Terms and Conditions
Chronicle Publications Ltd
TERMS AND CONDITIONS OF ACCEPTANCE OF ADVERTISEMENTS
(NEWSPAPER AND WEBSITE)
The Publication and the Website are produced and published by the Publisher.
In these Conditions:
“The Publisher” means Chronicle Publications Ltd.
“The Advertiser” means any persons or company placing with the Publisher an order for the publication of an advertisement in any of the Publisher’s newspapers, other publications or hosted websites. For the avoidance of doubt, in this section the words “published” or “publication” shall mean published in any newspaper and/or on any Websites owned and produced by the Publisher.
Orders for insertion of advertisements in the publication and/or the website are accepted subject to the following conditions:
1.Warranty. The placing of an order constitutes a warranty from the Advertiser and /or advertising agency to the Publisher:
That the advertisement is legal, decent, honest and truthful, complying with the British Codes Of Advertising and Sales Promotion, with any relevant codes of practice and with the requirements of current legislation; and
*that the advertisement is not defamatory and does not infringe the copyright, moral rights or any other rights of any third party.
2. Links. No hyperlinks or metatags may be included in any advertisements save with the express prior permission of the Publisher.
3. Indemnity. The advertiser and/or advertising agency agrees to indemnify the Publisher in respect of all costs, claims, damages, or other charges arising directly or indirectly as a result of the publication of the advertisement(s).
4. No Guarantee. While every endeavour will be made to meet the wishes of advertisers, the Publisher does not guarantee the publication of any particular advertisement or its publication on any particular date or in a particular part or edition of the publication or to be inserted under a particular classification.
5. Errors. It is the responsibility of the Advertiser/advertising agency to check the first appearance of any series of advertisements and notify the Publisher immediately of any errors. The Publisher assumes no responsibility for the correction of errors unless notified by the Advertiser. In the event of any error, misprint, omission in the publication or the website of an advertisement or part of an advertisement (however caused) the Publisher will either re-publish the advertisement or relevant part of the advertisement as the case may be or make a reasonable refund of or adjustment to the cost. No re-publication, refund or adjustment will be made where the error, misprint or omission does not detract from the advertisement.
6. Limitation on Liability. In no circumstances shall the total liability of the Publisher for any error, misprint or omission exceed
*the amount of a full refund of any price paid to the Publisher for the advertisement in connection with which liability arose; or
*the cost of a further corrective advertisement of a type and standard reasonably comparable to that in connection with which liability arose.
7. Save as set out above, the Publisher accepts no liability in respect of any loss or damage occasioned directly or indirectly as a result of publication of any advertisement or any loss or damage occasioned directly or indirectly by any total or partial failure (however caused) of publication of any advertisement or of any title or website in which any advertisement is scheduled to appear.
8. Without prejudice to the foregoing, the Publisher accepts no liability in respect of any loss or damage alleged to have arisen through delay in forwarding or omitting to forward replies to Box Numbers to the advertiser (however caused). The Advertiser hereby authorises the Publisher to return to its originator or destroy any communication which, in the reasonable opinion of the Publisher, should not be delivered to the Advertiser.
9. Refusals and Amendments. The Publisher reserves the right to:
*Refuse any advertisement or if already accepted to cancel the order at any time by giving reasonable notice before the next insertion, but in that event the Advertiser/advertising agency shall not be liable for payment of the difference (if any) between the rates for the series specified in the order and the usual price for the series of insertions which has appeared when the order is stopped; and
*require any alteration it considers necessary or desirable in any advertisement.
10. Cancellation. An advertising agency may cancel any unexpired part of an order without penalty in the event of the death or failure of its client. Orders cannot be cancelled once the Publisher has commenced to carry out the order in accordance with the first publication date requested by the advertiser. In other cases the Publisher will require seven clear working days notice of cancellation of any order or unexpired part of an order, or in the case of an advertisement which by reason of its position is chargeable at a premium rate, not less than twenty eight clear working days notice. All cancellations must be notified in writing. Email notification of cancellation is not acceptable. It is the responsibility of the Advertiser to retain a note of any ‘stop number’ issued by the Publisher.
11.Copyright. The copyright for all purposes in all artwork, copy, video, audio and other material which the Publisher or his employees have originated, contributed to or reworked shall vest in the Publisher. The Advertiser authorises the Publisher to record, reproduce and publish, distribute and broadcast (or to pent the same) all advertisements (including, but not limited to text, artwork, video and photographs) and to include and make them available in any information service, electronic or otherwise.
12. Consents. The placing of an order by an Advertiser, or an advertising agency on behalf of a Client, constitutes an assurance that all necessary authority and consents have been secured in respect of the use in the advertisement(s) (a) of pictorial or any other representations of (or purporting to be of) living persons, and of references to any words attributed to living person and (b) any material the copyright of which vests in a third party.
13.Risk. Any material submitted by the Advertiser is held by the Publisher at the Advertiser’s risk and should be insured by the Advertiser against loss or damage from whatever cause. The Publisher reserves the right to destroy without notice all such property after the date of its last appearance in an advertisement unless the Advertiser has given instructions to the contrary.
14. Box Numbers. The Publisher will endeavour to forward all replies to a box number to the Advertiser as soon as possible after receipt, but the Publisher accepts no liability in respect of any loss or damage alleged to have arisen through delay in forwarding or omitting to forward such replies however caused. The Advertiser authorises the Publisher to examine material passing through boxes and to return to its originator any communication, which in the opinion of the Publisher should not be delivered to the Advertiser. Advertisements from dealers are not accepted under a box number.
15. Rates. The rates charged for the transmission of any advertisement shall be those set out in the Publisher’s rate card in force at the time the order is placed. The rate card is subject to change at any time and may vary between companies and publications within the Chronicle Publications Ltd Group of Titles. Copies are available on request.
It is the responsibility of the Advertiser to bring to the Publisher’s attention at the time of booking any discount, allowance or exemption from VAT (Value Added Tax) to which entitlement is claimed on gross advertising rates (except classified lineage and semi display) which are subject to the Advertising Standards Board of Finance (ASBOF) levy from time to time payable by the Advertiser to help finance the self regulatory system.
16. Advertising Agencies. Commission will only be granted to agencies formally recognised by the Newspaper Society or the Publisher at the time of placing the order. The rate of commission payable will be determined by the Publisher and may be varied or withdrawn at the Publisher’s discretion at any time, subject to giving the advertising agency seven days written notice thereof. All advertising agencies claiming commission must quote order numbers for every booking made. The Publisher reserves the right to vary these terms of acceptance of advertising and payment in respect of any advertising agency at the Publisher’s discretion, subject to giving the advertising agency seven days written notice thereof.
17. Time of Payment. Pre-payment may be required for any advertisement at the Publisher’s discretion. Where pre-payment is not required, subject to the completion and approval of a Credit Application Form, payment shall be made for each advertisement within thirty days of the date of the invoice.
Should the Advertiser be in breach of these terms, or of any contract with the Publisher, then the full amount in respect of all advertising published and all other amounts accruing from the Advertiser shall become due and payable. The Publisher reserves the right to withdraw credit facilities from any Advertiser at the Publisher’s discretion subject to giving the Advertiser seven days written notice thereof, if practicable, or forthwith upon the issue of any Court proceedings against the Advertiser. All payments must be accompanied by the remittance advice issued by the Publisher or a similar document approved by the company. Any query in respect of an invoice must be brought to the attention of the Publisher in writing within seven days of its issue.
18 Late Payments. The Publisher shall be entitled to add to any sums due any reasonable costs and expenses (including administrative costs) incurred by the Publisher in obtaining any late payments. The Publisher shall be entitled to an administration charge from the Advertiser of £25.00 in respect of any cheque tendered which is not met upon presentation (and to vary this charge at any time without notice). The Publisher reserves the right to exercise a lien over any documents of other property of the Advertiser in its possession if the Publisher’s charges are not paid in accordance with these terms and the Publisher’s rate card from time to time.
19. Data Protection. The Publisher will hold personal information obtained in dealings with customers and process it in accordance with the Publisher’s Data Protection Notice.
20. Disclosure of Identity. The Publisher reserves the right to disclose the name and address and any other account details of advertisers and/or agencies to the police, trading standards officials, or any other relevant authority and, where the Publisher in its sole discretion deems it reasonable, to other third parties.
21. Advertising Orders. Advertising orders are issued by an advertising agency as a principal and must be on the agency’s official form. When copy instructions not constituting an official order are issued, they shall be clearly marked “Copy instruction – not an order”.
22. The Newspaper Society. The terms of Reoccupation agreement between the Newspaper societies and the Publisher, or between the Newspaper Society and the Newspaper Proprietors Association and recognised advertising agencies are deemed to be incorporated in these conditions of acceptance of advertisement orders for the publication and transmission of all advertisements accepted from the recognised advertising agency. Without prejudice to the generality of these terms, these conditions of acceptance specifically extend to any personal guarantee given by the Directors or any other person on behalf of a recognised agency at the time of recognition in respect of any unsatisfied liabilities of the agency in the event of the agency’s liquidation or insolvency. Such guarantee is part of these conditions of acceptance.
23. Acceptance. The placing of an order for the insertion of an advertisement shall amount to an acceptance of the above conditions stipulated on an agency’s or advertisers order form or elsewhere by an agency or an advertiser shall be void insofar as they are in conflict with them.