Conditions of Acceptance
1. The following conditions apply to the placing of an order for insertion of advertisements in printed or electronic publications of Exchange Enterprises. Each order will form a separate agreement and English law will apply. Any change to these conditions must be agreed by us in writing (which means by exchange of letter, fax or email). An “advertiser” means any person or organisation placing an advertisement on their own account or on behalf of another.
Contents
2. The advertiser confirms that the advertisement complies with all applicable legislation, regulations and codes of practice, including the British Code of Advertising Practice. We may reject or require changes to any advertisement so 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 production and quality specifications.
3. The advertiser further confirms that: i) the publication of the advertisement 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 advertisement have been obtained and paid for, including consent from living persons identified in copy or pictures (photographic or otherwise); iii) the advertisement does not unlawfully discriminate on grounds of age, sex, race or religion; iv) the advertisement is not promoting illegal goods and/or services; v) in respect of a financial advertisement (including insurance), the contents have been approved by, or the advertiser is, an authorised person within the meaning of the Financial Services and Markets Act 2000 as may be amended or replaced, or the advertisement is otherwise permitted under that Act; vi) in respect of credit or hire advertisements, the contents comply with the Consumer Credit (Advertisements)(Amendment) Regulations 2007, as may be amended or replaced. 4. An advertiser using a third party service provider shall be solely responsible for ensuring the accuracy of copy and the timeliness of its delivery.
Payment
5. All advertisements must be paid for in full at the time of booking unless credit has been agreed. The price shall be the amount fixed by our published rate card on the date of acceptance of the order plus VAT where applicable. For non-credit advertisers, we will cancel publication of an advertisement that has not been paid for on time. For credit advertisers, interest will be charged on late payments at the rate of 3% above the Bank of England's base lending rate from the date payment is due together with the administration costs of collecting an overdue debt.
6. By placing an order with us, an advertising agency confirms that it contracts as principal with full authority from its client in all matters connected with the order and is responsible for all payments due. We will only accept advertisements from advertising agencies if they are recognised by us.
7. 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 any fixed-term agreement for a series of advertisements. 28 days notice will be given in respect of increases for advertisements booked 'until cancelled'.
Cancellation
8. Print advertisements: After an order is placed, advertisements booked on a series contract, in special positions or on gloss paper may be cancelled no later than 14 days before publication. All other orders for print advertisements may be cancelled up until the Friday prior to publication.
Web advertisements: Online advertisements are booked on a 'til cancelled' basis; online trade advertisements may be cancelled only after a minimum of 13 weeks publication on 28 days notice but without further liability.
Private advertisers have rights of cancellation before publication under distance selling regulations, but no refund shall be available after any relevant cancellation deadline unless cancellation is due to our negligence.
On cancellation of any order, we will make reasonable efforts to re-sell the space, but the advertiser will be liable for the price if the space is not sold and we will reclaim any unearned volume-based discount. A stop code will be given at the time of any cancellation and must be retained for future reference. Cancellations will only be accepted if notified directly in writing to Exchange Enterprises. If copy and other contents are not received in full by the relevant cancellation deadline, we will not be liable if the advertisement does not appear, but the advertiser will remain liable for the price.
9. We will try to satisfy an advertiser's request regarding the positioning of an advertisement, but no guarantee of position can be given unless agreed by us and paid for at the applicable premium rate.
Errors
10. We are not liable for any error, misprint or non-appearance of an advertisement unless caused by our negligence, in which case the advertiser will be entitled to a re-insertion or proportionate refund. The advertiser is solely responsible for checking the advertisement on each insertion and ordering correction where necessary. Except where we have been negligent, we shall not be liable for the repetition of an error which is not notified to us in time for correction. Nor are we liable for an error or misprint that, in our reasonable opinion, does not materially detract from the advertisement. We shall not be liable in any case for losses relating to any business or public fund-raising of the advertiser, such as lost customers, revenue or profit.
Copyright
11. Advertisements are accepted on condition that we have the right to publish and distribute them in all editions in any form or medium, including online and digital facsimile. The copyright in work or material we contribute to or re-work for an advertisement belongs to us. We will dispose of advertiser's copy, artwork, photographs or other materials after six months unless collected.
General
12. 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, industrial dispute). 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.
13. We will use the advertiser's personal details for internal administration and share financial details with credit reference agencies (who will share the information with other businesses for credit reference purposes). Unless the advertiser tells us not to in writing at any time, we may also share such details with other Newsquest companies or with carefully selected third parties, who may send information about goods and services.
14. The advertiser will be liable to pay us for all our costs, losses, expenses and damages of any kind (including legal costs) suffered or incurred by us as a result of legal claims or actions, actual or threatened, arising from the advertiser's breach of these conditions or the publication of the advertisement, unless caused by our own negligent act or failure.
15. We may cancel the order at any time if the advertiser breaches these conditions and the breach is not capable of remedy or it continues for seven days after we have given written notice of it, or if we reasonably believe the advertiser is unable to pay its debts or the advertiser goes or threatens to go out of business.
Exchange Enterprises, a division of Newsquest Media (Southern) Ltd. Company number: 1350. VAT registration number: 667830108. Trading address: Richmond Hill, Bournemouth, Dorset BH2 6HH.
