Terms and Conditions

Definitions

The Heart of Magazines, “The Publisher”, produces a range of local community magazines, “Titles”.

The Heart of Magazines is a trading style of Hooked on a Feeling Ltd, a limited company registered in England and Wales.

The “Advertiser” means the person, business, organisation or entity placing an advertising booking with The Publisher.

A “Confirmation of Your Order” is the document sent to the Advertiser confirming the agreed advertising booking, selected Title, issue, advertising space, agreed rate, payment terms, Copy Deadline and any artwork requirements.

The “Copy Deadline” means the final date by which approved advertising copy, artwork, images, logos, written content and any other required materials must be supplied to The Publisher. The Copy Deadline is shown on the Confirmation of Your Order and/or the relevant media pack.

The “Final Cancellation Date” means 28 calendar days before the Copy Deadline for the relevant Title and issue.

The “Issue Date” means the date or period in which the relevant Title is due to be distributed, published or made available to readers.

The “Invoice Date” means the date shown on the invoice and/or Confirmation of Your Order.

The “Advertising Charge” means the charge payable for the advertising space booked.

The “Artwork Fee” means any additional charge for design, artwork creation, artwork amendment, artwork recreation or external design services.

The “Discount” means any annual booking discount, multi-booking discount, 4-for-3 offer, promotional discount or other reduction from the standard rate card price.

Agreement to Terms

By placing an advertising booking, approving a Confirmation of Your Order, making payment, supplying artwork or copy, or otherwise proceeding with the booking, the Advertiser agrees to be bound by these Terms and Conditions.

The Confirmation of Your Order, these Terms and Conditions, the relevant invoice and any relevant media pack shall together form the agreement between The Publisher and the Advertiser.

Where there is any conflict between the media pack and the Confirmation of Your Order, the Confirmation of Your Order shall take precedence.

Advertising Rates

Rates applicable to advertising published during the term of this Agreement shall be those in effect at the date of booking, as confirmed on the Confirmation of Your Order.

Advertising will be billed exclusive of VAT unless otherwise stated.

Any Discount offered by The Publisher is conditional upon the Advertiser completing the full booking to which that Discount relates. If the Advertiser cancels, reduces or otherwise does not complete the full booking, the Discount may be withdrawn and the booking will be recalculated using the standard rate card price for the advertising space booked, used, reserved or published.

Copy and Artwork

It is the Advertiser’s responsibility to supply advertisement artwork at a quality and specification suitable for print and/or digital publication by The Publisher.

All copy, artwork, logos, images and other advertising materials must be supplied by the Copy Deadline.

Where the Advertiser chooses to use The Publisher’s design or artwork service, this will be charged in addition to the Advertising Charge. The Advertiser will be allowed one round of reasonable design amendments unless otherwise agreed in writing.

Artwork Fees are non-refundable once design work has been commissioned, briefed, commenced, supplied to an external designer, agency or contractor, or provided to the Advertiser. This applies whether or not the Advertiser subsequently cancels the advertising booking.

Where artwork supplied by the Advertiser is incomplete, unsuitable, incorrectly sized, low resolution, late, or otherwise unsuitable for publication, The Publisher may, at its discretion, reject the artwork, request replacement artwork, or undertake necessary amendments. Any additional design, amendment or production costs may be charged to the Advertiser.

If the Advertiser fails to provide suitable artwork or copy by the Copy Deadline, The Publisher may proceed using any previously supplied artwork, create basic artwork using the information available, omit the advertisement, or treat the booking as cancelled by the Advertiser. In such circumstances, the full Advertising Charge may remain payable.

Late Artwork or Copy

The Publisher shall not be liable for any error, omission, reduced quality, delayed publication, non-publication or layout issue caused by late, incomplete, incorrect or unsuitable artwork or copy supplied by the Advertiser.

If artwork or copy is not supplied by the Copy Deadline, The Publisher may, at its discretion:

1. Use previously supplied artwork;

2. Use draft artwork or copy already provided;

3. Create basic artwork using information available to The Publisher;

4. Publish the advertisement as supplied;

5. Omit the advertisement from the relevant issue.

In all such circumstances, the Advertising Charge and any Artwork Fee shall remain payable.

Proofs

Proofs of advertisements may be submitted to the Advertiser for approval. The Publisher shall incur no liability for any errors not corrected by the Advertiser in proofs submitted.

Where a proof is supplied, approval must be given by the deadline stated by The Publisher. If approval, corrections or replacement artwork are not received by the stated deadline, The Publisher may proceed using the latest available artwork or may omit the advertisement. In such circumstances, the full Advertising Charge shall remain payable.

Alterations requested by the Advertiser after proof approval, or additional proofs required because of Advertiser amendments, may be charged extra.

Where style, type, layout or design is left to The Publisher’s judgement, any subsequent changes requested by the Advertiser may be charged extra.

Advertising Standards and Claims

The Advertiser is responsible for ensuring that all copy, claims, images, offers, prices, comparisons, testimonials, promotions and other content supplied for publication are accurate, lawful, truthful, not misleading, and compliant with all applicable advertising rules, regulations and codes, including the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing.

The Advertiser must hold suitable evidence to support any objective claims made in their advertisement, including but not limited to claims relating to price, performance, awards, qualifications, results, availability, health, beauty, environmental benefits, savings, guarantees, testimonials or comparisons.

The Publisher may request evidence to support any claim and may refuse, amend or remove any advertisement where such evidence is not provided, or where The Publisher considers the advertisement may be unlawful, misleading, inappropriate or non-compliant.

The Publisher shall not be responsible for verifying the accuracy, legality or truthfulness of claims supplied by the Advertiser.

Illegal, Defamatory or Infringing Matter

The Publisher shall not be required to publish any matter which, in its opinion, is or may be illegal, misleading, defamatory, offensive, discriminatory, in breach of advertising standards, or an infringement of the rights of any third party.

The Advertiser warrants that all copy, artwork, images, logos, claims and other materials supplied to The Publisher are accurate, lawful, and do not infringe copyright, trade marks, design rights, privacy rights, publicity rights, confidential information, or any other proprietary or personal rights of any third party.

The Advertiser shall indemnify The Publisher in respect of any claims, costs, losses, damages and expenses arising out of any unlawful, misleading, defamatory, infringing or otherwise improper material supplied by or on behalf of the Advertiser.

The indemnity shall extend to any amounts paid on legal advice in settlement of any claim.

Positioning and Placement

The Publisher will use reasonable endeavours to accommodate placement requests, but no specific position, page, section, proximity to editorial, proximity to other advertisers, or exclusivity within a category is guaranteed unless agreed in writing by The Publisher.

Any agreed premium placement, cover position, guaranteed page position or exclusivity arrangement must be confirmed in writing and may be subject to an additional charge.

The Publisher reserves the right to determine the final layout, page order, positioning and design structure of each Title.

Competitor Proximity and Exclusivity

The Advertiser acknowledges that other businesses, including competitors or businesses in the same or similar sector, may advertise in the same Title, issue, section, feature or page area.

No category exclusivity, competitor exclusion or separation from other advertisers is guaranteed unless agreed in writing by The Publisher and charged accordingly.

Editorial Inclusion

Any editorial, advertorial, feature, article, business profile, interview or additional written content offered alongside an advertising booking is subject to space, editorial approval, house style and production requirements.

Unless expressly agreed in writing as part of a paid package, editorial inclusion is provided at The Publisher’s discretion and is not guaranteed.

The Publisher reserves the right to edit, shorten, amend, rewrite, refuse or remove editorial content for reasons of length, tone, clarity, legal compliance, advertising standards, house style or suitability.

The Publisher shall not be required to publish editorial content that is late, unsuitable, inaccurate, misleading, unlawful, promotional beyond the agreed format, or inconsistent with the style or purpose of the relevant Title.

Digital Publication and Archive Rights

Unless otherwise agreed in writing, the Advertiser grants The Publisher permission to reproduce, publish, display and store the advertisement and any associated copy, artwork, logos, images or editorial content in print, digital editions, PDF versions, online archives, websites, social media posts, promotional materials and other channels connected with The Publisher’s Titles.

The Publisher may retain digital versions of published Titles in online archives for promotional, record-keeping and reader access purposes.

The Advertiser is responsible for ensuring that it has all necessary permissions, licences and rights for any artwork, images, logos, photographs, fonts, trade marks, copy, testimonials or other materials supplied for print and digital use.

Distribution and Circulation

Any stated print quantities, distribution areas, delivery dates, readership figures or circulation estimates are provided in good faith and are approximate unless expressly stated otherwise in writing.

The Publisher will use reasonable endeavours to distribute each Title in accordance with its stated distribution plan. However, The Publisher does not guarantee delivery to any specific individual address, household, business, venue or location.

The Publisher shall not be liable for non-delivery, delayed delivery, restricted access, weather disruption, third-party delivery failure, stock depletion at collection points, postal disruption, distribution disruption, or other circumstances outside The Publisher’s reasonable control.

Cancellations and Refunds Policy

All cancellation requests must be made in writing.

The Advertiser may cancel an advertising booking within 14 calendar days of cleared payment being received by The Publisher and receive a full refund of the Advertising Charge, provided that the cancellation request is received before the Final Cancellation Date.

Where a cancellation request is received more than 14 calendar days after cleared payment has been received, but before the Final Cancellation Date, the Advertiser shall be entitled to a refund of 50% of the Advertising Charge, subject to the deduction or recalculation of any Discount, annual booking discount, multi-booking discount, 4-for-3 offer, promotional discount, Artwork Fee, design fee, agency fee, third-party cost, or other cost already incurred or committed by The Publisher.

No refund shall be due where a cancellation request is received on or after the Final Cancellation Date.

No refund shall be due where payment is made on or after the Final Cancellation Date, unless otherwise agreed in writing by The Publisher.

Bookings placed on or after the Final Cancellation Date are non-cancellable and non-refundable unless otherwise agreed in writing by The Publisher.

No refund shall be due where the advertisement has already been approved, supplied to print, entered production, published, distributed, or otherwise committed to the relevant issue, regardless of when payment was made.

Artwork Fees, design fees, amendment fees, agency fees and third-party design costs are non-refundable once the work has been commissioned, briefed, commenced, supplied to an external agency, or provided to the Advertiser.

Any Discount offered by The Publisher is conditional upon the Advertiser completing the full booking to which that Discount relates. If the Advertiser cancels, reduces or otherwise does not complete the full booking, the Discount shall be withdrawn and the account shall be recalculated using the standard rate card price for the advertising space booked, used, reserved or published.

For example, where a package has a standard rate card value of £1,200 but has been discounted to £900 under a 4-for-3 or multi-booking arrangement, the £300 Discount shall be withdrawn if the booking is cancelled or reduced. Any refund due shall then be calculated after the booking has been recalculated at the standard rate card price and after deduction of any non-refundable Artwork Fees or costs already incurred.

Non-payment of an invoice shall not be treated as cancellation of the booking. If the Advertiser wishes to cancel, written cancellation must be received and accepted in accordance with this policy.

Cancellations Made by The Publisher

The Publisher reserves the right to cancel an advertising booking where it is unable to publish the advertisement, where the Advertiser fails to provide suitable artwork by the Copy Deadline, where payment has not been received by the due date, or where the advertisement is deemed unsuitable, unlawful, misleading, offensive, defamatory or otherwise inappropriate for publication.

Where The Publisher cancels a booking for reasons not caused by the Advertiser, the Advertiser will receive a refund of Advertising Charges paid for any advertisement not published. Artwork Fees, design fees and third-party costs already incurred may remain payable.

Where The Publisher cancels a booking because of the Advertiser’s breach of these Terms and Conditions, failure to pay, failure to supply suitable artwork or copy, or supply of unlawful, misleading or unsuitable material, the full Advertising Charge and any Artwork Fees may remain payable.

Payment

Payment for each advertisement shall be due on or before the Invoice Date unless otherwise agreed in writing.

Late payment may result in the advertisement being withheld from publication, but the Advertiser shall remain liable for the full Advertising Charge and any Artwork Fees or costs incurred.

Non-payment shall not be treated as cancellation of the booking.

The Publisher reserves the right to charge interest, administrative costs and reasonable recovery costs on overdue invoices in accordance with applicable law.

Payment Disputes and Chargebacks

Raising a payment dispute, card dispute, bank recall or chargeback shall not be treated as cancellation of the booking.

Where a chargeback, payment dispute or bank recall is raised and the booking has not been validly cancelled in accordance with these Terms and Conditions, the Advertiser shall remain liable for the Advertising Charge, Artwork Fees, third-party costs and any reasonable administrative, bank, recovery or legal costs incurred by The Publisher in responding to the dispute.

If a chargeback or payment dispute is found in The Publisher’s favour, any related administrative costs may be added to the Advertiser’s account.

Claims

Advice of errors, omissions or dissatisfaction must be given in writing within 7 working days of the relevant Title being published, distributed or made available to readers.

The Publisher shall not be liable for any claim made after this period.

Where The Publisher accepts responsibility for an error, omission or production issue, The Publisher may, at its discretion, offer a correction, replacement advertisement, credit, partial credit or other reasonable remedy.

Liability

The Publisher shall not be liable for any loss to the Advertiser arising from errors, omissions, delays in publication, distribution delays, print variation, colour variation, non-delivery to a specific address, or circumstances beyond The Publisher’s reasonable control.

The Publisher’s total liability to the Advertiser shall not exceed the Advertising Charge paid by the Advertiser for the advertisement giving rise to the claim.

The Publisher shall not be liable for any indirect loss, loss of profit, loss of sales, loss of business, loss of opportunity, loss of goodwill, reputational loss, or consequential loss arising from the publication, non-publication, delay, error or omission of any advertisement.

Nothing in these Terms and Conditions shall exclude or limit liability where it would be unlawful to do so.

Customer’s Property

All materials supplied to The Publisher by the Advertiser are held at the Advertiser’s risk unless otherwise agreed in writing. The Advertiser should insure such materials accordingly.

Materials Supplied by the Advertiser

The Publisher may, at its absolute discretion, reject any advertising material supplied by the Advertiser which appears to be unsuitable, unlawful, misleading, offensive, defamatory, poor quality, incorrectly sized, late or otherwise inappropriate for publication.

Additional costs incurred where materials are found to be unsuitable during production may be charged to the Advertiser.

Where materials are supplied or specified by the Advertiser, The Publisher will take reasonable care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in, or unsuitability of, materials supplied or specified by the Advertiser.

Full Colour Printing

Whilst The Publisher will make every effort to obtain the best possible colour reproduction, The Publisher cannot guarantee an exact match in colour, tone, texture, layout or finish between the Advertiser’s original material, screen proof, printed proof and the final printed advertisement.

A colour proof, where supplied, can be used to check approximate colour reproduction only.

It is the Advertiser’s responsibility to ensure that any photographs, transparencies, logos, artwork or digital image files supplied are suitable for the work in hand.

The Publisher cannot accept responsibility for unsatisfactory results caused by unsuitable, low resolution, incorrect, incomplete or inferior material supplied by the Advertiser.

Data Protection and Privacy

The Publisher will process personal data provided by the Advertiser for purposes connected with administering bookings, producing advertisements, managing customer accounts, issuing invoices, communicating with the Advertiser, publishing relevant contact details where supplied for inclusion in advertisements, and maintaining business records.

The Advertiser is responsible for ensuring that any personal data supplied for publication, including names, photographs, contact details, testimonials or staff information, has been supplied lawfully and with any necessary permissions.

The Publisher will handle personal data in accordance with applicable data protection laws and its privacy policy.

Force Majeure

The Publisher shall be under no liability if it is unable to carry out any provision of the contract for any reason beyond its reasonable control, including but not limited to acts of God, legislation, war, terrorism, fire, flood, drought, failure of power supply, pandemic, epidemic, industrial action, supplier failure, postal or distribution disruption, print production issues, transport disruption, or inability to procure materials required for the performance of the contract.

During the continuance of such a contingency, The Publisher shall be entitled to delay, vary, suspend or cancel publication or distribution as reasonably necessary.

Variation

No variation to these Terms and Conditions shall be valid unless agreed in writing by The Publisher.

Any special terms, discounts, positioning agreements, editorial commitments, payment arrangements or cancellation variations must be confirmed in writing by The Publisher.

Severance

If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, lawful and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted.

The remaining provisions shall continue in full force and effect.

Waiver

A failure or delay by The Publisher to enforce any right or provision under these Terms and Conditions shall not constitute a waiver of that right or provision.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction in relation to any dispute arising out of or in connection with these Terms and Conditions, the Confirmation of Your Order, any invoice, or any advertising booking.

Legal Entity

The Heart of Magazines is a trading style of Hooked on a Feeling Ltd, a limited company registered in England and Wales.

Registered number: 14911427.

Registered office: North Lodge, North Lodge Court, South Horrington Village, Wells, England, BA5 3DZ.