Firststar Limited Advertising Terms and Conditions of Business.
Publishers of QX Magazine, QXMEN, QX City Guide Maps, and all their QX branded digital platforms.
All business activity is conducted and advertisement orders are only accepted subject to the Standard Terms & Conditions set out below. “The Publisher” refers to Firststar Ltd and “the Advertiser” refers to the party the services are supplied to.
These conditions will apply to every advertisement accepted for publication and shall replace any previously published Terms & Conditions of Business. Any other conditions not in these Terms and Conditions, but referred to by the Advertiser in its purchase order negotiations shall be invalid unless included clearly in the written instructions given by the Advertiser or their servants or agents and specifically accepted in writing by the Publisher. All advertisements are accepted subject to the Publisher’s final approval of the copy and to the space being available.
The Publisher accepts all press releases submitted on the basis that it is a form of advertising, whether paid for by the Advertiser or given freely by the Publisher, and is subject to these same Terms and Conditions. The Advertiser will indemnify the Publisher fully in respect of any claims made against the Publisher arising from the advertisement that is submitted by way of a press release.
The Publisher reserves the right to omit, alter, delete or suspend an advertisement at any time without the need for an explanation, in which case there shall be no claim on the part of the Advertiser for damages or for breach of contract. Should omission or suspension of an advertisement be due to the actions or fault of the Advertiser or his agents or servants, then the space booked shall be paid for in full even though the advertisement has not appeared.
It is the responsibility of the Advertiser to ensure that only authorised persons place orders. Advertisement orders should be accompanied by an official purchase order or written instructions signed by a duly authorised person. Where the Advertiser requires a purchase order, it is the responsibility of the Advertiser and his agents or representatives to supply the relevant purchase order at the time of booking the Advertisement.
The Publisher cannot be held responsible for errors or omissions in advertisements that have not been supplied to our print-ready specifications. Verbal instructions and orders are only accepted on the understanding that the Publisher will not be responsible for mistakes arising from them. The Publisher cannot accept liability for any errors due to third parties or subcontractors.
The Advertiser will ensure that the advertisement is not an infringement of the British Code of Advertising Practice. The Advertiser will ensure that the advertisement is not in any way illegal or defamatory. The Advertiser will ensure that the advertisement is not an infringement of any other party’s rights. The Advertiser will indemnify the Publisher fully in respect of any claims made against the Publisher arising from the advertisement.
The Advertiser will also indemnify the Publisher fully in respect of any claims made against the Publisher arising from the inclusion of advertorial. Orders for advertisements that take the form of advertorial are only accepted on the understanding that the Publisher will not be responsible for mistakes arising there from. For the avoidance of doubt, advertorial is an advertisement in the form of editorial content which may take a written or an image form, and which may appear as, or be similar to, editorial.
Prices are detailed in the media pack or as agreed at the time and date of the order, and are exclusive of VAT, which shall be charged in addition where applicable and unless otherwise indicated. Advertisement rates are subject to being revised at any time, and orders are accepted on condition that the price binds the Publisher only in respect of the next issue of the publication to go to press. In the event of an advertisement rate increase the Advertiser will have the option to cancel the order without surcharge or continue the order at the revised cost.
All new orders must be prepaid unless an approved credit account already exists. New credit accounts will only be opened after obtaining two trade references or a credit reference acceptable to the Publisher. Sole Traders and overseas companies will not be granted a credit account.
Approved credit accounts are subject to settlement in full in accordance with terms written on invoices. Recognised advertising agencies will be allowed 10% commission on the quoted rates as appropriate provided payment is made in full by the due date. The Publisher reserves the right to charge interest monthly in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 for late settlement of accounts from the due date up to the receipt of payment. For avoidance of doubt, the Publisher reserves the right to cancel any future advertisements (irrespective of whether applicable deposits have been paid) if any payment is overdue.
All discounts are given in consideration of settlement being made within the Publisher’s credit terms. Discounts may be given to agencies, and for series or size booking. Failure to settle invoices with in credit terms as detailed on the invoice will result in the discount being withdrawn and full rate being charged. If the Advertiser cancels the balance of a contract, he relinquishes any right to a previously negotiated series discount and advertisements will be paid for at the full rate, unless the contract has been suspended by decision of the Publisher.
Charges will be made to the Advertiser or his agent where the printers are involved in extra production work owing to errors or omissions of the Advertiser or his servants or agents. Additional cost incurred if materials are found to be unsuitable during production will be charged, except if the whole or any part of such additional cost could have been avoided but for additional delay by the Publisher or his servants in ascertaining the unsuitability of materials so supplied.
All artwork and other materials supplied to the Publisher by or on behalf of the Advertiser shall, while it is in the possession of the Publisher or agents of the Publisher, or in transit to or from the Advertiser, be deemed at the Advertiser’s risk, and the Advertiser should get their own insurance. The Publisher shall be under no liability if it is unable to carry out any provision of the Contract for any reason beyond its control, including Act of God, legislation, war, act of terrorism, fire, motor vehicle accident or breakdown, breakdown of machinery, employee absence, weather, failure of power supply, or labour dispute.
The Publisher reserves the right to destroy all artwork and associated materials which has been in its custody for more than four weeks from the date of the last appearance of the advertisement.
At least one weeks notice in writing prior to copy date is required to stop or suspend an insertion.
Complaints regarding reproduction or placement of advertisements must be made in writing and must be received within two weeks of the distribution date of the issue in question (as shown on the cover of the relevant magazine).
lf copy instructions are not received by the relevant copy date, no guarantees can be given that the proofs will be supplied for corrections made, and the Publisher reserves the right to repeat the most appropriate copy available.
These Terms & Conditions, together with the Media Pack, constitute the entirety of the Contract between the Publisher and the Advertiser. The Contract is deemed to take place at the offices of the Publisher. No variation of, or addition to the same shall be of legal effect, and no employee or agent of the Publisher is authorised to make any representation binding upon the Publisher, unless such variation or addition is made in writing and signed by a Director of the company, Firststar Limited.
These Terms & Conditions and all other express terms of the Contract shall be governed and construed in accordance with the laws of England.