V.5 effective from 11/01/2012 governs all active contracts regardless of date of signatory!

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 PRODUCTS. YOU SHOULD ONLY SIGN THE ADVERTISEMENT ORDER 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' and "You" are the Customer.

2. Commencement and Duration
2.1 A Contract shall be created once you have signed the Advertisement Order Form. This contract shall continue for the duration of the Advert or series of adverts.
2.2 We do not give or make any warranty, condition or undertaking as to the duration of the lifetime of any Publication or product.

3. Amendments, Order Changes and Cancellations
3.1 You may at any time seek an Amendment or an Order Change provided written notice is received by us any time prior to the Final Amendment Date written on the Advertisement Order.
3.2 Requests for an order change recieved after the Final Ammendment Date written on the Advertisement Order will be declined.
3.3 Requests for an Order Change shall be re-chargeable to you at the appropriate rates shown in our then current Rate Card this represents the correct pricing for the new run of advertisements and shall be taken to be subject to these Conditions.
3.4 You may cancel at any time an Advertisement or series of Advertisements, if written notice is received by 'MODE Magazines LTD' prior to the Final Amendment Date written on the Advertisement Order.
3.5 Requests to cancel an Advertisement or series of Advertisements recieved after the Final Ammendment Date written on the Advertisement Order will be declined.
3.6 If a Contract is cancelled for any other reason other than in section 3.4, the number of advertisements 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 and shall be taken to be subject to these Conditions.
3.7 We may change these Conditions from time to time. A change will be effective immediately upon publication of the modified Conditions.

4. Charges and Payment
4.1 Payment in full shall become due and payable from you immediately upon you signing the Advertisement Order. 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. We shall be entitled to charge you 20% late payment charge on overdue payments.
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.

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 publications.
5.3 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
5.3 Proofs that may be issued by us pursuant to Condition 8 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 any part thereof 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 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 or Artwork to the Advertising Standards Authority or any successor or similar competent body as we see fit, to determine whether such Advertisement or Artwork is suitable (from a regulatory perspective) for publication in a product. You consent to such disclosure.

7. Limitation of Liability
Although every effort and care is taken to publish advertisements correctly we do not accept any liability for any loss or damage caused by error, inaccuracy or omission in the publishing of an advertisement or for any failure to print an advertisement on the date specified in the Advertisement Order.

8. Proofing
We may provide you with a proof of all Advertisements 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 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.
11.3 Where an advertisement agency is involved our published rates will be net of agency commission.