Terms & Conditions

The publisher reserves the right, at its sole discretion, to accept or reject orders for advertisements or inserts. When advertisements are placed, the publisher reserves the right to accept or reject individual advertisement texts. It may base its acceptance or rejection on the application of uniform principles regarding the content, origin or technical format of the advertisement. The publisher also reserves the right to reject advertisements placed by publishing representatives or other agencies. The client shall be notified of the rejection without delay. Orders that have been firmly placed cannot be cancelled, even if the internal layout, design, scope, title or ownership structure of the magazine are changed, or if individual advertisement templates have been rejected by the publisher in accordance with sentence 2. In the event of changes to advertising rates, the new terms shall also apply to current orders, taking effect immediately in the case of price reductions and one month later in the case of price increases. The current rates are indicated in the magazine's imprint.

By signing, the client confirms that they are authorised to place the order.

Any special requests from the client regarding competitors, placement and design of the advertisement shall only be deemed part of the order if they are confirmed by fax or email.

The client is responsible for the timely and complete delivery of all print materials, in particular the advertisement text. If the publisher does not receive the advertisement and print materials either at the time the order is placed or within three weeks of the order being placed, it is entitled to design and produce the advertisement itself using the information available to it. Any costs incurred shall be borne by the client. The client confirms that the templates provided have been approved for reproduction and duplication.

Design, typesetting and lithography costs, as well as costs for drafts, final artwork, etc., are not included in the advertisement rates. These are to be paid by the client separately from the advertisement rates, on a time-and-materials basis. Upon payment of these costs, the rights of use for free use and reproduction are transferred to the client.

Proofs shall be sent to the client and must be expressly approved for use.

The publisher accepts no liability whatsoever for errors arising from telephone communications of any kind.

The publisher guarantees the best possible reproduction of the advertisements, subject to the limitations of the printing process. If defects in the print files provided by the client cannot be detected immediately but only become apparent during printing, the client shall have no right to make a claim under the warranty. Furthermore, in the event of the advertisement being printed in a wholly or partially illegible, incorrect or incomplete manner, the client shall be entitled exclusively to a reasonable replacement advertisement in the form of additional advertising space provided free of charge, to the extent that the purpose of the advertisement has been impaired. Any further liability on the part of the publisher is excluded, unless the publisher is responsible for the defects due to gross negligence or wilful misconduct. Defects that impair the advertisement only to a very minor extent do not entitle the client to compensation. Erroneously printed reference numbers or control details provided by the client impair the purpose of the advertisement only insignificantly and do not entitle the client to lodge a complaint or make claims for compensation. In the case of all colour reproductions produced by any reproduction process, colour deviations are possible and, if they occur, do not entitle the client to make a complaint or claim compensation unless the colour scheme is an integral part of the order and the client has placed particular emphasis on this. This also applies to colour deviations between proofs and final prints. No guarantee is given regarding the placement of advertisements in specific positions or in specific issues. If advertising orders contain placement specifications, the advertising order itself shall be deemed to have been placed bindingly under all circumstances, even if the specifications cannot be met. The standard rates shall be charged for accepted placement specifications. In the event of non-compliance with accepted placement specifications, the client shall only be entitled to a reduction of up to the amount of the standard rate charged for the placement specification. The exclusion of competitors is not permitted.

Unless otherwise agreed, the advertisement will be published once in the specified issue. The publisher reserves the right to postpone publication dates for technical or other reasons.

The publisher must be notified immediately of any changes to the text that become necessary after the order has been placed. The costs incurred as a result shall be borne by the client and must be paid by the client separately in addition to the advertisement price.

Complaints of any kind may only be made in writing within 8 days of the advertisement's publication. The client must provide evidence of compliance with this deadline. In the event of justified defects, rectification shall be provided at the publisher's discretion.

Should the client fail to fulfil the contract, the publisher is entitled to claim 100% of the damages incurred. If the breach of contract occurs at a time when the publisher has not yet commenced typesetting and layout work for the advertisement, the fixed compensation amount shall be 35% of the advertisement price. If typesetting and layout work has already been carried out, the fixed compensation amount shall be 70% of the advertisement price. The calculation of the fixed compensation amount is without prejudice to the client's right to prove that the loss was lower, or the publisher's right to prove that the loss was higher.

In case of doubt, advertising orders must be placed within one year of the contract being concluded. The discounts specified in the advertising rate card are granted only for advertisements by an advertiser appearing in a publication within one year. The period shall commence upon the publication of the first advertisement, unless a different start date has been agreed in writing at the time of conclusion of the contract. In the case of a volume contract, the amount of the discount shall be determined by the volume of the contract. If larger formats are purchased, only one advertisement may be deducted from the contract, unless the total volume of millimetres purchased justifies the higher discount. If fewer advertisements are purchased within a year than agreed, the publisher is entitled to charge the difference between the discount granted and the discount corresponding to the actual purchase based on the price list.

Advertising brokers and agencies are obliged to adhere to the publisher's price lists in their quotations, contracts and invoices to advertisers. The commission paid by the publisher to the broker must not be passed on to the client, either in full or in part.

The advertiser is entitled, with retroactive effect, to a discount corresponding to their actual purchase of advertisements within a one-year period, provided they placed an order eligible for a discount at the start of that period. The entitlement to a further discount lapses if it is not claimed within one month of the end of the advertising year at the latest. The retroactive discount shall be granted in cash upon request. The advertiser must provide evidence of entitlement to the retroactive discount.

Temporary interruptions to the publication of advertisements due to force majeure, strikes, lockouts or operational disruptions do not constitute grounds for termination of the contract. Claims for damages are excluded.

If an order is not fulfilled, in whole or in part, for reasons beyond the publisher's control, the client is nevertheless obliged to pay the full advertising rate. The corresponding final invoice, which may initially be issued for only a partial amount, is due for payment regardless of whether the entire publication period has already expired.

The assignment of claims arising from the advertising contract by the client is not permitted.

Upon request, the publisher will provide a copy of the advertisement free of charge after it has been published. A full copy number will be provided, provided that the nature and scope of the advertisement order justify this. If a copy can no longer be obtained, a PDF will be provided instead.

Charges are calculated on a per-page basis; for occasional advertisements, charges are based on the actual print height.

If the client does not make an advance payment, the invoice shall be due at the latest upon publication of the online edition. The publication date of the print edition is not decisive and does not extend the due date.

In the event of late payment, interest and collection costs will be charged. The publisher may suspend further fulfilment of the order until payment is made, or may require payment in advance. In the event of bankruptcy, the total amount for any advertisements yet to be published becomes due immediately. Any agreed discount shall lapse in the event of bankruptcy, compulsory composition or legal proceedings.

Should any provision of these terms and conditions be or become invalid, the remainder of the contract shall remain valid in accordance with the provisions of these terms and conditions.

The publisher stores data relevant to dealings with business partners for processing in automated systems.

The place of performance for all orders and the exclusive place of jurisdiction for all orders, irrespective of the amount in dispute, is La Valetta, Malta.