An advertisement is accepted on the understanding that the relationship between the Advertiser and the Publisher is governed by the conditions set out below. Unless specifically approved in writing by the Publisher, the conditions stipulated on an Advertiser’s order form or anywhere else shall be void.
For the purpose of these conditions, “Advertiser” shall refer to the contractual Principal, that is the party responsible for payment of charges arising from the publication of an advertisement. Where appropriate, “advertisement” includes a loose or bound-in insert.
1. The Publisher reserves the right to refuse any advertisement submitted for publication. The Publisher reserves the right to amend advertisement copy where absolutely necessary.
2. If the Publisher considers it necessary to modify the space or alter the date or position of insertion, the Advertiser will have the right to cancel if such arrangements are unacceptable, unless such changes are due to an emergency or circumstances beyond the Publisher’s control.
3. In the event of any error, misprint or omission in the printing of an advertisement or part of an advertisement, except where attributable to an act or default by the Advertiser or his agents or where covered above, the Publisher will either re-insert the advertisement or make a refund of or an adjustment to the cost.
4. No re-insertion, refund or adjustment will be made where the error, misprint or omission does not materially detract from the advertisement.
5. 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 the liability arose (however, where inserts are lost or damaged, the Publisher may also be liable for a proportion of the production costs) or (b) the cost of a further or corrective advertisement of a similar type to the advertisement in connection with which the liability arose.
6. Any complaint concerning the reproduction of an advertisement must be lodged in writing within four weeks of the publication date.
7. The Publisher cannot accept liability for any errors due to inaccurate copy instructions.
8. Charges will be made to the Advertiser where the printers are involved in extra production work owing to acts or defaults of the Advertiser or his agents. These charges will be in accordance with the published rates current at that date.
9. Advertisement rates are subject to revision at any time and individual orders are accepted on condition that the price binds the Publisher only in respect of the next issue to go to press.
10. Telephone space bookings are subject to the same conditions as written orders. Nevertheless, the Advertiser is required to issue written confirmation of a verbal booking as far in advance of the publication date as possible and certainly within seven days of the booking.
11. The Advertiser, where an agency, may not recharge a client for space at an increased rate, unless with the Publisher’s written consent.
12. If written copy instructions are not received by the agreed copy date, no guarantee can be given that proofs will be supplied or corrections made and the Publisher reserves the right to repeat the most appropriate copy.
13. Payment for all advertising is due on receipt of a booking form, unless otherwise agreed in writing.
14. If an Advertiser cancels the balance of a contract he relinquishes any right to the series discount to which he was previously entitled and advertisements will be paid for at the appropriate rate.
15. For fortnightly publications, at least fourteen days’ notice prior to publication date is required to stop or suspend monotone insertion. At least twenty one days’ notice prior to publication date is required to stop or suspend a colour insertion, unless there is prior agreement with the Publisher.
16. The Advertiser warrants that the advertisement does not contravene any Act of Parliament, nor is it in any way illegal or defamatory or an infringement of any other party’s rights or an infringement of the British Codes of Advertising and Sales Promotion. On the contrary, copy must be legal, decent, honest and truthful.
17. Should it become apparent that this is not the case, the Publisher reserves the right to suspend the advertisement, in which case no claim on the part of the Advertiser for damages or breach of contract shall arise.
18. The Advertiser will indemnify the Publisher fully in respect of any costs, damages or losses arising directly or indirectly from the publication of an advertisement, where such an advertisement conformed with the copy instructions supplied by the Advertiser. The Publisher will consult with the Advertiser as to the way in which such claims should be handled.
19. The placing of an order by an Advertiser constitutes an assurance that all necessary authority and permission has been secured for the use in the advertisement of a pictorial representation of or of words attributable to a living person.
20. If so required, the Advertiser must disclose the identity of the client and reveal the nature of the product/service to be advertised. In the event of the Advertiser failing to comply with such a request, the Publisher reserves the right to cancel the advertisement, in which case no claim on the part of the Advertiser for damages or breach of contract shall arise.
21. If it is intended to include a competition or a special offer within an advertisement, full details should be submitted at the time of booking.
22. In accepting financial advertisements, the Publisher does so on the understanding that their copy content, authorisation and placing have been processed in accordance with the requirements of the Financial Services Act 1986.
23. The copyright on artwork/copy contributed to an advertisement by the Publisher shall be vested in the Publisher.
The Advertiser’s property and artwork, etc are held at his risk and should be insured by him against loss or damage from whatever cause. The Publisher reserves the right to destroy all artwork which has been in his custody for twelve months from the date of its last appearance.
24. Notwithstanding anything in the above which may provide to the contrary, neither the Publisher nor the Advertiser shall be liable to one another for any loss or damage, consequential or otherwise, caused by or arising out of any Act of Parliament, Order in Council, Act of State, strike of employees, lock-out, trade dispute, enemy action, rioting, civil commotion, fire, force majeure, Act of God or other similar contingency beyond the control of either party.
25. These conditions and all other express terms of the contract shall be governed and construed in accordance with the Laws of Scotland.
26. All packages bought must be utilised within twelve months of purchase date, unless otherwise agreed at time of booking.
The Publisher and Advertiser understands that the terms of contract require full confidentiality from all third parties and as such is not covered by the Freedom of Information (Scotland) Act 2002. The personal information provided by you will be held on a database by Holyrood magazine and may be shared with companies in the Holyrood Communications Ltd group. Sometimes, your details may be made available to external companies for marketing purposes. If you do not wish your details to be used for this purpose, please write to Holyrood Communications, 14-16 Holyrood Road, Edinburgh, EH8 8AF.