Terms & Conditions
Effective from 1 January 2007 to 31 December 2007
1. These conditions shall apply to all advertisements accepted for publication. Any other proposed condition shall be void unless incorporated clearly in written instructions and specifically accepted by the Publisher.
2. All advertisements are accepted subject to the Publisher’s approval of the copy and to the space being available.
3. The Publisher reserves the right to omit or suspend an advertisement at any time for good reason, in which case no claim on the part of any Advertiser for damages or breach of contract shall arise. Should such omission or suspension be due to the act or default of the Advertiser, or his servants or agents, then the space reserved for the advertisement shall be paid for in full not withstanding that the advertisement has not appeared. Such omission or suspension shall be notified to the Advertiser as soon as possible.
4. If the Publisher considers it necessary to modify the space or alter the date or position of insertions or make any other alteration, the Advertiser will have the right to cancel if the alterations requested are unacceptable, unless such changes are due to an emergency or circumstances beyond the Publisher’s control. Every care is taken to avoid mistakes but the Publisher cannot accept liability for any errors due to third parties, sub-contractors or inaccurate copy instructions.
5. The Advertiser warrants that the advertisement does not contravene any Act of Parliament nor is it in any other way illegal or defamatory or an infringement of any other party’s right or an infringement of the British Code of Advertising Practice.
6. The Advertiser will indemnify the Publisher fully in respect of any claim made against the Publisher arising from the advertisement. The Publisher will consult with the Advertiser as to the way in which such claims are to be handled.
7. Advertisement rates are subject to revision at any time and orders are accepted on condition that the price binds the Publisher only in respect of the next issue to go to press. In the event of a rate increase, the Advertiser will have the option to cancel the order without surcharge or continue the order at the revised advertisement rates.
8. The advertiser warrants to maintain strict confidentiality around details of the commercial arrangements between the Publisher and themselves. Should details of advertising contracts be passed to any third party, the Publisher reserves the right to retrospectively surcharge advertisers to the appropriate rate as defined by this rate card.
9. If an Advertiser cancels the balance of a contract, except in the circumstances set out in clauses 4 or 7, he relinquishes any right to any discount to which he was previously entitled and advertisements will be paid for at the appropriate rates.
10 Recognised advertising agents will be allowed by the Publisher 5% commission on the quoted rates as appropriate provided payment is made by the due date and all other requirements are strictly complied with.
11. The due date for payment is required 14 days before publication. If accounts are not paid by the due date the Publisher reserves the right to cancel the order.
12. Charges will be made to the Advertiser or his Agent where the printers are involved in extra production work owing to acts defaults of the Advertiser or his Agent. The charges will be at the rates agreed prior to publication.
13. Complaints regarding reproduction of advertisements must be in writing, and must be received within one calendar month the on sale date.
14. Cancellation: Notice in writing is required to stop or suspend an insertion. The notice is to arrive with the Publisher 12 weeks prior to publication date.
15. If copy instructions are not received by the agreed copy date guarantees can not be given that corrections will be made and the Publisher reserves the right to repeat the most appropriate copy.
16. Advertisers’ property, artwork etc, are held at Owners’ risk and should be insured by them against loss or damage from whatever cause. The Publisher reserves the right to destroy all advertising material which has been in his custody for 6 months from the date of its last appearance.
17. For the purpose of these conditions, ‘Advertiser’ shall refer to the Advertiser or his Agent whichever is the principal.
18. These conditions and all other express terms of the contract shall be governed and construed in accordance with the Laws of England.
19. The distribution boundaries of wholesalers do not precisely co-incide with those of ITV areas, and that therefore there may be some small variation at the margins of each area. Every effort is made to adhere as closely as possible to ITV territories.
20. Final print-runs are not decided until one week prior to on-sale. Therefore the total amount of inserts used may vary.
21. The distribution boundaries of wholesalers do not precisely co-incide with those of ITV areas, and that therefore there may be some small variation at the margins of each area. Every effort is made to adhere as closely as possible to ITV territories. Final print-runs are not decided until one week prior to on-sale. Therefore the total amount of inserts used may vary. Unless an Advertiser has been guaranteed the position of Fully Facing Matter in writing then advertisements could appear opposite other advertisements and no compensation will be given.
22. Occasionally CALABASH may print an additional run of "Lite" magazines for marketing and sampling purposes only. These will be over and above the full print-run of the main magazine and only 70% of the total advertising volume of the corresponding on-sale issue of CALABASH is required to be reprinted in any Lite. The advertisements which do appear are entirely at the discretion of the Publisher and have no positional guarantees attached.
