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1.
For the purpose of these conditions,
“Advertiser” shall refer to the contractual principal or their
agents who are the party responsible for payment of charges arising
from the publication of an advertisement.
2.
An advertisement is accepted on the
understanding that the relationship between the Advertiser and the
BJGP is governed by the conditions set out below.
3.
Any conditions stipulated on an Advertiser’s
order form or anywhere else shall be void. Conditions which are
contained in order forms other than those of the BJGP and which do
not conform to, or are in addition to the BJGP conditions, will not
be recognised as binding.
4.
All advertisements are accepted subject to the
Editor’s or his appointee’s approval and to the space being
available.
5.
The BJGP accepts no responsibility for the
content of any published advertisement. The inclusion of any
advertisement in no way implies approval or recommendation of
either the terms of any offer contained in it or of the Advertiser
by the BJGP or the Royal College of General Practitioners
(RCGP).
6.
The BJGP reserves the right to (a) reject or
refuse at any time any advertisement, and (b) to evaluate
advertisement copy to ensure that it does not contain any false or
misleading statements. In all respects the Editor’s decision is
final.
7.
The BJGP shall not be liable for any failure
to print, publish or circulate any advertisement accepted by the
BJGP; however, the BJGP shall use its reasonable efforts to place
such an advertisement in subsequent available space.
8.
In the event of any error, misprint or
omission in the printing of any advertisement or part of any
advertisement, except where attributable to a default by the
Advertiser or its agents, the BJGP will, in its sole discretion,
either re-insert the advertisement or make an adjustment to the
rates charged to the Advertiser.
9.
Any complaint concerning the reproduction of
an advertisement must be received in writing by the Advertising
Executive within five working days of the invoice date, either by
email to: advertising@rcgp.org.uk or to BJGP Advertising, RCGP, 14
Princes Gate, Hyde Park, London SW7 1PU.
10.
No re-insertion or adjustment will be made
where the error, misprint or omission does not materially detract
from the advertisement. In no circumstances shall the total
liability of the BJGP exceed the cost of a further or corrective
advertisement of a similar type and standard to the advertisement
in connection with which the liability arose.
11.
The Advertiser guarantees that no
advertisement:
(i) shall infringe or prejudice the rights of any third party
(including intellectual property rights);
(ii) shall be defamatory of any third party;
(iii) shall constitute unfair competition or any tort or civil
wrong;
(iv) shall infringe the British Code of Advertising Practice, or
any statutory or EC requirements or regulations relating to
advertisements;
(v) shall advertise goods or services which
do not comply with all relevant statutory or EC requirements or
regulations.
12.
The Advertiser further undertakes to indemnify
and to keep indemnified the BJGP against any costs, claims and
expenses which result directly or indirectly from any breach of any
of the above warranties, or from any other failure of the
Advertiser to comply with these conditions.
13.
If so required, the Advertiser, where an
agency, must disclose the identity of the actual client and reveal
the nature of the product/service to be advertised. In the event of
the Advertiser failing to comply with such a request, the BJGP
reserves the right to suspend publication of the
advertisement.
14.
If it is intended to include a special offer
within an advertisement, full details should be submitted at the
time of booking. Promotions must comply with the British Code of
Sales Promotion Practice.
15.
The BJGP, in accepting financial
advertisements does so on the understanding that their copy
content, authorisation and placing have been processed in
accordance with the requirements of the 1986 Financial Services Act
and any amendments thereto.
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16.
The Advertiser will only submit advertisements
for medical devices which conform to the provisions of the
appropriate medical device legislation. The Advertiser will make
known any adverse incidences or published safety warnings
associated with the devices on submission of copy for
approval.
Copy
17.
The BJGP reserves the right to amend the
advertisement copy where necessary, and to make such additional
charges as it shall in its sole discretion deem appropriate for
such amendments or for any other further work
required.
18.
Advertisement copy must be supplied by the
Advertiser or its agent in accordance with the mechanical data
published on the rate card and additional charges may be made if
the BJGP is involved in any additional work.
19.
The BJGP cannot accept liability for any
errors due to inaccurate copy instructions and cannot accept
responsibility for changes in copy unless these are confirmed in
writing and received by the deadline agreed between the parties.
Charges will be made to the Advertiser where the printers are
involved in extra production work owing to acts or defaults of the
Advertiser or its agents.
20.
In the event that proofs are not approved by
the Advertiser by the agreed deadline, the BJGP reserves the right
to utilise the existing copy/artwork based on the unapproved
proof.
21.
The copyright on artwork/copy contributed to
an advertisement by the BJGP shall be vested in the
BJGP.
22.
All advertisements must clearly and
prominently identify the Advertiser by name, trademark or
logo.
23.
The word “advertisement” will be appended to
copy that, in the BJGP’s opinion, resembles editorial
matter.
Inserts
24.
A sample must be submitted to the BJGP for
approval at least two weeks before the print date. Where the
Advertiser has undertaken to supply inserts which have been
accepted and approved by the BJGP, the BJGP reserves the right to
make an additional charge if they fail to arrive at the agreed time
and place for insertion.
Rates
25.
Advertisement rates are subject to revision at
any time and individual orders are accepted on condition that the
price binds the BJGP only in respect of the next issue to go to
press. Advertisement rates are exclusive of value added tax, which
will be added at the existing rate(s) when the advertisement is
invoiced unless exemption is applicable.
26.
Series rates apply only if the order is
completed within 12 months of the date of the first insertion. If
an Advertiser cancels the balance of an agreement, it gives up any
right to the series discount to which it was entitled and the
advertisements will be charged for at the advertised
rate.
Cancellations and Payment
Policy
27.
The BJGP cannot accept stop-orders,
cancellation or transfers relating to an order unless they are
received in writing prior to the BJGP’s stated final copy dates.
The Advertiser will be responsible for paying the BJGP a fair and
reasonable price for any work undertaken by the BJGP in relation to
that order prior to that date.
28.
Advertising agencies and Advertisers are
jointly and severally responsible for payment of invoices which
must be paid within 14 days after the date of the invoice. All
invoices are payable to the Royal College of General Practitioners
(RCGP).
29.
Advertisements from individual overseas
Advertisers must be paid for at the time that the order is
placed.
30.
Visa credit cards, cheques, money orders and
BACS are accepted as methods for payment of invoices.
31.
The BJGP will supply upon publication one
voucher copy to Advertisers and two to advertising
agencies.
32.
The BJGP reserves the right (without prejudice
to the BJGP’s other rights and remedies) to pursue the Advertiser
for any charges and/or costs that are incurred by the RCGP as a
result of using a third party for collection of any
debt.
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