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NEWSQUEST MEDIA GROUP
TERMS & CONDITIONS OF ACCEPTANCE OF ADVERTISING
Newsquest Media Group publishers include:
The following are our terms of advertising but they are subject to change from time to time and you should always check the latest version (which will be binding on you) at: http://www.newsquest.co.uk/terms-of-advertising/
1. The following terms and conditions (“terms”) together with any insertion order shall form the agreement between us and an advertiser for the placement of an advertisement (“ad”) in Newsquest Media Group (“Newsquest”) printed or electronic publications (including leaflet inserts, self-service ads and any third party digital platform for which we have the right to sell ads). Each order will be a separate agreement and any change to this agreement must be confirmed by us in writing (which means by exchange of letter, fax or email). An “advertiser” means any person or organisation placing an ad on their own account or on behalf of another. Where the word ‘including’ is used, it shall not limit the generality of the preceding words.
2. All ads must comply with our deadlines and our production and quality specifications, as published from time to time. The advertiser also confirms that the ad complies with all applicable legislation, regulations and codes of practice, including laws against discrimination on grounds of age, gender, race or religion, laws of fair trading and credit advertising and the Code of Advertising Practice supervised by the Advertising Standards Authority (“ASA”). We may refuse an ad before acceptance for any reason, or reject, cancel or require changes to an ad or series of ads at any time as to comply with legal or moral obligations placed on us or the advertiser; to avoid infringing the rights of a third party or any relevant code of practice; or to meet our technical specifications.
3. The advertiser further confirms that: i) the publication of the ad (including content supplied by the advertiser, whether text, photos or otherwise) will not breach any contract, infringe the copyright, trademark or other right of any third party and is not libellous of any person; ii) all licences and consents from third parties necessary for the publication of the ad have been obtained and paid for, including licences for third party copyright content and consents from living persons identified in ad content; iii) in respect of an investment ad, the content has been approved by, or the advertiser is, an authorised person within the meaning of the Financial Services and Markets Act 2000 as amended or the ad is otherwise permitted under that Act.
4. No ad will be accepted unless paid for in full at the time of booking or credit has been agreed. The price shall be the amount fixed by our published rate card on the date of acceptance of the order, unless otherwise agreed, plus VAT where applicable. We will not publish an ad for which payment has not been received on time but the advertiser will remain liable. Interest will be charged on late payments pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 at the rate of 8% above the Bank of England’s base lending rate from the date payment is due together with the reasonable administration costs of collecting an overdue debt, plus an administration charge of £30 for any cheque not met upon presentation, or for any unmet direct debit (and this charge may vary at any time without notice).
5. We will try to give notice of increases, but we reserve the right to change our advertising rates at any time. This will not affect existing contracts, including any fixed term agreement for a series of ads. The advertiser accepts that advertising rates are subject to a levy (currently 0.1%), payable by advertisers to help finance the work of the ASA.
6. For credit customers, we may carry out credit searches with specialist agencies. Our search may be recorded and shown on subsequent searches. We will use the information from these searches to make decisions about credit, prevent fraud or trace debtors. All credit account accounts must be paid by the 20th day of the month following the invoice date (except agencies, see below).
7. By placing an order, a media agency confirms that: i) it contracts as principal with full authority from its client in all matters connected with the order; ii) it is responsible for all payments due; and iii) (without prejudice to ii) above or our rights and remedies under these terms or general law) grants to us the right of subrogation of all and any debts owed to it by its client in relation to the relevant ad order. Unless otherwise expressly agreed, we will only accept ads from agencies recognised by us and the terms of the News Media Association’s current recognition agreement are deemed to apply. Rates of commission will be the subject of separate written agreement. All agency credit accounts must be paid by the 20th day of the month following the invoice date.
8. We will use reasonable efforts to forward replies to box numbers within a reasonable time, but we are not responsible for any failure or delay caused by circumstances beyond our reasonable control.
9. Mail order ads will not be accepted unless and until the advertiser returns to us a Mail Order Guarantee Form, as produced by the Newspaper Society, before the copy deadline. Ask us for a copy of the form.
10. An advertiser may cancel or amend an ad by written notice to us but no later than 7 days before the date of first insertion or next insertion given in the order and 28 days for a premium rate ad (“deadlines”). We will then make reasonable efforts to re-sell the space, but the advertiser will still be liable for the full price if the space is not sold or for the difference if sold for less (with a deduction for any savings on preparatory work avoided). We will reclaim any unearned volume-based discount on an ad series or online term cancelled part-way through. Private advertisers booking remotely by telephone or online may cancel in accordance with relevant law, but no refund shall be available after preparatory work has begun unless cancellation is due to our negligence. If the copy is not received from the advertiser by the deadlines, we may substitute such alternative copy as we deem suitable but we will not be liable if the ad does not appear, and the advertiser will remain liable to make full payment for the price of the ad in an event.
11. We may cancel the order at any time without giving cause on reasonable notice before the first or next insertion and the advertiser will be entitled to a full refund but no further remedy. We may cancel without liability: i) if the advertiser breaches these terms and the breach is not capable of remedy or it continues for seven days after we have given notice of it; ii) if we reasonably believe the advertiser is unable to pay debts or the advertiser goes or threatens to go out of business; or iii) if we decide to discontinue the relevant publication.
12. We will try to satisfy an advertiser’s request regarding the date of publication and positioning of an ad, but no guarantee of date or position can be given. We have no obligation to provide evidence of publication.
13. Our total liability to the advertiser in any circumstances for any error or non-publication shall be limited to a re-insertion of an ad or proportionate refund. The advertiser must check and is solely responsible for checking an ad before and after insertion and must notify us of errors within 14 days of publication. We shall not be liable: i) for an error that the advertiser has failed to notify to us in time; ii) for any error or non-publication unless caused by our negligence; or iii) for an error that, in our reasonable opinion, does not materially detract from the ad. We shall not be liable in any circumstances for losses relating to any business or public fund-raising of the advertiser, whether direct or indirect, such as lost profit, revenue or customers.
14. Ads are accepted on condition that we have the right to publish and distribute them in all editions in any form or medium (including electronic media as well as print). The copyright in work or material we contribute to or re-work for an ad belongs to us. We shall take reasonable care of copy, artwork, photographs or other materials an advertiser supplies, but we shall not be liable for their loss or damage and the advertiser should take out a suitable policy of insurance. We may dispose of these materials after six months unless collected.
15. We may delete or edit any ads created using the self-service ad system. Self-service advertisers are solely responsible for their ads and any activity on their self-service account. They must regularly check their ads and notify us of any concerns or any suspected unauthorised use of an account or password, reasonably co-operating with us to resolve all issues. Requests for advertisement withdrawal must be submitted to us in writing.
16. Where the price of digital ads is determined by online activity, we may produce performance reports (using third party software) and such reports shall be the definitive measurement of the performance on any delivery obligations agreed between us and the advertiser, such as the number of impressions, click-throughs or page views. We give no guarantee of performance and any figures we provide shall be estimates only. Notwithstanding, where we achieve less than 95% of any minimum target agreed in a written insertion order, we shall at our option: i) extend publication of the ad until the minimum target is achieved; or ii) issue a credit to the advertiser pro rata in relation to actual performance for set-off against another order from the same advertiser. If there is a dispute, we and the advertiser shall use reasonable efforts to identify and correct the inaccuracy (if any) and agree in good faith the activity during the relevant period.
17. Subject to applicable privacy law and regulation, the advertiser authorises us to place cookies and use such other technology as we see fit in relation to ads to enable us to collect data about usage, viewing or clicks on content. We shall own such collected data and all intellectual property rights therein. The data may be shared with the advertiser subject to such conditions as we may prescribe (but not any personal data as defined under the Data Protection Act 1998).
18. An advertiser wishing to place cookies on our users’ computers or deploy other data-collecting technology (including tags, pixels and web beacons) in connection with the advertising must obtain our approval before booking an ad and provide all information and comply with all conditions as we may reasonably require, together with applicable privacy law and regulation.
20. You confirm that any ad materials you supply will comply with such format and other specifications we may require and will not damage, interfere with or disrupt access to our or any third party’s digital network or do anything which may interrupt or impair its functionality. No hyperlinks or metatags may be included in a digital ad unless we have agreed in writing and in no circumstances shall there be a link to content prohibited in ads by these terms. We shall try to maintain continuity of online services if we can (including self-service ad systems and third-party platforms), but we give no warranty that they will be free of interruption and they may be suspended for maintenance or other reasons from time to time.
21. An insert order is only accepted when the advertiser’s sample has been approved by us. We shall not be liable to insert non-conforming inserts or inserts not delivered by any deadline specified by us but the advertiser shall remain liable for the full charges. All insert orders should allow for 1% wastage (or else part of the ordered quantity may be used as waste and the advertiser will still be liable for the full charges). Short deliveries of inserts will be billed at full quantity rates. Excess quantities will be destroyed. Our print-runs are estimates only. We will issue a credit for set-off against another order from the same advertiser where a print-run is less than 95% of any written estimate given, such credit being an amount of the invoice value proportionate to the print-run shortfall in excess of 5%, subject to a maximum credit of 10%.
23. We shall not be liable if our publishing activities are restricted or prevented by any law, act or event beyond our reasonable control (including for example power cuts, equipment failure or industrial disputes). In such case, the advertiser shall accept publication when available or otherwise may cancel the order by written notice and pay only for work done and materials used.
24. Our delay or failure to enforce or our waiver of any of our rights under these terms on any occasion shall not restrict the exercise or enforceability of such rights in the future.
25. These terms together with any insertion order and other document referred to in the terms are the entire agreement between the advertiser and us. All other terms and conditions are excluded and void to the extent permitted by law.
26. The advertiser will be liable to pay us for all losses, damages, costs (including legal costs) and expenses of any kind suffered or incurred by us as a result of claims or actions from third parties, actual or threatened, arising from or in connection with the advertiser’s breach of these terms or the publication of an ad, unless arising from our own negligent act or failure.
27. In each of the jurisdictions of England & Wales, Scotland and Northern Ireland, these terms are governed and interpreted in accordance with the laws of the jurisdiction with which the relevant publication is principally associated and subject to the exclusive jurisdiction of its courts. In the event of doubt or dispute about jurisdiction, the laws and courts of England & Wales shall apply.
Newsquest Media Group
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