In these conditions:-
1.1 The Advertiser means the party whose goods and services are advertised, and includes the advertising agency, if any.
1.2 The Publisher means John Wiley and Sons Ltd or related or affiliated entities.
1.3 The Rate Card means the Publishers Rate Card in effect.
1.4 An Advertisement means the matter to be printed on the page, graphically displayed on a website or separately inserted. It also refers to matter placed in any media however displayed by the Publisher.
1.5 Copy means the material which has been supplied or is to be supplied to the Publisher for the Advertisements, in conformity with the Publisher’s technical specifications which must be met by the Advertiser.
2.1 It is the responsibility of the Advertiser at the time of booking, to confirm all orders placed in writing which clearly states the publication in which the Advertiser wishes to advertise, the insertion date, the size, the description, the rate (including the final rate), address to invoice, telephone/fax/email details and the agency/client contact name.
2.2 All Advertisement orders are subject to acceptance in writing from the Publisher. If the Publisher refuses to accept the Copy, the cost incurred for its production and any other ancillary costs shall be borne by the Advertiser.
2.3 The placing of an Advertisement shall amount to an acceptance of these conditions. Any conditions stipulated on an order form or elsewhere by the Advertiser shall be void in so far as they are inconsistent with these conditions.
2.4 The Advertiser shall be responsible for the insurance of all artwork and other Copy delivered to the Publisher and the Publisher cannot accept any liability for any loss or damage. After 6 months the Publisher reserves the right to dispose of such material and the Publisher may exercise this right without giving further notice to the Advertiser.
2.5 All carriage/air freight charges incurred by the Publisher in receipt of Copy from the Advertiser will be charged back to the Advertiser.
2.6 The Publisher will provide ‘proof of insertion’ for all Advertisements. In the case of an Advertisement placed through an advertising agency two copies will be supplied.
3.1 If Copy provided does not conform to the Publisher’s requirements a charge will be made for any additional work involved. In addition the Advertiser may request changes to be made by the Publisher by mutual agreement at the Advertiser’s expense.
3.2 Copy must be supplied without application from the Publisher. In the event of copy instructions not being received by the due date the Publisher reserves the right to repeat the copy last used if available or to publish only the Advertiser’s name and address or run a ‘house advertisement’ and charge for the space booked in any event.
3.3 The Publisher reserves the right to refuse, stop orders, cancellations or transfers unless they are received not less than 8 weeks before the date of the publication date for run of paper Advertisements or 12 weeks for Advertisements in special positions (e.g. outside back cover or opposite contents page).
3.4 Special positions will be given only if agreed by the Publisher and at the appropriate additional rate. Positions specified on the order supplied by the Advertiser but not subsequently agreed to by the Publisher cannot be guaranteed.
3.5 Should the Publisher be unable to place an advertisement within a specified position, for which a premium has been charged, or within a specified issue, the Publisher will advise the Advertiser who will have the option to move the insertion to an alternative issue or cancel.
3.6 The Publisher cannot accept responsibility for changes in date of insertion and Copy unless these are confirmed in writing and in time for the changes to be made. The Publisher reserves the right to charge for any additional expense involved in such changes.
3.7 The Publisher will provide proofs only if requested and only if Copy instructions are received by the stipulated time. A charge will be made for colour proofs.
4.1 The Publisher holds both the client and its agent responsible for payment. In the case of non payment by an agent, all overdue invoices will be reinvoiced directly to the client.
4.2 Series discounts apply only to orders placed in advance and completed within one year from the date of the first insertion.
4.3 In no circumstances does the placing or acceptance of an order confer the right to renew on similar terms.
4.4 The Publisher reserves the right to increase Advertisement rates at any time or to amend the terms of contract as regards space or frequency of insertion. In such event, the Advertiser has the option of cancelling the balance of the contract without surcharge. If the Advertiser cancels the balance of the contract, except in the circumstances of an increase in Advertisement rates, all unearned series discounts will be surcharged. The Publisher reserves the right to surcharge in the event of insertions not being completed within the contractual period.
4.5 Advertising agencies recognised by the Publisher will be allowed by the Publisher up to 10% commission on quoted rates as appropriate provided payment is made by the due date and all other requirements are strictly complied with.
4.6 Every effort is made to publish an Advertisement in the specified issue, but the Publisher is not responsible for any supplementary or ancillary costs relating to non appearance of the Advertisement.
4.7 The Publisher reserves the right to withdraw any discounts if payment is not made by the payment due date.
4.8 The Publisher reserves the right to request prepayment for non account customers. The Publisher will consider offering account facilities at its sole discretion and reserves the right to receive references prior to setting up an account.
4.9 Credit accounts are strictly net and must be settled within 30 days. If an account is overdue the Publisher reserves the right to suspend insertions without prior notice to the Advertiser.
4.10 The Company reserves the right to charge statutory interest and collection costs in accordance with the Late Payment of Commercial Debts legislation on all overdue payments enforceable in the United Kingdom and in European Member States. For those countries excluded from such legislation collection costs and interest at the rate of 8% per annum above the Bank of England base rate from time to time in force will be payable by the Customer from the date payment is due until the date payment is received.
4.11 The Publisher reserves the right to place the debt with a third party for collection. All costs incurred will be debited to the account of the Advertiser.
4.12 All rates quoted are subject to the addition of Value Added Tax at the rate applicable on the day of supply in all EU countries.
5.1 All Copy must comply with the requirements of all relevant legislation (including subordinate legislation, rules of statutory recognised regulatory authorities and EU law for the time being in force or applicable in the United Kingdom.
5.2 All Copy submitted to the Publisher must be legal, decent, honest and truthful and comply with the British Code of Advertising Practice and all other relevant codes under the general supervision of the Advertising Standards Authority and must not violate any copyright, trademark, trade secret, publicity right or other right of any third party. The Publisher reserves the right to refuse Advertisements submitted at his absolute discretion.
5.3 The Publisher shall not be liable for any loss or damage, consequential or otherwise, occasioned by error, late publication or the failure of an Advertisement to appear from any cause whatsoever.
5.4 The Advertiser will indemnify the Publisher against any damages and or expenses which the Publisher may incur as a direct or indirect consequence of the Advertisement.
5.5 The copyright in materials prepared by the Publisher shall belong to the Publisher. Advertisements containing such materials may not be reproduced without permission from the Publisher.
5.6 The Advertiser will indemnify and hold the Publisher harmless against any damages and/or expenses (including legal fees) which the Publisher may incur, including, without limitation any damages and/or expenses arising from a breach by the Advertiser of clause 5.2.
5.7 The Advertiser hereby licenses the Publisher to make copies of the Advertisement for the purposes set forth herein.
5.8 Notwithstanding any of the above conditions to the contrary neither the Publisher nor the Advertiser shall be liable to each other for any loss or damage, consequential or otherwise caused by or arising out of any Act of Parliament or Order in Council, Act of State, strike of employees, lockout, trade dispute, enemy action, rioting, civil commotion, fire, force majeure, Act of God or other similar contingency beyond the control of either party.
6.1 The contract which incorporates these conditions shall be construed under and governed by the law of England and the parties submit to the exclusive jurisdiction of the English courts.