The terms and conditions set forth below shall be applied to all advertisements(‘advertisements) sent by advertisers (‘advertisers’) that have beenagreed to be included within digital and print publications produced by Everest Global Media Ltd (‘the Company’). Any other proposed conditions shall be void unless incorporated clearly in written instructions and specifically accepted by a Director authorised on behalf of Everest Global Media.
Submission and Publication of Advertisements
Inclusion of all advertisements within publications produced by the Company shallbe subject to the approval of the copy by the Company and availability of space within the publication before being accepted. All publications including magazines, features and brochures shall be available to view online for a minimum of 12 months from launch. The Company reserves the right to remove publications once the aforementioned 12 month period has expired at its entire discretion.
The company reserves the right at any time to amend, suspend, omit or refuse an advertisement at its entire discretion, in which case no claim on the part of the advertiser for breach of contract or damage shall arise. If such a suspension or omission be as a result of the act or default of the Advertiser or their agents, then the space allocated for the advertisement will be paid in full notwithstanding that the advertisement has been omitted. The advertiser shall be notified of such a situation as soon as possible.
The company reserves the right to amend or cancel the launch date of any publication produced by the company.
Rates will usually be agreed via email from the Company. Advertisers must confirm all bookings via email using terminology such as “We Agree”, “We Confirm” “Agreed” or “Confirmed”. Once confirmation is received the Company shall provide the Advertiser within 5 business days of acceptance, a confirmation form (‘Confirmation Form’) detailing deadlines for advertising material (meaning advertising copy, including, without limitation, artwork, text and active URLs.) as well as technical specifications (as set out in the media pack for the relevant publication) for the advertisement.
The Advertiser shall submit advertising material in accordance with agreed technical specifications by the date agreed in the Confirmation Form. Should the advertising material not be received within the specified timeframe the advertisers will remain liable for the full cost agreed as per the Confirmation Form.
All losses, claims, actions, demands and expenses incurred directly or indirectly by virtue as a result of a claim made against the Company (or its directors, officers or employees) due to the advertisement contravening any Act of Parliament, being defamatory or representing an infringement of any third party rights shall be indemnified by the Advertiser. The company shall consult the Advertiser as to how such claims are to be dealt with.
Although every care is taken to avoid mistakes it is acknowledged that errors may occasionally occur, however, theCompany cannot accept liability from any loss incurred due to a third parties inaccurate copy or failure of the advertiser to correct errors immediately upon receipt of proof by telephone notification. Nor can the Company accept any liability of any loss arising from such errors that result in the late appearance or non publication of any advertisement.
The Company shall at all times retain all right, title and interest in any intellectual property or software produced on behalf of the Advertiser by the Company. Artwork and property owned by the Advertisers is held by the Company at the Advertisers own risk.
Terms of Payment
All invoices are due for settlement within 14 days of the invoice date. The company reserves the right both to suspend insertions in the event any amount unpaid after this date. Interest is chargeable on overdue accounts at the maximum rate permitted by applicable law.
The company reserves the right to exercise a lien over all artwork, copy and other property of the Advertiser that it holds until payment is made in full. Complaints regarding publication of advertisements must be received by the Company within 14 days of the cover date.
The Company may consider the cancellation of any advertisement provided that written notice is given within 14 days of confirmation to place an advertisement. Failure to provide the Company with written notice of cancellation by the relevant deadline shall result in the Advertiser remaining liable for the full amount agreed in the confirmation form. The Company may cancel or remove from the publication any advertisement at its own discretion should a breach of contract be discovered before or after publication.
The Company may consider the cancellation of any feature article provided that written notice is given at least eight weeks prior to publication. Any written notice of cancellation regarding feature articles not received by the Company by the relevant deadline shall not be accepted. The Company may cancel or remove from the publication any feature article at its own discretion should a breach of contract be discovered before or after publication.
In the event of cancellation (including cancellation within agreed time frames) the Company shall invoice, charges incurred for artwork, scanning and production of the advertisement or feature article which shall be liable to the Advertiser or feature company.
Discounted rates negotiated for advertising on a series basis, or any special terms agreed shall cease to be included in the event the Advertiser breachesany of these terms. In this case where new advertising material is not received by the Companyas per agreed due dates, the previous advertisementshall be used without further authority from the Advertiser unless proper notice of cancellation has been given as set out in these terms.
For the avoidance of doubt, Advertiser shall refer to the Advertiser or its Agent whichever is the principal.
These Conditions shall be governed and construed in accordance with the laws of England and Wales. Any dispute concerning these Conditions (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the English courts.