The following Advertising Terms and Conditions constitute the entire agreement between the parties and supersede any previous agreements, warranties, representations, undertakings or understanding between the parties and may not be varied except in writing.
1. In these Conditions “Advertiser” shall mean advertising agency where an advertising agency is used and in any other case it shall mean the person, firm or company and/or its agent placing the order for an insertion of an advertisement, inserts, sponsorship (or advertorial), email campaign or online activity; and where an advertising agency is used the relationship between Wildfire Comms and the agency is that the order is and shall be treated as issued by the advertising agency as a principal and there shall be no contract between the agency’s client and Wildfire Comms, nor shall the agency’s client be able to claim upon the contract of the agency with Wildfire Comms.
2. Advertisements are accepted subject to copy and illustrations being in accordance with the standards of Wildfire Comms and subject to space being available and subject to the status of the Advertiser itself. Wildfire Comms reserves the right to refuse an advertisement.
3. Any bookings made verbally by the Advertiser shall be conditional upon and subject to acceptance by Wildfire Comms’ pursuant to this.
4. The placing of an order for an insertion of an advertisement in any Wildfire Comms publications (print & digital) will be accepted by written or email confirmation.
5. Wildfire Comms has at its absolute discretion the right to omit, suspend or change the position of any advertisement accepted for insertion and the right to make any alteration it considers necessary or desirable in an advertisement or to require copy to be amended to meet its approval.
6. Wildfire Comms will not be liable for any loss or damage direct to consequential, occasioned by error in the insertion of or omission to insert any advertisement or for late publication of an advertisement or failure to perform any other obligation whether occasioned by negligence or otherwise save in cases occasioned by the direct act of Wildfire Comms in which case compensation may be negotiated up to a maximum of the cost of the space booked and paid for by the Advertiser.
7. All orders are accepted at the Advertiser’s risk. Wildfire Comms will not accept any responsibility for loss of circulation or ineffectiveness of any issue owing to circumstances beyond its direct control.
8. Advertisement rates are subject to increase at any time. Advertisers will be notified and will have the option to cancel without surcharge or continue at the revised rates.
9. Wildfire Comms will not be bound by notice of cancelled orders, or transfers of advertisements received less than twelve weeks before publication date.
10. Any cancellations will be subject to the following penalties:-
– Cancellations received up to 8 weeks prior to copy deadline will be subject to a cancellation fee of 15% of the advertisement value
– Cancellations received up to 4 weeks prior to copy deadline will be subject to a cancellation fee of 25% of the advertisement value.
– Any advertisements cancelled up to 2 weeks prior to copy deadline will be subject to a cancellation fee of 75% of the advertisement value.
– Any advertisements cancelled less than 5 days prior to copy deadline will be subject to a cancellation fee of 100% of advertisement value.
11. If an Advertiser cancels the balance of a contract, he relinquishes any right to any series discount to which he was previously entitled and those advertisements which do not appear will be charged for at the appropriate rate. The Advertiser will be charged for the balance between any discount and the full rate for any advertisements that have run prior to the contract being cancelled.
12. Where the Advertiser has undertaken to supply material for advertisement/insert and such material has been accepted by Wildfire Comms, we reserve the right to charge the full rate agreed for the advertisement/insert if such material fails to arrive at the agreed time, place or in suitable condition for insertion and in the case of advertisements to repeat the most appropriate copy.
Copy must be supplied without application from Wildfire Comms.
13. Wildfire Comms will not be liable for any damage or loss of any material supplied for the purposes of an advertisement caused by negligence or otherwise.
14. Any matter of complaint arising out of the publication of an advertisement must be raised in writing with Wildfire Comms within four weeks of publication.
15. Where Wildfire Comms provides Reader Enquiry Service for the benefit of its readers, Wildfire will be happy to pass such enquiries (and information) on to the Advertiser.
16. The Advertiser shall indemnify Wildfire Comms against claim, cost, loss, damage, and/or expense which Wildfire Comms may incur as a direct or indirect consequence of the advertisement in accordance with the copy instructions supplied by the Advertiser. In any case where a claim is made against Wildfire Comms and where an Advertiser may ultimately be liable under the terms here of notice in writing shall be given to the Advertiser in order that consultation shall take place before any expense is incurred or the claim settled, defended or otherwise disposed of to the Advertiser’s detriment.
17. Unless payment is to be made in advance, accounts shall be paid not later than thirty (30) days from the invoice date. The existence of a query on any individual items in an account shall not affect the due date of payment of the balance of account.
18. Wildfire Comms reserves the right to charge interest on any monies due which shall be in arrears and unpaid.
19. Payments that are to be made in advance must be received by Wildfire Comms two weeks before copy deadline for the issue in question.
20. Charges will be made to the Advertiser where the printers are involved in extra production work owing to acts or defaults of the Advertiser. These charges will be at rates agreed prior to publication.
21. The placing of an order for the insertion of an advertisement in any
Wildfire Comms publication shall constitute:
(a) an undertaking by the Advertiser to Wildfire Comms that any advertisement / insert (i) complies (if relevant) with the Trade Descriptions Acts 1968 and 1972 (including any statutory re-enactment or modification thereof ), the Financial Services Act 1986 and for any other relevant legislation; (ii) does not contain material that is illegal or defamatory or an infringement of any other parties rights; (iii) is legal, decent, honest and truthful so as to comply with the British Code of Advertising Practice (for the time being in force) and other codes under the general supervision of the Advertising Agency Standards Authority.
(b) an acceptance of any conditions stipulated on an order form or elsewhere by an Advertiser shall be void in so far as they conflict with the above conditions.
22. All intellectual property rights in any copy, artwork, photographs, and other materials which Wildfire Comms or its employees, contractors, agents, or associated companies have created or altered shall vest in Wildfire Comms. To the extent that any intellectual property rights are not automatically vested in Wildfire Comms, the Advertiser assigns to Wildfire Comms all such rights in any copy, artwork, photographs and other materials comprised in any Advertisement including without limitation, copyright in photographs previously submitted to Wildfire Comms and submitted in future, whether or not such photographers are in existence at the date of the Order.
23. No variation of these terms and conditions shall be binding unless agreed in writing and signed by a director of Wildfire Comms.
24. No waiver or indulgence by Wildfire Comms shall be effective save in relation to the matter in respect of which it was specifically given.
25. If one or more of these terms and conditions are found by any competent authority to be invalid, unlawful or otherwise unenforceable then such terms and conditions shall be severed from the remaining conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.
26. Nothing in these Terms and Conditions shall confer any rights or benefits pursuant to the Contracts (Rights of Third Parties) Act 1999 to any person who is not a party to it.
27. The Agreement, which incorporates these terms and conditions, shall be governed by and construed in accordance with English law and the parties hereby irrevocably submit to the exclusive jurisdiction of the English courts.