Terms and Conditions

These Terms & Conditions are deemed to be incorporated in every contract entered into with GMG Ltd to the exclusion of any terms or conditions stipulated or referred to by the other party(ies) to the contract.

INSERTS

1. In these Terms & Conditions, "client" means the party that books the insert and is responsible for payment of all monies concerned with that booking. Should the client choose to use a broker and that broker subsequently is unable to pay the outstanding monies, then the debt will be automatically transferred to the client for whom the insert was placed.

2. Inserts are accepted by GMG Ltd subject to copy and illustrations being in accordance with the British Code of Advertising Practice. The right is reserved to refuse to accept any insert.

3. GMG Ltd will not be responsible for any error in the insertion of or omission to insert any material, or for any damage or loss of that material supplied.

4. GMG Ltd shall not be bound by notice of cancellation received less than 2 months prior to insertion date. If this is the case then GMG Ltd are entitled to charge:
i. a 50% of gross invoice cancellation fee with up to 2 months notice prior to insertion date.
ii. a 25% cancellation fee between to 2 months and 6 months notice prior to insertion date.
iii. a 10% cancellation fee with over 6 months notice prior to insertion date.
iv. where the Publisher or Programme Owner charges more than stated above, the cancellation fee will be passed on to the advertising agency or client submitting the inserts.

5. All orders are accepted at the client's risk. GMG Ltd cannot accept any responsibility for loss of circulation or ineffectiveness of any title/programme owing to circumstances beyond its direct control.

6. Prices are subject to increase at any time up to acceptance of the order by GMG Ltd. The client has the option to cancel or continue at the revised rates.

7. The advertising agency or client submitting the inserts shall indemnify GMG Ltd in respect of costs, damages, or other actions arising from the despatch of inserts in accordance with the instructions supplied to GMG Ltd by the agency or the client. In any case where a claim is made against GMG Ltd and where the agency or client may ultimately be liable under the terms hereof, notice in writing shall be given to him in order that consultations shall take place before any expense is incurred or the claim settled, defended or otherwise disposed of to his detriment.

8. If the client delivers more than the number of inserts specified in the order and they are subsequently distributed, the client agrees that it will pay for the distribution of those inserts at the same gross rate per thousand that they already agreed to pay, unless it has been agreed to do otherwise prior to insertion. In the absence of evidence to the contrary despatch count will be conclusive.

GENERAL

1. The placing of any order for the insertion of material or rental of list shall amount to:
i. an undertaking that copy will comply with the Trade Descriptions Act 1968 and 1972, any subordinate legislation made under those Acts and any other relevant legislation, and to the Code of Advertising Practice, ICSTIS and ASA.
ii. an acceptance of the above conditions, and any conditions stipulated on any agency's or publisher's order form or elsewhere by an agency or a client shall be void insofar as they are in conflict with the above conditions.

2. Unless payment is to be made in advance, or as specified, accounts shall be paid not later than the thirtieth day following invoice date. In line with the 'Late payment of commercial debts (interest) Act 1998' interest will be applied at base rate plus 8% on any overdue balance.

3. All goods remain the property of the GMG Ltd until payment is received in cleared funds.

4. GMG Ltd will endeavour to recover all monies owed but will not be held ultimately responsible for bad debts.

LISTS

1. List orders are accepted subject to mailing pieces being approved by both GMG Ltd and the List Owner. The right is reserved to refuse to accept any material.

2. GMG Ltd shall not be bound by notice of cancellation received on orders placed. If such notice is received, they are entitled to charge as follows:
i. 50% cancellation charge if order has been processed.

3. All list orders are accepted at the users risk. GMG Ltd cannot accept responsibility for corruption or destruction of data following receipt of delivery or ineffectiveness of names supplied arising from circumstances beyond its direct control, nor action arising from Owner beyond the control of GMG Ltd including non-delivery.

4. Unless otherwise agreed in writing the client shall use the information once only and within 6 months of the delivery of the information. The client shall not communicate with any name and address contained in any list supplied in any other way other than through the Royal Mail or other similar distribution or delivery medium unless agreed in writing by both GMG Ltd and the List Owner prior to placing the order.

5. At all times full legal and equitable title in all and any information supplied to the Client and shall remain in the owner. The client shall store or otherwise keep the information in such a way as to clearly indicate at all times that the information is owned by the owner and shall not remove, obscure or delete any mark placed on the information by the owner which may enable the information to be identified.

6. The client agrees with GMG Ltd throughout the period of the contract:
i. Not to cause or permit anything which may damage/endanger the Copyright of the Owner or the Owners title to the information or assist or allow others to do so.
ii. To notify GMG Ltd and the owner immediately of any suspected infringement of the Copyright. To take such reasonable action as GMG Ltd and/or the Owner shall direct at the expense of the Owner in relation to such infringement.
iii. To compensate GMG Ltd and the Owner for any use by the client of the information other than in accordance with the Contract.

7. The client shall indemnify GMG Ltd in respect of costs, damages or other actions arising from the list supplied in accordance with the instructions supplied to GMG Ltd by the agency or the client. In any case where a claim is made against GMG Ltd and where the agency or client may ultimately be liable under the terms hereof, notice in writing shall be given to him in order that consultations shall take place before any expense is incurred or the claim settled, defended or otherwise disposed of to his detriment.

8. Rates are subject to increase at any time up to acceptance of the order by GMG Ltd. The client has the option to cancel or continue at the revised rates.

9.
i. If the nett names agreement is less than 100% the client shall be entitled to claim a discount in the form of a credit note provided that:
a) the client claims the discount within 3 months of the invoice date.
b) when claiming a discount the client provides GMG Ltd with such evidence satisfactory to GMG Ltd that he is in fact entitled to a discount.
c) in any case the maximum discount to which the client shall be entitled shall be calculated according to the nett names agreement and if the evidence provided by the client under clause 9.i.a of these conditions shows a percentage of names and addresses actually used by the client is more than the nett names agreement then this percentage figure shall be used to calculate the discount and not the nett names agreement.
d) An order placed on a nett name basis by GMG will not be paid for gross. Nett payment will be made when dedupe report is made available

10. All orders are subject to user being registered under the Data Protection Act (1984) and a signed copy of the List User Warranty to be returned to GMG Ltd prior to mailing date.