Terms & Conditions
1.1 In these conditions the following expressions shall have the following meanings: Digame Publicaciones CB is referred to as "the Company" and any person, company, institution, advertising agent or agency placing an ad is referred to as 'the Advertiser". 'Advertisement" means an advertisement, insert, cover-mount product placement, ambient media display or tip-on placed by an advertiser in a Digame Publicaciones CB "Advertisement Rates" means the rate for Advertisements shown in the 'media pack'. 'Artwork" means film or various digital formats.
2.1 An Advertisement will be inserted on receipt of a signed confirmation form accompanied by the Advertisers Letter Head or compliment slip, an email responded to from a company email or at the discretion of the company.
2.2 The Company or the Client reserves the right to refuse or change the position of any Advertisement accepted for insertion in Little Big Tree Limited publications, or change to TYPE display, unless otherwise agreed in writing.
2,3 Advertisement orders issued by an advertising agency will be treated as issued by that agency as principal. Where copy or other instructions not constituting an official order are issued, they must clearly be marked "copy instructions
2.4 The placing of an order from the insertion of an Advertisement shall be subject to these conditions and any conditions stipulated on the Advertiser's order form or elsewhere shall be of no effect in so far as they are in conflict with these conditions.
2.5 All Advertisements accepted are subject to the Company's approval of copy and to space being available in the specified Digame Publicaciones CB publication.
3. ADVERTISERS WARRANTY
The Advertiser warrants that the Advertisement: 3.1 Does not contravene any Act of Parliament or subordinate legislation. 3.2 Is not in any way illegal or defamatory or an infringement of any other party's rights. 3.3 Is legal, decent, honest and truthful and 3.4 Is not an infringement of the British code of Advertising Practice. The Advertiser hereby agrees to indemnify the Company against any and all accounts, proceedings, claims, demands, damages and costs (including legal costs) for the breach of this warranty in respect of defamation, obscenity,misrepresentation or libel, or any other claim arising out of, or in respect of, the Advertisement.
4.1 The Company cannot he held responsible for alterations or corrections to proofs, if they are returned after the specified date or not confirmed in writing. 4.2 No responsibility is taken for the accuracy of copy not given in writing to the Company.
5. ARTWORK. ETC.
5.1 Artwork and/or photographic materials submitted to the Company remain entirely at the risk of the person by whom, or on whose behalf, they were submitted. Unless otherwise arranged, the Company reserves the right to return or dispose of such artwork and/or photographic materials if not collected within six months of submission
and any return carriage costs must be paid by such persons.
8.2 If at the time, when advertising space is being ordered by an advertising agency, that agency does not disclose: (a) The name of its client and/or (b) The product and/or services which are to be the subject of the Advertisement(s), for that space the Company may, at any time, refuse or suspend the Advertisement(s) the agency proposes for such space.
8.3 In the circumstances set out in sub-clause 8.2 above, the Advertiser (which for these purposes shall mean both the advertising agency and its clients) shall have no claim against the Company in respect of the refusal or suspension and, if the space is not filled by the Company, the Advertising agency shall be responsible for any loss suffered by the Company. In any case, under sub clause
8.1 above, the Company will return any money paid by the Advertiser in respect of any Advertisement which does not appear and, in the case of an order for a series of Advertisements, the Advertiser will not be liable for the difference between the rate agreed for the entire series specified in the order and the usual rate for the number of Advertisements which has appeared when the cancellation occurs.
8.4 Cancellations and transfers can only be accepted if requested by the Advertiser in writing, and if such request is received by the Company not less than 4 weeks before publication date in the case of weekly/monthly/quarterly publications or other specified in the publication's rate card/media pack. Orders placed with less than 4 weeks until publication may not be cancelled and are non-refundable.
8.5 If an Advertiser cancels the balance of an order, he relinquishes any right to the series discount to which he was previously entitled, and must pay for Advertisements at the appropriate rate set out in the rate card for the number of Advertisements which has appeared prior to the cancellation taking effect. Payment for the balance owing will be required (clear) 7 days from invoice.
9.1 The Advertiser shall notify the Company in writing of any error in a published Advertisement prior (whenever practicable) to the copy date for any subsequent insertion of the same Advertisement, and in any case within 14 days of the first publication date. Failing such notification, the Company will he under no liability to the Advertiser in respect of such errors, and the Advertiser will indemnify the Company against all actions, proceedings, claims, demands, damages and costs (including legal costs) brought or made by third parties.
10. RATES AND PAYMENT
10.1 Unless the Company agrees otherwise in writing, the price for any Advertisement (including any Advertisement being published as part of a series) will be the price (according to the publication's price guide/ media pack) prevailing at the date of publication.
10.2 Payment for advertising is pre-press. Unless the Company agrees otherwise (in writing) payment is due 14 days from date of invoice. If an order is placed with less than 14 days until the copy deadline, payment will be required and invoiced immediately. Failure to pay accounts within 14 days will lead to additional charges being levied as follows:
(a) 20% on the gross rate where the sum owing has not been paid and cleared on the due date.
(b) A further 30% on the gross rate (making a total of 50%) where the sum owing remains unpaid 14 days or more after the due date, and a further 30% each month thereafter.
10.3 Charges will be made to the Advertiser where the printers are involved in extra production because of exceptional production requirements or acts or defaults of the Advertiser.
11.1 The Advertiser takes responsibility for delivery of copy, inserts, cover mounts and tip-ons etc by the copy date as shall be notified by the publisher to the Advertiser in writing and may be liable for loss, claims or expenses due to late delivery. 11.2 All inserts, cover-mounts and tip-ons etc must be delivered in a way that does not incur unnecessary costs for the publisher in performing their role. Any costs incurred will be charged at cost to the Advertiser.
12.1 Non-execution or delay in the performance of any obligation here under by either party due to war, strike, lockout, industrial accident, tempest, accident or any other cause whatsoever beyond the control of the parties, shall not give rise to any claim whatsoever between the parties to the contract.
12.2 No waiver by the Company or any breach of the contract by the Advertiser shall be considered as a waiver of any subsequent breach of the same or any other provision.
I2.43These conditions shall apply to all Advertisements accepted for publication by the Company. Any other proposed conditions will be void unless incorporated clearly in written instructions and specifically accepted in writing by the Company.
13.1 Entry into all competitions is at the discretion of Dígame, as is the definition of spam and qualifying entries.