Terms and conditions
General Terms & Conditions Yellow & Finch Publishers (Y&F)
1. Rates and Costs
1.1. Rates are quoted exclusive of VAT and may be increased at any time upon 3 months’ written notice.
1.2. In addition to the rates quoted on the Rate Card, if the Advertiser requires artwork, sketches, layout, photography or processing or other services or requirements (collectively ‘production work’) it shall pay Y&F for the same, at the cost + VAT quoted at the time of request.
1.3. Copyright in any production work provided by Y&F shall vest in Y&F.
1.4. Retail rates are only available to retailers who do not make references to brands, manufacturers’ names or trade-marked goods of any kind in their advertising save for merchandise available from a single outlet.
2.1. Agents must disclose the name of their clients and the nature of the advertising at the time of booking. Any mistaken disclosure or failure to disclose entitles Y&F to reject or cancel the order.
2.2. Cancellations cannot be accepted from Advertisers within 14 days of Ad Copy deadline date. Covers and promotions are cannot be cancelled.
2.3. Orders for next or facing positions can only be accepted subject to availability at the time of going to press.
2.4. The Rate Card is not an offer of contract. A contract is made only by Y&F’s acceptance of the Advertiser’s order and only when the copy is signed by an authorised person.
2.5. It is the Advertiser’s responsibility to notify Y&F within 7 days of receipt of any order acknowledgement if the booking details are incorrect.
3. Copy Artwork and Materials
3.1. All copy, artwork and materials (‘copy’) shall comply with the specifications set out on the Rate Card.
3.2. If the Advertiser does not provide finished copy by the scheduled press date, Y&F is entitled, but not obliged, to repeat copy from the preceding period.
3.3. Y&F is not responsible for corrections to copy after the scheduled date, nor for key numbers.
3.4. All copy supplied by the Advertiser is held at the owner’s risk and should be insured against loss or damage; it may be collected after 7 days following Publication Date on the giving of reasonable notice. If it remains uncollected for 6 months Y&F is entitled to dispose of it. None of the above shall be deemed to have any value other than the cost of the materials.
4.1. The Advertiser accepts that the Advertiser is a principal in law an accordingly warrants that all copy (and its constituent parts) when submitted to Y&F for production and upon publication shall 1. Be neither defamatory nor obscene and comply in all respects with the requirements of the Dutch Code of Advertising Practice and other relevant industry codes; and 2. Comply with and not contravene the requirements of (a) any Act of Parliament statutory instrument code of practice or regulation promulgated thereunder including any law
of the European Community for the time being in force or applicable in The Netherlands; and (b) any acts decrees regulations or authorities in those markets in which the advertisement (and in particular comparative advertising) may be assessed; 3. Not breach any contract or violate any copyright trademark or any other personal or propriety of any person or entity or render Y&F liable to any proceedings whatsoever, wheresoever.
4.2. Y&F is entitled in its absolute discretion to reject or exclude any advertisement submitted or previously accepted for publication.
4.3. The Advertiser will indemnify Y&F fully in respect of any costs, damages or losses suffered by Y&F arising directly or indirectly from the production or publication of an advertisement conformed with the copy instructions and/or approval given by or on behalf of the Advertisers or which is in breach of any of the warranties above.
4.4. Any complaint concerning the production or publication of an advertisement must be lodged in writing at Y&F’s offices within 4 weeks of the publication date.
4.5. Y&F will exercise reasonable care in preparing and publishing an advertisement but if such advertisement is not published in accordance with the Accepted Order (other than through the act or default of the Advertiser) or pursuant to Y&F’s rights under clause 5(b) Y&F’s maximum liability shall be limited to the amount of any payment made for the advertisement. No compensation shall be payable for any error, misprint or omission which does not materially distract from an advertisement. Y&F may, at the Advertiser’s request, carry a further or corrective advertisement of a similar type and standard to the advertisement which has not been published in accordance with the Accepted Order in lieu of any monetary claim by the advertiser.
4.6.The Advertiser may not recharge a client for advertising space at an increased rate without Y&F’s written consent.
4.7. For advertising including a sponsorship competition or special offer, the Advertiser must provide all details when placing its order.
4.8. These conditions shall be construed under and governed by the law of the Netherlands and the parties shall submit to the exclusive jurisdiction of the Dutch Court in Middelburg.