The Wealden Group Advertising Terms and Conditions
- In these terms and conditions “the company” means The Wealden Advertiser Limited, a company registered in England and Wales under company number 2336189 (also trading under the name The Wealden Group) and “the advertiser” means the person, company or other body to whom this document is directed and who wishes to place advertisements in any or all of the company’s publications. “Booking” means a request or order (whether written or verbal) for the advertisement or insert to be placed in any or all of the company’s publications and including but not limited to the company’s publications web sites. Advertising Agencies, unless the context requires otherwise, will be treated as acting as principal.
- These terms and conditions shall govern every booking and shall constitute a contract between the company and the advertiser and shall apply to all advertisements accepted by the company. Any other conditions including the advertiser’s standard conditions of purchase are expressly excluded, and no variation of any of these terms and conditions shall have any effect unless expressly agreed in writing by the company.
- The company reserves the right to refuse, withdraw, omit, modify the size or otherwise deal with all advertisements at its absolute discretion without any liability to the advertiser thereby arising.
- All advertisements are accepted subject to space being available and to the advertising copy supplied by the advertiser being acceptable to the company, in its discretion. The company shall not in any way be liable to the advertiser for any loss suffered by the advertiser due to non-availability of space or unacceptability of advertising copy.
- A verbal booking shall be a contract governed by these terms and conditions. Telephone calls are logged and may be recorded to verify bookings, instructions and for staff training purposes.
- Each booking shall be treated as a separate contract. There shall be no right of set off between separate bookings and/or advertisements and regardless of any series, multiple or separate booking by an advertiser or of any series or other discount offered by the company each booking and each publication of an advertisement shall be deemed to be the subject of a contract.
- The Company reserves the right to determine the position of each advertisement unless a special position, usually offered at a premium, has been agreed by the advertiser and the company.
- The advertiser specifically undertakes that the advertisement (a) shall not contravene any English law, or Act of Parliament (b) shall conform with the British Code of Advertising Practice as stated by the Advertising Standards Authority (c) shall be original to the advertiser or licenced to the advertiser by the originator and shall not be illegal or defamatory or infringe the copyright or other proprietary right of any third party (d) shall be legal, decent, honest and truthful.
- The advertiser shall fully indemnify the company against any claim whatsoever (including legal and other costs and expenses incurred in dealing with any claim) arising from the publication of the advertisement.
- Where an advertisement published provides for replies to be forwarded to a box number, the company will forward replies without undue delay but does not accept responsibility for any loss or damage caused by delay forwarding or failure to forward such replies to the advertiser.
- Advertisement rates are subject to change by the company at any time.
- Where a rate for a specific forward booking commitment has been agreed in writing by the company with the advertiser, the company will not implement any advertisement rate increase until a series booking run has been completed or until renewal of the booking.
- In the case of a series booking, discounts, if agreed in writing when the series is booked in advance will only apply to series bookings completed within the following twelve months and there is no cancellation by the advertiser.
- Any advertiser who cancels part of a series booking may at the company’s sole discretion be charged at the standard rate for each campaign prior to such cancellation, and the advertiser shall immediately pay to the company all such additional sums as may be due as a result of the company so charging.
- Cancellations must be made in writing and acknowledged in writing by the company. Cancellations will only be accepted by the company at least one week prior to publication for weekly publications and at least two weeks prior to publication for monthly and periodical publications.
- Advertising copy must be supplied by the advertiser without request by the company prior to the copy deadline date. Failure to do so will mean that at the company’s discretion existing advertising copy may be repeated or the advertisement will be omitted. In either case the full cost of the advertisement remains payable.
- Where the advertiser requires assistance with the setting of display advertising copy, full instructions and images must be provided at least one full working day before the copy deadline and approval of any artwork set by the company must be given prior to the copy deadline, or such earlier date that the company may determine. Failure to respond in a timely manner to requests approve artwork prior to the copy deadline will result in the company placing the advertisement based on the original information supplied and without the copy having been approved. The company will not be responsible for any errors, omissions or inaccuracies in such circumstances and the advertiser remains liable for the full cost of placing the booking.
- The company will not provide copy proof for lineage, small display advertisements of less than a quarter of a page (half page for A5 publications) or repeat advertisements unless the advertiser requests or only at the company’s sole discretion. The company shall not be liable for errors, omissions or inaccuracies for such advertisements.
- Where errors are clearly the fault of the company and where the copy arrived or was approved before the copy date, any claim by the advertiser shall be limited to a maximum of the cost of the specific advertisement concerned. Whilst every care is taken to avoid errors the company shall not be liable for errors due to insufficient and inaccurate instructions or the failure of the advertiser to respond to copy approval requests or circumstances beyond the company’s control. In cases of typographical errors or minor changes which do not substantially affect the sense of the advertisement, free insertion or credit will not be given.
- The company shall not be liable for any loss suffered by or occasioned to any copy and/or artwork and other property of the advertiser which shall be held at the advertiser’s risk and should be insured by the advertiser against loss or damage from whatever cause. The company reserves the right to destroy, without notice, all copy and/or artwork or other property of the advertiser which has been in its custody for six months from the date of its last use.
- Complaints about mistakes or poor reproduction must be received in writing by the company not more than 10 days after publication date. Complaints received after this time shall not be entertained by the company which shall have no liability in respect thereof.
- Unless an approved credit account has been agreed, payment for advertising is due in full at the time of placing the booking.
- For advertisers with an approved credit account, payment terms are strictly 28 days from the date of invoice unless agreed otherwise in writing.
- All lineage advertisements must be prepaid and no refund will be given upon cancellation.
- Failure to settle any invoice within twenty eight days of the invoice date will render the advertiser liable, at the company’s sole discretion, to lose any discount previously agreed and to pay interest on the outstanding invoices at 5.0% per annum, accruing daily, above Barclays Bank Plc base rate. Failure by the advertiser to comply with these terms or any other payment terms agreed in writing with the company shall entitle the company not to publish any advertisement previously accepted.
- Should any payment due become overdue, any expense incurred by the company in pursuance of collection will be added to the overdue amount. Such charges are non-deductible and are due payable in full by the advertiser.
- In no event shall the company, or those acting legally on its behalf, be responsible or liable for any failure or delay in the performance of its obligations to the advertiser arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, equipment failure, accidents, inclement weather, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services, it being understood that the company shall use reasonable best efforts which are consistent with accepted practices in the publishing industry to resume performance as soon as practicable under the circumstances.
- The various provisions of these terms and conditions are severable and if any of its provisions shall be held to be invalid or unenforceable by any competent court jurisdiction then such invalidity or unenforceability shall not affect the remaining provisions of this agreement.
- This contract shall be governed and construed in all respects in accordance with English law and any disputes will be subject to the jurisdiction of the English Courts.
Wealden Advertiser Limited
Cowden Close, Horns Road, Hawkhurst, Kent, TN18 4QT
Hargreaves Business Park, Hargreaves Road, Eastbourne, East Sussex, BN23 6QW
The Wealden Advertiser
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