Advertising Terms & Conditions
1. In These Conditions, the following expressions shall have the following meanings.
“Advertiser” means the Advertiser or his Agent who books the advertisement and is responsible for payment;
“Advertisement” means the article which the Advertiser requires the Publisher to publish;
“Contract” means the advertising contract made between the Publisher and the Advertiser and subject to These Conditions;
“Publisher” means Air Cargo Media Limited (Registration No: 5847513) and “These Conditions” mean the terms and conditions of the Contract stated herein which are the only terms upon which the Publisher is prepared to deal with the Advertiser.
2. The Advertiser shall indemnify the Publisher against all loss and damage which the Publisher may suffer for publishing the Article including, but not limited to, liability for defamation and violation of intellectual property rights.
3. All advertisements are accepted by the Publisher upon the understanding that all representations or descriptions therein are true and accurate. The Advertiser shall indemnify the Publisher against any liability of misrepresentation or false description or any other like liabilities.
4. Subject to These Conditions, the Publisher shall publish the Article in the manner specified in this Contract. For the avoidance of doubt, it is hereby declared that the publication of the Article in the manner herein provided shall not give rise to a continuous contract between the parties unless the parties have signed a special agreement for the latter. New contracts will have to be made for new insertions.
5. While the Publisher shall carry out the terms stated in this Contract diligently, the Publisher reserves the right to adjust its charges or to change the manner in publishing Article with regard to space, position or frequency of insertion, for reasons which are beyond the control of the Publisher. In such event, the Advertiser will be notified and given the opportunity to cancel such part of the Contract that has not yet been performed upon refund of a due portion of the amount paid under this Contract as full compensation.
6. Notwithstanding the execution of this Contract, the Advertiser agrees that the Publisher shall have the absolute right to refuse to accede to the Advertiser’s request for withholding, cancelling or transferring the publication of the Article, unless the Advertiser has informed the Publisher in writing not less than six weeks before the scheduled date of insertion, in the case of advertisements in special positions, the requisite notice period shall be eight weeks before the scheduled date of insertion.
7. If the Advertiser cancels any part of this Contract in the manner permitted in clause 6 above or in respect of insertions not being completed within the contractual period, all unearned discount shall be surcharged and paid by the Advertiser.
8. Frequency discounts are discretionary and only apply to orders placed in advance and to be complete within one year from the date of first insertion.
9. All payments payable by the Advertiser hereunder must be paid promptly within 30 days. If any amount is overdue, the Publisher shall have absolute right to suspend further insertions if it deems fit. Further, the Publisher shall be entitled to charge interest on any amount overdue at the rate of two percent per month from the date on invoice until the date of payment in full.
10. All payments must be made as specified in the Publisher’s invoice, unless otherwise agreed by the parties hereto.
11. Notwithstanding anything in These Conditions, neither the Publisher nor the Advertiser shall be liable to each other for any loss or damage occasioned by any legislation. Orders in Council Act of State, strike of employees, trade dispute, war, riot, fire, force majeure or Act of God which is beyond the control of either party.
12. The Advertiser shall supply the requisite advertising materials publishing the Article to the Publisher as soon as possible after this Contract is made and no later than 10 days before publishing date. In case of such materials not being received by the Publisher by the deadline stipulated, the Publisher shall have the right to use advertising materials which have been used for the same Advertiser on a previous occasion or to cancel this Contract. The Advertiser agrees not to make any claim against the Publisher in such event and undertakes to compensate the Publisher for all loss and damage which the Publisher may suffer if the Publisher has to exercise its right hereunder.
13. Advertising materials provided by the Advertiser must conform to the Publisher’s requirements in all respects as outlined in the Publisher’s schedule of rates published from time to time. Any additional work involved in adjusting any irregularities of the advertising material supplied by the Advertiser may be charged by the Publisher.
14. One voucher copy will be provided by the Publisher for each advertisement published but the Publisher may also supply tear sheets if required by the Advertiser.
15. The Advertiser shall be responsible for issuing all four colour separations, black and white film positives and other advertising materials required for publishing the Article to the Publisher but the Publisher shall not be liable for any loss or damage to the said material while they are in the Publisher’s possession save for gross negligence.
16. The Publisher shall have the right to destroy or otherwise dispose of all colour separations, negatives and other advertising materials left in its or its printer’s custody for over six months after the Article has been published unless the Advertiser, or his authorised agent, has given instructions to the contrary and the Publisher agrees to be bound by the same. The right herein provided can be exercised by the Publisher without giving any notice to the Advertiser.
17. This Contract and These Conditions are governed in all respects by the laws of the United Kingdom and by signing this Contract the parties to the same have thereby submitted themselves to the jurisdiction of the United Kingdom Courts.
18. Save for These Conditions, no other terms and conditions can be incorporated into this Contract unless the same is in writing and has been signed by both parties to this Contract. Likewise, These Conditions can only be varied or supplemented if such variation or supplement is in writing and has been signed by both parties.
19. These Conditions embody the entire agreement of the parties hereto and supersede any prior promises, representations, undertakings or implications. For the avoidance of doubt, the Advertiser declares that it enters into this Contract on the basis of These Conditions but not as a result of any representation of the Publisher prior to the signing in this Contract.
20. While These Conditions are considered by the parties hereto to be reasonable in all the circumstances after consultation, if any provision of These Conditions shall be adjudged to be void or unenforceable as going beyond what is reasonable in whole or in part, such provision shall to that extent be deemed not to form part of These Conditions and the legality or enforceability of the rest of These Conditions shall not be affected or impaired thereby.
21. For the avoidance of doubt the Advertiser hereby declares that it is contracting as principal with the Publisher.