Conditions of Acceptance of Advertisements
The following conditions govern the Publisher’s dealings with all advertisements of any kind and in any format(referred to below as “adverts”) submitted for publication in the Publisher’s print/digital publications and/or websites.These conditions apply to each contract for the publication of an advert.
1. “The Publisher” means the proprietor of the publication and/or the website in which the advert appears. “The Advertiser” means the person, firm, company, organisation, or representative of any such party, who places an order with the Publisher for the insertion of an advert in any of the Publisher’s print/digital publications dand/or websites.
2. The Advertiser warrants that:
a) it has full power and authority to enter into a contract for the publication of an advert on these conditions and perform its obligations under all such conditions;
b) the advert (and any description of any goods, services or schemes featured in it) is accurate and not misleading, deceptive or fraudulent, and does not include or amount to any aggressive commercial practice or otherwise contravene the provisions of the Consumer Protection from Unfair Trading Regulations 2008 or the Business Protection from Misleading Marketing Regulations 2008;
c) the advert complies with all relevant laws, statutes, regulations and codes of practice applicable in the UK, the European Union and any territory targeted by the advert, including the British Code of Advertising Practice currently in force and the codes, rulings, determinations and requirements of the Advertising Standards Authority;
d) the advert does not include, or provide access to, any promotion or advertisement of any activities, services or products of an unlawful or immoral nature, such as hate or abuse, mail fraud or spam, racism or discrimination of any manner, illegal substances, pornographic materials, pyramid schemes, betting and gambling, weaponry, and politically sensitive materials;
e) any advert offering credit or hire facilities complies with the Consumer Credit Act 1974 and all regulations made under it;
f) in respect of any advert offering financial products and/or investment services or advice, the Advertiser and the advert comply with the provisions of the Financial Services and Markets Act 2000 and all regulations made under it, and will ensure that the advert does not suggest (including by implication) that the products, services or advice being advertised are promoted or endorsed by the Publisher;
g) the publication of an advert will not breach any contract or infringe any copyright, trademark, intellectual property right or other personal or proprietary right of any person;
h) if the advert contains information from which any living individual could be identified (for example, a person’s name or picture), the Advertiser has obtained that individual’s consent to the submission and publication (and re-publication) of the advert by the Publisher, and their acceptance of these conditions; and
i) the advert is not defamatory, does not constitute contempt of court, complies where relevant with the Representation of the People Act 1983 and subsequent election law, and is decent, honest and truthful.
3. Advertisers placing adverts offering goods or services of a business, commercial or trade nature will be deemed “Trade Advertisers”, and as such, must include their names in the advert. Trade Advertisers must make it clear they are selling goods in the course of business either by content, format, size or place of the advertisement, or by including words such as “trade”,“dealer”, “agent”, “wholesaler”, “(T)” etc, in each adverts they submit for publication.
4. Subject to clauses 7 and 8 hereof, the Publisher accepts no liability whatsoever for any loss or damage however caused, arising out of: a) any error, inaccuracy or omission in the printing of any advert; b) any failure to publish an advert on the day/date or days/dates specified by the Advertiser; c) breach by the Advertiser of any of the warranties set out in clause 2 above; d) any delay in forwarding, or omission to forward, replies to box numbers to the Advertiser. or e) the publication (or any re-publication in accordance with clause9) of any advert.
5. The Publisher will use reasonable endeavours to publish adverts on the day/date or days/dates specified by the Advertiser but insertion days/dates cannot be guaranteed. In particular, the Publisher reserves the right to delay publication of the advert in the event of any urgent or important news-related occurrences (such as terrorist attack, war, major disaster or other important news events).
6. The Publisher does not review any adverts submitted by any Advertiser before publication. In the event that the Publisher has reason to believe or becomes aware prior to publication that the contents of the advert is in breach of these conditions, the Publisher reserves the right to reject the advert, and in such a case, the advert will not be published and the Advertiser will remain liable to pay the Publisher’s full charges.
7. Whilst every effort is made to minimise errors in adverts, mistakes sometimes occur. The Publisher will use reasonable efforts to ensure that adverts submitted by Advertisers are reproduced for publication accurately at all times. However, Advertisers should check their adverts and inform the Publisher of any errors immediately. The Publisher cannot accept responsibility or liability for any errors within a published advert that:
a) were present in the version of the advert submitted by the Advertiser; or
b) that have not been notified to the Publisher in writing by the Advertiser within 6 days following first publication of the relevant advert. Typographical or minor changes which do not affect the value or meaning of an advert will not count as errors for the purposes of this clause 7. Without prejudice to clause 3, the Publisher’s liability for any errors it introduces into an advert, where proved, is limited to the fees paid by the Advertiser for the advert in question. Without obligation, the Publisher may, at its discretion, settle any such liability by giving a credit for its charge for the advert or publish a corrected version of the advert without charge. The Publisher reserves the right to make reasonable changes to the size of adverts as they appear on the publication, and for the avoidance of doubt, makes no guarantee that an advert will appear exactly in accordance with any size specifications given. Adverts purported to be “full-page” or “half-page” shall be sized at the Publisher’s sole discretion.
8. The Publisher’s agreement to publish an advert is conditional upon its seeing the proposed advert prior to publication. The Publisher reserves the right to reject part or all of the Advertiser’s copy (wording) or artwork at its sole discretion.
9. By submitting an advert, the Advertiser authorises the Publisher to re-publish that advert, in whole or in part, and in the same or amended form, in any of the Publisher’s print or digital publications or website(s) and/or any supplement to any such publication or website, at any time, without the need to seek any further consent from the Advertiser or any other person.
10. The submission of an advert by the Advertiser shall be deemed to constitute acceptance of these conditions. The parties expressly agree that any terms stipulated by an Advertiser on an order form or elsewhere shall be superseded insofar as they conflict with any of these conditions.
11. The charges payable to the Publisher by the Advertiser in return for publication of the adverts will be as set out on the Publisher’s relevant website from time to time. All charges must be paid in full by the time the Advertiser submits the advert for publication, unless account credit facilities have been specifically granted by the Publisher. Account credit facilities are granted at the absolute discretion of the Publisher, and the Publisher reserves the right to refuse to grant such account credit facilities as it sees fit.
12. Advertising agencies and other agents that submit adverts for publication warrant that they contract with the Publisher as a principal even though they may be acting in a representative capacity, and will therefore have full responsibility and liability for compliance with all obligations of Advertisers set out in this agreement.
13. The contract between the Advertiser and the Publisher shall be construed under, and governed by, the laws of England and Wales, and the parties agree that the English courts shall have exclusive jurisdiction.
14. It is the responsibility of Advertisers to ensure they are aware of and comply with applicable deadlines, and to ensure that any copy, artwork or assets have been received by the Publisher before any such deadline.
15. The Publisher will not be liable for any loss of copy, artwork, photographs or other assets. Such items will only be returned at the Publisher’s discretion. The Advertiser must therefore retain sufficient copies of such items for its own purposes prior to submission of any advert.
16. The Publisher will not provide proof of insertion to the Advertiser unless it is a recognised advertising agency. The Publisher may make a copy of a publication available to an Advertiser at its discretion if a request to do so is made at the time of the booking.
17. In the event that an Advertiser wishes to cancel an advert, they must submit a written request to do so to the Publisher at least three (3) working days before the intended publication of the advert. Cancellation requests will be considered by the Publisher on a case by case basis, and the Advertiser acknowledges that the Publisher is not obliged to agree to any requested cancellation. Invoices for publication of an advert will remain payable unless cancellation of that advert has been confirmed by the Publisher in writing.
18. The Publisher will use all reasonable endeavours to forward to the Advertiser any replies to the advert which are sent to the Publisher’s mailbox as soon as possible after receipt by the Publisher, but the Publisher accepts no liability in respect of any loss or damage arising or alleged to have arisen, however caused, as a result of any delay in forwarding, or omission to forward, or loss of, such replies.
19. The Advertiser agrees to the reasonable processing by the Publisher of any personal data relating to the Advertiser, and confirms and warrants that it has sought and obtained consent to such reasonable processing from any other individual who could be identified from the advert (or the advert together with additional information), as defined in the Data Protection Act 1998, for the purposes of providing advert insertion services to the Advertiser, and for any subsequent re-publication of the advert in accordance with clause 9. Processing of such personal data by the Publisher will comply with all relevant legislation, including but not limited to the Data Protection Act 1998. The service requested by the Advertiser may require the Publisher to carry out credit searches with a credit-reference agency which will record the fact that a search has been made. This may necessitate the sharing of the Advertiser’s information with other lenders and credit-reference agencies; however, the Publisher will only use information from such searches to make credit-granting decisions and, if necessary, for fraud prevention or tracing debtors. By placing adverts, the Advertiser gives its consent to its personal data being stored, processed and disclosed for these purposes. If the Publisher is required by Trading Standards, the Police, a court or any other relevant authorities to disclose information relating to any advert or Advertiser, the Advertiser authorises any such disclosure of that information. Any such information will be disclosed by the Publisher in good faith, and the Advertiser acknowledges that it will have no cause of action against the Publisher, and the Publisher shall have no liability to the Advertiser, in respect of any such disclosure.
20.THE ADVERTISER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. The Advertiser shall indemnify the Publisher against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Publisher arising out of or in connection with: a) any breach of any of the warranties contained in clause 2; b) any breach or negligent performance or non-performance by the Advertiser of this agreement; or c) any claim made against the Publisher for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the advert.
21. The Publisher’s obligations do not exceed those contained in these conditions, and any further purported liability of the Publisher is expressly excluded to the fullest extent allowed by law.
22. No waiver by the Publisher shall be effective except in relation to the matter for which it was specifically given.
Last updated: December 2012