Conditions of acceptance of advertisements for the Newsquest Media Group
1. The following terms and conditions apply to the placing of an order for insertion of an advertisement (“ad”) in Newsquest Media Group (“Newsquest”) printed or electronic publications, including ads created by advertisers through our online self-service facilities. 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 ad on their own account or on behalf of another.
2. All ads must comply with our deadlines and our production and quality specifications, as published from time to time (See www.theargus.co.uk). The advertiser also confirms that the ad complies with all applicable legislation, regulations and codes of practice, including for example laws against discrimination on grounds of age, sex, race or religion, laws of fair trading and credit advertising and the codes supervised by the Advertising Standards Authority (“ASA”). We may refuse an ad before acceptance for any reason, or reject or require changes to an ad 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 technical specifications.
3.The advertiser further confirms that: i) the publication of the ad 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 consent from living persons identified in copy or pictures (photographic or otherwise); iii) in respect of an investment ad, the contents have been approved by, or the advertiser is, an authorised person within the meaning of the Financial Services Act 1986 as amended or the ad is otherwise permitted under that Act. 4.No hyperlinks or metatags may be included in an online ad unless we have agreed in writing.
5.All ads 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. We will cancel publication of an ad for which payment has not been received on time. 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.
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 ads from advertising agencies if they are recognised by us. The terms of the Newspaper Society’s current agency recognition agreement are deemed to apply.
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 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.
8.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.
9.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.
10.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.
11.We will notify the advertiser of the latest time ad copy can be received by us (“the copy deadline”). Except for premium rate ads (where we require 28 days’ written notice), an advertiser may cancel by written notice up until copy deadline for the ad (or the first ad in a series) and we will make reasonable efforts to re-sell the space, but the advertiser will 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 not done). We will reclaim any unearned volume-based discount on a cancelled ad series. Private advertisers booking remotely by telephone or online may cancel in accordance with relevant law, but no refund shall be available after the copy deadline unless cancellation is due to our negligence. If the copy is not received by the copy deadline, we will not be liable if the ad does not appear, but the advertiser will remain liable to make full payment for the price of the ad.
12.We may cancel the order at any time without liability if the advertiser breaches these conditions and the breach is not capable of remedy or it continues for seven days after we have given notice of it, or if we reasonably believe the advertiser is unable to pay debts or the advertiser goes or threatens to go out of business or if we decide to discontinue the relevant publication.
13.We will try to satisfy an advertiser’s request regarding the positioning of an ad, but no guarantee of position can be given unless agreed by us and paid for at the rate then current. .
14.We are not liable for any error, misprint or non-appearance of an ad unless caused by our negligence, in which case our total liability to the advertiser shall be limited to a re-insertion or proportionate refund. The advertiser is solely responsible for checking the advertisement on each insertion and ordering correction where necessary before the copy deadline. Nor are we liable for an error or misprint that, in our reasonable opinion, does not materially detract from the ad. 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.
15.Ads are accepted on condition that we have the right to publish and distribute them in all editions in any form or medium, including for example online and in all electronic media as well as paper. The copyright in work or material we contribute to or re-work for an ad belongs to us. We will dispose of advertiser’s copy, artwork, photographs or other materials after six months unless collected.
16.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 or 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. We shall try to maintain continuity of online services, but we do not guarantee that they will be free of interruption and they may be suspended for maintenance or other reasons from time to time.
18.The advertiser will be liable to pay us for all costs, losses, expenses and damages of any kind 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 an ad, unless arising from our own negligent act or failure.
19.Our delay or failure to enforce or our waiver of any of our rights under these terms and conditions on any occasion shall not restrict the exercise or enforceability of such rights in the future.
20.These terms and conditions are governed and interpreted in accordance with the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales.
Newsquest Media Group