Upon placing an order you ("the Advertiser") will be bound
by the following terms and conditions:
|
| 1. |
In these terms and conditions "the Publisher" means United Advertising
Publications plc.
|
| 2. |
These terms and conditions apply to advertising booked in
the Publisher's print titles, web-based products, digital television products,
and any combination.
|
| 3. |
(i) In certain circumstances, set out in the second part of this
paragraph, the Publisher reserves the right to amend the content, heading,
or insertion date of any advertisement. The Publisher shall make every reasonable
attempt, where practicable, to contact the Advertiser prior to such amendment
and the Advertiser shall in these circumstances have the option to cancel
the advertising contract.
(ii) The circumstances are: where the Advertiser does not in his advertisement
comply with relevant legislation or where no new advertising copy (which
in these terms and conditions means text and/or graphics as appropriate)
has been supplied or where the Advertiser is an account customer and the
Publisher's credit terms have been exceeded.
|
| 4. |
In all other cases the Publisher will only accept cancellations
or amendments as follows:
(i) In the case of advertisements booked to appear in printed publications,
the request for the cancellation or amendment must be in writing and must
be received 14 days prior to the publication date in the case of weekly
titles, and 21 days prior to the publication date in the case of monthly
titles. Although cancellation or amendment requests can be made by telephone,
a cancellation or amendment number will be given to the Advertiser over
the telephone. This cancellation number must then be quoted in written confirmation
of cancellation or amendment. Telephone cancellations or amendments will
not be accepted in any circumstances after the deadline for written cancellation
or amendment.
(ii) In the case of advertisements booked to appear "on line" in one of the Publisher's electronic products, notice of cancellation must be given by email from the Advertiser to the Publisher, following which the advertisement will be removed as soon as is reasonably practicable, prior to the original expiry date. No refunds will be given, the Advertiser will remain liable for all charges up to the original expiry date, i.e. for the full contract period originally booked.
|
| 5. |
The Publisher will not be liable for any loss arising from
the failure to publish any advertisement in a specific section or on a specific
page or from the failure to publish any advertisement in a specific issue
or at all if such failure is caused by circumstances beyond the control
of the Publisher. This includes technical problems with websites or servers
or other electronic products beyond the control of the Publisher.
|
| 6. |
The Publisher shall not be liable in respect of errors contained
in advertisements, where wrong information has been supplied to the Publisher
by the Advertiser or where the Advertiser has failed to correct advertising
copy submitted by the Publisher, provided that the Publisher has allowed
the Advertiser sufficient time to correct the advertising copy.
|
| 7. |
The Publisher shall be entitled to destroy all material held in respect
of any advertisement if the Advertiser does not reclaim it within 6 months
from the date of publication of the last advertisement.
|
| 8. |
Account facilities are only available to trade advertisers.
When assessing applications for credit terms the Publisher will make a search
with a credit reference agency, which will keep a record of that search
and will share that information with other businesses. The Publisher may
also make enquiries about the principal directors with a credit reference
agency. The Publisher will monitor and record information relating to your
trade performance and such records will be made available to credit reference
agencies who will share that information with other businesses in assessing
applications for credit and fraud prevention. Such information will also
be made available to other organisations to assess applications for credit.
|
| 8.1 |
The Publisher reserves the right to amend, suspend or withdraw
account facilities at their absolute discretion without notice. The Publisher
shall attempt, where practicable, to contact the advertiser prior to such
amendment, suspension or withdrawal. This will apply where eg the Publisher
receives unsatisfactory bank references or where an Advertiser's account
is unpaid under the Publisher's credit terms.
|
| 8.2 |
Where credit terms have been agreed payment must be made
in full by the invoice due date. Failure to pay in accordance with this
clause shall entitle the Publisher without prejudice to any other rights
to terminate the contract immediately in respect of future advertising and
to charge interest at the rate of 8% per month above the Bank of England
base rate together with compensation for debt recovery costs pursuant to
the provisions of The Late Payment of Commercial Debts (Interest) Act 1998
as amended and supplemented by The Late Payment of Commercial Debts Regulations
2002.
|
| 9. |
The Advertiser should be aware that his advertising must
comply with current UK legislation including The Trades Descriptions Act,
The Fair Trading Act, The Consumer Credit Act, The Sex Discrimination Act,
The Race Relations Act and The Business Advertisements (Disclosure) Order.
In addition all advertisements must comply with the British Code of Advertising
Practice.
|
| 10. |
(i) Where the Publisher has (without making an additional
charge to the Advertiser for doing so) prepared or arranged for the preparation
of artwork, drawings, sketches, photographs and text the Advertiser hereby
grants to the Publisher all intellectual property rights in such artwork,
drawings, sketches, photographs and text and these shall at all times, remain
the Publisher's property. No licence is granted to the Advertiser or any
other person in respect of these intellectual property rights. The Advertiser
undertakes not to reproduce or authorise any other person to reproduce the
said artwork, drawings, sketches, photographs and text without the written
consent of the Publisher.
(ii) The Advertiser shall grant to the Publisher a licence to publish all
photographs and other material submitted to the Publisher by the Advertiser
for this purpose and warrants that the Advertiser is the owner of the copyright
in such material or has the authority of the owner of the copyright to grant
this licence to the Publisher. The Advertiser shall indemnify the Publisher
against any claims brought by third parties in relation to the use of the
material by the Publisher.
|
| 11. |
(i) The Advertiser is responsible for ensuring that no advertising
copy supplied to the Publisher:
(a) infringes or prejudices the rights of any third party (including intellectual
property rights); or
(b) is defamatory of any third party; or
(c) infringes any laws, regulations or voluntary codes of conduct within
any country in which the advertisement is to be published.
(ii) The Advertiser shall be responsible for any losses, expenses or other
costs incurred by the Publisher arising in respect of the advertisement
and/or its publication, (eg if we have published an advertisement in good
faith and then action is taken against us by a third party because of the
content of the advertisement). This term will apply only where the Publisher
has not acted negligently.
|
| 12. |
The Advertiser agrees to notify the Publisher of his trading
status. It is an offence for traders to represent themselves as private
advertisers. The Publisher can accept no liability in respect of any trade
advertisement where the Advertiser's status as a trader has not been disclosed
to them.
|
| 13. |
All advertising copy must be received prior to the Publisher's
copy deadlines and the Publisher shall not be liable in the event of late
delivery of copy by the Advertiser. It is the responsibility of the Advertiser
to supply copy to the Publisher and if it is not received within the copy
deadlines, the Publisher shall be entitled to publish a previous advertisement
(if appropriate). The Publisher shall in these circumstances attempt, where
practicable, to contact the Advertiser prior to publication.
|
| 14. |
The Publisher shall be entitled at its election, and without
additional cost to the Advertiser, to publish the Advertiser's advertisement,
or an appropriate extract, additionally in other formats (including electronic
formats) than the format in which the advertisement was originally booked,
UNLESS the Advertiser instructs the Publisher not to do so.
|
| 15. |
The Publisher reserves the right to refuse to accept advertising
copy which includes references (including hypertext links) to websites owned
or operated by third parties.
|
| 16. |
The Advertiser is expected to provide updated details on
the availability of items advertised on a regular basis. Should the Advertiser
fail to do so, or in the event that substantiated complaints are received
from customers responding to the Advertiser's advertisement, the Publisher
reserves the right to cease to publish or carry the advertisement and to
decline further business from the Advertiser.
|
| 17. |
It is the intention of the Publisher that all the terms of
the agreement between the Publisher and the Advertiser are contained in
this document. If the Advertiser wishes to rely on any variation to these
terms, such variations must be agreed with the Publisher at the time that
the contract is entered into and confirmed in writing to the Publisher as
soon as possible thereafter.
|
| 18. |
The agreement will be governed by the law of England and
Wales and the Publisher and Advertiser agree to submit to the exclusive
jurisdiction of the Courts of England and Wales in respect of any disputes
arising under the agreement.
|
| |
|
| Notes |
All advertising is accepted
subject to the approval of advertising copy and, where appropriate, an Advertiser's
Undertaking form must be completed. Additional terms and conditions apply
to Advertising Agencies and these are available upon request from the Publisher.
|
