TAIR SIR MAGAZINE
Advertising Booking Terms & Conditions
Berrington Media Ltd, trading as Tair Sir Magazine
These terms apply to advertising bookings in Tair Sir East, Tair Sir West, Llanelli Carmarthen Matters and Llanelli Gower Swansea Matters, unless otherwise agreed in writing.
1. Advertising Bookings and Confirmation
1.1. All advertising bookings are subject to acceptance by Berrington Media Ltd (referred to below as “the Publisher”).
1.2. A booking becomes binding when the advertiser or their authorised representative agrees to the advertising details and the Publisher confirms acceptance in writing, including by email.
1.3. Booking confirmations will identify the relevant publication, edition or editions, advertising size, agreed rate and any specially requested placement.
1.4. By confirming a booking, the advertiser agrees to these terms and conditions, provided they have been made available before the booking is concluded.
1.5. The Publisher reserves the right to refuse advertisements that are unlawful, misleading, offensive, unsuitable for the publication or otherwise inconsistent with its editorial and advertising standards.
1.6. Unless expressly agreed in writing, bookings do not provide exclusivity within any business category or geographical area.
2. Advertising Rates and Discounts
2.1. Advertising is charged at the rate agreed and stated in the booking confirmation.
2.2. Discounted rates for six or twelve insertions are offered in consideration of the advertiser's commitment to the agreed number of insertions.
2.3. Insertions may be spread across different publications where this has been expressly agreed and confirmed in writing.
2.4. Discounted rates apply only to the agreed booking and cannot automatically be transferred to a shorter booking, renewal or different advertising arrangement.
2.5. Where an advertiser requests early termination of a discounted booking, the Publisher may recalculate the rate for advertisements already published using the rate applicable to the number of insertions actually completed. Any adjustment will be limited to the discount previously received and will not apply where termination results from the Publisher's breach.
2.6. All previously confirmed bookings will be honoured at their agreed rates. Revised advertising rates apply only to new bookings or renewals unless otherwise agreed.
3. Payment Terms
3.1. Unless otherwise agreed in writing, full payment for each booked insertion must be received before the relevant magazine goes to print.
3.2. The normal payment deadline is the 12th day of the month preceding the first month of the advertised edition, unless a different date is stated in the booking confirmation or invoice.
3.3. Bookings accepted after the normal payment deadline require payment immediately upon confirmation, unless otherwise agreed.
3.4. For multiple-insertion bookings, invoices may be issued separately for each edition in accordance with the agreed payment schedule. A long-term booking does not automatically require the entire booking value to be paid in advance.
3.5. Payment may be made by bank transfer, direct debit, standing order or credit/debit card, where available.
3.6. The Publisher reserves the right to withhold an advertisement from publication if cleared payment has not been received by the agreed deadline.
3.7. Failure to make payment does not, in itself, cancel a confirmed booking or extinguish any payment or other contractual obligation arising from it.
3.8. Where payments remain overdue, the Publisher may suspend future advertising insertions until the account is brought up to date.
3.9. For qualifying business-to-business debts, the Publisher reserves the right to claim statutory late-payment interest and permitted recovery costs in accordance with applicable law.
4. Artwork Submission and Deadlines
4.1. Advertisers are responsible for supplying suitable advertising artwork by the agreed copy deadline.
4.2. Artwork should normally be provided as a print-ready, high-resolution PDF or JPG file, with images at a minimum recommended resolution of 300 dpi. CMYK colour is preferred.
4.3. Artwork must comply with the published dimensions and any applicable bleed and safe-area requirements.
4.4. The Publisher may resize or make minor technical adjustments to supplied artwork to fit the booked space but is not obliged to correct unsuitable or incomplete files.
4.5. Advertisers supplying their own print-ready artwork will not normally receive a further proof unless expressly requested and agreed before the deadline.
4.6. The advertiser is responsible for checking all wording, telephone numbers, addresses, website details, prices, claims and other content.
4.7. Any requested changes must be supplied or approved before the relevant artwork deadline. Changes submitted after this deadline cannot be guaranteed.
5. Failure to Supply Artwork
5.1. Failure to supply artwork by the agreed deadline does not automatically constitute cancellation of a confirmed advertising booking.
5.2. Where artwork is not received on time, the Publisher will make reasonable efforts to contact the advertiser, where practicable, before final production.
5.3. If suitable artwork is not received by the final production deadline, the Publisher may omit the advertisement from that edition.
5.4. Where an advertisement cannot be published because the advertiser has failed to provide the required artwork or approvals, the Publisher reserves the right to recover any contractual sums properly due and/or its reasonable losses resulting from that failure, subject to applicable law.
5.5. Such losses may include committed production or design costs and the value of advertising space that the Publisher has reasonably been unable to resell, taking account of any costs saved or replacement booking secured. Any amount claimed for an unpublished insertion will not exceed its agreed booking fee.
5.6. The Publisher may use previously approved artwork for a subsequent insertion only where the advertiser has authorised its reuse. Otherwise, a failure to provide new artwork will be dealt with under this section.
6. Cancellation and Amendments
6.1. Requests to cancel, postpone or alter an advertising booking must be submitted in writing.
6.2. The cancellation deadline will be specified in the booking confirmation. Unless otherwise stated, the cancellation deadline is 14 calendar days before the relevant artwork submission deadline.
6.3. Cancellations received before the cancellation deadline will normally be accepted without a cancellation charge, except for any separately agreed, non-refundable bespoke work already completed.
6.4. Where an advertiser cancels after the cancellation deadline, the Publisher may recover its reasonable losses arising from the cancellation, including non-recoverable costs and advertising space that could not reasonably be resold. Any amount claimed for the cancelled insertion will not exceed its agreed booking fee.
6.5. The Publisher will take reasonable steps to minimise its losses, including attempting to reallocate the advertising space where practicable.
6.6. Requests to move an advertisement to a later edition are subject to availability and written agreement. A postponement is not effective until confirmed by the Publisher.
6.7. Cancellation of a discounted multiple-insertion booking may result in an adjustment to the discounted rate for insertions already published, as described in clause 2.5.
6.8. No cancellation or amendment requested by the advertiser is effective merely because a message has been sent; the Publisher will confirm whether the request can be accepted.
7. Premium Advertising Positions
7.1. Premium positions include, where offered, front-page banners, back covers, inside covers, specially requested pages and paid advertising placements alongside designated editorial content.
7.2. Premium positions are subject to availability and must be agreed and confirmed in writing.
7.3. Payment for premium advertising positions must be received before printing, in accordance with the agreed booking and payment terms.
7.4. Where a specially reserved position is cancelled after the agreed cancellation deadline or cannot be used because the advertiser has failed to provide artwork or payment, the provisions regarding cancellation, non-supply and recovery of reasonable losses will apply.
7.5. The Publisher will endeavour to honour every confirmed premium placement. If a placement cannot be provided because of circumstances within the Publisher's control, the advertiser will be offered an appropriate alternative or a refund of the affected placement fee.
7.6. Premium placement does not imply editorial endorsement, exclusivity or a guaranteed response from readers.
8. Complimentary Artwork Design
8.1. Complimentary standard artwork design is offered where included in the advertising booking.
8.2. This service covers the preparation of a standard advertisement using text, images and branding supplied by the advertiser.
8.3. The Publisher may agree additional charges in advance for extensive redesigns, complex artwork, repeated revisions or work outside the scope of standard advert preparation.
8.4. Where artwork is created by the Publisher, a proof will normally be supplied for checking and approval.
8.5. The advertiser must check the proof carefully and notify the Publisher of any errors or amendments before approval or the relevant deadline.
8.6. Copyright in original artwork created by the Publisher remains with the Publisher unless expressly assigned in writing. Payment of an advertising invoice does not automatically transfer copyright or ownership of editable design files.
8.7. Any agreed licence for the advertiser to reuse Publisher-created artwork outside the booked publication is subject to the relevant invoices being settled in full.
9. Advertising Content and Legal Responsibility
9.1. Advertisers are responsible for ensuring that their advertisements are accurate, lawful and comply with applicable advertising standards and regulations.
9.2. The advertiser must possess the necessary licences, permissions and rights to use all supplied text, images, photographs, logos, illustrations and other materials.
9.3. The advertiser confirms that any advertising claims are substantiated and that the advertised goods or services may lawfully be promoted.
9.4. Advertisers are solely responsible for the goods, services and contractual commitments they provide to their own customers. The Publisher does not endorse or guarantee an advertiser's products or services merely by publishing an advertisement.
9.5. The advertiser will be responsible for reasonable, properly evidenced losses or third-party claims arising from unlawful or infringing materials supplied by the advertiser, except to the extent caused by the Publisher's own actions or omissions.
9.6. The Publisher may decline to publish or may request amendments to advertisements that raise legal, regulatory or editorial concerns.
10. Editorial, Articles and Advertorials
10.1. Editorial contributions are accepted at the discretion of the Publisher.
10.2. The Publisher reserves the right to edit, shorten, decline or postpone editorial submissions for reasons of accuracy, suitability, available space or editorial presentation.
10.3. The purchase of advertising space does not automatically guarantee free editorial coverage, favourable editorial comment or publication of a particular article.
10.4. Any complimentary editorial offered as part of a booking is subject to the conditions agreed in writing and to the Publisher's editorial standards.
10.5. Paid promotional articles, advertorials and advertisement features will be identified as advertising where required by applicable advertising rules.
10.6. The Publisher does not guarantee that editorial appearing near an advertisement will generate any particular level of commercial response.
11. Printing, Publication and Distribution
11.1. The Publisher aims to produce and distribute magazines according to its published schedule. Publication and distribution dates are estimates unless expressly agreed otherwise.
11.2. Distribution takes place through selected door-to-door routes and established collection points. It does not cover every household, property or street within the advertised circulation area.
11.3. Printed quantities and distribution figures are stated in good faith and may vary reasonably between editions.
11.4. Availability at collection points depends partly on participating premises and is not guaranteed at every location throughout the edition's circulation period.
11.5. Reasonable variations in paper, print colour, trimming and reproduction may occur during printing. An exact match to colours displayed on a digital screen cannot be guaranteed.
11.6. The Publisher does not guarantee any particular level of enquiries, sales, appointments or other response arising from an advertisement.
11.7. Leaflet insertion and distribution services, where offered, may be subject to additional written specifications and booking conditions.
12. Errors and Liability
12.1. The advertiser is responsible for checking and approving advertising content supplied or prepared on its behalf.
12.2. The Publisher will not normally be responsible for errors contained in artwork supplied by the advertiser or for errors expressly approved by the advertiser, except where caused by the Publisher's subsequent changes.
12.3. Where a material publication error is caused by the Publisher, the Publisher will consider an appropriate remedy, which may include a correction, replacement insertion, proportionate credit or refund.
12.4. Subject to applicable law and the requirement of reasonableness, the Publisher's liability for a claim arising from a particular advertising insertion will generally be limited to the amount paid or payable for that affected insertion.
12.5. The Publisher will not be liable for indirect or consequential commercial losses, such as lost profits or anticipated business opportunities, to the extent that such liability may lawfully be excluded.
12.6. Nothing in these terms excludes or restricts liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any liability that cannot lawfully be excluded or restricted.
13. Circumstances Beyond Our Control
13.1. The Publisher will not be responsible for delays or failures caused by circumstances beyond its reasonable control, including serious printing or distribution disruption, fire, severe weather, industrial action, major equipment failure or interruptions to essential services.
13.2. Where such circumstances materially affect a booked insertion, the Publisher will seek an appropriate solution, which may include rearranging publication, offering alternative advertising space or refunding an amount paid for advertising that cannot be provided.
14. Advertising Agencies and Representatives
14.1. Advertising agencies and other representatives must identify whether they are booking in their own name or on behalf of a named advertiser.
14.2. The person or business identified as the contracting customer in the booking confirmation is responsible for payment and compliance with these terms.
14.3. An agency acting on behalf of an advertiser confirms that it has authority to place the booking and agree the applicable terms.
14.4. Any commission, agency discount or alternative payment arrangement must be agreed in writing before the booking is confirmed.
15. General Conditions
15.1. Any variation to these terms must be agreed in writing by the Publisher.
15.2. If any provision is found to be unenforceable, the remaining provisions will continue to apply so far as legally permissible.
15.3. Changes to these terms will apply to future bookings and will not alter an existing confirmed contract without agreement.
15.4. These terms are governed by the laws of England and Wales, and disputes will be subject to the jurisdiction of the courts of England and Wales, subject to any mandatory applicable law.
Berrington Media Ltd
Trading as Tair Sir Magazine
www.tairsirmagazine.co.uk
christin@tairsirmagazine.co.uk
01639 830757