V.8 effective from 01/04/2013  please visit the website for the latest issue of
T's & C's www.whatmodeareyouin.co.uk

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THESE WILL FORM THE BASIS OF THE 'CONTRACT' FOR ADVERTISING IN 'MODE Magazines Ltd' MAGAZINES AND ALL OTHER SERVICES. YOU SHOULD ONLY SIGN THE CONTRACT IF THE CONDITIONS ARE ACCEPTABLE TO YOU.

1. The Contract

The signed 'Contract' applies to the exclusion of all other written or verbal representations, statements or understandings. Any changes must be authorised in writing by a Director of 'MODE Magazines LTD'. "We" are 'MODE Magazines LTD', "You" are the Customer and "Contract" is the 'Service Booking Form'. An 'Email Confirmation' is taken as a replacement to the signature on a 'Service Booking Form'.

2. Commencement and Duration

2.1 A 'Contract' shall be created once you have signed the 'Service Booking Form' or an 'email confirmation as replacement to the signature' is received. This contract shall continue for the duration of the services or series of services booked.

2.2 The term of the Contract for MODE 101 Services will be for 1 year from the Effective Date and will on an ongoing and continuous basis be renewed for further terms of 1 year unless either party to this Agreement gives the other party written notice to the effect that this Agreement is to cease as at the next annual anniversary of the effective date.  Such notice must be given no later than 90 days prior to such date, failing which this Agreement shall be deemed to be renewed for a further period of one year as from such date under the same terms and conditions. 

2.3 We do not give or make any warranty, condition or undertaking as to the duration of the lifetime of any Publication or product.

3. Contract Amendments, Changes and Cancellations

3.1 You may at any time seek an Amendment to the 'Contract' provided written notice is received by us any time prior to the Final Amendment Date written on the 'Contract'.

3.2 An increase in order value will require a new 'Contract' to be created. A decrease in order value can be amended on the current 'Contract'.

3.3 Requests for a 'Contract' Amendment received after the Final Amendment Date written on the 'Contract' will be declined.

3.4 Requests for a 'Contract' Amendment shall be re-chargeable to you at the appropriate rates shown in our then current Rate Card and includes the entire 'Contract', this represents the correct pricing for the new series of services and shall be taken to be subject to these Conditions.

3.5 You may cancel at any time a 'Contract', if written notice is received by 'MODE Magazines LTD'  prior to the Final Amendment Date written on the 'Contract'.

3.6 Requests to cancel a 'Contract' received after the Final Amendment Date written on the 'Contract' will be declined.

3.7 If a 'Contract' is cancelled for any other reason other than in section 3.4, a 'Contract Buy-out' will be enforced where…

3.7a the number of advertisements on the 'Contract' already taken shall be re-chargeable to you at the appropriate rates shown in our then current Rate Card this represents the correct pricing for the shorter run of advertisements, a minimum of 4 issues will be charged, though any of the 4 issues not taken, will be discounted to 15% of the total price of each advertisement not taken and shall be subject to these Conditions.

3.7b all other services (except MODE101 membership) cancelled on the 'Contract' shall be chargeable at 15% this represents a small charge for work already undertaken and is at the discretion of the Directors.

3.7c MODE 101 membership cancelled on 'contract' shall be charged at the full amount remaining on the 'contract.'

3.8 You will be issued a 'Stop Reference Number' for cancellations by either email, telephone or letter.

4. Charges and Payment

4.1 Payment in full shall become due and payable from you immediately upon you signing the 'Contract'. If payment is subsequently agreed to be made in instalments and you fail to pay any instalment on its due date then we shall be entitled to demand immediate payment of the unpaid balance including all arrears and to cancel the contract. Late payment interest of 3% per annum above the base rate will be charged daily as well as an administration charge of £50.00 on the outstanding amount from the due date until the date of actual payment and MODE Magazines Ltd will be entitled to withhold supply of all services until such time as payment of the said sum (and any interest due) has been paid in full. 

4.2 If you fail to comply with any of the Conditions, court proceedings may be brought which may include enforcement through bailiffs, orders for sale of properties, bankruptcy or winding up.

4.3 In relation to a limited company, the Directors personally stand as guarantor to any sums outstanding in the event of company failure.

4.4 You agree that the Contract Amount may be increased by MODE Magazines Ltd to reflect changes to the Consumer Price Index, such increase (if any) to be notified by MODE Magazines Ltd to you in writing.

5. Artwork & Production

5.1 We retain and you agree that we own and retain at all times the Intellectual Property and Copyright in all Artwork in our products. We grant you a non exclusive and non transferable licence for publication in products published by us. You agree that you will not use the Artwork for any other purpose.

5.2 We will accept no liability for loss or damage of Artwork, Photographs or other materials provided to us by you for use in any of our products.

5.3 Proofs that may be issued by us pursuant to Condition 8 if printed are produced using different printing processes and on different paper stock from those processes and paper stocks used in the manufacture of our products. In the case of a colour Advertisement, you understand and agree that there will be some variation between the colour and shading shown in any proof and the version as printed in the publications. Similarly, there may occasionally be some colour and tonal variation between adjacent pages in the same product and this factor may adversely affect the appearance of a double page spread Advertisement. In the case of a double page spread Advertisement, we do not warrant the alignment of the two pages. In any event, we will not have any liability for any degraded definition, colour variation or alignment imperfections, no matter how they may occur.

6. Your Obligations/Content

6.1 Even though a Contract is in place between you and us, we may refuse to publish any Advertisement or other materials where we consider that the Content is contrary to or infringes the terms of any law or the right or privilege of any person or that it may mislead members of the public or that members of the public might find it offensive prejudicial or inflammatory or that it is likely to subject us to prosecution, criticism or embarrassment or for whatever reason we see fit.

6.2 We reserve the right to delete any Proprietary Material from an Advertisement or other materials where we have reasonable grounds to believe that the owner or controller of such Proprietary Material has withheld or withdrawn permission for your use of the same. In these circumstances, deletion shall not be deemed to be a breach of our obligations under the Contract.

6.3 We may provide a copy of your Advertisement, Artwork or other materials to the Advertising Standards Authority or any successor or similar competent body as we see fit or to our company solicitors to determine whether such Advertisement, Artwork or other materials is suitable (from a regulatory perspective) for publication in a product. You consent to such disclosure.

6.4 It is your responsibility to request any changes to your advert prior to each deadline of each publication. The latest deadline information is available by calling our Office on: 01302 515125

7. Limitation of Liability

7.1 Although every effort and care is taken to publish and / or produce advertisements or other materials correctly we do not accept any liability for any loss or damage caused by error, inaccuracy, omission or typographical errors in the publishing and / or production of an advertisement or other materials or for any failure to print an advertisement or other materials on the date specified in the 'Contract.'

7.2  Any failure by MODE Magazines Ltd to perform its obligations under this Agreement through circumstances of force majeure including but not limited to fire, explosion , accident, mechanical breakdown, interruption to the supply of materials, epidemic, industrial dispute or any other cause outside MODE Magazines Ltd's control will not constitute a breach of this Agreement by MODE Magazines Ltd.

7.3 MODE Magazines Ltd reserve the right to change the distribution of MODE Magazine if it believes the changes to be in the best interest of all customers. We may change the numbers or areas of distribution of MODE magazine at any time.

8. Proofing

We may provide you with a proof of all Advertisements and artwork prior to  publication. However, we do not guarantee that such proofs will be provided. Where time does not permit the issue of proofs the Advertisement will be published in accordance with the relevant Content details provided by you and such publication will be taken to satisfy our obligations.

9. Layout of Advertisement and publications

9.1 We do not guarantee the page or position on which any Advertisement will appear within a publication or within a Classification within a publication.

9.2 An Advertisement may, at our sole discretion, be published at the contracted price in a different style or size of typeface from that requested by you if the style or size of typeface specified does not conform with the typefaces used by us for the printing of the relevant publication.

10. Notices

10.1 Your address for service shall be the address shown as such on the Advertisement Order or an address notified to us by you as an address to which bills may be sent or your usual or last known place of abode or business or, if you are a limited company, your last known registered office.

10.2 Our address for service shall be 'MODE Magazines LTD' , The Marketing Suite, Woodfield Business Centre,   Carr Hill, Doncaster, DN4 8DE or such other address as may be notified to you.

11. General

11.1 Each provision of these Conditions shall be read separately and shall be severable from these Conditions. If any provision of these Conditions (or portion thereof) is invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of these Conditions will not be affected.

11.2 We reserve the right to change these conditions from time to time, any changes will be published to our website and will be immediately enforceable in relation to any past, current and future contracts.

11.3 All published rates and quotes exclude VAT at the UK rate current at the time of signing an advertisement order. VAT is payable on all sums payable.

11.4 Where an advertisement agency is involved our published rates will be net of agency commission.

12. Staffing

The Customer warrants, covenants and agrees that during the term of this Agreement and within 90 days after termination of the Agreement (for whatever reason), the Customer will not knowingly engage in business, employ or solicit the employment of any employees, franchisees, sub contractors or agents of MODE Magazines Ltd. Should you wish to employ one of MODE Magazines Ltd's employees directly within a period of 6 months of the termination of this agreement or during the period of the agreement the client agrees to pay the Sum of £1,000 net per employee as an Introduction fee to MODE Magazines Ltd.