1) Advertisements are accepted upon the representation that the Buyer and their agencies are authorized to publish the contents thereof.
2) All Advertisements accepted for publication by Chatterbox Magazine in any of its publications are accepted subject to these terms and conditions. Any other conditions proposed by the Buyer shall be void unless accepted by Chatterbox Magazine in writing.
3) Conditions, other than rates, are subject to change without notice.
4) All contents of advertisements are subject to Chatterbox Magazine's approval. Chatterbox Magazine reserves the right to cancel advertisements, insertion orders, space reservations or position commitment at any time.
5) The positioning of advertisements is at the discretion of the publisher, except where a specifically requested, preferred position is acknowledged by Chatterbox Magazine in writing on a signed insertion order.
6) Cancellation of advertising space must be made in writing, a minimum of 14 days prior to the advertising space closing date. Cancellations will not be accepted within 14 days of the ad space closing date. All insertion orders are accepted subject to provisions of our current ad-rate card. Rate cards are subject to change upon notice from Chatterbox Magazine and available upon request.
7) The publisher shall not be liable for any cost or damages if for any reason the advertisement is not published.
8) No variation of these terms and conditions shall be binding unless specifically agreed in writing by Chatterbox Magazine. No conditions printed or appearing elsewhere that conflict with its provisions will be binding on Chatterbox Magazine.
9) Chatterbox Magazine is not liable for delay in delivery and/or non-delivery in the event of an act of God, action of government entity, fire, flood, insurrection, riot, explosion, embargo, strikes either legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown or any condition beyond the control of Chatterbox Magazine affecting production or delivery in any manner.
10) The agency and the Buyer will indemnify and save Chatterbox Magazine harmless from and against any loss or expense arising out of publication from such advertisements, including, without limitation, those resulting from claims or suite for libel, violations or rights of privacy, plagiarism and copyright infringement.
11) Any intellectual property rights in designs prepared by Chatterbox Magazine shall remain the property of Chatterbox Magazine and Advertisements including such designs may not be reproduced without the express consent in writing by Chatterbox Magazine.
12) Except to the extent specified in paragraph 13, Chatterbox Magazine shall not be liable for any loss or damage suffered by the Buyer as a result of any total or partial failure (howsoever caused) of publication, distribution or availability of any Medium in which any Advertisement is scheduled to be included or for any error, misprint or omission in the printing of any Advertisement. In the event of a printing error or omission, which detracts materially from the Advertisement, Chatterbox Magazine will either reinsert the Advertisement or relevant part of the Advertisement in a subsequent issue or make a reasonable refund of or adjustment to the price paid by the Buyer. No reinsertion, refund or adjustment will be made for any other error or omission.
13) The total liability of Chatterbox Magazine to the Buyer for any act or omission of Chatterbox Magazine, its servants or agents relating to any Advertisement shall not exceed the amount of a full refund of any price paid to Chatterbox Magazine for the Advertisement or the cost of a reasonably comparable further or corrective Advertisement. Without limiting the foregoing, Chatterbox Magazine shall not be liable for any loss of profits or business or for indirect or consequential loss. Chatterbox Magazine accepts no liability for the repetition of an error in an Advertisement ordered for more than one insertion unless notified immediately the error occurs. Complaints regarding reproduction of printed Advertisements must be received in writing within one calendar month of the cover date.
14) Chatterbox Magazine accepts no responsibility for the quality of reproduction of any photograph supplied by the Buyer, its agents or servants.
15) Discounts are subject to the payment of invoices in accordance with the terms shown thereon. If discount is taken after any due date then the amount taken will be invoiced separately to the Buyer and will be subject to all the same terms and conditions.
16) Chatterbox Magazine shall have the right to hold any Buyer and/or its advertising agency jointly and severally liable for money due and payable to Chatterbox Magazine for advertising that the Buyer or its agency ordered and that was published.
17) All accounts must be settled in accordance with the terms shown on the invoice, which are strictly net. In default, all outstanding transactions will become liable for immediate settlement. Interest will be charged monthly on overdue accounts at the rate of 5% per month on any sum not paid in full by the due date. Chatterbox Magazine reserves the right to pass lengthy overdue accounts to a third party for collection and to recover the collection costs from the Buyer.
18) The Buyer warrants that the Advertisement does not contravene the British Code of Advertising Practice and is not in breach of any relevant legislation, including the Race Relations Act 1976, the Sex Discrimination Act 1976 (both as amended), the Disability Discrimination Act 1995, the Employment Equality (Age) Regulations 2006 and the Obscene Publications Act and also including any legislation or regulation, such as those relating to the provision of Financial Services, which apply to specific Buyers, products or services.
19) If any Advertisement submitted for publication contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or copy by which any living person is or can be readily identified, the Buyer warrants that the Buyer has obtained the authority of such living person to make use of such name, representation and/or copy.
20) The Buyer will indemnify and hold harmless Chatterbox Magazine from and against any claim that the Advertisement infringes the copyright, trademark or other intellectual property rights of any person or that it is defamatory or infringes any other right of any person. Chatterbox Magazine reserves the right to withdraw and/or refuse to publish an Advertisement without liability to the Buyer if it reasonably believes that the Advertisement may make Chatterbox Magazine or the Buyer liable to any complaint, claim or proceedings.
21) The Buyer is solely responsible for fulfilling and dealing with any orders or enquiries relating to the goods, services or promotion to which the Advertisement relates and will indemnify and hold Chatterbox Magazine harmless accordingly.
22) These terms and conditions and all other express terms and conditions and contracts shall be governed and construed in accordance with the Laws of England, Ireland, Scotland and Wales.