These terms govern the contractual relationship between you (the "Client") and Toddle About.
The Client's advert will be placed in the publication or publications agreed with Toddle About at the time of ordering unless expressly agreed otherwise.
The Toddle About magazine will be published four times per year in the months of January, April, July and October, together with any additional publication dates added by Toddle About from time to time. More detailed publication dates in relation to the Client's order are set out in the applicable order confirmation form issued by Toddle About.
The Client's final proof of their advert for publication should be sent to Toddle About (by post to Caswell House, Caswell, Towcester, Northamptonshire, NN12 8EP, or by email to (click to reveal) no later than 14 working days prior to applicable publication date. Client proofs will be accepted in the following formats:
Toddle About will try and accommodate other file formats but cannot guarantee compatability or correct printing unless the above formats are used.
Toddle About seeks to operate in an ethical manner. Accordingly there are product types which will not be advertised (examples of which are: tobacco, alcohol, and weaponry). A full list of product types is available upon request.
Further it is Toddle About policy to refuse advertising which could be considered to be offensive, misleading, inappropriate or harmful to the 'Toddle About' brand. Accordingly, Toddle About reserve the right to accept adverts or instructions from potential Clients at its sole discretion.
Where Toddle About undertake any design work for the Client, any existing intellectual property rights shall remain with the Client, and any new intellectual property rights arising upon the creating of any work shall vest in Toddle About unless otherwise agreed.
Invoices will be submitted by Toddle About on the earlier of: (i) approval by Toddle About of the final Client proof; and (ii) 21 days before the applicable publication date.
Payment will be due from the Client no later than 7 days following applicable publication date.
Early Payment Discount: Clients will be eligible for a 5% discount on their invoice if they pay their invoice more than 30 days before the proposed publication date.
Toddle About reserve the right to charge interest and claim compensation on any money overdue in accordance with these payment terms in line with current legislation.
A Client may terminate their commitment to place an advert at no charge up to 30 days prior to publication date for the January issue, and up to 21 days prior to publication date for all other issues. Any termination between 21 and 30 days (inclusive) for the January issue, and between 14 and 20 days (inclusive) for all other issues, before the applicable publication date will incur a charge equal to 50% of the applicable invoice. Termination thereafter will be considered too late to withdraw the advert from publication, and so the full fee on the applicable invoice will be due.
Charges for design work for adverts will be non-refundable.
Toddle About shall use reasonable skill and care in discharging its obligations arising under these terms and conditions.
Toddle About will use its reasonable endeavours to issue its publications to the public on the relevant publication dates specified, however Toddle About will not be held liable for any issues arising as a result of late publication. Toddle About will inform affected Clients of any delays to publication as soon as reasonably practicable.
The Client is fully responsible for the content of the advert, which must comply with the British Code of Advertising Practice, and any other applicable legislation or regulatory guidelines to which such advert may be subject and any claims by a third party of infringement of their intellectual property rights (save for those expressly reserved to Toddle About outlined above). The Client will indemnify Toddle About for any claims arising as a result of a Client's breach of its obligations under this paragraph.
Any design work carried out by Toddle About will be to the specification of the client, and is subject to the written consent of the client. In approving any design created by Toddle About, the Client is agreeing that the content is as they requested, and is accepting full responsibility for the content of the advert.
Notwithstanding the foregoing Toddle About shall not be liable for loss of business, profits, anticipated earnings or savings or loss of or damage to any data belonging to the Client or any third party, or any indirect incidental, special or consequential loss howsoever arising. Toddle About maximum liability to the Client, howsoever arising shall not exceed the value of the Toddle About fee quote (or invoice value if issued) in relation to the work undertaken by Toddle About for the applicable advert.
Nothing in these terms and conditions shall limit Toddle About liability for death or personal injury arising from fraud, or arising from Toddle About' negligence. A Client's exclusive remedy shall be the entitlement to free publication of adverts in future publications as Toddle About, in its sole discretion, considers reasonable. Toddle About shall be liable for its failure or non-performance of its obligations to the Client under these terms and conditions to the extent that such non-performance is due to a matter beyond its reasonable control (including without limitation, acts of God, fire, flood, strikes, civil commotion, electricity failures).
These terms and conditions constitute the full and final terms between Toddle About and the Client and supersede any and all other agreements relating to such subject matter.
These terms and conditions are not intended to create rights of any third party to enforce these terms and conditions under the Contracts (Rights of Third Parties) Act 1999.
The relationship between Toddle About and the Client shall be governed by the laws of England and Wales.