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TERMS AND CONDITIONS
The terms and conditions set out herein shall govern all relations between the Publisher and Buyer of Advertisement Space. The placing of an order or request to do so shall constitute acceptance of these terms and conditions. Any other proposed conditions or variations to these conditions shall be void and/or unenforceable unless specifically accepted by the Publisher in writing.
1. Definitions
In these conditions, the term “Advertisement” or ”Advertisement Space” means Classified or Display advertising in print or digital formats as applicable “Buyer” “You” or “Your” means the advertising agency or media buyer placing the Advertisement with Us on behalf of an advertiser or an advertiser placing the Advertisement with Us direct The terms “Publisher”, “Us”, “We” or “Our” means The International Child Neurology Association (ICNA) whose registered offices are situated at Box 2048, S-750 02, Uppsala, Sweden. “Classified Advertisement” means any advertisement which is listed within a classified section of our print or digital editions including without limitation job and associated advertisements, notices, education services OR any advertisement featured in specially constructed positions of the ICNApedia website. “Display Advertisement” means any advertisement that runs without a classification heading usually being placed opposite to articles or in an especially constructed advertising section of Our print or digital publications and excludes any Classified Advertisement.
2. Placing an Order and Our Rights
All Advertisement requests are offers and subject to acceptance by Us. The Placing of an Advertisement in Our publication is deemed acceptance. Otherwise acceptance will occur upon written confirmation by us that Your Advertisement will be included. The Publisher reserves the right to decline to publish or omit, suspend or change the position of any Advertisements submitted to it, at its absolute discretion and without explanation. All Advertisements must comply with the Publisher’s requirements including the technical specification provided to the Buyer. Should any such withdrawal, omission or suspension be due to the act or default of the Buyer of an accepted Display Advertisement or space for Advertisements ( including failing to supply Display Advertisement copy or required revisions thereof in time), then the space reserved for the Advertisement shall be paid for in full whether or not the Display Advertisement is published. For Classified Advertising we will not include any Advertisement which awaits outstanding information or images from you, notwithstanding that the Advertisement does not appear.
In relation to any Advertisement order that we may accept from agencies or media buyers, You are contracting with us as a principle rather than on an agency basis notwithstanding that you may be acting as an agent for the owner of the Advertisement or acting in a representative capacity.
By placing the Advertisement with the Publisher, the Buyer grants the Publisher an irrevocable, royalty free, world wide licence, to reproduce the Advertisement in the designated publication in any medium howsoever, known now or yet to be invented. Unless otherwise stated, we will not charge You for any artwork or advertisement design we produce but copyright in such artwork shall be retained by Us and may only be reproduced by You or any third party with our express written permission. Where any Advertisement is typeset by us and/or included within Our template, the rights therein remain with Us and neither You nor any third parties, may not reproduce such Advertisements using the foregoing without our express written consent. In no circumstances does the placing of an order confer the right to renew on similar terms. We may reject any future orders for any reason whatsoever.
3. Fulfilling Your Order
We will use reasonable efforts to comply with Your requirements regarding the print publication or website that the Advertisement will be included within, the date of insertion, the edition of insertion, the colour reproduction and the position within the publication, however we may decline to publish or omit, suspend or change the position of any Advertisement. We therefore do not warrant the date of insertion, position or the wording or the quality or any aspect of the reproduction of the Advertisement.
We will require you to submit the Advertisement in accordance with Our specifications for the particular publication or website in which the Advertisement is to be included. We will take reasonable steps to ensure that any artwork or materials You supply to Us are returned according to Your reasonable instructions. However we cannot assume any liability for any damage caused to the same other than as cannot be excluded by law.
We reserve the right to alter the circulation or distribution of the publication (including the media in which it is distributed) any time without prior written notice to You. If copy and copy instructions including draft layouts are not received by the stipulated time the Publisher cannot undertake to supply proofs or make corrections and the Publisher reserves the right to repeat the most appropriate copy. The Publisher does not supply proofs of wordage, lineage or semi-display advertisements.
It is the responsibility of the Buyer to check the correctness of the Advertisement proof (and of each insertion of the Advertisement if more than one). The Publisher assumes no responsibility for the repetition of an error in an advertisement ordered for more than one insertion unless We are notified of the error in advance of the deadline for the subsequent insertion.
4. Your Obligations
It is a material term of this contract that:
i) all Advertisements in their entirety comply with the British Code of Advertising Practice or, where appropriate, the ABPI Code of Practice and other relevant codes under the general supervision of the Advertising Standards Authority and are legal, decent, honest and truthful. All advertisements must also comply with the provisions of the Medicines Act 1968 (as amended) or any regulations made under that Act and all other Acts of UK Parliament and applicable regulations, and law of the European Economic Community being in force or applicable in the United Kingdom, including without limitation all Advertisements which should comply with all relevant UK financial services and/or gambling legislation and/or under the Mail Order Protection Scheme;
ii) all Advertisements of Foods and Therapeutic Substances submitted by the Advertiser must disclose their essential constituents;
iii) production or publication of the Advertisement will not breach any contract, infringe or violate any copyright, trademark or other personal or proprietary right or render the Publisher liable for any proceedings whatsoever;
iv) any information supplied in connection with the Advertisement is accurate, complete and true;
v) Advertisements conform to Our policy on acceptance of advertisements.
vi) The Editor of the publication in which the Advertisement is requested to appear has the right to query Advertisement copy, request additional information or refuse Advertisements for publication without disclosing reasons;
(v) in respect of any Advertisement submitted for publication which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the Buyer or its client (if applicable) has obtained the consent of such living person to make use of such name, representation and /or copy.
The Buyer will fully indemnify the Publisher fully in respect of any claims, costs, proceedings, demands, losses, damages, expenses or liability howsoever arising, directly or indirectly as a result of any breach or any performance of any of the representatives warranties or other terms contained herein or implied by law.
5. Advertisement Rates and Payment
Payment for the Advertisement (including any associated charges shown on the relevant invoice) are unless otherwise stated, quoted ex VAT ( which will be added if applicable at the prevailing rate) and are due in advance of publication except where We have agreed in writing to allow credit to YouIf we do wish to offer you any credit, we may require guarantees or other security as a condition of acceptance of that credit or any specific orders You may submit. We reserve the right to withdraw any credit for future orders that we may have granted you in the past prior to acceptance of any new order You may place.
Should you query any statement or invoice that we send to you, where this invoice includes multiple Advertisement charges, querying an individual charge shall not entitle you to withhold any payment in respect of the other charges included within the statement and/or invoice and these must be paid in accordance with the provisions above. Our right to interest and an administrative charge will not apply to any amount You contest in good faith. In the event that the original payment is not received by Us by a due date set out above, we may revoke any credit terms and limits for any future orders that we may choose to accept. We reserve the right to withdraw credit arrangements from You at any time.
You will be liable for any collection and on-payment of any VAT that should be collected from your customer and paid on to the relevant tax authority in your jurisdiction. You will indemnify us for any claims, costs, proceedings or demands that may arise howsoever in respect of any breach of your obligations in this regard.
We reserve the right to increase advertisement rates at any time or to amend the terms of the contract as regards to space or the frequency of insertions. In such event the Buyer has the option of not placing any further orders for Advertising. Existing accepted Advertising orders will be handled under the agreed terms.
6. Cancelling or Amending Orders
If the Buyer wishes to cancel or amend their Advertisement the following shall apply:
Classified Advertisements:
i) Classified Advertisements may be cancelled or postponed without liability for payment, if notice if received by Us in writing by post or email to the ICNApedia Administrator (admin@icnapedia.org) by the specified deadline for the relevant insertion date of the Advertisement. Amendments must be received by Us in writing by post or email to the ICNApedia Administrator (admin@icnapedia.org) by the published deadline, otherwise the previously submitted Advertisement will be published and You will be liable for payment.
Display Advertisements
ii) Display Advertisements may be cancelled without liability for payment, if notice if received by us in writing by post or email to the ICNApedia Administrator (admin@icnapedia.org) at least one month prior to the due date of publication. However where a Display Advertisement is cancelled with less than one months notice due to reasons of a named drug in an Advertisement being withdrawn or the Advertisement cannot continue without it being an unlawful publication, cancellation shall be permitted without liability for payment save and except where written notice is given to Us with 2 weeks or less prior to the publication date. In such circumstances You will be liable to pay despite the original Advertisement not being able to appear, however you may opt to substitute the Display Advertisement for a new Display Advertisement up to the same value for the original agreed Advertisement price, so long as this is received by Us in the required form no later than 24 hours prior to publication. Amendments must be received by us in writing by post or email to the ICNApedia Administrator (admin@icnapedia.org) at least 24 hours prior to the publication date otherwise the submitted Advertisement will be published and You will be liable for payment.
If the Buyer cancels the balance of the Advertisement contract, except in the circumstances stated above permitting cancellation without cost or if the Advertiser does not complete insertions within the specified contractual period, it relinquishes any right to any series discount to which it was previously entitled and Advertisements will be paid for at the appropriate rate.
7. Publisher’s Liability
The Publisher will endeavour to ensure that all Advertisements published in a digital form, are accessible in accordance with reasonable industry standards. You understand however that the digital platform(s) in which the Advertisement may appear will require routine, scheduled and urgent non scheduled maintenance and experience some periods in which the Advertisement is not accessible. Where any Advertisement is not accessible to the majority of users of the digital media for a period of more than 36 consecutive hours (other than for a reason of Force Majeure as set out below) (“the Period of Downtime”), We will ensure the Advertisement remains accessible for an additional period, equivalent to the Period of Downtime and to the fullest extent permitted by law, this is agreed to be the sole remedy available to You for any direct or indirect losses, claims, proceedings and demands related howsoever to the Period of Downtime.
The Publisher will not be liable for in tort contract or clause for any loss of profit, opportunity, goodwill anticipated saving revenue and or any other loss which is indirect consequential or economic from any cause whatsoever (other than as cannot be excluded by law) and the Publishers, maximum aggregate liability for any loss or damage arising out of or in relation to any Advertisement order by or on behalf of the Buyer whether in contract, tort or otherwise, shall not exceed the total amount of the charges for the relevant Advertisement paid by or on behalf of the Buyer and received by the Publisher in cleared funds.
Nothing in these conditions seeks to exclude any liability than cannot be excluded by law. Except as set out in these conditions, all conditions, warranties, terms and undertakings express or implied, statutory or otherwise are in respect of the Publishers obligations are excluded insofar as permitted by law.
8. Regulation of this Agreement
Neither party shall be liable to the other for any default due to any act of Force Majeure including any Act of God, threatened war, terrorism or threats of terrorism, war, fire, flood, drought, earthquake, health pandemic, epidemic, telecommunication failure or other event beyond the reasonable control of either party.
You may not assign any rights or obligations owned to us under this agreement without Our prior written consent.
The Buyer acknowledges that Our publications are accessible throughout the world and will not be limited to a particular sector of persons and may be accessible to any member of the public worldwide. These terms and conditions shall constitute the entire agreement between You and Us and shall supersede all prior understandings, commitments and undertakings that either of us may have given. Except as expressly provided in these terms and conditions, no provision shall confer any right on any third party. To the fullest extent permitted by law, You and Us hereby exclude any rights under the Contracts Rights of Third Parties Act 1999 or other relevant applicable statute.
If any provisions of these terms and conditions shall be invalid or unenforceable, and shall not affect any other provision which shall remain in full force and effect. These terms and conditions are governed by United States of America (USA) Law. We agree that the English Courts shall have exclusive jurisdiction (subject to the following sentence) to settle any dispute which may arise out of these terms and conditions and submit all disputes to the jurisdiction of these courts. However, the publisher shall retain the right to bring proceedings in the courts of the country (or State) of the Buyers place of business.
- Details
Policy on acceptance of advertisements
1. Acceptance of advertisements
The acceptance of all advertisements in ICNApedia is subject to editorial approval.
ICNApedia or The ICNA reserves the right to decline any advertisement or discontinue the publication of any advertisement previously approved.
ICNApedia or The ICNA policy is to accept advertising for products that will be useful for its readers in their professional as well as personal lives, subject to editorial approval and provided that advertisements conform to our guidelines
In addition, ICNApedia or The ICNA has specific policies on the following types of advertising:
2. Policies for specific advertisement types
(a) Non-medical products that are harmful or potentially harmful to health
(i) Alcohol
ICNApedia or The ICNA policy is to accept advertisements for alcohol, provided that they conform to the guidelines of the British Code of Advertising and Sales Promotion. Recruitment notices from the alcohol industry are generally acceptable.
All copy is to be submitted to the ICNApedia editor for approval before publication.
(ii) Baby milks
All advertisements are to be submitted for editorial approval and have to comply with FMF Code of Practice for the Marketing of Infant Formulae in the UK, which states that "Information provided by manufacturers and distributors to health workers regarding infant formulae should be restricted to scientific and factual matters and such information should not imply or create a belief that bottle-feeding is equivalent or superior to breast feeding." Such information "should accurately reflect current knowledge and responsible opinion." All claims must be referenced to full length research papers published in peer reviewed scientific journals. (Abstracts won't do.)
(iii) Sunbeds
According to expert opinion, tanning with sunbeds that emit ultraviolet A radiation should be discouraged. All advertisements should therefore be passed to the ICNApedia editor for approval.
(b) Medical products licensed for use under medical supervision
No product may be promoted until a product licence has been granted by the Medicines and Healthcare products Regulatory Agency (MHRA). Marketing of the product may start only after data sheets have been released to members of the medical profession and must conform to the marketing authorisation contained in the product licence.
Promotion of a medicine in the UK must conform to both the Medicines Act 1968 and the ABPI Code of Practice. The ABPI code duplicates the legal requirements of the act and extends them considerably. It is binding to all members of the ABPI. Most non-members of ABPI have also agreed to comply with the code. It governs all methods of product promotion and all details of each method.
Throughout the pharmaceutical industry, personnel are trained to ensure that promotional material conforms to the requirements of the Medicines Act and the ABPI code. No material may be released until a final proof has been certified as meeting all code requirements by a nominated physician and a nominated pharmacist (or similarly qualified).
The ICNA holds the view that the stringency of these requirements makes research by the editorial teams of ICNApedia into the safety and efficacy of medicines unnecessary.
Advertisements for prescription-only medicines will be accepted subject to editorial approval, provided that they conform to the ABPI code and meet the ICNA’s normal standards.
(c) Medical equipment and instruments
Since April 2005 all medical devices have been regulated by the MHRA. All advertisements for medical devices must conform to the MHRA guidelines. The medical devices being advertised must also carry CE Marking (www.ce-marking.org/). Marketing of a product without this marking will constitute a criminal offence. The advertiser should confirm the presence of CE Marking before the advertisement is submitted for approval.
(d) Books and other publications
ICNApedia will accept advertisements for books and other publications, subject to editorial approval.
ICNApedia reserves the right to request a copy of the publication if he or she believes that the contents should be scrutinised before approval can be given.
Advertisements may be rejected if they are for books that are apparently tasteless, obscene, or make unwarranted claims.
(e) Competitor advertising
ICNApedia or The ICNA believes in competition and is against protectionism, and it will accept advertisements from competitors even if they refuse ours.
There may be circumstances where ICNApedia or The ICNA refuses an advertisement from a competitor on the grounds that it may have a serious impact on our products and business.
Acceptance of all advertisements from competitors is subject to editorial approval
(f) Medical product purporting to have therapeutic effect but not listed in the BNF
(i) Foodstuffs, food supplements, vitamins, and minerals
Advertisement for foodstuffs, food supplements, vitamins, and minerals should conform to the guidelines of the British Code of Advertising and Sales Promotion and should be submitted with full substantiation of all claims. All claims must be referenced to full length research papers published in peer reviewed scientific journals. (Abstracts won't do.)The ICNApedia editor must approve all advertisements before publication.
(ii) Slimming and other performance enhancing (mental or physical) aids
Advertisements for products that purport to aid slimming must conform to the guidelines of the British Code of Advertising and Sales Promotion. The ICNApedia editor must approve all advertisements before publication.
(iii) Non-conventional therapies
Where the advertisement relates to non-conventional therapies, the advertiser must submit full supporting evidence of efficacy with the copy. The ICNApedia editor must approve all advertisements before publication.
(iv) Health and beauty products
All advertisements should conform to the general guidelines of the British Code of Advertising and Sales Promotion and should in addition meet the following standards:
Hair and scalp
Advertisements should confirm to guidelines of the British Code of Advertising and Sales Promotion.
Cosmetics
Claims made about the action that a cosmetic has on or in the skin should be backed by evidence in the form of human trials. Such evidence should be available for inspection by consumers. If not, the advertisement should carry a clear indication such as “Not backed by evidence” or “Evidence not available to scrutiny.” Advertisements should make it clear if the effects of a cosmetic are due to the composition of the product or the way in which it is applied, such as massage. This distinction should also be based on scientific evidence.
Skin lighteners
Creams that are intended to lighten the skin colour should state clearly that this is their intended purpose and include possible side effects of such preparations. Misleading phrases such as “brighten the skin” should not be used.
Anti-ageing creams
Advertisements for cosmetics which claim to prevent, delay, or mask premature ageing of the skin temporarily should be backed by evidence in the form of trials conducted on people, which are available for scrutiny by consumers.
All advertisements should be submitted for editorial approval.
(g) Services claiming therapeutic effect
(i) Slimming clinics
Whether the advertisement promotes the services of the clinic or seeks to recruit staff, three assurances must be sought from the clinic’s director before the ICNApedia editor will consider the advertisement for publication:
· The clinic must be a registered company.
· It must be run and staffed by medically qualified people who are able to make independent medical decisions.
· Its staff must be familiar with and operate within the General Medical Council’s criteria for good practice and the Guidelines for Doctors Employed by Private Organisations providing Clinical Diagnostic or Medical Advisory Services and the guidance given on appetite suppressants in the current issue of the BNF.
When an advertisement is received from a slimming clinic, its director must submit a letterhead showing company registration and sign a declaration guaranteeing conformity with above. Only then will the advertisement (with the declaration) be passed on for editorial approval. In addition to the above, if an advertisement promotes services offered by the slimming clinic, it must conform to guidelines of the British Code of Advertising and Sales Promotion.
(ii) Cosmetic clinics
Whether the advertisement promotes the services of the clinic or seeks to recruit staff, the clinic’s director must give two assurances before the ICNApedia editor will consider the advertisement for publication:
The clinic must be a registered company.
Its practices must conform to the advice offered by the BMA Guidelines for Doctors Employed by Private Organisations providing Clinical Diagnostic or Medical Advisory services.
When an advertisement is received from a cosmetic clinic, its director must submit a letter showing company registration and must sign a declaration guaranteeing conformity with above. Only then will the advertisement be submitted (with the declaration) for editorial approval.
In addition to the above, if an advertisement promotes services offered by the clinic, it must conform to guidelines of the British Code of Advertising and Sales Promotion.
(iii) Pregnancy advisory, sterilisation, vasectomy, and pregnancy testing services
All advertisements must be submitted for editorial approval.
(h) Non-medical services
(i) Financial services
The ICNA negotiates special rates with numerous preferred suppliers on behalf of its members.ICNApedia is contractually unable to accept advertisements from competitive service suppliers without the prior permission of the ICNA.
(ii) Travel agents
All advertisements for travel services to appear in ICNApedia should be submitted to the ICNApedia administrator for approval.
Advertisements for travel services to appear in the ICNA publications including ICNApedia should be submitted for editorial approval.
Advertisements will be accepted, provided that the company is registered and is ATA/ABTA bonded.
(iii) Mail order
No advertisements will be accepted if they request cash with the order.
(iv) Locum agencies
Until 1994, advertisements from locum agencies were accepted, provided that the agency was registered with the Department of Employment and held an employment licence number.
After deregulation in October 1994, a locum agency needs only to provide evidence that it is a registered company and signs a statement confirming that all claims can be substantiated should a challenge arise. If challenged and unable to provide substantiation, the advertisement will be withdrawn and all future copy claims will have to be substantiated before publication
This procedure is forced by the extraordinary sensitivity of the locum market. Independent of this procedure, the NHS Purchasing and Supply Agency checks the published ads of national contract holders to ensure conformity with NHS guidelines.
(v) Escort agencies, introductory services, and private advertisements
Escort agencies, introductory services, and dating agencies exist to meet a demand. There is no reason to believe that the demand does not exist among the medical community. ICNA / ICNApedia therefore accepts advertisements from this group of advertisers as it does from any advertiser promoting a service of use to doctors. Advertisements should be submitted to the ICNApedia editor for approval and should conform to the general principles of the British Code of Advertising and Sales Promotion.
(vi) Property advertisements
Property advertisements are accepted subject to the usual adherence to the British Code on Advertising and Sales Promotion.
Where property or land is being sold as part of a land banking scheme or where fractional land plots are being sold, the advertiser must be registered with the FSA.
(i) Recruitment advertisements
Intending applicants are solely responsible for checking terms and conditions of service. Warnings to this effect appear in ICNApedia. Applicants are also asked to bear in mind that the US law does not apply to advertisements from other countries.
Some job advertisements are subjected to particular scrutiny/monitoring:
Slimming/cosmetic surgery clinics—see sections 1 (f) (i) and 1 (f) (ii)
Locum agencies—see section 1 (g) (v)
Overseas posts, if potentially discriminatory in UK law, but not in the country which the post will be based, must be submitted to the ICNApedia editor for approval.
(j) Discrimination
ICNApedia now publishes all advertisements that conform to the Race Relations Act and the Sex Discrimination Act.
Where exemptions are claimed by the advertiser, she or he will be sent a declaration for signature to cover the publisher liability of ICNApedia or The ICNA.
(k) Advertisement features (advertorials)
ICNApedia or The ICNA accepts advertisement features (advertorials) subject to editorial approval and provided that the following criteria are met:
The whole advertisement should appear in a box, which should be centred on the page. A minimum of a 10 mm gap should separate the box and the edge of the page.
The words “Advertisement Feature” should be prominently displayed between the top of the box and the top of the page.
Advertisers should have no intention to imitate the editorial style of the BMJ or any of the BMJ Journals.
The typefaces Plantin, Baskerville, and any other typeface closely resembling these must not be used in body count, headlines, and crossheads.
Copy should not be presented on any grid pattern that matches part of the BMJ or the BMJ Journals.
Tints that commonly appear on ICNApedia must not be used, thereby avoiding confusion with editorial matter.
All clinical photographs should be accompanied by written permission for their use, provided by the patient, guardian, or next of kin. Bars across the eyes are not acceptable for masking identity and should not be used. (This condition is applied to clinical photographs used elsewhere in journals published by the ICNA.
Where possible, advertisers should provide copies of references used in the text.
ICNA approval or acceptance should not be implied in the copy or in any offers.
The ICNApedia editor retains the right to amend any copy.
Draft copy should be submitted to the ICNApedia editor at least four weeks before the cover date. This period may be reduced at the ICNApedia editor’s discretion.
The sponsoring company’s name must appear somewhere in the advertisement feature.
Advertisement features should be restricted to a maximum of two per edition.
(l) Political and politically sensitive advertising
ICNApedia or The ICNA avoids identifying itself with particular political parties. At election times efforts are made to achieve balance in coverage of the proposals and policies of the major parties. There might thus be an argument for not carrying advertisements from political parties, but refusing to carry legal and decent advertisements would be againstICNApedia or The ICNA’s liberal policy on advertising. ICNA / ICNApedia will therefore carry political advertising if it conforms to the British Code of Advertising and Sales Promotion. The advertisement should, however, be approved by the ICNApedia editor or his or her deputy.
In the case of advertisements making non-party political points, we will follow our liberal policy, but all advertisements should be approved by the ICNApedia editor or deputy editor.
There are times when certain advertisements will create political sensitivities—perhaps for example, because they come from bodies that are in dispute with the ICNA
If an advertisement is thought to be politically sensitive then it should be approved by the ICNApedia editor or deputy editor.
(m) Accusations against advertisers
The ICNA takes seriously all accusations against advertisers, but complainants must be advised that they can gain redress only through the usual legal channels.
The advertiser should be invited to respond to accusations. The advertiser may accept the complaint and revise the advertisement, or may argue that that the complaint is unjust.
The advertising manager will consider all complaints against advertisers and their responses, and sometime may decline further advertising. This step can rarely be taken after a single complaint but may be taken after several independent complaints.
