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CONDITIONS OF ACCEPTANCE OF ADVERTISEMENTS
Orders for insertion of advertisements in NEWSQUEST (SOUTH WEST) LTD titles are accepted subject to the following conditions:
1. By placing the order the Advertiser warrants 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 all requirements of current legislation and that it contains nothing that is defamatory or that constitutes an infringement of the proprietary or other rights of any third party.
2. The Advertiser agrees to indemnify the Publisher in respect of all costs, damages or other charges falling upon the newspaper as the result of legal actions or threatened legal actions arising from the publication of the advertisement.
3. While every endeavour will be made to meet the wishes of the Advertiser, the Publisher does not guarantee the insertion of any particular advertisement either on any specified date or dates or at all.
4. All advertisements must be accompanied by the name and address of the Advertiser for record purposes and the Publisher may require evidence to establish the Advertiser’s bona fides and to substantiate any claims made in the advertisement.
5. (i) In the event of any error, misprint or omission in the printing of an advertisement or part of an advertisement the Publisher will at the Publisher’s election either re-insert the advertisement or part of an advertisement as the case may be 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.
(ii) In no circumstances shall the total liability of the Publisher for any error, misprint or omission exceed (a) the amount of a full refund of any price paid to the Publisher for the advertisement in connection with which liability arose or (b) the cost of a further or corrective advertisement of a type and standard reasonably comparable to that in connection with which liability arose.
(iii) The Advertiser agrees to check the published advertisement for any errors or omissions and to notify the Publisher thereof by 9.30 the following morning, if correction and republication is required. If no notice is received by 9.30 the following morning, the Advertiser is deemed to have accepted the advertisement in its entirety and will pay the full charge.
(iv) The Publisher shall not be liable for any loss or damage occasioned by any total or partial failure (however caused) of publication or distribution of any newspaper or edition in which any advertisement is scheduled to appear.
6. THE PUBLISHER RESERVES THE RIGHT TO:
(i) Cancel the order at any time by giving reasonable notice before the next insertion, but in that event the Advertiser 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;
(ii) Make any alteration it considers necessary or desirable in an advertisement and to require artwork or copy to be amended to meet its approval.
7. Queries over classified advertisements which have been cancelled must be accompanied by the stop number given at the time of cancellation.
8. The deadline for cancellation is the same deadline as the space booking, after this time no cancellation will be accepted for the following publications: Somerset County Gazette, Bridgwater Mercury, Burnham and Highbridge Weekly News, Chard and Ilminster Weekly News and Mid Devon Star .
9. Should the rate for advertisements be altered, the cost of remaining insertions shall be revised accordingly or the Publisher has the option of cancelling the unexpired portion of the order.
10. Voucher copies or tearsheets will not be supplied unless otherwise agreed.
11. The Advertiser’s artwork, film and all other property is held at the Advertiser’s risk and should be insured by him against loss or damage from whatever cause. The Publisher reserves the right to destroy without notice all artwork, film and other property which has been in his custody for six months from the date of its last appearance unless the Advertiser has given instructions to the contrary and has obtained the Publisher’s written acknowledgement that the Publisher has received such instructions.
12 (i) Every endeavour will be made to forward replies to box numbers to the Advertiser as soon as possible after receipt by the Publisher, but the Publisher accepts no liability in respect ofany loss or damage alleged to have arisen through delay in forwarding or omitting to forward such replies (howsoever caused). The Advertiser authorises the Publisher to open any letter for examination and to destroy or return to its originator any communication which, in the opinion of the Publisher, should not be delivered to the Advertiser. Readers are advised not to enclose original references or stamped addressed envelopes with their replies.
(ii) The Publisher reserves the right to disclose the name and address 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.
(iii) Advert content submitted online. The Publisher reserves the right to reject or amend advertisements for reasons including, but not limited to,
13. SETTLEMENT OF ACCOUNTS:
(a) Regular Advertisers holding an account number - all invoices must be paid within 30 days from the date of the invoice. Failure to comply with this request may result in credit facilities being withdrawn and advertising stopped. Any discounts negotiated are subject to payment within our monthly account terms.
(b) Other Advertisers - All advertisements to the value of £100 require pre-payment by cheque, postal order, most major credit cards, Switch or cash at any of our Branch Offices.
(c) The existence of a query on any individual invoice will not affect the due date of payment for the balance of the account.
14. (i) The copyright for all purposes in all artwork, copy and other material which the Publisher or its employees have originated, contributed to or reworked shall vest in the Publisher. (ii) The Publisher is hereby authorised 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.
15. The placing of an order by an Advertiser constitutes an assurance that all necessary authority and permission has been secured in respect of the use in the advertisement(s) of pictorial representations of (or purporting to be of) living persons, and of references to the words attributed to living persons.
16. Advertisement orders issued by an advertising agency as a principal must be on the agency’s official form. When copy instructions not constituting an official order are issued, they shall be clearly marked ‘Copy instructions - not an order’.
17. Users of the computerised artwork delivery system, via ISDN, must before transmission obtain a unique reference number from the Publisher in order that their artwork can be identified upon receipt. The Publisher will not be responsible for errors occasioned by the subsequent receipt of artwork without any such identification.
18. Mail Order and One Day Sale Advertisements. These types of advertisements are accepted at the sole discretion of the Advertisement Manager or his/her deputies. All such advertisements must be pre-paid and copy submitted at least 7 working days before publication. The Publisher reserves the right to refuse to publish any such advertisement containing copy which we find not acceptable and will not be responsible for any costs incurred by the Advertiser or his Agents, either before or after such refusal.
19a. SEX DISCRIMINATION ACT.
No advertisement which indicates or can reasonably be understood as indicating an intention to discriminate on the grounds of sex (e.g. by inviting invitations from only male or only females) may be accepted unless exempted from the requirements of the Sex Discrimination Act. A statement must be made at the time the advertisement is placed, saying which of the exceptions in the Act is considered to apply.
19b.RACE RELATIONS ACT.
The Publisher reserves the right not to accept recruitment advertisements which request a photograph or hints of discrimination on racial grounds in support of an application.
20. TRADE DESCRIPTIONS ACT
All advertisements will be accepted only on the express condition that the Advertiser warrants that the advertisement does not in any way contravene the provisions of the Trade Descriptions Act 1968.
21. Business Opportunities Advertisements are accepted at the sole discretion of the Advertisement Manager or his/her deputies and will appear in the Classified section under the appropriate heading. Readers are recommended to take professional advice before entering into any obligations.
22. Dating Agencies and advertisements for companions are accepted at the sole discretion of the Advertisement Manager or his/her deputies and will appear in the Classified section under the appropriate heading. Readers are requested to consider very carefully and make the fullest enquiries before giving any personal details.
23. All orders from Advertising Agencies are governed by the standard conditions agreed between the Newspaper Society and the Institute of Practitioners in Advertising. The Director’s personal guarantee given to the Newspaper Society at the time of recognition is deemed to be part of these conditions of acceptance.
24. All gross advertising rates (except Classified Lineage) are subject to a 0.1 per cent Advertising Standards Board of Finance surcharge, payable by Advertisers to help finance the self regulatory control system administered by the Advertising Standards Authority.
25. If an Advertiser in receipt of series or volume discount cancels before fulfilling the terms for the discount, the Publisher reserves the right to make a surcharge up to the full published rates for the type of advertisement.
26. The placing of an order for the insertion of an advertisement shall amount to an acceptance of the above conditions and any conditions stipulated on an Advertiser’s order form or elsewhere shall be void insofar as they are in conflict with them.
27. In accepting these Terms and Conditions, I agree that my details may be used by Newsquest to contact me about this or future advertising.
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