Conditions of acceptance of advertisements and paid-for content within Business Connect Magazine owned and operated by Business Connect Publishing Ltd.
1.0 Definitions and interpretation
1.1 In these terms and conditions
‘Advertisement’ means any kind of promotional or advertising material, also any editorial content consisting of (but not limited to) text and images supplied, that is, as the case may be: (i) to be printed in a Print Publication and/or (ii) to be published or otherwise displayed by electronic means (including, but not limited to hosted pdf page-curl editions hosted on third party platforms, belly bands, cover wraps, tip ons, inserts, banners, skyscrapers, buttons or other forms of online or electronic display advertising) via or as part of or in connection with any Online Publication;
‘Online Publication’ means any website operated or controlled by Business Connect Publishing Ltd or other electronic medium (including, but not limited to, e-mail communications and alerts), whether connected with or related to the title of a Print Publication or otherwise. Also included in this definition are pdf editions of any magazines hosted by (but not limited to) third party platforms, also included are video, blogs, social media posts and any other promotion of supplied editorial or advertising content through electronic means;
‘Print Publication’ means any magazine, guide, directory, insert or (and including any supplement for which no charge is made to its recipient and which is published whether regularly or occasionally as part of or in association with such magazine) published by Business Connect Publishing Ltd;
2.0 Application of the terms and conditions
2.1 All advertisements published by Business Connect Publishing Ltd at the direction of an advertising agency or any other person, partnership or company (‘the Advertiser’ which expression shall include its successors, assignees, executors and personal representatives as the case may be) are published and accepted by Business Connect Publishing Ltd (‘the Proprietors’ which expression shall include its successors, assignees, sub-contractors or agents) subject to these conditions.
3.0 The Advertiser’s obligations
3.1 The Advertiser is responsible for checking that the first insertion in a series of advertisements is published in accordance with the Advertiser’s wishes.
3.2 In the case of advertisements to be published at the direction of an advertising agency, the terms of the standard Agreements of Recognition between an advertising agency, which instructs an advertisement, and the Periodical Publishers Association Ltd are deemed to be incorporated herein.
3.3 The Advertiser undertakes to the Proprietor that, unless otherwise agreed in writing by the Proprietor, all copy for any Advertisements will be delivered to the Proprietor in an approved digital format and/or file configuration and, in the case of an Advertisement to be published in a Print Publication, delivered in accordance with the print publication date as confirmed by the publisher.
3.4 All advertisements must not contravene the provisions of any applicable law including without limitation the Trades Description Act 1968, the Consumer Credit Act 1974, the Sex Discrimination Act 1975 or the Business Advertisements (Disclosure) Order 1977 and must comply with the British Code(s) of Advertising Practice as any of the same may be amended or re-enacted from time to time.
4.0 Advertisements: Copy, Alterations, Accuracy, Publication, etc
4.1 The Proprietors have no responsibility whatsoever for any loss or expense or claim occasioned to the Advertiser or any third party by the non-insertion of any advertisement or by any errors or omission in any advertisement.
4.2 Whilst every effort will be made to meet the Advertiser’s requirements, the Proprietors reserve the right to hold over the publication of any advertisement without notice and to publish any advertisement so held over in a subsequent issue of the publication in which such advertisement was instructed.
4.3 The Proprietors also reserve the right to alter any advertisement if necessary without consulting the Advertiser in order that such advertisement might conform to the Proprietors’ standards of decency, taste and other relevant matters laid down in any relevant code of practice, the Proprietors’ current self-imposed standards or any other mandatory rules applicable.
4.4 The Proprietors reserve the right to alter and/or edit any supplied images and/or text if necessary without consulting the Advertiser in order that such advertisement might conform to the Proprietors’ design guidelines either on an electronic or printed platform.
4.5 The Proprietors reserve the right to omit or suspend where reasonably necessary publication of any advertisement, notice, order or any part thereof without giving notice of their intention to do so, but the Proprietors shall endeavour to give such notice where reasonably possible.
5.0 Advertisements: Online publications
5.1 The Advertiser shall submit copy for the Advertisement in accordance to any advised deadlines communicated by the Proprietor. If the Advertiser submits its copy late then the Proprietor reserves the right to publish the Advertisement at a time of its choosing.
5.1.1 If the Advertiser wishes to move or postpone an Advertisement they must do so in writing at least 14 days prior to the intended go live date of the Advertisement to give time for the Proprietor to resell the Advertisement space. If the Advertiser does not provide the requisite notice in writing then the Proprietors are not obliged to move or postpone the Advertisement and the Advertisement is deemed to be cancelled – see section 9.0 Cancellation and termination.
5.1.2 The Advertiser may only request the movement or postponement of an Advertisement once. If the Advertiser subsequently does not submit copy for the Advertisement at least 5 working days prior to the new intended go-live date then the Advertisement is deemed to be cancelled – see section 9.0 Cancellation and termination.
5.2 If the Advertiser is supplying creative content in the form of an Advertisement that links to another website the Advertiser must inform the Proprietor in writing at least 5 working days prior to the intended go-live date.
5.3 If an Advertisement links to another website the Advertiser is responsible for maintaining the link and for the content of the linked-to website. The Proprietor may remove any Advertisement which contains content or links to a website which, in the Proprietor’s discretion, is (or is likely to be) defamatory or objectionable or otherwise likely to bring the Proprietor into disrepute. The Advertiser will indemnify the Proprietor from and against any claims or liability suffered or incurred by the Proprietor arising in any connection from links contained in any Advertisement.
5.4 If the Proprietor receives complaints about the content of an Advertisement it may, at its discretion, remove the Advertisement from display without reference or liability to the Advertiser.
5.5 The provisions set out in this condition 5.4 apply in addition (save where the context expressly permits) and without prejudice to all other provisions set out in these terms and conditions.
6.0 Advertisement: Responsibility and liability
6.1 The Advertiser will free and relieve and indemnify the Proprietor of and against any claim or awards whatsoever made against the Proprietors in connection with the publication of any advertisement placed by the Advertiser including any costs or expenses (including legal and judicial expenses) incurred by or on behalf of the Proprietors in connection with such claim or awards.
6.2 The Proprietors cannot and do not accept any liability (beyond the price for any advertising) for any economic or consequential loss including loss of profit arising from any breach of these Conditions or from any negligence on the part of the Proprietors.
7.0 Payment terms
7.1 Payment of advertising agency invoices to be made as per the Periodical Publishers Association Ltd terms for recognised agencies. All other advertisers must pre-pay unless credit has been approved. Standard credit terms are 7 days from the date of invoice unless amended by prior agreement. The maximum credit term will be 30 days from the date of invoice.
7.2 Payments received beyond our agreed credit terms will be subject to an interest charge of 8% above the bank base rate on the entire amount including any VAT, as permitted under the Late Payment of Commercial Debts (Interest) Act 1998. We also reserve the right to charge an additional fixed late payment fee of £50+VAT to cover our administrative costs.
8.0 Payment schedules
Print publications
8.1 Payment of 100% of the value of the Advertisement is due on publication of the print publication.
Online publications
8.2 Payment of 100% of the total value of the series of Advertisements is due on the go live date of the first insertion of the Advertisement.
9.0 Cancellation and termination
9.1 The Proprietors are not obliged to stop or cancel any advertisement unless they receive the requisite notice to do so which notice is to be followed by notice in writing, the said verbal and written notice to be received by them not less than 28 days prior to the proposed publication of the advertisement which the Advertisers or Advertiser wishes to stop or cancel.
9.2 Without prejudice to Condition 7.1, the following costs remain due on cancellation, and the Advertiser acknowledges that these charges represent a genuine pre-estimate of the Proprietor’s losses.
9.2.1 notice of cancellation received 22-27 days before first publication, 50% of total booking fee due.
9.2.2 notice of cancellation received 0-21 days before first publication, 100% of total booking fee due.
9.3 If the Advertiser has paid sums for Advertisements in advance and is entitled to a refund, the Proprietor shall use its reasonable endeavours to pay such refund to the Advertiser within 45 days of receipt of the written notice of cancellation.
9.4 Should the Advertiser, part way through a campaign running over a number of issues, wish to stop or cancel an Advertisement that is being displayed for an agreed period of time in excess of 14 days then the Advertiser must give written notice to the Proprietor of its request to stop or cancel the Advertisement and, all charges connected with the display of the Advertisement shall, unless otherwise expressly agreed by the Proprietor in writing, be non-refundable.
9.5 The Proprietor shall be entitled (without prejudice to any other remedy available to it) to treat this contract as repudiated if the Advertiser;
9.5.1 being an individual dies or makes voluntary arrangement with his creditors or his estate becomes subject to an administration order or he becomes bankrupt;
9.5.2 being a company becomes insolvent, has a receiver appointed to manage its assets or it enters into liquidation or commences to be wound up (other than for the purpose of amalgamation or reconstruction);
9.5.3 allows an encumbrancer to take possession of any of its property or assets; or
9.5.4 is unable to pay its debts as they fall due or ceases or threatens to cease to carry on business.
10.0 General
10.1 The Proprietors reserve the right from time to time to alter these Conditions. The Proprietors shall endeavour to give notice to any Advertisers likely to be affected thereby.
10.2 Should any Court, competent Tribunal or authority find any of these conditions unenforceable for any reason, the remaining provisions shall be enforceable. Should any other exclusion or limitation of the liability of the Proprietors contained herein be found by any such Court to be unenforceable, the Proprietors’ liability in the respect of any breach hereof giving rise to damage (other than personal injury or death) shall be limited to the charges to be levied for the placing of the advertisement in question.
10.3 Each of the foregoing conditions shall be separate and severable.
10.4 These Conditions and any agreement to which they apply shall be subject to the Law of England & Wales and the exclusive jurisdiction of the English Courts, but the Proprietors are entitled, at their sole discretion, to take action in any other competent jurisdiction.
10.5 Any variation to these terms and conditions and any representations about the Advertisement shall have no effect unless expressly agreed in writing and signed by an authorised representative of the Proprietor.
© 2021 Business Connect Publishing Ltd trading as Business Connect Magazine.
Registered in England and Wales. Company Number 08691083.
Registered Office: 8 Eastway, Sale, Cheshire M33 4DX