum above the base rate from time to time in force of Barclays Bank plc on all overdue accounts.

4.4 The Advertiser shall not be entitled to withhold payment by reason of any dispute, in particular, a claim that the Advertisement contains minor inaccuracies, which do not, in the reasonable opinion of the Publisher, detract from the overall substance of the Advertisement.

4.5 All legal costs and expenses reasonably incurred by the Publisher in seeking to collect overdue invoices from the Advertiser or otherwise to enforce its rights under this contract will be recoverable from the Advertiser on an indemnity basis.

4.6 The Publisher will not be obliged to publish any advertisement for which payment has not been made.

4.7 Each Service provided by the Publisher, as itemised and listed in the Sales Order or other Contracts, Communications and Agreements, is independent to other Services that may be itemised and listed on the same Order. In the event that the Publisher, for any reason, is unable to provide one or more of the itemised Services, the Advertiser remains committed to the remaining Services.

4.8 For clarity, all Advertising Pages are booked as Space Only – the Publisher has made available and reserved the requested number of pages for the issue. If other Services are requested on the same or separate Order, such as Photoshoots or Editorial Content, these are independent Services and have no bearing on other items listed and ordered by the Advertiser.

 

5  Publication

5.1 Publication dates are given in good faith but are not guaranteed and no liability will be accepted by the Publisher for any loss whatsoever suffered or caused through late publication or non publication or the omission of the Advertisement.

5.2 The Publisher is not obliged to publish any Advertisement unless the acknowledgement of order is signed by or on behalf of the Advertiser and returned to the Publisher within 7 days prior to the proposed date of publication.

5.3 The Publisher shall not be liable for any delay or non publication arising from circumstances outside its control, including but not limited to, fire, accidents, defective materials or delays in receipt of raw materials. In such circumstances, the Publisher shall be at liberty to publish the Advertisement at the earliest possible date.

5.4 If the Advertiser wishes to claim that the Advertisement contains inaccuracies, the Advertiser shall give notice in writing to the Publisher within 7 days after the date of publication of the Advertisement, failing which the Advertisement shall be deemed to have been accurately published.

5.5 Due to the nature of the printing process, no guarantee can be given that the colour(s) contained in Advertisements will accurately match copy submitted in all material respects.

5.6 If the Advertiser shall become bankrupt or insolvent, or have a receiving order or administration order made against him or compound with his creditors or being a corporation, commence to be wound up, not being a members voluntary winding up for the purpose of reconstruction amalgamation, or carry on its business under a receiver for the benefit of its creditors or any of them or the Publisher has bona fide doubts as to the solvency of the Advertiser, all sums payable to the Publisher by the Advertiser in respect of Advertisements placed under earlier orders or otherwise shall become due and payable forthwith without any requirement for any notice to be given and the Publisher shall be released from its obligation to publish any future Advertisements as remain unpublished, save on terms acceptable to the Publisher.

5.7 The Advertiser from time to time may book or hire Services from the Publisher, including (but not limited to) Photoshoots, as part of the Sales Order, or as a separate booking. In the event of any cancellation of the Services attributable to the Advertiser, regardless of reason, will result in the Advertising being liable to pay 100% of the costs and charges for the Services. Unless otherwise agreed in writing, the Advertiser agrees that any cancellation of Services attributable to the Publisher will be rescheduled by mutual agreement. In the event that the Advertiser suffered direct financial loss as a result of such cancellation, the Publisher’s liability shall not exceed the sum charged for the cancelled Service – as itemised and charged on the Sales Order.

5.8 All Services, as itemised on the Sales Order, are provided by the Publisher on an individual basis. No cancellation or variation of any individual Service will affect the Advertiser’s obligations and commitment to other items listed on the Sales Order.

 

6  Compliance and Copyright

6.1 The copy for the Advertiser’s Advertisement (including any photographs, drawings and the like) must be legal, decent, honest and truthful and comply with the British Code of Advertising Standards Authority. The Publisher reserves the right to amend the Advertisement to ensure compliance with such requirements.

6.2 The Publisher is not able to verify the truthfulness of any statements made by the Advertiser in its Advertisement copy. Accordingly, the Advertiser shall be responsible for any losses, expenses or other liabilities incurred by the Publisher which arise in connection with any untrue statement made by the Advertiser.

6.3 The Advertiser consents to the publication of the Advertiser’s personal data (including name and telephone number) in Ahmed Concepts Ltd publications in the form of the copy supplied by the Advertiser.

6.4 The Advertiser assigns the copyright and design rights in the whole of the Advertisement to the Publisher and warrants that the Publisher has full Power to do so. The copyright in the Advertisement is thus vested in the Publisher; The Advertiser undertakes that neither it nor any third party will assert any normal rights in or relating to the copyright in the Advertisement against the Publisher or any third party.

6.5 Neither the Advertisement nor any part of the Advertisement may be reproduced in any other publication or otherwise without the Publisher’s prior written consent and the Advertiser shall not license, permit or authorise any such reproduction.

6.6 The Advertiser understands and accepts that full copyright of all creative work produced by or on behalf of the Publisher remains the sole copyright of the Publisher, including concept, photographs, images, videos, graphics and written material. The Advertiser shall not, without written permission of the Publisher, use or allow other parties to use any creative work produced by the Publisher. Where usage of Publisher property is granted to the Advertiser by the Publisher, this permission may be withdrawn at any time.

6.7 The Advertiser understands, agrees and accepts full liability without limit to pay any costs and penalties paid by Publisher to any third party for the use of images, artwork and other materials supplied by the Advertiser to Publisher. It is the Advertiser’s sole responsibility to ensure that any images, material or designs supplied to Publisher for publication have been duly authorised by the copyright holder to be used by Publisher on behalf of the Advertiser.

 

7  Liability

7.1 The provisions of this clause 7 constitute the entire liability of the Publisher under this which, in any event, shall not exceed the contract price of the Advertisement, save in respect of the Publisher’s liability for death or personal injury resulting from negligence.

7.2 Save as set out in the foregoing sub-clause, all warranties or other terms implied by statute or otherwise shall not apply to this order, including but not limited to those implied by the Supply of Goods and Services Act 1982 and the Consumer Protection Act 1987.

7.3 The publisher shall not be liable for any consequential or indirect loss suffered by the Advertiser or any third party in relation to this order and the Advertiser shall indemnify the Publisher in respect of any claim of any person in respect of such consequential or indirect loss.

 

The SALES ORDER constitutes a binding contract between you, your organisation and Ahmed Concepts Ltd (company).

You warrant that you have full authority to enter into this contract. If you enter into this contract on behalf of a Limited Company registered with Companies House, you must ensure that the correct name of the company is included in this Sales Order. If you are not representing a Limited Company, you agree to take Personal Liability for the whole of the Sales Order. The details set out in this form together with the standard terms and conditions of the company constitute all the terms of this order. If you have not previously done business with the company or are unsure as to the full content of our standard terms and conditions please email advertise@asiana.tv .

The contract shall be governed in accordance with the laws of England and you hereby agree to submit to exclusive jurisdiction of the English courts in England.