By placing an order, the Advertiser (which is the person placing the order for the Advertisement whether they are the advertiser of the product or service referred to in the advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these terms in full.
Advertisements are accepted subject to the approval of copy and the right of the company to alter, reject suspend or cancel any order without assigning a reason. We regret we are unable to guarantee insertion dates, although we will do everything in our power to stick to publishing dates. The proprietors are not liable for any loss occasioned by the failure of any advertisement to appear from any cause whatsoever, nor do they accept liability for printing errors. Although every care is taken in printing, refunds or credits will not be made unless corrections are notified immediately following publication of the first insertion carefully. Credits or refunds will not be given for minor errors which do not corrupt the overall meaning of the advertisement. Orange Fox Media Ltd. may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any products in any of the company’s products or websites. The Advertiser will remain responsible for all outstanding charges.
The Advertiser guarantees to Orange Fox Media Ltd. that:
(i) any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
(ii) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
(iii) the advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice (including the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (the “CAP Code”) and all other codes under the general supervision of the Advertising Standards Authority and/or the Office of Fair Trading), are not libellous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights);
(iv) the advertisement will not be prejudicial to the image or reputation of Orange Fox Media Ltd. or its websites and/or magazines, and will not contain anything Orange Fox Media Ltd. in good faith considers to be offensive or otherwise inappropriate;
(v) all advertisements submitted for publication online will be free of any viruses, adware, malware, bit torrents, and no advertisement will cause an adverse effect on the operation of the website(s).
(vi) all advertisements submitted for publication in any Orange Fox Media publication which portray any nicotine-containing product(s) must comply with the Tobacco Products Directive (TPD) and Tobacco and Related Products Regulations (TRPR) and must be designed with a nicotine warning. The following nicotine warning is recommended.
(vii) If we receive images from our media partners, we assume we have permission to publish unless instructed otherwise. Vapouround is not responsible for the misuse of images by media partners.
Warning: This product contains nicotine which is a harmful substance / chemical
Where an advert requires a warning but does not have one, we will ask you to change it to make it comply with the advertising regulations. If we do not get a response on this issue, we will include a warning ourselves so that the advert complies with the law. If we have to remove the advert because it does not comply with the law then we reserve the right to do this and, in such circumstances, no refund on monies paid will be due.
Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorised by the advertiser of a product or service to place the Advertisement with Orange Fox Media Ltd. and the Advertiser will compensate Orange Fox Media Ltd. for any claim made by such advertiser against Orange Fox Media Ltd..
All sums payable to Orange Fox Media Ltd. should be made in accordance with Orange Fox Media Ltd.’s Financial Terms & Conditions which are:
Unless a customer has applied for and been accepted as a credit account customer, Orange Fox Media Ltd. will provide services only on a pre-payment basis, with receipt of cleared funds prior to the booking being confirmed.
Customers wishing to apply for a credit account must complete a Credit Application Form which is available on request from your sales contact. Until credit facilities are granted customers will remain on prepayment terms. Orange Fox Media Ltd. standard payment terms are cleared funds from date of invoice. If the due date falls on a weekend or bank holiday the payment is due on the first working day immediately prior to the due date. As payment is due as cleared funds, under current banking arrangements, cheques should be despatched and payment by bank transfer should be processed by the customer three working days prior to the due date. Orange Fox Media Ltd. reserve the right to charge interest on late payment at four percent above the Bank of England base rate.
Orange Fox Media Ltd. accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any advertisement copy to Orange Fox Media Ltd. or any loss or damage to any advertisement copy or any other materials. The Advertiser guarantees that it has retained sufficient quality and quality of all materials supplied to Orange Fox Media Ltd.
Orange Fox Media Ltd. shall use its reasonable endeavours to reproduce advertisements as provided by the Advertiser but cannot guarantee that the advertisement will be of the same quality.
Orange Fox Media Ltd. will not be responsible for any additions to, changes in, deletions from, delays in publication or withdrawal of any advertisements required by any authority having responsibility for the regulation of online or press advertising (including the Advertising Standards Authority).
If a booked advertisement is not published at all solely due to a mistake on Orange Fox Media Ltd.’s part, Orange Fox Media Ltd. will try to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original booking will be cancelled, and the Advertiser shall be entitled to a full refund if the Advertiser has paid in advance for the advertisement. This shall be the Advertiser’s sole remedy for failure to publish the advertisement.
Orange Fox Media Ltd. shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by Orange Fox Media Ltd. and the Advertiser, and Orange Fox Media Ltd.’s maximum total liability for any loss or damage arising out of or in relation to any advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant advertisement actually paid by or on behalf of the Advertiser.
Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
Orange Fox Media Ltd. owns the copyright in all advertisements written or designed by it or on its behalf unless otherwise stated. The Advertiser grants Orange Fox Media Ltd. the right (free of charge) to:
(i) use such of the Advertiser’s names, trademarks and/or logos as Orange Fox Media Ltd. may consider necessary for the purposes of publishing the advertisements;
(ii) reproduce the advertisement in any media at any time from the date the advertisement was last published in the magazines for promotional purposes. For the avoidance of doubt, the content, layout and format of any Magazine or Website will be subject to variation at Orange Fox Media Ltd.’s sole discretion.
(A) When you place an offer to purchase goods (order), you are making an offer to purchase goods which, if accepted by us, will result in a binding contract with us. Your contract with us will only commence when you confirm acceptance of your order by email or by letter. We will then agree to supply the resources listed on the said order. You will still receive an automatic confirmation that your offer to purchase (order) has been received and that the order is being processed either by phone or via email.
(B) Any advice or recommendations given by any representatives to the buyer relating to sources, which is not confirmed in writing by Orange Fox Media Ltd. will not be binding.
(C) Any variation to these terms and conditions will be acknowledged on the website.
(D) Once a booking is confirmed in writing (usually email) by the customer, or a payment is made, refunds or credits will not be issued. We will endeavour to reissue your space in a subsequent/more convenient issue, providing there is adequate space available.
(E) If a customer who has booked a run of advertisements wishes to cancel part way through the booking, any advertising that has already been published will revert to the rate card price in any calculations relating to refunds, regardless of any prior agreements.
(F) Where a customer books a run of advertisements, and then wishes to reduce the number of issues in which their advertising appears, any prior agreement will no longer stand and either the rate card price or a new negotiated price will apply.
Artwork must be submitted by the deadline date given on your confirmation of order, if no artwork is submitted by copy deadline date, then it is Orange Fox Media Ltd.’s right to include what they feel is acceptable as an advert on behalf of the customer or alternatively if they deem necessary to fill the space with an alternative advert or edit not relating to the customer. No refunds or credits will be given in these circumstances.
Any artwork that is designed by the company will be submitted to the customer via email for approval. If no confirmation of proof is received before the copy deadline stated on your confirmation of order, the company will run the advert as it is. If any errors are detected after insertion, the company will not accept liability and no credit or refund will be offered.
If permission is given to Orange Fox Media Ltd. to use images, text or logos from a client’s website, either verbally or via email, for the purposes of an advert or editorial then the company will not be liable to pay any compensation to any third parties or to the advertiser for images or edit used.
Please be aware that any advert or imagery that has a product or products that contain nicotine must have a nicotine warning contained within it in line with regulation.