Terms & Conditions Of Acceptance
For Advertisements And Copy
1.1. 'Advertiser' shall include any advertising agent, agency, business or individual contracting to buy space and that commitment shall bind the Advertiser as principal. 'Publisher' shall mean Darling Magazine. Our terms take precedence over any other contract issued by an advertising agency. 'Advertisement copy', 'artwork' or 'copy' shall mean any advertising material, advertorial material or editorial material intended for publication by the Publisher.
1.2. All Advertisements accepted for publication in any of its print or online publications are accepted subject to these terms and conditions. Any other conditions proposed by the Advertiser shall be void unless accepted by the Publisher in writing.
1.3. When the Advertiser agrees, either verbally or in writing, to the terms of activity and payment, as outlined by the Publisher, and these are confirmed in writing by the Publisher to the Advertiser, this will constitute a binding agreement between the two parties.
1.4. All Advertisements are accepted subject to space being available in the Medium.
1.5. The Publisher reserves the right to cancel any order without liability in the event of becoming aware of any indication whatsoever of financial difficulties.
2. Print Advertising
2.1. Copy must be supplied by the Advertiser without application from the Publisher. If copy instructions are not received by the agreed date, no guarantee can be given that any agreed proofs will be supplied or corrections made and the Publisher reserves the right to repeat the most appropriate recent copy or omit the Advertisement. Where a layout or proof is submitted to the Advertiser, it must be returned on the date specified and the Publisher reserves the right to publish the Advertisement in the same form as any layout or proof submitted, if the layout or proof is not returned on the date specified. In any of these cases, the total price of the order will remain unaltered.
2.2. If, at its discretion, the Publisher considers it necessary to modify the space or alter the date or position of the Advertisement or make any other alteration to an Advertisement accepted for insertion, such alterations will be communicated by the Publisher to the Advertiser who has the right to cancel, if such alterations would be detrimental to the Advertiser’s business.
2.3. Where the Advertiser has booked an advertorial / advertisement feature insertion at an agreed discounted rate, the Publisher shall agree to run up to two rounds of edits following the first draft of copy and the Publisher has the final decision over choice of wording, grammar, font, style, font, colours, use of images and layout. This applies to both copy submitted by the Advertiser and copy that has been created by the Publisher on behalf of the Advertiser. The Publisher reserves the right to publish any copy that has not been approved by the Advertiser within the time frame specified by the Publisher.
2.4. Where an Advertisement has been accepted by the Publisher and includes inserts, the Publisher reserves the right to charge the full price if the inserts fail to arrive at the agreed time and place for insertion.
2.5. Charges will be made to the Advertiser where printers are involved in extra production work owing to acts or defaults of the Advertiser.
2.6. Materials delivered must conform to the specifications. The Publisher reserves the right to charge the Advertiser for work if required to amend materials to conform to its specifications but accepts no liability for such work.
2.7. The Publisher’s rate card does not constitute an offer by the Publisher to contract. All orders for advertisements are subject to availability. The agreement of conditions that have been exchanged in writing constitutes the entire contract between the two parties. The acceptance of advertisements for publication by the Publisher is upon the basis of these conditions and no modification or amendment thereto shall bind the Publisher unless agreed in writing.
3. Cancellation or Suspension
3.1. 14 working days notice in writing prior to the copy deadline date is required for cancellations. Verbal cancellations are not acceptable. Where a series discount (or other discount) has been given and the Advertiser cancels prior to publication of the complete series, the full rate for each unpublished issue shall immediately become due and payable. Where a discount has been given for payment in advance of publication and payment is not effected, the full rate shall become immediately due and payable.
3.2. The Publisher reserves the right to refuse, omit, alter or suspend an Advertisement at any time for good reason, without incurring liability towards the Publisher and shall notify the Advertiser as soon as possible. If such omission or suspension is due to the act or default of the Advertiser, the Advertiser or their respective servants or agents, then the Advertiser shall pay for the Advertisement in full notwithstanding that the Advertisement has not been published.
3.3. If copy instructions for artwork are not received by the copy date, no guarantees can be given that corrections will be made and the Publisher reserves the right to repeat the most appropriate copy.
3.4. Where the Advertiser has booked a series of 3 or more inserts, unless otherwise communicated, these will appear in consecutive issues. Where the Advertiser requests to run one or more of these inserts in other issues, this will be at the Publisher's discretion.
3.5. Save where the position in the magazine is specified either on the Order Form or in email correspondence, the Publisher reserves the right to position advertisements in any position in the magazine.
3.6. Save where an exclusivity clause exists, the Publisher reserves the right to enter into agreements with competing businesses and run advertisements in any sector that it wishes.
4. Where artwork is supplied in print-ready format
4.1. The Advertiser warrants that any advertisement placed by it does not contravene the provisions of any law, any act of parliament, statutory instrument or order in council and is not defamatory, illegal or libelous and does not infringe any copyright, design right or patent, The Advertiser indemnifies the Publisher against all actions, proceedings, claims, demands, cost and expenses whatsoever which may be taken or made against the Publisher in respect of or arising out of any advertisement placed by it.
4.2. The Advertiser shall deliver copy by the Publisher’s copy date. An advertiser who fails to submit copy by the Publisher's copy date will be liable for the cost of the space and if this Advertiser has booked a discounted series, the full rate for each unpublished issue shall become immediately due and payable. Copy must be supplied in conformity with the Publisher’s requirements. Accepted artwork formats (including mechanical data etc.) are available to view on the website at darlingmagazine.co.uk. Where artwork is not supplied in the correct format and it is agreed that the Publisher will undertake the necessary amends, and any other changes as requested by the Advertiser, the charge will be as quoted by the Publisher.
4.3. The Publisher shall not be responsible for typographical or minor errors in print-ready supplied advertisements, which do not substantially affect the sense of the advertisement. The Publisher shall in no respect whatsoever be responsible for effectiveness for the Advertiser’s purpose of the advertisement. The Publisher accepts no responsibility for damage to or loss of artwork.
4.4. Should any typographical or errors be brought to the Publisher's attention prior to printing, the Publisher shall give the Advertiser no less than 24 hours to resubmit amended artwork. Should the deadline not be met, the Publisher will proceed with the original artwork, unless such errors substantially affect the sense of the advertisement. In the event of the Publisher having to withdraw the artwork, the advertiser will be liable for the cost of the space.
5. Where artwork has been created by the Publisher
5.1. There will be a charge for all creation of artwork, unless otherwise agreed between the Publisher and the Advertiser. The charge is what is quoted by the Publisher at the time of agreement. Two rounds of edits will be included in the design fee, after which there will be an additional charge per edit.
5.2. The Advertiser undertakes to provide the necessary information and images in the required format by the date that the Publisher has specified.
5.3. The copyright for the artwork will be owned by the Advertiser, unless there is no charge. In the event that there is no charge for the creation of artwork, no credit can be given for errors, mistakes or poor reproduction. Where the Publisher has typeset the advertisement free of charge, this artwork remains the copyright of the Publisher.
5.4. Corrections to artwork proofs must be received within 48 hours, unless there has been a delay in the design process due to the Advertiser, in which case it will be 24 hours.
5.5. Once artwork has been approved, no further edits can be made within 7 days of the print date, unless there are factual inaccuracies or misprints.
5.6. The Publisher shall be responsible for typographical or errors in advertisements should these errors substantially affect the sense of the advertisement. The Advertiser shall be responsible for any errors in contact details and will be given the opportunity to check the accuracy of these.
5.7. There will be an additional charge where the Advertiser requires artwork to be resized or requests any additional amendments. The charge will be as quoted by the Publisher.
6.1 Where the Publisher has commissioned a Photographer to take pictures for the benefit of the Advertiser, the Photographer owns the copyright of these pictures and they shall only be used for the purpose of the magazine. Neither the Advertiser nor the Publisher is permitted to use these pictures for other marketing purposes that are not connected with the magazine, such as printed media, social media, websites and other. If the Advertiser wishes to seek permission from the Photographer, then this will be at the Photographer's discretion, for which there may be a cost.
7. Payment Terms
7.1. Where upfront payments are agreed between the Publisher and the Advertiser for a series or for a series in two or more sister publications, the invoice will be issued within 7 days of the order being accepted. Raised invoices must be settled within 14 days of receipt.
7.2. Unless otherwise agreed, when the Advertiser agrees to place one or more advertisements in one or more publications, an invoice for the first of these issues will be raised within 7 days of the order being accepted. Such invoices must be settled wtihin 14 days of receipt. Invoices for future issues will be raised at the time of print. Unless queries are raised within 7 days of invoice, the invoice will be deemed to have been accepted. Raised invoices must be settled within 14 days of receipt. The Publisher reserves the right to charge interest on accounts outstanding after the payment due date the rate of 15% per annum. In the event of late payment by the Advertiser, the Publisher reserves the right to temporarily suspend the series until payment has been made.
7.3. In the event of late payment by the Advertiser to the Publisher, the Publisher reserves the right to invoice the Advertiser for the whole remaining series which has been booked by the Advertiser. Full payment will become immediately payable and no discounts will be applicable.
7.4. The person who either signs the order form or confirms the online order on behalf of the Advertiser (the 'signatory') agrees that, if the Advertiser fails to pay the Publisher, the signatory will be personally liable to pay all amounts due and unpaid by the Advertiser to the Publisher under this contract and this liability will not be discharged by any time or other concessions given by the Publisher to the Advertiser.
7.5. The placing of an order with the Publisher by the Advertiser will be deemed to be an acceptance of these terms and conditions by the Advertiser.
8. Where editorial copy is supplied by a third party (the 'Contributor') at a discounted rate or is complimentary
8.1. The Contributor shall agree to promote itself as an expert in its area of specialism, not to directly advertise its company name and services.
8.2 The Contributor agrees that the aim of the editorial is to provide the reader with an opinion piece that contains guidance, advice and tips.
8.3. The Publisher shall undertake to reference the Contributor's website. In the absence of a website address, the Publisher shall include an email address. No other contact details will be included, unless otherwise agreed.
8.4. The Publisher shall not be responsible for any misprints in website addresses or other factual information, once final copy has been approved.
8.5. The Publisher shall not undertake to include a description or any information purporting to promote an individual's services or company. This is otherwise viewed as advertising, for which there is a premium cost.
8.6. The Publisher shall agree to run up to two rounds of edits following the receipt of draft copy from the Contributor.
8.7. The Publisher shall not endeavour to change the view or the belief of the Contributor's words, unless such edits are approved and unless the publisher believes that such changes are in the interests of the readers.
8.8. Approved copy will be deemed as final and ready for print. After this, no more changes can be made, unless there is a misprint or a factual inaccuracy.
8.9. The Publisher has the final decision over choice of wording, grammar, style, font, colours, use of images and layout.
8.10. The Contributor will meet each copy deadline, along with the provision of images in the required format. Where a Contributor does not meet the copy deadline and fails to provide copy despite repeated reminders, the Contributor will be invoiced for the space which would otherwise have been sold to another advertiser. The Publisher reserves the right to charge the full rate for the space.
8.11. The Publisher shall not be responsible for extra costs incurred for images that have to be purchased externally.
9. Limitations on Publisher's Liability
9.1. The Publisher shall not be liable for any loss or damage suffered by the Publisher as a result of any total or partial failure (howsoever caused) of publication, distribution or availability of any Medium in which any Advertisement is scheduled to be included or for any error, misprint or omission in the printing of any Advertisement. In the event of an error or omission by the Publisher, which detracts materially from the Advertisement, the Publisher will either reinsert the Advertisement or relevant part of the Advertisement in a subsequent issue or make a reasonable refund of or adjustment to the price paid by the Advertiser. No reinsertion, refund or adjustment will be made for any other error or omission or where the error or omission is the result of delivery of materials which do not comply with the Publisher's specifications.
9.2. The total liability of the Publisher to the Advertiser for any act or omission of the Publisher, its servants or agents relating to any Advertisement shall not exceed the amount of a full refund of any price paid to the Publisher for the Advertisement or the cost of a reasonably comparable further or corrective Advertisement. Without limiting the foregoing, the Publisher shall not be liable for any loss of profits or business or for indirect or consequential loss. The publisher accepts no liability for the repetition of an error in an Advertisement ordered for more than one insertion unless notified immediately when the error occurs. Complaints regarding reproduction of printed Advertisements must be received in writing within 14 days of the cover date.
10. Advertiser's Warranties and Indemnities
10.1. If any Advertisement submitted for publication contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or copy by which any living person is or can be readily identified, the Advertiser warrants that the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy.
11. Online Advertising
11.1. Advertisements may contain only such information and code as is necessary to run the Advertisement effectively on the Publisher's website. Advertisements may not contain tags, cookies, beacons or similar technology which identifies users of the Publisher's website or enables the Advertiser or any third party to serve such users with any advertising other than the Advertisement.
11.2. If an Advertisement links to another site, the Advertiser is responsible for maintaining the link and for the content of the linked site. The Publisher may remove any Advertisement which contains content or links to a site which, in the Publisher's opinion, is defamatory or objectionable or will bring the Publisher into disrepute. The Advertiser will indemnify the Publisher from and against any claims or liability arising from links contained in an Advertisement.