This Order is subject to acceptance by M/s Eastern Book Company, 34 Lalbagh, Lucknow — 226001 (“Publisher”) in part or in full of the booking amount for the insertion of an advertisement (“Advertisement”) in its journal The Practical Lawyer (“Magazine”) and will amount to acceptance of the terms and conditions (“Terms and Conditions”) by the party placing the order (“Advertiser”) which includes any advertiser, advertising agency or media buyer, or any person/s or agency/s in some other representative capacity authorised by a company, individual or in-house client.
No conditions, printed or otherwise, appearing on contracts, orders or copy instructions which conflict with, vary, or add to these Terms and Conditions or the provisions of the Magazine's then current Rate Card will be binding on the Publisher and to the extent that the Terms and Conditions contained herein are inconsistent with any such conditions, these Terms and Conditions shall govern and supersede any such conditions.
The Publisher has the right to insert the Advertising anywhere in the Magazine and determine distribution of same, at its discretion, and any condition on contracts, orders or copy instructions involving the placement or geographic segmentation of advertising within an issue of the Magazine (such as page location, competitive separation, placement facing editorial copy, or advertising segmented to the geographic distribution of the Magazine) will be treated as a positioning request only and cannot be guaranteed. The Publisher's inability or failure to comply with any such condition shall not relieve the agency or Advertiser of the obligation to pay for the advertising.
The heavy demand on advertisement pages restricts the guarantee of specific publication dates. Although requested dates will normally be adhered to, it would assist the Publisher if alternative dates are provided by the Advertiser. If space limitations prevent publication of an Advertisement on the specific date requested, in the absence of an alternative date the Advertisement may automatically be transferred to the following month's issue.
Placement of Advertisement is at the sole discretion of the Publisher. Any positions specified on contracts or orders, except covers, shall be considered requests only and not conditions of purchase. The Publisher reserves the right to decline any Advertisement without giving any reasons for the same. The Publisher will not be liable for any consequential loss or damage occasioned by the failure of any Advertisement to appear from any cause whatsoever nor does it accept liability for errors in any Advertisement published, nor its failure to appear on a specified date. However, the Publisher will use reasonable efforts to comply with the wishes of the Advertiser although it does not warrant the date or position of insertion, the wording or the quality of the Advertisement's reproduction. The Publisher or printers will not be liable in any manner for any delay or omission in printing/publication of any issue or for delay in despatch or transmission of the issue for any reason whatsoever.
All Advertisements are accepted and published in the Magazine upon the representation and warranty by the Advertiser and agency that: (a) they are authorized to publish the entire contents and subject matter thereof both in print versions of the publication and in any other media (including by way of example and not limitation electronic on-line delivery and microfilm, microfiche, or electronic archival reproductions and revisions of the publication); (b) such publication does not contain any material that is false, misleading, or defamatory; (c) neither the publication nor any product or service advertised is harmful or violates any law or governmental regulation in any jurisdiction; and (d) such publication does not violate any personal, proprietary, statutory, or contractual right of any party, including, but not limited to any copyright, trademark or service mark, right of publicity or privacy, securities regulations, laws against misappropriation or unfair competition, or any other statutory or common law right now existing or hereafter recognized or enacted. The Advertiser and agency will, jointly and severally, defend, indemnify, and hold the Publisher harmless from and against any and all losses and expenses (including, without limitation, attorneys' fees) arising out of the publication of such Advertisements in the Magazine, including, but not limited to, any claim arising out of any actual alleged occurrences or omissions that would constitute a breach of any of the foregoing representations and warranties.
All orders for print advertising must be placed on this order form, in written contract form or a signed letterhead by the Advertiser. Verbal reservations, orders or cancellations are not accepted. All written orders must follow the guidelines mentioned below:
• Please provide us with advertisement/s in CD in Corel Draw 11.0 or 12.0 or in PDF format with fonts, in CYMK colour format, and a coloured printout of the advertisement in order to ensure accurate colour reproduction.
• Orders must specify the issue, edition, ad size, colour and rates.
• All orders must reflect the rates agreed to by the Advertiser and the Publisher prior to the submission of the order, and will be billed as such.
• Disclaimers removing or limiting an agency's or in-house client's responsibility for payment, or any other terms in conflict with the terms of this order or the advertising rate list, are not accepted.
• The agency waives any defence of sequential or conditional liability to timely payment.
• Upon issuance of a new rate card affecting contracts already in force, insertions will be billed at the new rates.
• Execution of an order is subject to Publisher's approval of copy, text, illustration and display.
• The Publisher will not be bound by any conditions, printed or otherwise, appearing on orders or copy instructions when such conditions conflict with the regulations set forth in the above order or the advertising rate list.
The Publisher cannot accept responsibility for errors in key numbers or other typesetting errors or changes in copy unless these are confirmed in writing before the copy deadline or such later date as agreed by the Publisher. The Publisher reserves the right to charge for any additional expense involved in such changes
The Publisher will not be responsible for consumer response to mailings sent out, nor will the Publisher in any way be held accountable for the number of or the rate of response to Advertisement placed.
Advertisement should accompany full payment in advance either by Cheque/D.D. in favour of “M/s Eastern Book Company, Lucknow”.
The Advertiser's signature on the Order form is confirmation of his having received a copy of this order and his acceptance of these Terms and Conditions.
While every effort will be made to avoid any mistake or omission, the Advertisement(s) displayed in is/are being done on the condition and understanding that neither the editors nor the Publisher nor the printers would be liable in any manner to any person or institution by reason of any mistake or omission in it/them, for any damage or loss of copy, artwork, photographs or other materials supplied in connection with the Advertisement, or for any action taken or omitted to be taken or advice rendered or accepted on its/their basis. Further, the Publisher shall not be subject to any liability whatsoever for any failure to publish or circulate all or any part of any issue(s) of the Magazine because of strikes, work stoppages, accidents, fires, acts of God or any other circumstances not within the control of the Publisher. These Terms, together with any related insertion order accepted by the Publisher for publication in the Magazine, shall be governed and construed in accordance with the laws prevailing in India.
The Publisher reserves the right to destroy all materials received in connection with the Advertisement, which have been in its custody for one month, without giving further notice to the Advertiser.
All Advertisements are accepted by the Publisher on the representation of the agency and the Advertiser that both are authorized to publish and authorize third parties to publish the entire contents of the Advertisement.
The Advertiser grants a non-exclusive licence to the Publisher to its trademarks, tradenames and all other copyrightable material for the limited use of publishing the Advertiser's advertisement in the Magazine.
All disputes arising out of this agreement shall be subject exclusively to the jurisdiction of the Courts, Tribunals and Forums at Lucknow only.
