Terms and Conditions

Metropolis Business Media

Magazine Advertising Terms and Conditions

Acceptance

  1. The advertisement is accepted on the understanding that the relationship between the Advertiser and Metropolis Business Media (the Publisher) is governed by the conditions set out below. Unless specifically approved in writing by the Publisher, the conditions stipulated on an Advertiser’s order form or anywhere else shall be void.
    Conditions which are contained in order forms other than those of the Publisher and which do not conform to, or are in addition to the Publisher’s conditions, will not be recognised as binding. Special conditions will be subject to express written agreement by the Publisher.
  2. For the purpose of these conditions, “Advertiser” shall refer to the contractual principal that is the party responsible for payment of charges arising from the publication of the advertisement.
    Where appropriate, “advertisement” includes; a loose or bound-in insert, product cards, advertorials, wall charts, year planner, and any other promotion within the portfolio.

Rates & Payment

  1. Advertisement rates are subject to revision at any time and individual orders are accepted on condition that the price binds the Publisher only in respect of the next issue to go to press.
    All gross display advertising rates are subject to the current Advertising Standards Board of Finance (ASBOF) surcharge, payable by the Advertiser in order to fund the system of self-regulatory control.
    Advertisement rates are exclusive of value added tax, which will be added at the prevailing rate(s) when the advertisement is invoiced unless the rate is specifically stated to be inclusive of taxes.
    In the case of any advertisement placed by an advertising agency, the advertiser and the said agency shall be a party to the contract in respect of the insertion of such advertisement and shall be severally liable to the publisher in respect of all matters arising under the contract. The said advertising agency shall be responsible for making the advertisers aware of such liability and shall be deemed in all circumstances to be the agent of the advertiser.
  2. The advertiser must pay within 30 days after the date of the invoice. The publisher reserves the right (without prejudice to the publisher’s other rights and remedies) to charge interest on the past due uncontested amounts at an annual rate of 8% above the base rate of Bank of England for the time being in force.

Publisher

  1. The Publisher reserves the right to refuse any information submitted for publication, and in this respect the Publisher’s decision is final. All information is accepted subject to the Publisher’s approval of the copy and to the space being available.
  2. The Publisher reserves the right to amend any copy where necessary.
    If the Publisher considers it necessary to modify the space or alter the date or position of insertion, the Advertiser will have the right to cancel if such arrangements are unacceptable, unless such changes are due to an emergency or circumstances beyond the Publisher’s control.
  3. The Publisher cannot stop orders, cancellation or transfers unless they are received in writing within 14 days. In the event of a late booking within 14 days of copy deadline the advertiser will have 7 days to cancel the booking. If cancellations are not sent and received within the 14 days they will be considered null and void and full payment will still be required.
  4. The Publisher cannot accept liability for any errors due to inaccurate copy instructions.
    Charges will be made to the Advertiser where the printers are involved in extra production work owing to acts or defaults of the Advertiser or its agents. These charges will be in accordance with publicised rates current at that date.
  5. If written copy instructions are not received by the agreed copy date, no guarantee can be given that proofs will be supplied or corrections made and the Publisher reserves the right to repeat the most appropriate copy.
  6. Where the Publisher provides a Reader Enquiry Service for the benefit of its readers, it shall not be contractually bound to pass such enquiries to the Client/Advertiser or any other person.
  7. The Publisher cannot accept responsibility for changes in dates of insertion and copy unless these are confirmed in writing and received by the Publisher in time for the changes to be made. The Publisher reserves the right to charge for any additional expenses involved in effecting such changes.

Advertisers

  1. The Advertiser warrants that no Work:
    (i) shall infringe or prejudice the rights of any third party (including without prejudice to the generality of the foregoing, intellectual property rights);(ii) shall be defamatory of any third party;(iii) shall constitute unfair competition or any like tort or civil wrong;(iv) shall infringe any laws, regulations and voluntary codes of conduct within the countries within which the Work is to be used;(v) shall infringe the British Code of Advertising Practice
  2. The Advertiser further undertakes to indemnify and to keep indemnified Metropolis Business Media against any costs, claims and expenses which result directly or indirectly from any breach of any of the above warranties.

Errors

  1. In the event of any error, misprint or omission in the printing of the Advertisement, except where attributable to a default by the Advertiser or its agents or where covered by Clause 6 above, the Publisher will make an adjustment to the cost. No re-insertion, refund or adjustment will be made where the error, misprint or omission does not materially detract from the advertisement. In no circumstances shall the total liability of the Publisher for any error, misprint or omission exceed:
    (a) The amount of a full refund of any price paid to the Publisher for the advertisement in connection with which the liability arose, or(b) The cost of a further or corrective advertisement of a similar type and standard to the advertisement in connection with which the liability arose.Any complaint concerning the reproduction of an advertisement must be received in writing by the Advertiser within 28 Days of the publication date.

GENERAL

  1. Advertisement copy must be supplied by the Advertiser or its agent in accordance with the mechanical data agreed with the Publisher.
  2. Copy matter must conform to the Publisher’s requirements and charges may be made if the Publisher is involved in any additional work. Thus the cost of making duplicate films or any necessary reprographic or origination work on material which is not supplied in strict accordance with copy requirements, will be charged to the Advertiser.
  3. If it is intended to include a competition or a special offer within an advertisement, full details should be submitted at the time of booking. Competitions and promotions must comply with the British Code of Sales Promotion Practice.
  4. The Advertiser’s property and artwork etc. are held at its own risk and should be insured by the Advertiser against loss or damage from whatever cause. The Publisher reserves the right to destroy all artwork which has been in its custody for six months from the date of its last appearance.
  5. Notwithstanding anything in the above which may provide to the contrary, neither the Publisher not the Advertiser shall be liable to one another for any loss or damage, consequential or otherwise, caused by or arising out of any Act of Parliament, Order in Council, Act of State, strike of employees, lock-out, trade dispute, enemy action, rioting, civil commotion, fire, force majeure, Act of God or other similar contingency beyond the control of either party.
  6. These conditions and all other express terms of the contract shall be governed and construed in accordance with the Laws of England.
    Metropolis Business Media is a part of Metropolis International (UK) Ltd.

Online Advertising Terms and Conditions of Acceptance

Upon placing an order you (“The Advertiser”) will be bound by the following terms and conditions:

  1. In the terms and conditions “the publisher” means Metropolis International (UK) Ltd.
  2. The publisher reserves the right to amend the content, heading, or insertion date of any advertisement. The Publisher shall make any reasonable attempt, where practicable, to contact the advertiser prior to such amendment and the Advertiser shall in these circumstances have the option to cancel the advertising contract. These conditions will only apply where the Advertiser does not in his advertisement comply with relevant legislation or where no new advertising copy (which is in these terms and conditions means text and/or graphics as appropriate) has been supplied or where the Advertiser is an account customer and the Publisher’s credit terms have been exceeded.
  3. In all other cases the Publisher will only accept cancellations or amendments as follows:
    i. In the case of advertisements booked directly with one of our representatives the request for cancellation of account will take place after 30 days notice. The advertiser will be liable for the full cost of advertising for 30 days from notice of cancellation. Any company profile or products uploaded not already stopped online by the advertiser will automatically be stopped on 30 days notice as above.ii. In the case of advertisements booked directly on line in one of the Publishers electronic products, notice of cancellation must be given by email from the Advertiser to the Publisher. The advertiser will be liable for the full cost of advertising for 30 days from notice of cancellation. Any company profile or products uploaded not already stopped online by the advertiser will automatically be stopped on 30 days notice as above.
  4. The Publisher will not be liable for any loss arising from the failure to publish any advertisement in a specific section or on a specific page or from the failure to publish any advertisement in a specific issue or at all is such failure is caused by circumstances beyond the control of the Publisher.
  5. The publisher shall not be liable in respect of errors contained in the advertisements, where wrong information has been supplied to the Publisher by the Advertiser or where the Advertiser has failed to correct advertising copy submitted by the Publisher, provided that the Publisher has allowed the Advertiser sufficient time to correct the advertising copy.
  6. The Publisher shall be entitled to destroy all material held in respect of any advertisement if the Advertiser does not reclaim it within 6 months from the date of publication of the last advertisement.
  7. Account facilities are only available to trade advertisers. When assessing applications for credit terms the Publisher will make a search with a credit reference agency, which will keep a record of that search and will share that information with other businesses. The Publisher may also make enquiries about the principal directors with a credit reference agency. The publisher will monitor and record information relating to your trade performance and such records will be made available to credit reference agencies who will share that information with other businesses in assessing applications for credit and fraud prevention. Such information will also be made available to other organisations to assess applications for credit.
    The Publisher reserves the right to amend, suspend or withdraw account facilities at their absolute discretion without notice. The Publisher shall attempt, where practical, to contact the Advertiser prior to such amendment, suspension or withdrawal. This will apply where e.g. the Publisher receives unsatisfactory bank references or where an Advertisers account is unpaid under the Publisher’s credit terms.
  8. The advertiser should be aware that his advertising must comply with the current UK legislation including The Trades Descriptions Act, The Fair Trading Act, The Consumer Credit Act, The Sex Discrimination Act, The Race Relations Act and The Business Advertisements (Disclosure) Order. In addition all advertisements must comply with the British Code of Advertising Practice.
  9. The Advertiser shall be responsible for any losses, expenses or other costs incurred by the publisher arising in respect of the advertisement and/or its publication, (e.g. if we have published an advertisement in good faith and then action is taken against us by a third party because of the content of the advertisement). This term will apply only where the Publisher has not acted negligently.
  10. Where the Publisher has (without making an additional charge to the Advertiser for doing so) prepared or arranged for the preparation of artwork, drawings, sketches, photographs and text the Advertiser here grants to the Publisher all intellectual property rights in such artwork, drawings, sketches, photographs and text and these shall at all times remain the Publishers property. No license is granted to the Advertiser or any other person in respect of these intellectual property rights. The Advertiser undertakes not to reproduce or authorise any other person to reproduce the said artwork, drawings, sketches, photographs and text without the written consent of the Publisher.
  11. The Advertiser agrees to notify the Publisher of his trading status. It is an offence for traders to represent themselves as private advertisers. The publisher can accept no liability in respect of any trade advertisement where the Advertiser’s status as a trader has not been disclosed to them.
  12. The Advertiser is responsible for ensuring that no advertising copy supplied to the Publisher: (i) infringes or prejudices the rights of any third party (including intellectual property rights); or (ii) is defamatory of any third party; or (iii) infringes any laws, regulations or voluntary codes of conduct within any country in which the advertisement is to be published.
  13. All advertising copy must be received prior to the Publisher’s copy deadline and the Publisher shall not be liable in the event of late delivery of copy by the Advertiser. It is the responsibility of the advertiser to supply copy to the Publisher and if it is not received within the copy deadlines, the Publisher shall be entitled to publish a previous advertisement (if appropriate). The publisher shall in these circumstances attempt, where practicable, to contact the Advertiser prior to publication.
  14. The Publisher shall be entitled at its election, and without additional cost to the Advertiser, to publish the Advertiser’s advertisement, or an appropriate extract, additionally in other formats(including electronic formats) than the format in which the advertisement was originally booked, UNLESS the Advertiser instructs the Publisher no to do so.
  15. It is the intention of the publisher that all the terms of the agreement between the Publisher and Advertiser are contained in this document. If the advertiser wishes to rely on any variation to these terms, such variations must be agreed with the Publisher at the time that the contract is entered into and confirmed in writing to the Publisher as soon as possible thereafter.
  16. The agreement will be governed by the law of England and Wales and the Publisher and Advertiser agree to submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any disputes arising under the agreement.

Site User Terms and Conditions

Access to the Website is subject to the following terms and conditions. Please take the time to read through these before continuing to use the Website.

On accessing the Website on this and on each subsequent occasion you will be deemed to have accepted all of the terms and conditions that apply to its use and to the facilities and services provided by it. We reserve the right to alter these terms and conditions at any time and it is your obligation to check if changes have been made. Your use of the Website after changes are posted on-line shall constitute acceptance of the new terms and conditions.

In these terms and conditions:

“we/us/our” means Metropolis International (UK) Ltd
“Website” means the Website;
“you”/”your” means the user of the Website.

    1. Content

      In consideration of our agreeing to permit you to use the Website to search our database of products, you agree that you will only use, reproduce and print materials comprising the results of such searches for your own personal, non-commercial purposes. In particular, you must not use the contact details provided by private advertisers of products to contact such advertisers other than in connection with a genuine enquiry relating to the purchase by you of the product or service in question.

      The pages contained in the Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.

      The information contained in the material in the Website is only for information purposes. The material on the Website does not constitute advice and you should not rely on any material on the Website to make (or refrain from making) any decision or take (or refrain from taking) any action.

      The Website contains material submitted and created by private and trade dealers and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material.

      We give no warranties, conditions, guarantees or representations, express or implied, as to:

      (a) the completeness or accuracy of the advice and information contained on the Website or any website to which it is linked;

      (b) the content of the advertisements for products included in our database, including but not limited to the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any such products;

      (c) the completeness of the results of any search of our database or that the products selected by the search are the only products on our database which might meet the searcher’s requirements.

    2. Copyright and trade marks

      All rights, including copyright, in the content of these web pages and in the photographs of any products displayed on the Website from time to time and all database rights in our database of products, are owned or controlled for these purposes by us.

      All trade marks, names, and logos are the proprietary marks of us or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any license or right under any trade marks, names or logos.

      Except as expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Website. In particular, you must not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website nor incorporate it into another website without our express written permission.

    3. Liability

      We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum we cannot guarantee that the Website will be continuously available on-line. We therefore provide the Website on an “as is” and “as available” basis.

      We make no warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.

      We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.

      We shall not be liable for any damages, including without limitation, direct, indirect or consequential damages, howsoever arising out of your use of the Website or in respect of any of your actions or omissions taken in reliance on any of the advice or information contained on the Website or any website to which the Website is linked.

      Nothing in these terms and conditions limits our liability for death or personal injury resulting from our negligence.

    4. Links to non Metropolis sites

      The Website contains hypertext links to websites that are not operated by us or by our associated companies. We do not control such websites and are not responsible for their content. Our inclusion of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners.

    5. Links to the Website

      You may establish a hypertext link to the home page of the Website, but not otherwise, without the need for our written consent, provided there is thereby no implied endorsement or sponsorship of you, your company or your website by us.

    6. Registration details

      To gain access to certain services on the Website you will need to register (free of charge). As part of the registration process, you will be given a username and password. You agree that the information supplied with your registration will be truthful, accurate and complete. You also agree that you will not attempt to register in the name of any other individual nor will you adopt any username with we deem to be offensive. All personal information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy.

    7. General

      We reserve the right to assign or subcontract any or all of our rights and obligations under these terms and conditions to a third party. If we exercise this right, we shall name the assignee or subcontractor on the Website and you will be entitled to terminate the account within 7 working days. You may not without our prior written consent assign or dispose of any rights or obligations arising under these terms and conditions.

      These terms and conditions of access together with our privacy policy contain the entire agreement and understanding between the parties relating to the Website, and supersede any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either party. We exclude all representations and warranties relating to access to use of the Website, whether they are statutory or otherwise, as far as is possible by law.

      If any of these terms and conditions shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.

      These terms and conditions shall be governed by and in accordance with English law and subject to the exclusive jurisdiction of the English Courts.

      If you do not agree to obey these terms and conditions you must stop using the Website immediately.

    8. Correspondence

      All correspondence relating to the Website should be sent to:

      The National Plant Hire Guide
      Suite 4B
      Churchgate House
      Churchgate
      Bolton
      BL1 1HL

info@planthireguide.co.uk

 0203 7610270