Advertising terms and conditions
These terms and conditions apply to Viva Lewes and Viva Brighton magazines, both in the printed handbooks and the online editions, referred to hereafter as the Publisher.
Click here to download the terms and conditions as a PDF
1. Artwork and Deadlines
1.1 The Advertiser is responsible for supplying copy-ready, fully proofed artwork in accordance with the Publisher’s specifications.
1.2 Artwork is to be sent to the Publisher prior to the copy deadline, which is a mid-month deadline. In the event that artwork is not received by deadline, the Publisher reserves the right to run appropriate generic artwork or repeat copy, making time-sensitive amendments to the copy where required.
1.3 If artwork is designed, in-house, by the Publisher, the Advertiser is responsible for approving the final copy prior to deadline. The Advertiser will be given the opportunity to make amendments and corrections once. While every effort is made to avoid mistakes, responsibility for the final proof lies with the Advertiser. Please be particularly vigilant with phone numbers, email addresses and the terms of any special offers.
1.4 Advertising artwork created by the Publisher is for sole use in Viva publications and remains under the copyright of the Publisher. It is not to be reproduced in any other medium without written permission from the Publisher.
1.5 Advertisements that are not immediately identifiable as advertisements, for example those that look like editorial content, are not acceptable and will either be rejected by the Publisher or amended to make it clear that the copy is an advertisement.
1.6 The Publisher reserves the right to refuse any copy that it considers inappropriate.
1.7 The Publisher is not responsible for errors or omissions in any advertising materials provided by the Advertiser or its agency or for changes made by Advertisers after deadlines.
2. Advert Placement
2.1 The Publisher reserves the right to position advertisements in the magazine at their discretion.
2.2 Placement requests such as page location, competitive separation, proximity to relevant editorial copy and position on page can only be guaranteed if agreed in writing upon booking and paid for in advance.
3. Payment Terms
3.1 Invoices are issued on the first day of the month of publication and payment is due within 15 days.
3.2 To obtain a series discount, the entire series must be booked and paid for in full, in advance. A series booking must be completed within a year of the initial booking being made.
3.3 In the event of non-payment the Publisher reserves the right to charge interest on outstanding balances and to pass on the cost of any debt collection efforts to the Advertiser in question. For the avoidance of doubt, the Publisher has the right to charge interest starting 15 days after the date of the relevant invoice. Our debt collection policy is aligned with the Prompt Payment Code as set out at promptpaymentcode.org.uk.
3.4 When the Advertiser is represented by an agency, both the Advertiser and its representing agency are jointly and severally liable for payment.
3.5 All pricing information shall be the confidential information of the Publisher and neither Advertiser nor agency may disclose such information without obtaining the Publisher’s prior written consent.
4. Cancellation Policy
4.1 Confirmed bookings, other than series bookings, can be cancelled with no obligation if such cancellation is made more than 30 days prior to the copy deadline.
4.2 Advertisers wishing to cancel or alter their bookings within 30 days of copy deadline do so at the Publisher’s discretion and cancellation fees may apply.
4.3 No cancellations will be accepted within seven days of copy deadline.
4.4 Confirmed bookings for a special position (such as covers) and guaranteed positions cannot be canceled within 30 days of copy deadline. Under these circumstances the Advertiser will be liable for the full cost of the advert in question, even if the Advertiser decides to withdraw the advert.
4.5 Cancellation or alteration to series bookings will trigger a review of any discounts, which were offered to the Advertiser for the series in question. The Publisher reserves the right to seek retrospective compensation, in line with the current Rate Card, if the Advertiser cancels or alters a series booking.
5. 1 The Advertiser will indemnify the Publisher against any costs, claims, demands, proceedings and expenses of any nature made against the Publisher arising from the Advertiser’s advert or insert.
5.2 If a booked advertisement is not published at all, and this non-publication is entirely a result of a mistake on the Publisher’s part, an alternative publication date will be offered in a future issue. If that alternative date is not acceptable to the Advertiser then the original booking will be cancelled and the Advertiser shall be entitled to a refund of any amount that they have already paid for the advertisement in question. This shall be the Advertiser's sole remedy for failure to publish the advertisement.
5.3 If a published advertisement contains a substantial error, and that error is entirely a result of a mistake on the Publisher’s part, then if requested by the Advertiser a corrected version of the advertisement will be republished in the next available issue of the magazine at no additional cost to the Advertiser. This shall be the Advertiser's sole remedy for such an error. The Publisher is not responsible for noticing and correcting errors in copy supplied by the Advertiser or its agency.
5.4 The Publisher shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which occurs as a side effect of the Advertiser’s advertisement; or any loss which could not be contemplated by the Publisher and the Advertiser. The Publisher’s maximum total liability for any loss or damage arising out of or in relation to any advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant advertisement actually paid by or on behalf of the Advertiser.
1st June 2016