The Following Terms and Conditions apply to Ocean Media Group and all associated group companies (including but not limited to),
1) Ocean Media Group Ltd.
2) Ocean Media Exhibitions Ltd.
3) Ocean Media Events Ltd.
4) Venue and Events Ltd.
Ocean Media Group
Magazine Advertising - Standard Terms and Conditions of Acceptance of Advertisements
1. These conditions shall apply to all Advertisements, insets, inserts, sponsored articles or features (‘Advertisements’) accepted for inclusion in hard copy editions of publications published by Ocean Media Group Limited (‘Ocean Media’) under licence from its licensors. Any other proposed condition shall be void unless agreed by by Ocean Media in writing. These terms and conditions are not applicable to the sale of Advertisements accepted for inclusion in digital or other electronic editions of Ocean Media’s publications.
2. The Advertiser is the person, company, partnership or other organisation placing the Advertisement with Ocean Media. In the event of the Advertisement being placed by an agent, the agent will be the Advertiser unless agreed in writing between Ocean Media and the agent’s client.
3. All Advertisements are accepted subject to Ocean Media’s approval of the copy and to the space being available.
4. If it is intended to include in an Advertisement a competition or a special of merchandise, other than that normally associated with the advertised product, full details must be submitted at the time of booking.
5. Ocean Media reserves the right to omit or suspend an Advertisement at its absolute discretion, in which case no claim on the part of any Advertiser for damage or breach of contract shall arise. Should such omission or suspension be due to the act or default of the Advertiser or his servants or agents then the space reserved for the Advertisement shall be paid in full notwithstanding that the Advertisement has not appeared. Such omission or suspension shall be notified to the Advertiser as soon as possible.
6. If Ocean Media considers it necessary to modify the space or alter the date or position of insertion or make any other alteration, the Advertiser will have the right to cancel if the alterations requested are unacceptable, provided such cancellation is notified in writing to Ocean Media prior to printing, unless such changes are due to an emergency or circumstances beyond Ocean Media’s control. Every care is taken to avoid mistakes, but Ocean Media cannot accept liability from any loss or damages arising from the late appearance or non-publication of any Advertisement.
7. Excluding payment obligations, neither party will be liable for delay or default in the performance of its obligations under this Agreement if such delay or default is caused by conditions beyond its reasonable control, including but not limited to, fire, flood, accident, earthquakes, telecommunications line failures, electrical outages, network failures, acts of God, spread of communicable disease or labour disputes. In the event that Ocean Media suffers such a delay or default, Ocean Media, at its own discretion shall use its reasonable endeavours within five business days to recommend a substitute transmission for the Advertisement or time period for the transmission. If no such substitute time period or other arrangement is reasonably acceptable to the Advertiser, Ocean Media shall allow the Advertiser a pro rata reduction in the payment due pursuant to the relevant performance obligation
8. The Advertiser warrants that the Advertisement is not illegal, defamatory, an infringement of any other party’s rights or an infringement of the British Code of Advertising Practice. Country of origin (other than the United Kingdom) of goods advertised must be shown in Advertisements to the extent necessary to comply with applicable legal and/or regulatory requirements.
9. Ocean Media will not be liable for any damages or costs for which the Advertiser may incur in respect of its infringement of third party copyrights in connection with any Advertisement and hereby indemnifies and holds Ocean Media harmless against any such costs or damages. The Advertiser is responsible for ensuring that the use of any material (whether artwork, exhibits, promotional, visual or audio) if protected by copyright has been properly approved and any royalties due are paid.
10. Advertisement rates are subject to revision at any time and orders are accepted on condition that the price binds Ocean Media only in respect of the next issue to go to press. In the event of a rate increase, the Advertiser will have the option to cancel the order without surcharge or continue the order at the revised Advertisement rates.
11. If the Advertiser cancels the balance of an agreed programme of Advertisements, except in the circumstances set out in clauses 5 or 9 above, it relinquishes any right to a pre-agreed series discount to which it was previously entitled and Advertisements forming part of such programme (both those published and those not yet published) will be paid for at the appropriate rate set out in the rate card from time to time.
12. Advertiser is entitled to a 7 day ’cooling off’ period. Should they wish to cancel within this period a 100% credit will be issued. There is no cooling off period if booked within 45 days of press date.
13. If cancellation occurs outside of the 7 day cooling off period Ocean Media reserves the right to charge cancellation charges equal to the 100% of contract amount.
14. If part-cancellation is requested of a series booking, any series or volume discount will be removed, and the remaining balance would be charged at the original rate.
15. Any bookings for print publication made more than 45 days before press date will be invoiced 30% of the total booking value to secure the print booking in the form of a non-refundable deposit; the remaining 70% of the booking total is then invoiced 45 days prior to press date.
16. Any bookings made less than 45 days before press date receive full 100% invoice.
17. All invoices must be paid in full by 30 days prior to press date. Invoices issued within the 30 days of the press date are due immediately. If the Advertiser is in default of payment by the due date Ocean Media, shall without prejudice to its other rights, be entitled to refuse to transmit the Advertising Copy and Ocean Media’s obligations generally will be reduced pro-rata to the delay in payment including, without limitation , the number of guaranteed impressions or plays obliged to be transmitted / displayed, without affecting the Advertiser’s financial responsibility for all impressions and plays ordered and inventory reserved.
18. VAT (Value Added Tax) at the prevailing rate in the UK will be charged where applicable. A breakdown of any VAT charged will be shown on the paper VAT invoice or on your digital receipt.
19. Ocean Media will suspend/postpone/cancel print activity if full payment is not received 30 days prior to press date.
20. If artwork and/or advertising content is not received and approved in the timeframe set by Ocean Medi at its absolute discretion, Ocean Media reserves the right to suspend the activity and is not obliged to offer postponement or refund. In these circumstances Ocean Media reserves the right to use substitute copy at their discretion.
21. Ocean Media at its discretion will allow 15% commission on gross total for any PPA registered agencies.
22. At its discretion, Ocean Media will work with PPA registered agencies on agreed billing based on campaign KPI delivery, subject to the principle that no branded activity can be published without a reasonable payment allocated to it.
23. Discounted rates negotiated in respect of a series of Advertisements apply only if the order is completed within 12 months of the date of the first insertion. Failure to comply will require all Advertisements forming part of the series to be charged at the appropriate rates set out in the rate card from time to time.
24. Accounts are due for settlement at the earlier of 30 days of the date of invoice or 30 days prior to press date. In the event of any account becoming overdue, Ocean Media reserves the right both to suspend insertions due under order or until such time as the sum owing is paid and to reduce any commission otherwise allowed to advertising agencies. Interest is chargeable on overdue accounts at the maximum rate permitted by applicable law. All gross display advertising rates are subject to the current Advertising Standards Board of Finance surcharge payable by the Advertisers. Where orders are placed by Advertising Agents the Agency will be responsible for collecting this surcharge and paying to the Advertising Standards Board of Finance (‘the Board’). Where the Advertiser places advertising directly, Ocean Media will invoice the relevant surcharge and distribute this to the Board without deduction.
25. Ocean Media reserves the right to recover all additional costs incurred that arise as a result of the acts or defaults of the Advertiser or its Agent. Complaints regarding publication of Advertisements must be received by Ocean Media in writing within one calendar month of the cover date.
26. Notice in writing no less than 60 days prior to press date is required to stop, cancel, or suspend an insertion. After this date the Advertiser will be liable to pay the full rate for the insertion.
27. If copy instructions are not received by agreed copy date no guarantee can be given that proofs will be supplied nor corrections made and Ocean Media reserves the right to repeat the most appropriate copy.
28. Advertiser’s property, artwork, etc are held at the Advertiser’s risk. Advertiser’s artwork, photographs, and related matters will be returned on request by Ocean Media and should be insured against loss or damage from whatever cause. Ocean Media reserves the right to destroy all artwork which has been in its custody for twelve months from the date of its last appearance.
29. For the purpose of these conditions, Advertiser shall refer to the Advertiser or its Agent whichever is the principal. ‘Advertisement’ includes loose or other inset where appropriate.
30. To the extent permitted by law, the Advertiser agrees to hold harmless, indemnify and defend Ocean Media from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by Ocean Media directly or indirectly by reason of any act or omission that the Advertiser commits in breach of these terms and conditions and the obligations and warranties contained in them.
31. Should an Advertiser being an individual or firm become bankrupt, have a receiving order made against him or them or make any arrangements with his or their creditors or, being a limited liability company, go into liquidation (other than voluntary liquidation for the purpose of amalgamation or reconstruction) or have a Receiver appointed, Ocean Media may, at its discretion, cancel all future Advertisements and all fees paid shall be fortified and the balance of all outstanding fees shall become due and payable forthwith. The exercise of Ocean Media’s rights under this clause shall be without prejudice to any claim the Ocean Media may have against the Advertiser in respect of any antecedent breach of these terms and conditions.
32. Each party warrants that it will comply with the terms of applicable data protection laws (including, without limitation, the General Data Protection Regulation).
33. Each party shall comply with the requirements of the Bribery Act 2010.
34. The Advertiser shall ensure that it will not by any act or omission commit, or cause, facilitate or contribute to the commission by any person, including Ocean Media, of a Corporate Failure to Prevent Offence (as defined in sections 45-46 Criminal Finances Act 2017) or of a UK Tax Evasion Offence or Foreign Tax Evasion Offence (as defined in Part 3 of the Criminal Finances act 2017. The Advertiser shall inform Ocean Media immediately it becomes aware of any allegation, investigation, evidence or report relating to a breach or possible breach of the foregoing offences.
35. These Conditions shall be governed and construed in accordance with the laws of England and Wales. Any dispute concerning these Conditions (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the English courts.
36. These Terms and Conditions were last updated on 10 September 2020.