Advertising Terms & Conditions

Modern Retail is published by Considered Digital Ltd (Registered Company Number 12684643), hereafter referred to as the “Publisher”. These Terms & Conditions apply to all advertisements provided by Considered Digital Ltd to an Advertiser booking advertisements in any Modern Retail publications.

  1. The confirmation of the Advertisement Order Form, in writing or via email, constitutes an acceptance of these terms and conditions. The Advertisement Order Form confirms an order to place an advertisement or several advertisements via online media (including information and communication services such as email newsletters), for the purpose of promoting the business or services of the Advertiser (as defined below).
  2. In these terms and conditions, ‘Advertiser’ is the party who instructs the Publisher to publish an advertisement and the Advertiser is responsible for the payment of all charges arising from the publication of an advertisement. 
  3. The Advertiser is obliged to ensure correct, complete and timely delivery of advertisements before the artwork deadline date. If artwork is not supplied by this date, the Publisher will, at their discretion and where reasonably possible only, attempt to produce artwork on behalf of the Advertiser or repeat the most recent previous artwork. If it is not reasonably possible to use alternative artwork on behalf of the Advertiser, the Publisher at their discretion may attempt to re-schedule the advertisement. If it is not reasonably possible to reschedule the advertisement, for the avoidance of doubt, no refund or discount shall apply.
  4. All advertisements are accepted subject to the Publisher’s approval of the copy and to the space being available. The Publisher reserves the right to refuse, at its discretion, any advertisement submitted for publication. 
  5. The Publisher reserves the right to amend advertisement copy where necessary, without the prior agreement of the Advertiser if such amendment is required to ensure that the advertisement is compliant with law or any applicable regulations or guidelines (including, but not limited to, those of the Advertising Standards Agency).
  6. The Publisher reserves the right to modify the space or alter the date or position of insertion of any advertisement. Where such modifications do not materially alter the agreed components of a client’s order, no refund, credit or cancellation shall be due.
  7. Charges will be made to an Advertiser where the Publisher is involved in extra production work owing to acts or defaults of the Advertiser or its agent. These charges will be for the extra time spent by the Publisher on the advertisement (levied in accordance with the Publisher’s costs incurred) and/or any additional third party costs.
  8. In the event of any material error in the publication of an advertisement, except where attributable to an act or default by the Advertiser or his agents, the Publisher’s only obligation shall be to re-insert the advertisement at the soonest practicable opportunity. 
  9. Any complaint concerning the reproduction of an advertisement must be lodged in writing and received by the Publisher within 7 days of the publication of the advert. In the case of a disputed invoice, the Advertiser must notify the Publisher within 7 days of the date of the disputed invoice. The Publisher’s maximum liability for any complaint, claim or query is limited to giving a credit for its charge for the advertisement or, at its discretion, publishing the Advertisement for a second time without charge. Any complaint, claim or query shall not affect the liability of the Advertiser for payment of any invoice for the advertisement and any other outstanding items.
  10. The Publisher can offer no guarantees of numbers of views, impressions, clicks, enquiries or sales from any given advertisement and a lack of any of these does not constitute a valid reason for any refund, credit or cancellation of advertising orders.
  11. The Publisher shall have no liability and the Advertiser shall indemnify the Publisher in full against all costs, damages, claims and expenses arising from the publication of an advertisement which has been ordered by the Advertiser (whether signed off in writing or otherwise).
  12. The Publisher warrants that it obtains all recipients’ consent before sending third-party direct email marketing communications. Recipients have the right to withdraw consent to marketing at any time by unsubscribing or by contacting us
  13. The Advertiser warrants that the advertisement is not in any way illegal, defamatory, misleading, dishonest or an infringement of any other party’s rights or an infringement of any code of advertising practice.
  14. The placing of an order by an Advertiser constitutes a warranty and representation that all necessary authority and permission has been secured for the use in the advertisement of any pictorial representation of and any words attributable to a living person.
  15. If it is intended to include a competition or special offer within an advertisement, full details should be submitted at the time of booking and the Advertiser shall have full liability for the compliance of such competition and/or special offer with the law and all relevant regulations and guidelines and shall indemnify the Publisher in full against all against all costs, damages, claims and expenses arising from the Advertiser’s failure to comply.
  16. The copyright in artwork/copy contributed to an advertisement by the Publisher shall remain with the Publisher. When the advertisement consists in whole or in part of editorial, sponsored editorial, advertorial or PR, then all such content produced will have joint intellectual property rights between the Advertiser and the Publisher.
  17. Advertisement rates are subject to revision at any time and individual orders are accepted on condition that the price binds the Publisher only in respect of the advertising booked within the Advertisement Order Form.
  18. In case payments are late for more than one payment obligation, all claims against the purchaser shall fall due immediately; this shall not apply if the receivable is disputed or if defences voiding rights have been asserted.
  19. Purchase terms of our customers apply only to the extent that they do not contradict our terms of payment and delivery.
  20. We are entitled to assign all rights arising from our business relationship, in particular all receivables.
  21. The Publisher reserves the right to pass all accounts beyond the agreed credit terms to the debt collection agency, Sinclair Goldberg Price Ltd. All such accounts, without exception, will be subject to a surcharge of 15% plus vat to cover the costs of recovery. These accounts will also be subject to any legal costs incurred in obtaining settlement.
  22. This contract is governed by English law.

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