Terms & Conditions
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The following terms and conditions are provided to give all customers full clarity to manage expectations and confirm the agreed levels of service and commitment. Please read them carefully and let us know if you have any questions.
1. DEFINITIONS
In these terms and conditions, the “Advertiser” means the party booking advertising space together with any agent acting on their behalf and the “Publisher” means 4MG Solutions Limited, which publishes Advertisements under various titles including SwadStyle.
The “Advertisement” includes any form of promotion either printed in one of the publisher’s titles, or inserted thereto, any sponsorship of any event, any service including leaflet distribution, online directory listing, printing or design services, or any other function or provided by the Publisher to the Advertiser for which the Publisher customarily receives payment.
The “Copy” is the artwork for the Advertisement and the “Copy Date” is the date for which all artwork is due.
2. OBLIGATIONS
2.1 These terms and conditions shall apply to all Advertisements accepted for publication by the Publisher.
2.2 By accepting a verbal or written quotation from the Publisher for an Advertisement, and as specified on the invoice, otherwise known as the contract for services, the Advertiser agrees to be bound by the following terms and conditions.
2.3 All Advertisements are accepted subject to the Publisher’s approval of the copy and to the availability of advertising space. The Publisher reserves the right to omit an Advertisement at any time before publication or reject any Advertisement, at its sole discretion, if it does not conform to its standards of decency, taste, self-imposed policies or any other applicable laws or mandatory rules. Such omission will be notified to the Advertiser as soon as possible by email or by post. The Publisher shall repay to the Advertiser any sums paid in advance concerning the omitted Advertisement or set-off the same against sums due to the Publisher and the Advertiser accepts and understands that it will not have any claims of any nature against the Publisher where the Advertisement is omitted.
2.4 The Advertiser warrants that the Advertisement (including the use of any image, logo, photo, trade logo, clip art or any other content that is used in the advert) does not contravene any relevant statute or regulations made thereunder, nor is it in any way defamatory or illegal or an infringement of any other party’s rights, or an infringement of the current edition of the British Code of Advertising Practice. The Advertiser further warrants that the Advertisement complies with the codes, rulings, determinations and requirements of the Advertising Standards Authority and the laws applicable in the UK.
2.5 It is the Advertiser’s responsibility to acquire the necessary permission for the use of any image, logo, photo, trade logo, clip art or any other content that is used in their Advertisement. If requested, the Advertiser must be able to provide proof of the permission granted for the use of such content used in their Advertisement.
2.6 Reasonable efforts will be made to place the Advertisement in the section most relevant to the Advertiser, but the Publisher reserves the right to make the final decision as to the position of the Advertisement without obtaining the Advertiser’s approval thereto. Any free listing is offered ex gratia, and whilst the Publisher will consider the wishes of the Advertiser, the Publisher reserves the final decision whether to include the same, as to its format and wording, and shall not be required to obtain the approval thereto of the Advertiser.
2.7 The publication of the Advertisement will be at the absolute discretion of the Publisher. The date of the publication may be changed by the Publisher without notice being given to the Advertiser and without the Publisher being in breach of contract in any way.
3. THE COPY, PROOFS & PROPERTY
3.1 The Advertiser must supply a copy of the proposed Advertisement (the “Copy”) to the Publisher by the copy date. If the Copy and instructions are not received by this copy date, the Publisher may treat the Advertiser as having cancelled and reserves the right to insert either a previously submitted Advertisement (if held) or to create an Advertisement using such information as is available to the Publisher at the time. If the Publisher does not receive the advertising copy in proper “mechanical form” from the Advertiser and if this requires the Publisher to perform additional production work, the Publisher reserves the right to make reasonable additional charges to the Advertiser for the cost of such work. The Publisher accepts no responsibility whatsoever for any errors in any materials or information supplied by the Advertiser. In all such cases the full cost of the Advertisement will be due for settlement by the Advertiser and the Publisher shall be under no liability whatever to the Advertiser for any direct loss/or expense or indirect loss and/or expense suffered by the Advertiser or liability to third parties incurred by the Advertiser directly or indirectly arising from such an Advertisement. If the Advertisement is received after this copy date and the Publisher elects to place the Advertisement no guarantee can be given that proofs will be supplied or corrections made.
3.2 Advertisements supplied in JPEG, PDF or any other pre-prepared format will be inserted into the agreed title and will be assumed not to require copy approval. These files may be re-sized to fit the appropriate space.
3.3 Where the Advertisers has requested that their advert be designed by the Publisher, it is the responsibility of the Advertiser to ensure that the correct information about their business and the details they want to include in their Advertisement is received by the copy date.
3.4 Advertisements along with any logos/images/photos supplied should be a minimum of 300dpi. No responsibility can be taken for the print quality of any image/logo/photo supplied at a lower resolution. Whilst every care is taken when printing artwork the Publisher cannot guarantee an exact colour match due to variations in print processes. Bookings are accepted only on this basis.
3.5 Reasonable care will be taken to avoid mistakes. The Publisher cannot accept liability for any errors due to the acts, omissions or defaults of third parties or sub-contractors or inaccurate copy instructions or materials or other acts or defaults beyond its control. The Publisher shall not be liable for any errors in the Advertisement unless any proof is returned in sufficient time for corrections to be made before the publication goes to press.
3.6 Proofs of Advertisements will only be sent on written request by the Advertiser personally or if the Advertisement has been designed by the Publisher and if there is sufficient time available to complete such actions so as not to delay publication. Any amendments to the proof provided must be advised to the Publisher within 24 hours or the Publisher shall be entitled to assume the proof has been approved.
3.7 Advertiser’s property, artwork etc, are held at the Advertiser’s risk and should be insured by them against loss or damage from whatever cause. The Publisher reserves the right to dispose of all artwork 14 days after publication.
3.8 The Publisher retains the copyright of all artwork designed for the Advertiser for their Advertisement until all invoices have been settled in full. The Publisher will submit final copy of any artwork created by them for proof reading and approval. Thereafter, the Advertiser accepts full responsibility for the content of the Advertisement.
4. DELIVERY AND DISTRIBUTION
4.1 Deliveries of the Publisher’s titles and the distribution of leaflets on behalf of the Advertiser are carried out by the Publisher’s own fully managed team. The number of letterboxes the Publisher delivers to is a guide. The Publisher shall endeavour to over deliver from the numbers stated in its digital and printed literature. The Publisher cannot guarantee delivery to every single letterbox in every single street in any given area due to access, no footpaths, known dangers or simply where some areas/roads are less responsive to the adverts in its publications. Maps of the distribution areas are available upon request.
4.2 The Publisher shall also place its titles in publicly accessible pick up points such as the Tourist Information Centres, libraries, health surgeries, cafes, pubs, shops and visitor attractions. The Publisher cannot guarantee such placement. This is a complimentary service and such locations are agreed at the sole discretion of the pick up point’s management team.
5. PAYMENT AND CANCELLATION
5.1 Full payment for the contract of services, shall be provided in the form of the invoice, and shall be due on the date of the invoice and prior to the date of publication, which shall be notified in writing. Full payment is defined as “cleared funds”.
5.2 Unless otherwise stated all such charges and prices quoted are exclusive of VAT.
5.3 An “advertising campaign” is the booking for more than one insertion, for an agreed duration and at an agreed recurring rate, and is confirmed as such in one confirmation by email or other written document, where the Advertisement is placed for the same principal or members of the same group of companies and the Advertiser receives the benefit of improved terms whether by price or other advantage.
Where an advertising campaign is agreed on a recurring rate for an agreed duration, the Advertiser will be invoiced separately for each insertion for the duration of the contract and shall be bound by the same terms and conditions for payment.
5.4 The Publisher reserves the right to refuse publication if payment for the Advertisement or for the supply of any other service by the Publisher is not received from the Advertiser according to the terms and conditions of the agreed contract for services.
5.5 The contract for services may be terminated by either party upon giving one month’s notice in writing or by electronic means by either side.
5.6 If the contract for services is cancelled, suspended, and then restarted later, or changed in any way, the Publisher reserves the right to charge the rate based on the current published prices/card discount structure at the time.
5.7 If the contract for services is made on the agreed recurring rate for an agreed duration but the Advertiser cancels before completing the agreed duration, the Publisher reserves the right to invoice the difference between any discounted rate charged and the full published prices retrospectively for all insertions.
5.8 The Advertiser shall pay interest on any overdue amount that is more than 30 days from the date when payment was due to the date of actual payment. The Publisher reserves the right to claim statutory interest (8%) plus the current Bank of England base rate (5.25%). Such interest shall be paid on demand. Any additional costs, charges and expenses to recover to overdue amount may also be charged.
5.9 In the event the Advertiser fails to pay any sums that are overdue by 60 days or more the Publisher reserves the right to pass outstanding invoices to an appointed debt recovery service provider and, in consequence thereof, the Advertiser agrees to pay all fees incurred thereby, in addition to the interest and costs applicable.
5.10 In no event shall the liability of the Publisher for any breach of contract or in tort exceed the price paid by the Advertiser for the Advertisement.
5.11 In no event shall the Publisher have any liability, either in contract or in tort, for any consequential loss or damage including loss of profit.
This agreement shall be deemed to have been entered into England at the Publisher’s place of business and is subject to the application of English Law under the jurisdiction of the English Courts.
4 January 2024
