Terms of service.

Ball. MAGAZINE ADVERTISING TERMS AND CONDITIONS

DEFINITIONS

  1. The following definitions are used in these Terms:

“Advertisement” means the material provided to Us by the Advertiser for publication;

“Advertiser” means the person who books the advertising space including any agents or media buyers who, for the purposes of these Terms, shall act as principals on their own behalf;

“Booking” means the legally binding booking accepted by Us in accordance with clause 2.1;

“Specification” means the latest technical specifications for Advertisements a copy of which is available on request;

“Rate Card” means the rate of charges for Adverts as currently set out in Our media pack, a copy of which is available on request;

“We, Us or Our” means the publisher of Ball. magazine, the Ball Group Limited (company registered in England and Wales with Company number 15151167).

  1. Acceptance of the Order and Cancellation Terms

    1. A Booking is made when We issue a confirmation email. Provision of Our Rate Card is not an offer from Us capable of acceptance by the Advertiser.

    1. All Agreements are subject to these Terms and no variation or addition thereto shall be effective unless specifically agreed to in writing by Us. Any other terms or conditions sought to be imposed by the Advertiser are expressly excluded.

    1. All orders are subject to acceptance of copy by the Publisher.

    1. The Booking cannot be cancelled by the Advertiser once We send the confirmation email.  We reserve Our right to cancel the Booking should we, at our absolute discretion, feel it is necessary to do so.

  1. Rates and Payment Terms

    1. Payment is due to be received from the Advertiser on receipt of the invoice and must be made before publication.

    1. If the Advertiser does not pay by the due date, We reserve the right to omit or suspend all or any Advertisements due to appear under any existing Bookings with the Advertiser.

    1. We shall be entitled to charge interest on any outstanding balance owed to Us Publisher at the rate of 4% above the base rate of HSBC Bank plc from the date that the invoice became due for payment until the date it is paid in full together with any costs associated with the cost of recovery.

  1. Provision of Copy and Design

    1. All Bookings remain subject to acceptance of the advertising copy by Us and the content of Advertisements are subject to Our approval.

    1. It is the Advertiser’s responsibility to check the accuracy of the Advertisement. The Advertiser warrants that any Advertisement submitted by it for publication shall comply with all applicable laws, legislation, regulations, and codes of practice (including the British Code of Advertising).  The Advertiser also warrants that the content does not infringe of any other party’s rights. The Advertiser hereby grants a world-wide non-exclusive, fully paid licence to reproduce and display the Advertisement (including all contents, trade marks and brand features contained therein).

    1. The Advertiser indemnifies Us fully for all costs, expenses, damages or liability whatsoever (including legal costs and awards ordered against Us) in respect of any claim made against Us arising from the publication of the Advertisement or as a result of any breach or non-performance of any of the representations, warranties or other terms contained herein or implied by law.

    1. We reserve the right, at Our absolute discretion, to require the Advertiser to amend any artwork, materials or copy for and relating to any Advertisement or to cancel any Booking or to omit or suspend an Advertisement (for example if it is libelous, unlawful, defamatory, pornographic, socially unacceptable, insensitive or otherwise contrary to Ball.’s editorial policy). Should cancellation, omission or suspension be due to the act or default of the Advertiser or its servants or agents including the unsuitability of the Advertisement as indicated above, then the Advertiser shall pay for the space reserved for the Advertisement in full notwithstanding that the Advertisement has not appeared. Such cancellation, omission or suspension shall be notified to the Advertiser as soon as reasonably possible.

    1. Any complaints concerning the Advertisement from the Advertiser must be received in writing by Us not more than 14 days after the publication date of the Advertisement. Complaints received after such time will not be entertained and We shall have no liability in respect thereof.

    1. In circumstances where the Advertiser fails to adhere to any delivery instructions issued by Us, copy instructions are not received or where We do not hold any copy, We reserve the right in our absolute discretion to print any copy held or omit the Advertisement and to charge for the Advertisement in full notwithstanding that the Advertisement has not appeared.

    1. Copy supplied to Us by electronic means must be free from software viruses and any other malicious computer code or corruption which may harm Our computer systems.

    1. Advertiser’s property, originals, artwork, type, mechanicals, digital files and proofs, positives etc. are held by Us at the owner’s risk and should be insured by the Advertiser against loss or damage from whatever cause.

    1. Advertisements will be published to the representation as provided by file (or other accepted medium) by the Advertiser and We shall not be liable for any lack of clarity or other error in representation that results from the representation of the Advertisement as it was provided by the Advertiser. Reasonable standard charges will be made to the Advertiser where production work of any kind is required to put the Advertisements in a form suitable for publication for any reason and at any stage. We will notify the Advertiser of such charges in writing upon receipt of advertising copy.

    1. Any Advertisements which are designed by Us will be subject to your approval but, if we cannot be reached or do not contact us by the copy deadline with any changes then We reserve the right to publish the Advertisement without the Advertisers approval.

  1. Liability

    1. We will exercise reasonable care and skill in the handling and publishing of the Advertisement, but where the Advertisement is not published in the manner specified in the Booking, whether through any failure or negligent act or omission on Our part or any third party, Our liability to the Advertiser shall be limited (at the option of the Publisher) to either:

      1. publishing the Advertisement (or a replacement Advertisement if provided by the Advertiser) as soon as is reasonably practicable; or

      2. providing the Advertiser with a refund of the amount of any payment made for the Advertisement concerned.

    1. We shall not be liable for any indirect, special or consequential loss or damage arising from any failure to publish an Advertisement as agreed with the Advertiser, including, but without limitation, any late or incorrect publication, any non-publication or inaccurate reproduction of the Advertisement. We shall not be liable whatsoever in respect of any error or omission in respect of publishing the Advertisement which is not notified to Us in writing within one calendar month of the actual publication date of the Advertisement.

  1. Termination

    1. Without affecting any other right or remedy available to it, either party may terminate this Agreement with immediate effect by giving written notice to the other party if:

      1. the other party fails to pay any amount due under this Agreement on the due date for payment and remains in default not less than 14 days after being notified in writing to make such payment;

      2. the other party commits a material breach of any other term of this Agreement and that breach is irremediable or (if that breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;

      3. the other party repeatedly breaches any of the terms of this Agreement in such a manner to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this Agreement;

      4. the other party takes or has taken against it (other than in relation to a solvent restructuring) any step or action towards its entering bankruptcy, administration, provisional liquidation or any composition or arrangement with its creditors, applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court), being struck off the register of companies, having a receiver appointed to any of its assets, or its entering a procedure in any jurisdiction with a similar effect to a procedure listed in this Clause;

      5. the other party's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of this Agreement is in jeopardy.

  1. General

    1. Force majeure.

Neither party shall be in breach of this Agreement or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control. The time for performance of such obligations shall be extended accordingly.

    1. Confidentiality.

      1. Each party undertakes that it shall not at any time during this Agreement, and for a period of two years after termination or expiry of this Agreement, disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the other party, except as permitted by clause 7.2.b).

      2. Each party may disclose the other party's confidential information:

        1. to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with this Agreement. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 7.3; and

        2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

      3. No party shall use any other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this Agreement.

    2. Entire agreement.

      1. This Agreement constitutes the entire agreement between the parties.

      2. Each party acknowledges that in entering into this Agreement it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

    3. Variation.

Any variation of this Agreement must be in writing and signed by the parties (or their authorised representatives).

    1. Severance.

      1. If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.

    2. Governing law.

This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales and the parties agree the courts of England and Wales shall have exclusive jurisdiction for any dispute or claim.