1. |
Advertisement copy shall be legal, decent, honest and truthful;
shall comply with the British Code of Advertising Practice
and all other codes under the general supervision of the Advertising
Standards Authority; and shall comply with the requirements
of current legislation.
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| 2. |
The Publishers
reserve the right to decline any copy material of which they
may not approve whether an order shall have been accepted
or not. All advertisements are accepted subject to approval
and conditionally upon space being available. The Publishers
also reserve the right to cancel or suspend any contract for
advertising without stating a reason.
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| 3. |
While
every endeavour will be made to meet the wishes of the advertiser,
the Publisher does not guarantee the insertions of any particular
advertisement.
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| 4. |
In
the event of any error, misprint or omission in the printing
of an advertisement or part of an advertisement (not being covered
by Clause 5 of this contract) the Publisher will either re-insert
the advertisement or relevant part of the advertisement as the
case may be or make a reasonable refund of or adjustment to
the cost. No re-insertion, refund or adjustment will be made
where the error, misprint or omission does not materially detract
from the advertisement. In no circumstances shall the total
liability of the Publisher for any error, misprint or omission
exceed |
| a) |
the
amount of a full refund of any price paid to the Publisher for
the advertisement in connection with which liability arose or |
| b) |
the cost
of a further or corrective advertisement of a type and standard
reasonably comparable to that in connection with which liability
arose.
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| 5. |
The
Publisher reserves the right to: |
| a) |
Cancel
the order at any time by giving reasonable notice before the
next insertion, but in that event the advertiser/ advertising
agency shall not be liable for payment of the difference (if
any) between the rates for the series specified in the order
and the usual price for the series of insertions which has appeared
when the order is stopped; |
| b) |
Make any
alteration it considers necessary or desirable in an advertisement
and to require blocks of copy to be amended to meets its approval.
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| 6. |
The copyright
for all purposes in all artwork, copy and other material that
the Publisher or his employees have contributed to or reworked
shall vest in the Publisher.
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| 7. |
Omissions
or wrong insertions will only be made up with the agreement
of the advertiser/advertising agency.
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| 8. |
Cancellation
or suspension of orders cannot be accepted less than six weeks
before publication date.
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| 9. |
Voucher
copies, tear sheets or other proof of insertion, as agreed,
are to be supplied to the agency as soon as possible after
the publication.
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| 10. |
The placing
of an order by an advertiser, or advertising agency on behalf
of a client, constitutes an assurance that all necessary authority
and permission has been secured in respect of the use in the
advertisement(s) of pictorial representations (or purporting
to be of) living persons, and of references to the words attributed
to living persons.
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| 11. |
The advertiser/advertising
agency agrees to indemnify the Publisher in respect of all
costs, damages, or other charges falling upon the magazine
as the result of legal actions or threatened legal actions
arising from the publication of the advertisement, or any
one or more of the series of advertisements, published in
accordance with the copy instructions supplied to the magazine
in pursuance of the advertiser/advertising agency's order.
In any case where a claim is made against the magazine or
the magazine is sued and the advertiser/advertising agency
may ultimately be liable under the terms hereof, notice in
writing shall be given to the advertiser/advertising agency,
and consultation shall take place before any expense is incurred
or the claim is settled or the case is defended or otherwise
disposed of.
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| 12. |
When credit
is allowed, payment for an advertisement is subject to the
cash flow rules currently in force and as agreed between the
advertiser/advertising agency and the Publisher:
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| a) |
The due
date of payment is 30 days from date of invoice, provided
invoices and vouchers (or other proof of insertion), if required,
have been despatched not later than the 10th day of the month
of insertion.
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| b) |
When
the sum owing has not been despatched to the Publisher by the
agreed date as specified in a) above, a surcharge of 3% will
be applied to the gross rate. |
| c) |
The existence
of a query on any individual item in an account shall not
affect the due date of payment of the balance of the account.
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| 13. |
The Publisher
shall not be liable for any loss or damage occasioned by any
total or partial failure (however caused) of publication or
distribution of any edition in which any advertisement is
scheduled to appear.
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| 14. |
Copy instructions
must reach the Advertisement Department, Soldier Magazine,
Ordnance Road, Aldershot, Hants GU11 2DU, no later than the
dates specified. In the event that artwork/copy does not arrive
by the copy deadline the Publisher reserves the right to print
previous copy as supplied by the Advertiser/Agency.
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| 15. |
The
placing of an order for the insertion of an advertisement shall
amount to an acceptance of the above conditions and any conditions
stipulated on an agency's order form or elsewhere by an agency
or and advertiser shall be void insofar as they are in conflict
with them. |
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