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Terms & Conditions of Advertising

1. Establishment of contract: A booking is considered to have been agreed when the sales department's order form has been received, signed and dated from the advertiser or purchase order form has been received from the advertiser / agency. Email replies confirming bookings will also be applicable as confirmed booking. Clients may reply to booking forms with BOOKED in the subject line - this will also conirm a booking. A confirmed booking shall also be made if advert copy is submitted, even if no signed booking has been sent - this will apply to a single OR a series booking. Email and written communication where the advertisement is referred to will also constitute a confirmed booking. We reserve the right to refuse to insert any advertisement even though accepted and paid for, and to make any alterations we deem necessary to maintain our standards. The advertiser will indemnify the proprietors and the printers against any damages they may sustain in consequence of publication of his/her announcement.

2. ONLY where advertisement copy instructions are received no later than the appropriate copy date, an email pdf proof or fax copy proof will be supplied to the advertiser. Advertisers are reminded that the purpose of a proof is to check that the publisher has designed the advertisement according to instructions. For artwork supplied direct from the client / agency,no proof is supplied prior to publication. Where a proof has been supplied and agreed prior to publication, no credit will be considered in respect of errors. No proof will be supplied for editorial content.

3. Our published rates for space bookings are based on the assumption that the advertiser will supply completed, finished artwork or artwork on disc. The publishers offer a basic production service to prepare advertisements for those customers without access to such facilities. Repeat or lengthy work may require a surcharge.

4. Every care is taken to avoid mistakes but the publishers shall not be liable for any omission or inaccuracy in published advertisements or for the failure of an advertisement to appear for any reason whatsoever. Advertiser's property, artwork etc are held at owner's risk and should be insured by them against loss or damage from whatever cause. Pathfoot Limited do not assume responsibility for the loss of artwork or photographs supplied.

5. Advertisements which do not conform to the Trade Descriptions Act, 1968, the Sex Discrimination Act, 1975, the Business Advertisements (Disclosure) Order, 1977 and other relevant legislation will be refused.

6. Participation in advertisement features and supplements does not imply any editorial coverage.

7. Print run may be subject to change at our discretion at any time dependant on time of year or advertising levels. This does not affect the number of distribution points.

8. Adverts accepted on credit are due for payment within 28 days of the date of invoice unless otherwise agreed. Prepayment is strictly required from classified advertisers and non-credit account customers. The existence of a query on an individual item shall not affect payment of the balance of the account being made within the terms.

9. We reserve the right to apply interest on overdue accounts and charge for costs incurred in respect of dishonoured cheques.

10. Advertising Agency commission is paid at the discretion of the publisher dependant on the agency making the initial contact and implementing a booking. If a booking is made direct with the agency's client without us having been informed of any agency involvement, no agency commission will be applicable. Where agreement has been reached it is on the understanding that the Agency has accepted these conditions. We reserve the right to withhold commission where agencies persistently breach payment terms.

11. 1 voucher copy is supplied as standard for display advertisements. Further copies must be requested separately.

12. The copyright for all purposes in all artwork, copy and other material which the publisher or his employees have originated, contributed to or reworked shall vest in the publisher. The publisher is hereby authorised to record, reproduce, publish, distribute and broadcast (or to permit the same) all supplied advertisement (including but not limited to text, artwork and photographs) and to include and make them available in any information service, electronic or otherwise. If copyright is breached, client will be invoiced a breach of copyright charge and will be billed for time spent on preparing the artwork.

13. In the event of copy not being supplied on time, the proprietors reserve the right to repeat any previous advertisement without further reference and at the same insertion charge, to compose an advertisement on behalf of the advertiser using what information is available to us, or go to press without the advertisement, for which a full charge will be made in the same manner as for a late cancellation.

14. Advertisement rates are subject to immediate revision at any time. Any price increases will not affect the current booking schedule.

15. Cancellations are only acceptable if received in writing to The HomeSeeker, Ochil House, Owen Square, Livingston, West Lothian, EH54 6QF, no later than seven days before the copy date of the appropriate issue.

  • Our cancellation charges are as follows,
  • less than one week (7 days) prior to booking deadline -full insertion rate;
  • one to four weeks - 50% of insertion charge;
  • more than four weeks - 10% of insertion charge
  • (percentages are on rate card cost - not on discounted cost).

Cancellation of series bookings will also incur a retrospective charge on all discounts given on insertions already published. For the avoidance of doubt, the difference between the rate card cost and the discounted price will be charged for ALL adverts in the series which have been taken plus the percentage of insertion charges as detailed above depending on how close to copy date the series / single issues are cancelled.

16. The placing of an order for the insertion(s) of an advertisement shall amount to an acceptance of the above conditions and any conditions stipulated on an agency's order form or elsewhere by an agency or an advertiser shall be void insofar as they are in conflict with them.

17. Any advertisement booking is made with the magazine stated on the booking / proposal form and with the company who publishes the magazine title(s) at the time of publication. Change of publisher is not a valid reason for cancelling any booking.

18. Scottish law shall apply to these Terms and all bookings. You irrevocably agree that the courts of Scotland will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the Scottish courts. You agree to this by agreeing the contract by the methods laid out.

19. Our terms and conditions are subject to change at any time and without notice being needed.


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