Terms and Conditions
Booking Terms and Conditions (Advertising)
All material deadlines must be adhered to. Failure to deliver materials on time can incur a full fee as per advertisement booking. Any negotiated rates, added value and positioning is valid for the confirmed booking only. All prices quoted and agreed upon are net of tax.
Cancellation Policy – All cancellations requested more than 24 hours, but less than 72 hours after booking, will be charged at 50% of the agreed rate. Cancellations requested after 72 hours of the booking date and time will be charged at 100% of the agreed ad rate. Any cancellations of an ad within a schedule will be charged at the full media kit rate. All cancellations must be provided in writing. Our cancellation policy reflects the production costs of layouts being changed after completion.
Disclaimer – While internal production processes may verify that material is within specifications, the onus is firmly on the client/agency to supply material within specification. It is also a requirement that advertising materials be delivered on time so quality checking procedures can take place. FMG Publishing reserves the right to select the orientation of the quarter and half page ad to best suit the article layout. FMG Publishing reserves the right to refuse any advertising material that does not meet our specifications.
Editorial Terms and Conditions
FMG Publishing Inc. retains reproduction and alteration rights for all editorial and releases reproduction rights to all clients involved in advertising and editorial content.
While we guarantee publication if all requested materials are provided, space in the print version of our magazines is strictly limited and while we will make every effort to include all articles, ultimately this is at the Editor’s discretion. On some occasions certain articles may be omitted from the print edition.
Upon receipt of the materials requested, FMG Publishing Inc. is committed to the editorial project and, under circumstances where an interview is not made available prior to editorial deadlines, the editor reserves the right to publish an article based on public domain information.
Payment Terms and Conditions
a) Unless otherwise agreed in writing, all prices are strictly net of HST and the Buyer shall make payment such that it is received by the Seller within thirty (30) days after the date of the Seller’s invoice.
b) Time for payment of the Seller’s invoice(s) will be of the essence such that if payment is not made in accordance with the above payment terms, the Buyer agrees and acknowledges the Seller shall be immediately entitled to:
1) Suspend all further orders or the supply of goods and services or deliveries until all outstanding monies have been paid or to require the payment of cash upon delivery of any further goods.
2) The forthwith payment of all amounts owing by the Buyer to the Seller, whether or not such amounts are then due for payment.
3) Charge the Buyer a monthly account keeping fee being the greater of $50.00 or 5.0% of the total of any and all monies which remain overdue for payment on the first day of each month.
4) Charge the Buyer an administration fee of $50.00 per month or on any part of a calendar month in which monies remain overdue for payment or in the event that a cheque presented for payment is subsequently dishonoured.
5) Charge the Buyer interest at the rate of 3.0% per month calculated on a daily basis from the due date of payment on the total of any or all monies which remain overdue for payment from time to time and such interest shall accrue before as well as after any court Judgment which is entered against the Buyer.
6) Recover from the Buyer all damages, expenses, legal fees (including but not limited to all fees payable by the Seller to a Solicitor) and costs of collection incurred (which means and includes all fees, costs and commissions, whether actually payable or contingently liable to be paid to a mercantile agent on the recovery of a debt) by the Seller in exercising or attempting to exercise the Seller’s rights in relation to these Terms and Conditions of Sale or howsoever otherwise incurred, in addition to all other remedies the Seller may have at law.
7) Apply all payments received from the Buyer in the consecutive priority of firstly satisfying any and all monies remaining unpaid in accordance with clauses 3 to 6 and thereafter in satisfaction of any and all other monies outstanding to the Seller.
8) Register a caveat against the title to all land or to charge any property or asset currently or in the future owned or partly owned or acquired by the Buyer as beneficial owner or as the trustee of any trust, or upon which the Buyer is registered on the title as a proprietor, to secure the obligations of the Buyer under these Terms and Conditions of Sale and the Buyer further agrees and grants to the Seller the right to appoint a Receiver to sell any such land or property or asset for the benefit of the Seller in accordance with these Terms and Conditions of Sale.