Terms & Conditions
1. It is the Advertiser’s responsibility to check the correctness of the Advertisement. The Advertiser warrants that any Advertisement submitted by it for publication shall comply with all applicable laws, legislation, regulations, codes of practice and is not an infringement of any other party’s rights. The Advertiser hereby grants a world-wide non-exclusive, fully paid licence to reproduce and display the Advertisement (including all contents, trade marks and brand features contained therein). The Advertiser will indemnify the Publisher fully for all costs, expenses, damages or liability whatsoever (including legal costs and awards ordered against the Publisher) in respect of any claim made against the Publisher arising from the Advertisement or its publication or as a result of any breach or non-performance of any of the representations, warranties or other terms contained herein or implied by law.
2. The Advertiser warrants that all copy submitted to the Publisher (including any linked website) is legal, truthful, honest and decent and otherwise complies with the British Code of Advertising, Sales Promotion and Direct Marketing and all other relevant and applicable codes, guidance or regulations under the remit of the Advertising Standards Authority.
3. The Advertiser warrants that any Advertisement in relation to any investment or financial promotion (as defined under the Financial Services and Markets Act 2000) has been approved by an authorised person within the meaning of the Act or the Advertisement is otherwise permitted under the Act, the Financial Promotion Order 2001 or any other legislation subordinate to the Act.
4. The Publisher will exercise reasonable care and skill in the handling and publishing of the Advertisement but where the Advertisement is not published in the manner specified in the Contract, whether through any failure or negligent act or omission on the part of the Publisher or any third party, the Publisher’s maximum liability to the Advertiser shall be limited to publishing the Advertisement (or a replacement Advertisement if provided by the Advertiser) as soon as is reasonably practicable in the period following the period during which the Advertisement was scheduled to run. The Publisher shall not be liable for any indirect, special or consequential loss or damage arising from any failure to publish an Advertisement as agreed with the Advertiser, including, but without limitation, any late or incorrect publication, any non-publication or inaccurate reproduction of the Advertisement, whether caused by the Publisher’s error or negligence or by any reason whatsoever.
5. If the Advertiser fails to provide the Publisher with written notice of cancellation of the Advertisement 28 days before the relevant deadline, the Advertiser shall remain liable for payment of the Advertisement.
6. In circumstances where, at the Publisher’s discretion, the Publisher arranges to supply proofs of Advertisement copy to the Advertiser, all copy must be supplied by the Advertiser to the Publisher by the last day for receiving copy as stated by the Publisher, failing this the Publisher cannot guarantee that proofs will be supplied or corrections made. If copy instructions are not received by the last day for receiving copy the Publisher reserves the right in its absolute discretion to repeat Advertiser’s existing copy or amended copy in its possession where appropriate or where the Publisher does not hold any copy to omit the Advertisement and to charge for the space reserved in accordance. For copy supplied, the Advertiser must adhere to the Technical Specifications issued by the Publisher. In the event that the Advertiser does not comply with the Technical Specifications, the Publisher reserves the right in its absolute discretion to reject the copy and the Advertiser will be asked to re-supply. If, due to technical, time or other reasonable constraints, the Publisher has to repair or rectify the file, the Publisher may (at its discretion) notify the Advertiser and shall not be liable for any inaccurate reproduction of the Advertisement or any resulting costs whether direct or indirect
7. The Advertiser does not have sole or monopoly rights in respect of items being advertised in the publication(s) and accepts that the advertisements of competitors providing similar services or items may be included in the publication(s).
8. (a) Unless otherwise stipulated by the Publisher, payment is due to be received from the Advertiser within 14 days following receipt of the invoice. (b) The Advertiser shall not set-off or claim to set-off for any reason whatsoever any sum or amount whether in dispute or agreed which may be payable by the Publisher to the Advertiser against any sum or amount whatsoever payable by the Advertiser to the Publisher. (c) If the Advertiser defaults in making payment of any sums by the due date, the Publisher reserves the right to require immediate payment for all Advertisements booked by the Advertiser (failing which the Publisher shall be entitled to terminate the Contract forthwith by written notice to the Advertiser) and to require payment in advance for future Advertisement bookings, and pending such payment to omit or suspend all or any Advertisements due to appear under an existing Contract with the Advertiser.
9. The Publisher shall be entitled to charge interest on any outstanding balance owed to the Publisher at the rate of 4% above the base rate of HSBC Bank plc from the date that the invoice became due for payment until the date it is paid in full.
10. Any queries concerning an invoice must be raised with our Credit Control Department within 10 working days from the date of invoice.
11. Unless otherwise stated, distribution will take place with the specified publication, to the individual addresses which receive a copy of the publication within the area and on the date(s) scheduled. This does not imply 100% penetration of all addresses within the area.
12. Whilst every effort will be made to meet the agreed schedule, the company reserves the right to vary both the method and the timing of the distribution.
13. The stated distribution objectives and overall quantity distributed are subject to a variance of up to 10% within the terms of the contract.