All advertisements are accepted subject to the standard conditions of insertion set out below.
1. In these conditions, (1) “the Publisher’’ means: a) As regards traditional printed paper media, (wherever in the world so printed) the publisher of bc magazine (including any supplement or magazine for which a charge or no charge is made to its recipients and which is published, whether regularly or occasionally as part of, or in association with the magazine) in or with which the advertisement is to appear or has appeared; b) As regards material published in or by means of any other media (eg. cable, satellite or internet) the publisher of the world wide web site with the domain name of bcmagazine.net, or such other domain name(s) as it shall utilise from time to time on which or with which the advertisement is to appear or has appeared. (2) “the Buyer’’ means the person placing the order with the Publisher for the insertion of the advertisement, whether such person be the advertiser of the product or service promoted thereby or making the announcement therein (“the Advertiser”) or the Advertiser’s advertising agency or media buyer; (3) the “rate card’’ means the Publisher’s rate card in effect for the time being and may include, among other matters, its scale of advertisement rates, technical specifications, copy and cancellation deadlines and setting styles, and standard conditions; and (4) an “advertisement’’ means matter to be printed on the page, separately inserted or reproduced as a copied cutting or delivered from the appropriate website.
2. The Buyer warrants that: (a) in relation to an advertisement the Buyer contracts with the Publisher as a principal not withstanding that the Buyer may be acting directly or indirectly for the Advertiser as an advertising agent or media buyer or in some other representative capacity; (b) the reproduction and/or publication of the advertisement by the Publisher as originally submitted or as amended pursuant to condition 3 will not breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or render the Publisher liable to any proceedings whatsoever; (c) any information supplied in connection with the advertisement is accurate, complete, true and permits the reproduction of the advertisement as a copied cutting; (d) in respect of any advertisement submitted for publication which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the Buyer or the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy; (e) in relation to any investment advertisement, the Advertiser is, or its contents have been approved by the relevant Hong Kong authorities; (f) the Publisher shall be entitled to publish and republish and permit the reproduction of the advertisement anywhere in the universe both in the newspapers referred to in condition 1(1) and in any other magazine or other medium irrespective of the means of the magazine’s production or delivery and whether by or on art-paper or any other medium; (g) the advertisement complies with the requirements of Hong Kong law (h) all advertising copy submitted to the Publisher is legal, decent, honest and truthful and complies with any relevant Hong Kong codes of advertising.
3. The Publisher may, without derogation from the warranties contained in condition 2, refuse or require to be amended any artwork, materials and copy for or relating to an advertisement so as (i) to comply with the legal or moral obligations placed on the Publisher or the Buyer or the Advertiser; or (ii) to avoid infringing a third party’s rights, or (iii) to comply with any relevant Hong Kong codes of Hong Kong advertising practice or (iv) to comply with the production and quality specifications stipulated or referred to in the rate card.
4. The Publisher has the right at its discretion to decline to publish, or to omit, suspend or change the position of, any advertisement otherwise accepted for insertion. However, the Publisher will use reasonable efforts to comply with the wishes of the Buyer although it does not warrant the date of insertion, the wording, or the quality of the colour or mono reproduction of the advertisement.
5. The Publisher cannot guarantee (a) that an advertisement including a coupon will not back on to another advertisement including a coupon, (b) that an advertisement will not appear in the same issue as another advertisement for a similar or the same product, or (c) that magazine inserts will not appear in the same issue as another insert for a similar or the same product. No refunds will be given in such instances.
6. The Publisher will not be liable for any loss of copy, artwork, photographs or other materials, which the Buyer warrants that it has retained in sufficient quality and quantity for whatever purpose.
7. Where the Buyer is the Advertiser’s advertising agency, the Buyer warrants that it is authorised by the Advertiser to place the advertisement with the Publisher and the Buyer will indemnify the Publisher against any claim made by the Advertiser against the Publisher arising from the publication thereof.
8. The Publisher shall have the right to change its scale of advertisement rates, technical specification, magazine specification and/or mechanical details at any time and shall be entitled to vary or apply differing rates, specification or details commensurate with the format of the newspaper. Save as provided for herein the contract which incorporates these terms and conditions does not create any right enforceable by any person not a party to it.
9. Cancellations will be accepted from the Buyer if received in writing by the Publisher at its head office before the time specified by the Publisher from time to time as the Booking Deadline in accordance with the Rate Card. Cancellation of a frequency contract negates all frequency discounts in any previous Advertisements. All previous insertions under the contract will be reinvoiced at the relevant single issue rate. These revised invoices and all outstanding invoices must be paid in full before any cancellation is approved. The Publisher shall not be bound by a cancellation order unless it meets the requirements specified in these Terms and Conditions, and any such instruction otherwise than prior to the deadline therefore shall not (even though it be followed by the Publisher) affect the Buyer’s liability for payment for the advertisement. The Publisher may treat as a cancellation the fact that the Buyer is deemed unable to pay its debts within the meaning of section 178 Hong Kong Companies Ordinance or is otherwise in breach of any of these conditions.
10. In the absence of any other specific arrangement between the Publisher and the Buyer, payment in respect of the advertisement (including any associated production, late copy and box number charges) is due in advance of publication. Except where the Publisher has agreed in writing to allow credit to the Buyer, in which case the due time for payment shall be no later than 3pm (i) on the last working day of the month following that in which the advertisement appeared (so that, for example, payment for advertisements published during June 2015 would be due by 3pm on Wednesday 31 July 2015) or, (ii) in any other case, on the seventh day following the date of the publishers invoice issued on or after the date on which the advertisement appeared. Full details of each remittance are to be supplied to the Publisher by the due time. Payment shall mean the receipt by the Publisher at its principal place of business (or elsewhere as it may direct) of cash or a cheque or at its bank of moneys transferred electronically. The Publisher reserves to itself a right to recharge the Buyer any charges it incurs resulting from the Buyers chosen method of payment.
11. Although the Publisher makes every effort to render invoices in the ordinary course, payment for the advertisement shall be made as aforesaid whether or not the Buyer shall have (i) received the Publisher’s invoice or (ii) provided the Publisher with an order number at the time the advertisement was booked.
12. There is no obligation on the Publisher to supply voucher copies or tearsheets and their absence shall not affect the Buyer’s liability for the agreed charge.
13. The Buyer agrees to pay to the Publisher in respect of each advertisement for which payment is not made by the due time (a) the sum of HK$2500 as an administration charge and (b) interest on the amount paid late at the rate of 4% above the base rate of HSBC plc accruing from day to day (including the day on which payment was due) both before and after judgement. Any such additional charge is payable within seven days following delivery of the Publisher’s invoice particularising it.
14. It is the responsibility of the Buyer to check the correctness of the advertisement (and of each insertion of the advertisement if more than one). Without prejudice to condition 7, the Publisher assumes no responsibility for the repetition of an error in an advertisement ordered for more than one insertion unless notified immediately the error occurs. Any other matter of complaint, claim or query (whether in relation to the advertisement or the invoice) must be raised with the Publisher in writing within seven days following (as the case may be) insertion of the advertisement or of the date on which it is claimed the advertisement should have appeared or of the receipt by the Buyer of the invoice giving rise to it. Without prejudice to the Publisher’s entitlement to be paid for the advertisement as published a sum representing a reasonable proportion of the charge agreed at the time the advertisement was booked, the Publisher’s liability is limited to a maximum at its option of giving a credit for its charge for the advertisement or (in an appropriate instance) of publishing the advertisement for a second time without charge. Such complaint, claim or query shall not affect the liability of the Buyer for payment by the due time of the Publisher’s charges for that and all other advertisements. Once any dispute in respect of any advertisement has been resolved, payment (defined as in condition 9) for that advertisement will, if the original due date has then already passed, be due within three working days.
15. The Buyer will indemnify the Publisher and agrees to keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or reasonably foreseeable as a result of any breach or non-performance of any of the representations, warranties or other terms herein contained or implied by law.
16. No waiver or indulgence by the Publisher shall be effective save in relation to the matter in respect of which it was specifically given.
17. These conditions shall apply to each contract for the insertion of an advertisement together with such additional relevant conditions as are set out elsewhere in the Publisher’s rate card and in the event of any variations or inconsistency between these conditions and such other conditions, these conditions shall prevail.
18. For your protection calls to and from the Publisher may be recorded.
19. The contract which incorporates these conditions shall be construed under and governed by the laws of Hong Kong and the parties hereto hereby immediately agree that the courts of Hong Kong shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or in relation to this contract or breach thereof.
20. As part of its normal business procedure the Publisher reserves the right to make searches and/or other enquiries about the Buyer using the services of credit reference agencies. The Buyer hereby acknowledges that such enquiries may be made and that agencies may well keep copies of the searches which will be shared with other businesses.
21. The placing of an order for the insertion of an advertisement shall amount to an acceptance of these conditions and any conditions stipulated on an order form or elsewhere by the Buyer shall be void insofar as they are inconsistent with these conditions.
22. In the case of any advertisement placed by an advertising agency and/or the media buyer, the Advertiser, the Advertiser’s advertising agency, and/or the Advertiser’s media buyer shall as applicable each be a party to the contract in respect of the insertion of such advertisement and shall be jointly and severally liable to the Publisher in respect of all matters arising under the contract. The Advertiser’s advertising agency and/or the Advertiser’s media buyer 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.
23. All cheques, money-orders, etc should be made payable to Carpe Diem Publications Ltd.
Carpe Diem Publications Ltd, its group of companies and will use the information you provide when inserting an advertisement to contact you via mail or telephone, about special advertising rates and features that we may offer from time to time. Please contact Carpe Diem Publications Ltd or email firstname.lastname@example.org with any queries.