Monday, June 24, 2024

Terms & Conditions of Business

Defined Terms

Us/we/our: Means Moonriver Publishing Limited
Company Number 06205835
Registered Office Enterprise House, Cherry Farm Close, Malton, North Yorkshire, YO17 6AS

You/your: Means the legal entity we contract with: you if you are a Sole Trader; the Partnership if your business is a Partnership; or the Limited Company which your organisation operates as

Insertion: Means each individual presentation of your Copy

Copy: Means any advert, editorial, article or advertorial supplied for publication

Deadline Date: Means the Date by which Copy must reach us for Insertion for publication

a) Your Responsibility to Us

  1. To supply all Copy prior to the Deadline Date.
  2. To supply all Copy in either JPEG, PDF, TIFF or Photoshop formats at a minimum of 300 dpi if your copy is supplied artwork ready. Where we prepare your artwork then Copy can be supplied in any format we can read electronically.
  3. You agree that you have all the necessary permissions of copyright holders for the entirety of your Copy.
  4. You agree not to use any Copy prepared by us anywhere else without our express written permission.
  5. You agree to make payment for your first Insertion prior to the Copy Deadline Date.
  6. You agree to settle all of your invoices promptly and in any event all invoices must be settled within 28 days of issue.
  7. You agree to check the accuracy of all information contained in your Copy including contact information and pricing.
  8. You agree to meet all our legal costs and expenses in recovering from you unpaid invoices outside of your payment terms on a full indemnity basis.
  9. You agree to provide us with 30 days’ notice prior to our Copy Deadline Date of any cancellation of Insertion.
  10. If you cease to operate or trade, you must inform us in order to cancel any on-going booking for Insertions that you may have.
  11. You agree to meet the additional cost, which will be notified and invoiced to you, where you increase the size of the Copy for future Insertions.

b) Exclusions of Liability

We cannot accept responsibility for the following:

  1. Inaccuracies contained in Copy supplied by you.
  2. Print quality of Copy supplied in a non-specified format, or below the required dpi or in the incorrect dimension for the space booked.
  3. The content of your Copy remains your responsibility at all times.
  4. We offer no guarantee as to the success or otherwise, howsoever measured, of your advertising Copy. We will not entertain any claims for refunds generated by alleged poor responses to your Copy, save where we have failed to fulfil our obligations.
  5. We will not be liable to you nor deemed to be in breach of contract by reason of delay to perform publication or distribution where the cause of such non-performance or delay was beyond our reasonable control.
  6. We cannot and will not accept any liability whatsoever for any loss, damage or consequential loss arising through an error, inaccuracy or omission in printing.
  7. We cannot and will not accept any liability for any loss caused by delay in your responding to proof reading Copy.

c) Our Responsibilities to You

  1. We accept your advertising order in good faith.
  2. We will refuse to publish Copy that we deem to be illegal, offensive, defamatory or indecent. Our decision on these issues will be final and no further correspondence on the issue will be entered into.
  3. We will consider claims where we have failed to publish your Copy, provided all other terms have been complied with. Such claims shall be limited to the cost of the Insertion only and no further losses or consequential losses will be considered.

d) Payment Terms

  1. All invoices are to be settled within 28 days of issue, save where the invoice is in respect of first insertion, and then payment is required before the copy deadline.
  2. Payment outside of the terms shall cause all discounted rates to be foregone and the non-discounted rate to be liable for payment.
  3. Cancellation of previously booked, discounted Insertions will cause any discounts to be forgone and the full non-discounted price to be invoiced.
  4. As per clause A8 above, you will meet our legal costs of recovery against you where payment falls out with these Terms and Conditions of Business.
  5. We reserve the right to assign or factor debts due to us.
  6. We have the right to compensation under The Late Payment of Commercial Debts (Interest) Act 1998 and The Late Payment of Commercial Debts Regulations 2013, and will enforce these rights against you.

e) General Terms

  1. Governing Law and Disputes: The Parties agree that the law of England and Wales shall apply in all instances of dispute or interpretation in respect of this agreement.
  2. Notices: Any notices required or permitted to be given under this agreement shall be in writing and shall be delivered either in person or first class post to the last known business address of the parties.
  3. Force Majeure: We will not be liable for any failure of or delay in the performance of this agreement where such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, war, strikes or labour disputes, embargoes, government orders or any other force majeure event.
  4. Incorporation: These Terms of Business are applicable to all business between us unless we agree in writing to vary such terms. All business between us, whether agreed in writing, via electronic communication, or orally either in person or telephone, is conducted under these Terms of Business.

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