CONDITIONS OF ACCEPTANCE OF ADVERTISEMENTS(WEBSITE AND NEWSPAPER) The Farnborough News and Mail and Farnborough News and Mail Online are produced and published by Surrey & Berkshire Media Ltd ("the publisher") of Stoke Mill, Woking Road, Guildford, Surrey, GU1 1QA. Orders for insertion of advertisements in Farnborough News and Mail and Farnborough News and Mail Online are accepted subject to the following conditions. For the avoidance of doubt, in these terms the words "published" or "publication" shall mean published in any newspaper [and/or on any Website(s)] owned and produced by the publisher. (1) The placing of an order constitutes a warranty from the advertiser
and/or advertising agency to the publisher: ii) that the advertisement is not defamatory and does not infringe the copyright moral rights or any other rights of any third party. (2) Advertisements appearing on Farnborough News and Mail Websites may contain only hyperlinks or metatags linking to the advertiser's own website. No hyperlinks or metatags may be included in any advertisements save with the express prior permission of the publisher. (3) The advertiser and/or advertising agency agrees to indemnify the publisher in respect of all costs, claims, damages, or other charges arising directly or indirectly as a result of the publication of the advertisement(s). (4) While every endeavour will be made to meet the wishes of advertisers, the publisher does not guarantee the publication of any particular advertisement or its publication on any particular date. (5) (i) In the event of any error, misprint or omission in the publication of an advertisement or part of an advertisement (however caused) the publisher will either re-publish the advertisement or relevant part of the advertisement as the case may be or make a reasonable refund of or adjustment to the cost. No re-publication, 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 (iii) It is the responsibility of the advertiser/advertising agency to
check the first (iv) Save as set out above, the publisher accepts no liability in respect
of any loss or (6) Without prejudice to the foregoing, the publisher accepts no liability
in respect of (7) The publisher reserves the right to: (i) Refuse any advertisement or if already accepted to cancel the order
at any time by (8) An advertising agency may cancel any unexpired part of an order without penalty in the event of the death or failure of its client. (9) The copyright for all purposes in all artwork, copy and other material
which (10) The placing of an order by an advertiser, or an advertising agency on behalf of a client, constitutes an assurance that all necessary authority and consents have been secured in respect of the use in the advertisement(s) (a) of pictorial or other representations of (or purporting to be of) living persons, and of references to any words attributed to living persons and (b) any material the copyright in which vests in a third party. (11) Any material submitted by the advertiser is held by the publisher at the advertiser's risk and should be insured by the advertiser against loss or damage from whatever cause. The publisher reserves the right to destroy without notice all such property after the date of its last appearance in an advertisement unless the advertiser has given instructions to the contrary. (12) Orders cannot be cancelled once the publisher has commenced to carry out the order in accordance with the first publication date requested by the advertiser. In other cases the publisher will require four clear working days' notice of cancellation of any order or unexpired part of an order, or in the case of an advertisement which by reason of its position is chargeable at a premium rate, not less than twenty-eight clear working days' notice. All cancellations must be notified in writing. Email notification of cancellation is not acceptable. (13) The rate payable for transmission of any advertisement shall be in accordance with the Publisher's current rates from time to time [as set out below: click to view] save as otherwise agreed with the Publisher. All gross advertising rates (except classified lineage and semi-display) are subject to a 0.1% Advertising Standards Board of Finance (ASBOF) levy, payable by advertisers to help finance the self-regulatory system administered by the Advertising Standards Authority. (14) Unless credit terms have been agreed, payment must be received in full no later than [ ]. Payment may be made by cheque, Barclaycard, VISA, Switch, Mastercard. When credit is allowed, payment terms are subject to the cash flow rules currently in force and as agreed between the Newspaper Society, the Newspaper Publishers Association Ltd, the Institute of Practitioners in Advertising and the Incorporated Society of British Advertisers: (i) The due date for payment is the last day of the month after the month in which the advertisement appeared provided that, invoices and, in the case of print advertisements, vouchers or other proof of insertion have, if required, been dispatched not later than the 10th of the month following the month of insertion. (ii) When the sum owing has not been dispatched to the publisher by
the last day of (iii) When the sum owing has not been dispatched by one further month after (ii) Above, a further surcharge of 2% will be added, making the rate of surcharge 5%. (iv) The existence of a query on any individual item in an account shall
not affect (15) (i) 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. (16) Advertising orders are issued by an advertising agency as a principal
and must be on (17) The terms of the terms of the Recognition agreement between the Newspaper Society, or between the Newspaper Society and the Newspaper Proprietors Association and recognised advertising agencies are deemed to be incorporated in these conditions of acceptance of advertisement orders for the publication and transmission of all advertisements accepted from the recognition advertising agency. Without prejudice to the generality of these terms, these conditions of acceptance specifically extend to any personal guarantee given by the Directors or any other person on behalf of a recognised agency at the time of recognition in respect of any unsatisfied liabilities of the agency in the event of the agency's liquidation or insolvency. Such guarantee is part of these conditions of acceptance. (18) 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 agency's or advertiser's order form or elsewhere by an agency or an advertiser shall be void insofar as they are in conflict with them. (19) These terms and conditions shall be governed by and construed in
accordance with the laws of England and Wales. |
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