1 In these terms, (a) “Publisher” means the publisher of the newspaper (including any supplement or magazine) or Internet website in which the advertisement is to appear or has appeared; (b) “Buyer” means the person placing the order to insert the advertisement, whether such person be the advertiser of the product/service (the “Advertiser”) or the Advertiser’s advertising agency or media buyer; (c) an “advertisement” means the matter to be published or separately inserted. The Buyer’s general obligations:
2 The Buyer contracts with the Publisher as principal. Where the Buyer and the Advertiser are different persons, the Buyer warrants that it is properly authorised to place the advertisement on behalf of the Advertiser.
3 The Buyer warrants that in relation to an advertisement as submitted or amended pursuant to clause 5: (a) the reproduction and/or publication of such advertisement will not breach any legislation, regulation (governmental or otherwise) or contract or infringe or violate any copyright, trademark, or any other personal or proprietary right of any person or render the Publisher liable to any proceedings whatsoever; (b) all advertising copy submitted to the Publisher is legal, decent, honest and truthful and complies with the British Code of Advertising Practice and all other relevant codes under the general supervision of the Advertising Standards Authority; and (c) in relation to any investment advertisement the Advertiser is, or the contents of the advertisement have been approved by, an authorised person within the meaning of the Financial Services Act 1986 (or any re-enactment or replacement thereof) or the advertisement is otherwise permitted.
4 The copyright for all purposes in all artwork, copy and other material which the Publisher or its employees have originated or reworked shall vest in the Publisher.
5The Buyer agrees to check the correctness of the advertisement. Any complaint, whether about the advertisement (and of each individual advertisement if part of a series) or the invoice, must be raised with the Publisher within 7 days of publication or receipt of invoice (as the case may be) and will not affect the liability for payment at the due time.
6 The Buyer will indemnify the Publisher and keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever incurred by the Publisher arising directly or reasonably foreseeably as a result of any breach or non-performance by the Buyer of any of the representations, warranties or other terms herein contained or implied by law.
7 Save in the case of death or personal injury caused by the Publisher’s negligence or breach of statutory duty, under no circumstances shall the Publisher be liable to the Buyer or the Advertiser or any other party for any special, incidental, indirect or consequential damages of any kind, including, without limitation, those resulting from loss of sales, loss of goodwill, loss of profits, whether or not the Publisher was advised of the possibility of such losses. In all other respects, the Publishers’ liability shall be limited to the amount paid by the Buyer.
8 The Buyer agrees that the Publisher has no liability in respect of any box numbers and agrees not to use box numbers for sending original documents, goods or payments of any kind, nor for the distribution of circulars. Box number replies will be collected only by the Buyer or the Buyer’s nominee. An additional fee will be made to the Buyer for use of a box number. The Buyer’s payment obligations:
9 Payment in respect of the advertisement (including any associated production, late copy and box number charges) is due in advance of publication except where the Publisher has confirmed its agreement in writing to allow credit to the Buyer, in which case payment shall be due; (a) if the Buyer is a recognised agency under the Joint Recognition Scheme of the Newspaper Publishers Association Limited and the Newspaper Society, no later than 2pm on the last working day of the month following that in which the advertisement appeared; or (b) in any other case no later than 2pm on the last working day prior to the 16th day following the end of the month in which the advertisement appeared. [Full details of each remittance are to be supplied to the Publisher by the due time. Payment shall mean (i) the receipt by the Publisher at its principal place of business (or elsewhere as it may direct) of cash or a cheque subsequently honoured or at the bank of monies transferred electronically or through the clearing bank’s Giro credit system or (ii) payment by credit card which shall be subject to an additional administration charge. For the avoidance of doubt in determining the last working day of the month only English bank holidays shall apply.]
10 It is the Publisher’s practice to provide an invoice for each insertion/advertisement published. Open item statements are provided to each mid-monthly and agency Buyer to whom credit is extended at the beginning of the month in which payment is due. Liability for payment arises from publication of the insertion/advertisement. Further, all items on the statement are deemed to be payable; any errors or omissions must be communicated to the Publisher in time to be rectified before payment becomes due. Payment for the advertisement shall be made whether or not the Buyer shall have provided the Publisher with an order number at the time the advertisement was booked.
11 The Buyer agrees to pay the Publisher in respect of each advertisement for which payment is not made by the due time: (a) the sum of £25 as an administration charge and (b) interest on the amount paid late at the rate of four per cent above the base rate of National Westminster Bank plc accruing from day to day (including the day on which payment was due) both before and after judgment. Any such additional charge is payable within seven days following delivery of the Publisher’s invoice particularising it. The Publisher’s obligations:
12 The Publisher will endeavour to reproduce and set colour and mono advertisements as requested but cannot guarantee that reproduction will meet its normal standards. In any event the Publisher shall have no liability where the Buyer has supplied material not in accordance with the Publisher’s specifications as set out in the rate card.
13 The Publisher may decline to publish, or omit, suspend, change the position or require amendment of any advertisement accepted for insertion. The Publisher is not obliged to publish any advertisement on a particular day or in a particular position.
14 The Publisher will not be liable for any loss of copy, artwork, photographs or other materials. The Buyer warrants that it has retained copies and the originals of advertisements.
15 The Publisher shall be bound by a stop order received within the cancellation deadlines, provided a valid stop number is quoted. If the Buyer is deemed unable to pay its debts within section 123 of the Insolvency Act 1986, this may be treated as a cancellation. Special rate advertisements cannot be the subject of a stop order.
16 Without prejudice to the Publisher’s entitlement to be paid, in the event of any error in the publishing of the advertisement the Publisher at its sole discretion may either re-insert the advertisement or make a reasonable refund of or adjustment to the cost. No re-insertion, refund or adjustment will be made where the error, misprint or omission does not materially detract from the advertisement.
17 There is no obligation on the Publisher to supply voucher copies, tearsheets or other acceptable facsimile, illustrating publication and their absence shall not affect the Buyer’s liability for payment.
18 The Publisher may publish any advertisement submitted on its Internet sites or other media (whether print, electronic or otherwise), subject to its Internet Terms and Conditions, a copy of which is available on request and on the relevant website.
19 To ensure the highest levels of customer service, telephone calls may be recorded.
20 The placing of an order for an advertisement amounts to an acceptance of these terms (including any additional matters set out in the rate card) to the exclusion of any other terms and conditions. No variation shall be binding unless agreed in writing.
21 If any provision of these terms is held to be void or unenforceable in whole or in part, these terms shall continue to be valid as to the other provisions and the remainder of the affected provision. No waiver by the Publisher shall be effective except in relation to the matter in respect it was specifically given.
22 Nothing in these terms is intended to confer on any person any right to enforce any provision of these terms which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999. Insofar as the Buyer is a “consumer” (as that term is defined in the Consumer Protection (Distance Selling) Regulations 2000, the Buyer agrees that the provision of services under these terms may, by agreement between the Buyer and the Publisher, take place before the end of any applicable cancellation period, in which case the right to cancel such provision of services shall not apply.
23 These terms shall be construed under and governed by the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.