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Terms
and conditions
Conditions of Acceptance of Advertisements
1 General In these Conditions:
1.1 "the Company" means Yorkshire Post Newspapers
Limited, Leeds Weekly News Limited, The Reporter Limited,
Yorkshire Post Magazines Limited, The Yeller Publications
Limited, Writers News Limited,
1.2 "the Advertiser" means any person or company placing
with the Company an order for the publication of an advertisement
in any of that Company's newspapers, or other publications.
2 Acceptance of Conditions
In placing an order for the publication of an advertisement,
the Advertiser accepts these conditions. No condition which
conflicts with them is binding on the Company or the Advertiser
unless it is in writing and signed by or on behalf of both
parties.
3 Advertiser's Warranty and Indemnity
3.1 The Advertiser warrants:
(a) That the advertisement is legal, decent, honest and truthful
and that it complies with the British Codes of Advertising
and Sales Promotion, with any relevant codes of practice and
with all requirements of current legislation;
(b) That nothing in the advertisement is defamatory or constitutes
a malicious falsehood;
(c) That the publication of the advertisement will not infringe
copyright or any other rights vested in a third party;
(d) That the Advertiser has secured all necessary authorities
and permission in respect of the use in the advertisement
of any pictorial representations of, or words attributed to,
living persons.
3.2 The Advertiser will indemnify the Company in respect
of all costs, damages or other charges incurred in connection
with any actions or claims brought against the Company arising
from a breach by the Advertiser of this warranty or otherwise
from the publication of the advertisement.
4 Right to Refuse or Amend Advertisements
4.1 The Company reserves the right to refuse to publish
any advertisement if, in the Company's opinion, the advertisement
fails to comply with the requirements of Condition 3.1 above
or the refusal is required in the interest of reader protection,
even if the advertisement has been accepted or previously
published.
4.2 The Company may make any alteration it considers
necessary or desirable in an advertisement including the use
of standard abbreviations, or change the siting of an advertisement
in the relevant publication.
4.3 Mail order advertisements will not be accepted
for publication by the Company unless the Advertiser completes
and returns to the Company a Mail Order Guarantee Form, produced
by the Newspaper Society, prior to the deadline for publication
of the advertisement.
5 Requests for Insertion on Particular Dates or in Particular
Sections
Whilst the Company will endeavour to comply with reasonable
requests for an advertisement to be inserted on a particular
date or in a particular part or edition of the publication,
or to be inserted under a particular classification, the Company
makes no guarantee in respect of any such request.
6 Cancellation
6.1 The Company may cancel the Advertiser's order at any
time, and shall give five days notice of the cancellation
before the next due date of publication of the advertisement
if practicable.
6.2 The Advertiser may cancel its order or the unexpired
part of an order by giving seven days notice of the cancellation
before the next due date of publication, subject to any deadline
as set out in the Company's rate card applicable at the time.
6.3 It is the responsibility of the Advertiser to retain
a note of any "stop number" issued by the Company.
7 Copyright
7.1 Copyright of all artwork, copy or other material created,
reworked or contributed to by the Company shall vest in the
Company.
7.2 The Advertiser authorises the Company to record, reproduce,
publish, distribute and broadcast (or to permit the same)
all advertisements (including but not limited to text, artwork
and photographs) and to include and make them available in
any information service, electronic or otherwise.
8 Advertiser's Property Held at Advertiser's Risk
All artwork, photographs, film or other property delivered
by the Advertiser to the Company is held by the Company at
the Advertiser's risk and the Advertiser should insure all
such property against loss or damage from whatsoever cause.
The Company reserves the right to destroy without notice all
artwork, photographs, film or other property which has been
in its custody for six months from the date of its last appearance
in an advertisement, unless the Advertiser has given written
instructions to the contrary.
9 Box Numbers
9.1 The Company will endeavour to forward all replies
to a box number, to the Advertiser, as soon as possible after
receipt, but the Company accepts no liability in respect of
any loss or damage alleged to have arisen through delay in
forwarding or omitting to forward such replies, howsoever
caused. The Advertiser authorises the Company to examine material
passing through boxes and to return to its originator any
communication which, in the opinion of the Company, should
not be delivered to the Advertiser.
9.2 Advertisements from dealers are not accepted under
a box number.
10 Right to Disclose Information
10.1 All advertisements must be accompanied by the Advertiser's
full name and address. All trade advertisements must contain
a trading name.
10.2 The Company reserves the right to refuse an advertisement
containing only a mobile telephone number unless the Advertiser
discloses to them a BT land line number (or similar).
11 Errors and Omissions - Limitation of
Company's Liability
11.1 The Advertiser shall check the advertisement and
notify the Company immediately in writing of any errors. The
Company has no responsibility for the repetition of errors
in a series of advertisements unless notified by the Advertiser.
11.2 In the event of any error, misprint or omission
in the printing of an advertisement the Company will either
re-insert the advertisement or relevant part thereof, or make
a reasonable refund or adjustment to the cost. No re-insertion,
refund or adjustment will be made where the error, misprint
or omission does not materially detract from the advertisement.
11.3 In no circumstances shall the Company's total
liability (including consequential liability) in respect of
any error, misprint or omission exceed either the amount of
a full refund of any price paid to the Company for the advertisement
in connection with which liability arose, or the cost of a
further or corrective advertisement of a type and standard
reasonably comparable to that in connection with which liability
arose.
11.4 The Company shall not be liable for any loss or
damage (including consequential loss or damage) occasioned
by any total or partial failure for reasons beyond the Company's
control of publication or distribution of any newspaper, edition,
supplement thereof or other publication in which any advertisement
is scheduled to appear.
12 Assignment
12.1 The Company shall be entitled to assign its contract
with the Advertiser or any of its rights or benefits thereunder
to any other company within the group of Regional Independent
Media Limited.
12.2 The Advertiser may not assign, transfer, sub contract,
charge or in any other way deal with any of its rights or
obligations under this Agreement without the Company's prior
written consent.
13 DATA PROTECTION ACT
3.1 The company will hold information we obtain in our
dealings customers and may share it with other companies in
the Regional Independent Media Group. We and other Regional
Independent Media Group Companies may use this to tell you
of other services we think will interest you, to administer
your account for statistical purposes, for debt collection
and for fraud and crime prevention.
13.2 Telephone calls to the company may be monitored or
recorded for staff training purposes
13.3 If you do not wish your information to be used
for marketing purposes, please write to the company. PO
Box 168 Wellington Street, Leeds LS1 1RF You may write
to us for a list of Group companies.
ORDERS FOR THE INSERTION OF ADVERTISEMENTS
ARE ACCEPTED SUBJECT TO THE FOLLOWING PAYMENT TERMS
1 General In these Conditions:
1.1 "the Company" means Yorkshire Post Newspapers Limited
Leeds Weekly News Limited The Reporter Limited Yorkshire Post
Magazines Limited The Yeller Publication Limited Writers News
Limited
1.2 "the Advertiser" means any person or company placing
with the Company an order for the publication of an advertisement
in any of that Company's newspapers, or other publications.
2 Rates
2.1 The rates charged for the insertion of advertisements
shall be those set out in the Company's rate card in force
at the time the order is placed. The rate card is subject
to change at any time and may vary between Companies and publications
within the Regional Independent Media Limited group of titles.
Copies are available on request.
2.2 It is the responsibility of the Advertiser to bring
to the Company's attention at the time of booking any discount,
allowance or exemption from Value Added Tax to which entitlement
is claimed.
2.3 All gross advertising rates (except classified
lineage and semi display) are subject to the Advertising Standards
Board of Finance (ASBOF) levy from time to time (currently
0.1 %) payable by the Advertiser to help finance the self
regulatory system.
3 Advertising Agencies
3.1 Commission will only be granted to agencies formally
recognised by the Newspaper Society or the Company at the
time of placing the order. The rate of commission payable
will be determined by the Company and may be varied or withdrawn
at the Company's discretion at any time, subject to giving
the advertising agency seven days written notice thereof.
3.2 All advertising agencies claiming commission must
quote order numbers for every booking made.
3.3 The Company reserves the right to vary these terms
of acceptance of advertising and payment in respect of any
advertising agency at the Company's discretion, subject to
giving the advertising agency seven days written notice thereof.
4 Time of Payment
4.1 Pre-payment may be required for any advertisement
at the Company's discretion.
4.2 Save as provided for under Clause
4.1 above, payment shall be made for each advertisement
within seven days of the date of the invoice, except that
payment of advertisements charged to an approved credit account
shall be made no later than the 24th day of the month following
the month in which the invoice was dated. Should the Advertiser
be in breach of these terms, or of any contract with the Company,
then the full amount in respect of all advertising published
and all other amounts accruing from the Advertiser shall become
due and payable.
4.3 The Company reserves the right to withdraw credit
facilities from any Advertiser at the Company's discretion
subject to giving the Advertiser seven days written notice
thereof, if practicable, or forthwith upon the issue of any
Court proceedings against the Advertiser.
4.4 All payments must be accompanied by the remittance
advice issued by the Company.
4.5 Any query in respect of an invoice must be brought
to the attention of the Company within seven days of its issue.
5 Late Payments
5.1 The Company shall be entitled to charge interest
on all sums due at a rate of 2% above the base rate for the
time being of Lloyds Bank Limited until payment is received,
after as well as before any judgement is obtained.
5.2 The Company shall be entitled to add to any sums
due any reasonable costs and expenses (including administrative
costs) incurred by the Company in obtaining payment thereof
on an indemnity basis.
5.3 The Company shall be entitled to charge the Advertiser
£15.00 in respect of any cheque tendered which is not met
upon presentation (and to vary this charge at any time without
notice).
5.4 The Company reserves the right to exercise a lien
over any documents or other property of the Advertiser in
its possession if the Company's charges are not paid in accordance
with these terms and the Company's rate card from time to
time.
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