The 360 Communications Ltd Advertising Terms & Conditions

360 Communications Ltd (‘360’) accepts publication of advertisements on the terms and conditions set out below.

  1. The “Advertiser” means the person or entity booking advertising space in a publication with 360, whether an advertising agency, brand owner or whomsoever.
  2. “Advertising Copy” (or “Ad Copy”) means the advertising and promotional content requested by the Advertiser to be published by 360 in a 360 Publication: for the purposes of these conditions this includes inserts.
  3. “360” means 360 Communications Limited (Co Reg: 4063153).
  4. “360 Publication” means any magazine title published by 360 from time-to-time.
  5. “Production Work” means any and all artwork, sketches, layouts, mock-ups, graphics, photography, processing or other work, work product, services and service product that the Advertiser may request 360 to perform or provide from time-to-time.
  6. The “Landing Date” means, in relation to each version of a 360 Publication, the date at the start of the week in which the 360 Publication will reach subscribers.
  7. “Publication Closing Date” (or “Ad Copy” date) means 360’s various deadline(s) for receipt of any Advertiser’s Advertising Copy, in respect of each instance of publication of such Advertising Copy in a conventional, print-media 360 Publication or Digital, or online version.
  8. “Rates” means 360’s costs and charges for the publication of Advertising Copy in 360 Publications, as evidenced in the Rate Card for the relevant 360 Publication in force at the relevant time, but not including any additional fees and costs for any Production Work, which shall be payable in addition to the Rates.
  9. “Rate Card” means the table of 360’s Rates for the publication of Advertising Copy in 360 Publications, as updated by 360 from time-to-time,
  10. “Technical Specifications” means 360’s technical requirements for Advertising Copy provided by or on behalf of Advertisers from time-to-time, plus the specific technical specifications applicable to Advertising Copy destined for publication in Digital versions.
  11. If the Advertiser requires any Production Work to be performed by 360, it shall pay 360 for the same at the cost quoted by 360 at the time of request, plus any applicable VAT/sales tax at the prevailing rate.
  12. All rights, including all copyright, in any Production Work performed by 360 shall vest in 360 and the Advertiser may use the same solely for the limited purpose of publishing the associated Advertising Copy in the relevant 360 Publications pursuant and subject to these Terms and Conditions. Where an Advertiser wishes to receive an assignment of rights in any Production Work then the same shall be subject to the written agreement of 360 (which it may grant or withhold in its absolute discretion and which may include the agreement of any further terms).
  13. Advertising Copy which requires reformatting will be deemed to be Production Work and subject to an additional fee as set out at 11. above. Any custom Advertising Copy produced by 360 will also constitute ‘Production Work’ and hence will incur additional fees as set out in Section 11 above.
  14. Rates, conditions and space units are subject to change without notice. 360 may change its rates at any time and any changes to the rates will take effect immediately. Orders are accepted on the condition that the price binds 360 only in respect of the next issue to go to press. In the event of a rate increase, the Advertiser will have the option to cancel the order without surcharge or continue the order at the revised advertising rates.
  15. 360 may agree to pay 15% commission to recognised agencies; however, no commission is allowed on tip-in charges or other production or mechanical charges and agency commission is automatically forfeited if the invoice remains unpaid after 60 days.
  16. If 360 considers it necessary to modify the space or alter the date or position of insertion or make any other alteration, the Advertiser will have the right to cancel if the proposed alterations are unacceptable, unless such changes are due to an emergency or circumstances beyond 360’s control.
  17. 360 does not accept cancellations after the Publication Closing Date. If Advertising Copy is not received by the Publication Closing Date, 360 is entitled (but not obliged) to re-publish any previous Advertising Copy previously published in the relevant 360 Publication and to collect the full amount shown on the Order Confirmation.
  18. Orders for Advertising Copy comprising front and/or back covers are non-cancellable.
  19. Orders for next to or facing editorial positions can only be accepted subject to availability at the time of going to press.
  20. Series rates must be earned within one year from the first insertion. If the Advertiser cancels the balance of the contract, except in the circumstances set out in clause 16 above, the Advertiser relinquishes any right to that series discount to which the Advertiser was previously entitled. The Advertiser will be rebilled at the full or earned frequency rate at the time the booking was confirmed, immediately following cancellation or curtailment or space frequency contracted.
  21. The 360 Rate Card is not an offer to contract. A contract between 360 and the Advertiser (and 360’s obligation to publish any Advertising Copy on these Terms & Conditions) arises only upon and subject to 360’s acceptance of the Advertiser’s order and the issuing of an Order Confirmation.
  22. It is the Advertiser’s responsibility to notify 360 within 7 days of receipt of 360’s written acceptance of the Advertiser’s order for the publication of its Advertising Copy if the booking details set out in 360’s Order Confirmation are incorrect.
  23. All Advertising Copy (which must be in the form of PDF files) provided by or on behalf of the Advertiser to 360 must comply with 360’s Technical Specifications. 360 may reject for publication any Advertising Copy which is not compliant with the Technical Specifications.
  24. The technical compliance of Advertising Copy provided by the Advertiser to 360 for publication in Digital versions remains the responsibility of the Advertiser. 360 accepts no responsibility and shall have no liability to the Advertiser for any of the consequences (including the state of the resulting published Advertising Copy) where any materials provided to 360 do not comply with the Technical Specifications.
  25. Notwithstanding anything to the contrary set out herein, 360 is entitled at its absolute discretion to reject or exclude any Advertising Copy submitted for publication notwithstanding: (i) 360’s previous acceptance of the relevant Advertiser’s order; and (ii) whether or not the relevant Advertising Copy has been previously accepted for publication or published previously.
  26. 360 may place the word ‘advertisement’ or otherwise add or delete text to or from adverts, which, in 360’s opinion, resemble editorial matter.
  27. The Advertiser accepts that the Advertiser is a principal in law and accordingly warrants that all Advertising Copy (and its constituent parts) when submitted to 360 for production and upon publication shall: (i) be neither defamatory nor obscene, and shall comply in all respects with the requirements of the British Code of Advertising Practice and other relevant industry codes, and (ii) comply with and not contravene the requirements of (a) any Act of Parliament, statutory instrument, code of practice or regulation promulgated thereunder including any law of the European Community for the time being in force or applicable in the United Kingdom and (b) any acts, decrees, regulations or authorities in those markets in which the advertisement may be accessed: (iii) not breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or entity or render 360 liable to any proceedings or liabilities whatsoever, wheresoever.
  28. The Advertiser will indemnify 360 fully in respect of any costs, claims, damages, losses or liabilities of any sort suffered or incurred by 360 arising directly or indirectly from the production or publication of any Advertising Copy which is in breach of any of the warranties set out in section 26. above.
  29. 360 will exercise reasonable care in preparing and publishing Advertising Copy, but 360 will not be liable for any loss or damage, consequential or otherwise, occasioned by error, late publication or the failure of an advertisement to appear from any cause whatsoever.
  30. Any complaint concerning the production or publication of any Advertising Copy must be notified in writing to 360 within 4 weeks of the relevant Publication Date.
  31. The Advertiser may not recharge a client for advertising space at an increased rate without 360’s written consent.
  32. 360 and the Advertiser warrant that they will observe their respective obligations under the Data Protection Act 1998 arising in connection with these Terms and Conditions. These Terms and Conditions shall be construed under and governed by the law of England and the parties submit to the exclusive jurisdiction of the English Courts.
  33. Credit accounts are strictly net and must be settled within 30 days from the date of the invoice unless specifically agreed otherwise and confirmed on a signed order confirmation.
  34. Payments should be made by bank transfer in Sterling currency, unless otherwise agreed.
  35. The Advertiser, its affiliates and any applicable agency are jointly and severally liable for all payments to 360 and its affiliates. The Advertiser and its affiliates shall remain liable for all outstanding sums owed to 360 and its affiliates.
  36. 360 reserves the right to charge statutory interest on all past due payments at the rate of 8% plus the Bank of England base rate.
  37. 360 may apply payments from an Advertiser or its affiliates to any other debt owed to 360 or its affiliates.
  38. If an account is overdue, 360 reserves the right to suspend further insertions. Positioning requests that are not paid for are not guaranteed.
  39. These conditions shall apply to all Advertising Copy accepted for publication. 360 is not bound by any terms or conditions that are unwritten or that appear on order forms, contracts, insertion orders, or copy instructions when those terms or conditions conflict with or alter any provision contained in these conditions, unless specifically agreed and accepted in writing by the Publisher.