Ink Advertising Terms & Conditions
Ink Advertising Terms & Conditions
1. Acceptance and Definitions The Terms apply to advertisements in/on:
1.1. any print or digital magazine published by Ink; and/or
1.2. a website or application associated with any magazine published by the Publisher; and/or
1.3. any other media in respect of which Publisher has the rights to publish advertising (including but not limited to any of the following: booking confirmation page; booking confirmation email; pre travel reminder email; check in email; print at home boarding pass; post travel email; mobile advertising; seat- back; headrest cover) (collectively “Relevant Media”). (each an “Advertisement”, together the “Advertisements”).
1.4. By signing an order form (the “Confirmation of Order”) , the Advertiser (being the person placing the order for the Advertisement, whether they are the advertiser of the product or service referred to in the Advertisement, or the advertising agency or media buyer for the Advertiser) accepts and agrees to be bound in full by the Terms.
1.5. The Terms are final and binding and no variations will be allowed unless expressly agreed by prior written consent.
2. Charges & Payments
2.1. All Advertisements are accepted on the basis that they will be paid for by no later than close of business on the Copy Deadline date as set out in the Confirmation of Order, unless otherwise agreed in writing.
2.2. If credit terms are granted by the Publisher, it reserves the right to withdraw this facility at any time.
2.3. Publisher’s standard credit terms require payment to be received as cleared funds within seven (7) days from date of the relevant invoice.
2.4. All orders booked and confirmed after the Copy Deadline date will be on a prepayment basis only unless agreed in writing by the publisher.
2.5. Prices quoted to Advertisers will be subject to sales tax as applicable.
2.6. All prices quoted within the European Union (the “EU”) will not be chargeable to VAT (or other sales tax) once the VAT status of the Advertiser is verified in accordance with the Supply of Services within Article 56 of the Council Directive 2006/112/EC, with the Advertiser being required to account for VAT under the reverse charge as appropriate. If the VAT status is not verified then VAT will be charged at the current UK rate in line with Council Directive 2006/112/EC.
2.7. Invoices shall be paid in full. Any taxes, bank charges or other deductions shall be strictly for the account of the Advertiser.
2.8. Invoices shall be paid by Advertisers in the same currency as the relevant invoice. Any foreign exchange losses or charges shall be strictly for the account of the Advertiser.
2.9. If the Advertiser fails to pay any amounts due, the Publisher reserves the right to charge interest calculated at the rate of 8% per annum.
2.10. The Publisher may, in its absolute discretion, revise the prices charged for the Advertising at any time. These revised prices will not apply to any Confirmation of Orders signed prior to the date of such change.
3. Cancellations by Advertisement Type
3.1. Advertising in any print or digital magazine, as per clause 1.1, published by the Publisher:
3.1.1. An order for the above media type may be cancelled by notification in writing without liability up to 30 days prior to the relevant Copy Deadline date (as set out in the Confirmation of Order).
3.1.2. Orders that are cancelled less than 30 days prior to the relevant Copy Deadline date, for any reason including a failure to provide or approve artwork or to make payment in accordance with the agreed terms, will be subject to cancellation charges as follows:
3.1.3. 20 – 30 days before the Copy Deadline date: 25% of the total amount contracted to be paid by the Advertiser to the Publisher for the relevant Advertisement.
3.1.4. 10 – 19 days before the Copy Deadline date: 50% of the total amount contracted to be paid by the Advertiser to the Publisher for the relevant Advertisement.
3.1.5. 0 – 9 days before the Copy Deadline date: 100% of the total amount contracted to be paid by the Advertiser to the Publisher for the relevant Advertisement.
3.2. Advertising in any other media type, as per clause 1.2 and 1.3 above, including websites, applications, Targeted Advertising Media (TAD):
3.2.1. An order for the above media type that is cancelled for any reason at any time, after submission of the signed Confirmation of Order, will be subject to the cancellation charges as follows: 100% of the total amount contracted to be paid by the Advertiser to the Publisher for the relevant Advertisement.
3.3. If the Advertiser cancels part or all of the Order for an Advertisement Series, any series discount applicable to the Order shall cease to apply to the Order and the applicable Cancellation Charges shall apply to any cancelled Advertisement. The price of any Advertisement already published within the relevant Advertisement Series shall be recalculated and payable at the rate set out in the Publisher's media pack located at www.ink-live.com. Any outstanding amounts shall be due immediately on demand.
4. Publisher & Advertiser Obligations, Limits of Liability and Indemnities
4.1. All bookings are subject to space being available and requisite approval of copy by the Publisher and where applicable the entity on behalf of whom the Publisher publishes the relevant media.
4.2. The Publisher reserves the right not to publish the Advertisement at any time for any reason.
4.3. If a booked Advertisement is not published at all solely due to a mistake on Publisher's part, Publisher will try to offer an alternative publication date. If the alternative date is not accepted by the Advertiser, the original booking will be cancelled and the Advertiser shall be entitled to a full refund if the Advertiser has paid in advance for the Advertisement. This shall be the Advertiser's sole remedy for failure to publish the Advertisement.
4.4. If the Advertisement as reproduced by Publisher contains a substantial error solely due to a mistake on Publisher's part, Publisher shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. Publisher shall not be responsible for repetition of errors and it is the Advertiser's responsibility to inform Publisher of any errors and provide any necessary assistance to Publisher to prevent a repeat of the error.
4.5. Should the Advertisement not be published due to the act or default of the Advertiser (or its suppliers or agents), then the Advertisement shall be paid for in full not withstanding that the Advertisement has not been published by the Publisher.
4.6. Under no circumstances shall the Publisher be liable for economic, consequential or special damages (including for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving and/or loss of revenue). The maximum liability of the Publisher arising under or in connection with these Terms (whether for damages or breach of contract or otherwise) shall be limited to the actual price paid by the Advertiser for the relevant Advertising.
4.7. The Publisher reserves the right to destroy any advertising material that has been in its custody for six months.
4.8. The Publisher will endeavour to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be identical.
4.9. The Publisher will not be responsible for any additions to, changes in, deletions from, delays in publication or withdrawal of any Advertisements that are required by any person or body that has the authority to regulate or control the Advertising.
4.10. Unless expressly stated in the Confirmation of Order, the Publisher cannot guarantee the position of Advertisements and all such decisions will be at the sole discretion of the Publisher. The Publisher will, however, endeavour to comply with the wishes of the Advertiser.
4.11. No alteration to, or modification of, approved artwork will be made by the Publisher once final approval by the Advertiser, in writing, has been supplied.
4.12. The Publisher does not accept liability for any errors in any Advertisement which has been approved for publication by or on behalf of the Advertiser.
4.13. Where approval cannot be obtained from the Advertiser despite the Publisher using all reasonable efforts, the Advertiser shall forfeit its right of approval and the Publisher reserves the right to publish the Advertisement and charge the Advertiser in full for the cost of the Advertisement.
4.14. The Publisher will deliver a copy of the publication electronically (an ‘emag’), with the relevant invoice, to every Advertiser.
4.15. The Publisher will supply a single voucher copy of the publication upon request. This and any request for multiple copies may incur a postal/courier charge for the account of the Advertiser.
4.16. The obligation of the Advertiser to pay for its advertising in accordance with the agreed terms shall not be conditional on the receipt of voucher copies.
4.17. In respect of Advertisements published on a website, the Publisher does not guarantee continuous, uninterrupted access by users of the website on which the Advertisement is published, but will use its best endeavours to provide this.
4.18. The Publisher expressly does not guarantee the level of response in any form of advertising, nor the number of “click-throughs” or “impressions” from Advertising published in Relevant Media and on Publisher websites and applications.
4.19. For the avoidance of doubt, nothing in these Terms will limit or exclude Publisher's responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
4.20. The Advertiser agrees to indemnify the Publisher, its parent, subsidiaries, affiliates, officers and employees fully in respect of any claim made against them arising from, or in connection with, the Advertiser’s breach of failure to perform any of these Terms and/or the publication of the Advertisement by the Publisher, such indemnity to include all legal costs in defending any such claim.
4.21. Advertiser grants the Publisher the right to (i) use the Advertiser’s name, trademarks and/or logos as the Publisher may consider necessary for the purposes of publishing the Advertisement and (ii) to reproduce the Advertisement in any media for promotional purposes.
4.22. The Advertiser confirms that it has contracted to buy the Advertising exclusively on the basis of the Media Pack provided by the Publisher and that it is not relying upon any other representation or warranty.
4.23. The signatory of the Confirmation of Order confirms that he/she is acting with the full authority of the Advertiser and is not acting ultra vires.
4.24. The Advertiser guarantees to the Publisher that (i) any information provided in connection with the Advertising is accurate complete, true and not misleading; (ii) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement; (iii) the Advertisements are legal, decent, honest and truthful and are not contrary to the provisions of any relevant law, regulation or code of practice, and are not libellous or obscene and do not infringe the rights of any person (including any person's intellectual property rights); (iv) the Advertising is not prejudicial to the image or reputation of the Publisher or any of its affiliates; and (v) all Advertisements submitted digitally for publication will be free of any viruses and no Advertisement will cause an adverse effect on the operation of any website.
4.25. The Advertiser is responsible for the delivery of the copy by the Copy Deadline specified in the Confirmation of Order to the Publisher.
4.26. If no date is specified in the Confirmation of Order, copy must be submitted in appropriate format, not later than 30 days prior to the publication date.
4.27. Any costs incurred by the Publisher at the request of the Advertiser for the design of the Advertisements will be charged to the Advertiser regardless of whether the advertisement runs or not.
4.28. All artwork and transparencies are held at the Advertiser’s risk and should be insured by the Advertiser against loss and damage from whatever cause.
5. Force Majeure
5.1. The Publisher will not be liable for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency or circumstances beyond the reasonable control of the Publisher, including without limitation internet outages, communication outages, fire, flood, war, Act of God or any other Force Majeure event.
6.1. The Terms of this agreement will survive any termination of the agreement.
6.2. Publication of an Advertisement by the Publisher does not mean that the Publisher accepts that the Advertisement has been provided in accordance with the Terms or that the Publisher has waived its rights under the Terms.
6.3. Telephone calls to and from the Publisher may be recorded for training purposes and dispute resolution.
6.4. These terms and conditions shall be governed by and construed in accordance with English Law.