In these terms and conditions, “Publisher” means Luna Global Media Label Pty Ltd and “Advertiser” means the party, or any agent acting on their behalf, who makes an order to place advertising with the Publisher.
1. These terms and conditions shall apply to all advertisements which the Advertiser has asked the Publisher to publish in any of their publications (“an Order”) and by making such an Order, the Advertiser agrees to be bound by these terms.
2. All Orders must be made in writing and submitted to the Publisher in the form stipulated by the Publisher and otherwise in accordance with the Publisher’s instructions. The Publisher is not obliged to accept any Order and is entitled to reject any Order or advertisement at its sole discretion, in which case the Publisher will notify the Advertiser as soon as possible after receipt of the Order.
3. If the advertisement supplied by the Advertiser is not in the requisite form and does not comply with the Publisher’s instructions, the Publisher reserves the right to charge the Advertiser for any additional costs incurred for any production work and/or to publish any previous relevant advertisement received from the Advertiser instead and/or to treat the Order as cancelled.
4. All advertisements for publication must be supplied to the Publisher by the relevant copy date which will be notified to the Advertiser at the time the Order is made. If the advertisement is not received by the stipulated date, the Publisher is entitled to treat the Order as cancelled. In the event that an advertisement is supplied after the copy date and the Publisher decides to publish the advertisement, the Publisher gives no warranty as to the accuracy of the published advertisement.
5. Any notice from the Advertiser to cancel or suspend an Order must be made in writing and received by the Publisher one week before the published deadline. Any cancellation or suspension notice received after this time will be charged in full.
Copy and Publication
6. All advertisements are subject to the Publisher’s approval. The Publisher will endeavour to place an advertisement in the section of the publication requested by the Advertiser and/or on the date requested, but the Publisher gives no guarantee about the insertion, position, date or classification of the advertisement. The final decision for publication remains at all times with the Publisher. The Publisher also reserves the right to place the word “advertisement” or “advertisement feature” with any advertisement received if it deems it necessary to distinguish it from editorial copy.
7. The Advertiser warrants and represents that the advertisement:
a) Is legal, decent, honest and truthful, and complies with the provisions of the British Code of Advertising, Sales Promotion and Direct Marketing (the CAP Code) and any other relevant advertising standards or applicable codes; b) Is not defamatory, obscene, offensive or illegal, and does not infringe the intellectual property rights, or any other legal rights, of any third party; c) complies with all relevant laws, statutes or regulations in the United Kingdom.
8. The Publisher shall retain all copies of the advertisement in whatever format it is received from the Advertiser unless it is agreed at the time the Order is made that the copy shall be returned. Any property, artwork or other items received from the Advertiser are held by the Publisher at the Advertiser’s risk and should be insured by the Advertiser against loss or damage from whatever cause. The Publisher shall not be held liable for any loss or damage to any such property or materials, including artwork or photographs, and shall be entitled to destroy, without notification to the Advertiser, any such property or materials which have been in its custody for more than six months.
9. The Advertiser retains all copyright and other intellectual property rights in any artwork provided by the Advertiser to the Publisher for inclusion in the publication, and hereby grants to the Publisher a perpetual, worldwide, non-exclusive licence to publish the artwork in all and any media. The Publisher retains the copyright and all other intellectual property rights in the typographical arrangements of any advertisement which it creates on behalf of the Advertiser.
10. Any copy submitted by the Advertiser to the Publisher for setting must be supplied by the date agreed in the Order. Providing such deadlines are met, the Publisher will supply the Advertiser with proofs which must be returned in adequate time for amendments to be made. The Publisher will not provide proofs of any complete advertisements which are provided for publication.
11. The Publisher publishes a rate card which sets out the cost of advertising in the relevant publications. The Publisher reserves the right to review its rates at any time. Unless otherwise agreed in writing between the parties, all orders are accepted on the basis that the price binds the Publisher only in respect of the next publication. Notwithstanding the provisions of clause 5, if the Publisher increases its rate after an Order has been received, the Advertiser shall be entitled either to accept the revised rates for the remainder of the Order or to cancel the remainder of the Order without any further cost.
12. The Advertiser must pay the Publisher on placing an Order, unless the Publisher agrees to credit payment terms, which it shall do so at its sole discretion. The Publisher’s credit payment terms are strictly 30 days from the date of the invoice. Without prejudice to any other rights or remedies, the Publisher reserves the right to charge interest on any overdue amounts at the rate of 5% above the base lending rate from time to time of NatWest Bank, which interest shall accrue daily from the due date to the date of actual payment. In the event that the Advertiser fails to pay any sums due on time, the Publisher reserves the right to suspend its performance of its obligations under these terms and/or to terminate the contract with immediate effect.
13. If the Advertiser cancels the balance of an Order for a series of advertisements (except where this has resulted from an increase in the rates), the Publisher shall be entitled to surcharge for any discount that had been agreed in respect of the advertisements that have already been published.
Indemnities and Liability
14. The Advertiser hereby indemnifies the Publisher, and keeps the Publisher fully indemnified, from and against all and any damages, losses, costs and expenses (including the Publisher’s reasonable legal expenses) incurred by the Publisher arising out of or in connection with the advertisement and/or any breach by the Advertiser of any of the warranties provided under these terms and conditions.
15. The Publisher shall not be held liable for any costs, claims, liabilities or damages of any kind resulting from any decision by the Publisher to reject any advertisement pursuant to clause 2 of these terms.
16. The Publisher shall use all reasonable endeavours to avoid mistakes but does not accept liability for any errors or omissions in the published advertisement caused by the acts or omissions of any third party or arising as a result of inaccurate or ambiguous instructions by the Advertiser or due to any other occurrences beyond its reasonable control. The Advertiser hereby acknowledges that a failure by the Advertiser to provide an advertisement before the copy deadline, or in time for any corrections to be made before the publication goes to press, shall not give rise to any liability on the part of the Publisher.
17. The Publisher shall have no liability to the Advertiser if the advertisement is not published on any agreed date because of a strike, lock-out, fire, storm, flood, riot, explosion, power failure, break-down or failure of systems or machinery or any other event beyond the Publisher’s reasonable control.
18. Notwithstanding any of the other provisions in these terms and conditions, the Publisher’s liability in contract, tort or otherwise, shall not exceed the price of the Order, and the Publisher shall not be liable for any consequential or indirect loss or damage suffered by the Advertiser, including any loss of income or profit, loss of contracts or damage to goodwill. Such exclusion and limitation shall not apply in respect of fraud, death or personal injury or any other liability which may not be excluded or limited by law.
19. These terms and conditions constitute the entire Agreement between the parties and supersede any previous agreement between the parties. The Advertiser shall not be entitled to rely on any representation or warranty, express or implied, which is not contained in these terms or the Order form.
20. A person who is not a party to the terms and conditions has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.
21. In the event that any term is held to be invalid or unenforceable, the remainder of these terms shall continue in full force and effect and the parties shall use their best endeavours to substitute the invalid or unenforceable term with an appropriate provision which is valid or enforceable to give effect to the intention of the parties.
22. If the Publisher fails to enforce any right or term at any time and for any period, such action will not be construed as a waiver of the right or term in question, and shall not affect the Publisher’s right to enforce or exercise the right or term at a later date.
23. These terms and conditions and any terms in the Order form shall be governed and construed in accordance with English law and the Advertiser submits to the exclusive jurisdiction of the English courts in connection with all disputes, claims or actions arising out of or in connection with all disputes, claims or actions arising out of or in connection with these terms.