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CONDITIONS OF
ACCEPTANCE OF ADVERTISEMENTS
Our standard
terms and conditions of Advertising and Payment are set out below and
are applicable to all advertising booked or other business
transacted.
1 General
In these Conditions:
1.1
"the Company" means Halifax Courier Limited.
1.2 "the
Advertiser" means any person or company placing with the
Company
an order for the publication of an advertisement in any of
that
Company's newspapers, or other publications.
2
Refund Policy
2.1 Full refunds are available prior to the
advert publishing where the advertisement is cancelled at least 48
hours before the chosen publishing date. All other refunds will be
given in exceptional circumstances at the discretion of management.
2.2 The
Advertiser may cancel an Advertisement before the Advertisement has
completed its term, but shall not be entitled to a refund for the
time not used. The Advertiser may extend the term of an Advertisement
at the agreed rate.
2.3 The Advertiser may suspend the
Advertisement from the Web Site so that it may no longer be viewed by
users of the Web Site before the Advertisement has completed its
term, but shall not be entitled to a refund for the time not used.
The Advertiser may extend the term of an Advertisement at the agreed
rate.
3 Acceptance
of Conditions
In placing an order for the publication of an
advertisement, the Advertiser
accepts these conditions. No
condition which conflicts with them is
binding on the Company or
the Advertiser unless it is in writing and
signed by or on behalf
of both parties.
4 Advertiser's Warranty and Indemnity
4.1
The Advertiser warrants:
(a) That the advertisement is legal,
decent, honest and truthful and that it
complies with the British
Codes of Advertising and Sales
Promotion, with any relevant codes
of practice and with all
requirements of current legislation;
(b)
That nothing in the advertisement is defamatory or constitutes
a
malicious falsehood;
(c) That the publication of the
advertisement will not infringe copyright
or any other rights
vested in a third party;
(d) That the Advertiser has secured all
necessary authorities and
permission in respect of the use in the
advertisement of any
pictorial representations of, or words
attributed to, living persons.
4.2 The Advertiser will
indemnify the Company in respect of all costs,
damages or other
charges incurred in connection with any actions or
claims brought
against the Company arising from a breach by the
Advertiser of
this warranty or otherwise from the publication of
the
advertisement.
5 Right to Refuse or Amend
Advertisements
5.1 The Company reserves the right to refuse to
publish any advertisement if,
in the Company's opinion, the
advertisement fails to comply with the
requirements of Condition
3.1 above or the refusal is required in the
interest of reader
protection, even if the advertisement has been accepted
or
previously published.
5.2 The Company may make any alteration
it considers necessary or
desirable in an advertisement including
the use of standard abbreviations,
or change the siting of an
advertisement in the relevant publication.
5.3 Mail order
advertisements will not be accepted for publication by the
Company
unless the Advertiser completes and returns to the Company a
Mail
Order Guarantee Form, produced by the Newspaper Society, prior
to
the deadline for publication of the advertisement.
6
Requests for Insertion on Particular Dates or in Particular
Sections
Whilst the Company will endeavour to comply with
reasonable requests
for an advertisement to be inserted on a
particular date or in a particular
part or edition of the
publication, or to be inserted under a particular
classification,
the Company makes no guarantee in respect of any such
request.
7
Cancellation
7.1 The Company may cancel the Advertiser's order
at any time, and shall
give five days notice of the cancellation
before the next due date of
publication of the advertisement if
practicable.
7.2 The Advertiser
may cancel its order or the unexpired part of an order by
giving
seven days notice of the cancellation before the next due date
of
publication, subject to any deadline as set out in the
Company's rate card
applicable at the time.
7.3 It is the
responsibility of the Advertiser to retain a note of any
"stop
number" issued by the Company.
8
Copyright
8.1 Copyright of all artwork, copy or other material
created, reworked or
contributed to by the Company shall vest in
the Company.
8.2 The Advertiser authorises the Company to
record, reproduce, publish,
distribute and broadcast (or to permit
the same) all advertisements
(including but not limited to text,
artwork and photographs) and to
include and make them available in
any information service, electronic or
otherwise.
9
Advertiser's Property Held at Advertiser's Risk
All artwork,
photographs, film or other property delivered by the
Advertiser to
the Company is held by the Company at the Advertiser's
risk and
the Advertiser should insure all such property against loss or
damage
from whatsoever cause. The Company reserves the right to
destroy
without notice all artwork, photographs, film or other property
which
has been in its custody for six months from the date of its
last
appearance in an advertisement, unless the Advertiser has
given written
instructions to the contrary.
10 Box
Numbers
10.1 The Company will endeavour to forward all replies
to a box number, to
the Advertiser, as soon as possible after
receipt, but the Company accepts
no liability in respect of any
loss or damage alleged to have arisen
through delay in forwarding
or omitting to forward such replies,
howsoever caused. The
Advertiser authorises the Company to examine
material passing
through boxes and to return to its originator any
communication
which, in the opinion of the Company, should not be
delivered to
the Advertiser.
10.2 Advertisements from dealers are not
accepted under a box number.
11 Right to Disclose
Information
11.1 All advertisements must be accompanied by the
Advertiser's full name
and address. All trade advertisements must
contain a trading name.
11.2 The Company reserves the right to
refuse an advertisement containing
only a mobile telephone number
unless the Advertiser discloses to them a
BT land line number (or
similar).
12 Errors and Omissions - Limitation of Company's
Liability
12.1 The Advertiser shall check the advertisement
and notify the Company
immediately in writing of any errors. The
Company has no responsibility
for the repetition of errors in a
series of advertisements unless notified by
the Advertiser.
12.2
In the event of any error, misprint or omission in the printing of
an
advertisement the Company will either re-insert the
advertisement or
relevant part thereof, or make a reasonable
refund 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.
12.3 In no
circumstances shall the Company's total liability
(including
consequential liability) in respect of any error,
misprint or omission
exceed either the amount of a full refund of
any price paid to the
Company for the advertisement in connection
with which liability arose,
or the cost of a further or corrective
advertisement of a type and standard
reasonably comparable to that
in connection with which liability arose.
12.4 The Company
shall not be liable for any loss or damage (including
consequential
loss or damage) occasioned by any total or partial failure
for
reasons beyond the Company's control of publication or
distribution
of any newspaper, edition, supplement thereof or
other publication in
which any advertisement is scheduled to
appear.
13 Assignment
13.1 The Company shall be
entitled to assign its contract with the Advertiser
or any of its
rights or benefits thereunder to any other company within the
group
of Johnston Publishing Limited.
13.2 The Advertiser may not
assign, transfer, sub contract, charge or in any
other way deal
with any of its rights or obligations under this Agreement
without
the Company's prior written consent.
14 DATA PROTECTION
ACT
14.1 The Company will hold information we obtain in our
dealings with
customers and may share it with other companies in
the Johnston
Publishing Ltd Group. We and other Johnston
Publishing Limited
companies may use this to tell you of other
services we think will interest
you, to administer your account
for statistical purposes, for debt
collection and for fraud and
crime prevention.
14.2 Telephone calls to the company may be
monitored or recorded for staff
training purposes.
14.3 If
you do not wish your information to be used for marketing purposes,
please
write to the company. P.o. Box 19 King Cross Street,
Halifax, HX1 2SF
You may write to us for a list of Group
companies.
ORDERS
FOR THE INSERTION OF ADVERTISEMENTS ARE ACCEPTED SUBJECT TO THE
FOLLOWING PAYMENT TERMS
1 General
In these
Conditions:
1.1 "the Company" Halifax Courier
Limited.
1.2 "the
Advertiser" means any person or company placing with the
Company
an order for the publication of an advertisement in any of
that
Company's newspapers, or other publications.
2
Rates
2.1 The rates charged for the insertion of
advertisements shall be those set
out in the Company'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 Johnston Publishing Limited
group of
titles. Copies are available on request.
2.2 It is the
responsibility of the Advertiser to bring to the Company's
attention
at the time of booking any discount, allowance or exemption
from
Value Added Tax to which entitlement is claimed.
2.3 All gross
advertising rates (except classified lineage and semi display)
are
subject to the Advertising Standards Board of Finance (ASBOF)
levy
from time to time (currently 0.1 %) payable by the Advertiser
to help
finance the self regulatory system.
3
Advertising Agencies
3.1 Commission will only be granted to
agencies formally recognised by the
Newspaper Society or the
Company at the time of placing the order. The
rate of commission
payable will be determined by the Company and may
be varied or
withdrawn at the Company's discretion at any time, subject
to
giving the advertising agency seven days written notice thereof.
3.2
All advertising agencies claiming commission must quote order
numbers
for every booking made.
3.3 The Company reserves
the right to vary these terms of acceptance of
advertising and
payment in respect of any advertising agency at the
Company's
discretion, subject to giving the advertising agency seven
days
written notice thereof.
4 Time of Payment
4.1
Pre-payment may be required for any advertisement at the
Company's
discretion.
4.2 Save as provided for under Clause
4.1 above, payment shall be made for
each advertisement within
seven days of the date of the invoice, except
that payment of
advertisements charged to an approved credit account
shall be made
no later than the 24th day of the month following the
month in
which the invoice was dated. Should the Advertiser be in breach
of
these terms, or of any contract with the Company, then the full
amount
in respect of all advertising published and all other
amounts accruing
from the Advertiser shall become due and
payable.
4.3 The Company reserves the right to withdraw credit
facilities from any
Advertiser at the Company'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.
4.4 All payments must be accompanied
by the remittance advice issued by
the Company.
4.5 Any
query in respect of an invoice must be brought to the attention of
the
Company within seven days of its issue.
5 Late
Payments
5.1 The Company shall be entitled to charge interest
on all sums due at a rate
of 8% above the base rate for the time
being of Lloyds TSB Limited until
payment is received, after as
well as before any judgement is obtained.
5.2 The Company
shall be entitled to add to any sums due any reasonable
costs and
expenses (including administrative costs) incurred by the
Company
in obtaining payment thereof on an indemnity basis.
5.3 The
Company shall be entitled to charge the Advertiser £15.00 in
respect
of any cheque tendered which is not met upon presentation
(and to vary
this charge at any time without notice).
5.4
The Company reserves the right to exercise a lien over any documents
or
other property of the Advertiser in its possession if the
Company's
charges are not paid in accordance with these terms and
the Company's
rate card from time to time.
Should you have
any queries please do not hesitate to contact us on 0113 243 2701 and
ask for the Accounts Department.
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