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
3. Contract Amendments, Changes and
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
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
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
4.3 In relation to a limited company, the Directors personally
stand as guarantor to any sums outstanding in the event of company
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
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
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.
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.
10.1 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
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
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.
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.