(1)The placing of an order constitutes a warranty from the Advertiser and/or advertising agency to the Publisher:
(i) That the advertisement is legal, decent, honest and truthful, complying with the British Codes of Advertising and Sales Promotion, with any relevant codes of practice and with the requirements of current legislation; and
(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 the Websites may contain only hyperlinks or meta tags linking to the Advertiser's own Website. (No hyperlinks or meta tags may be included in any advertisements save with the express prior permission of the Publisher). The advertisement will be in the following format:
- A Graphic 170 pixels wide containing the Company Logo or whatever else is required by the Advertiser.
- A Reasonable amount of 'Alt Text' to be shown when the cursor is held over the 'Graphic'.
A Hyperlink to a suitable landing page on the Advertiser's web site
- All images should in JPEG format. If not provided as 170 pixels wide then they will be re-sized by the Publisher before being uploaded.
The Advertiser is free to provide an animated GIF image instead of a static JPEG as long as the animation will not detract from then nature and content of the web site.
Any single Model or set of Model Pages
Any single Marque or set of Marque Pages (choosing a Marque automatically includes all Models of that Marque)
Any single Company or set of Company Pages
Any single Country or set of Country Pages (choosing a Country automatically includes all Companies within that Country)
Any general Pages
(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 or omission exceed
(a) the amount of a full refund of any price paid to the Publisher for the advertisement in connection with which liability arose or
(b) the cost of a further or corrective advertisement of a type and standard reasonable comparable to that in connection with which liability arose.
(iii) It is the responsibility of the Advertiser/advertising agency to check the first appearance of any series of advertisements and notify the Publisher immediately of any errors. The Publisher assumes no responsibility for the reception of errors unless notified by the Advertiser.
(iv) Save as set out above, the Publisher accepts no liability in respect of any loss or damage occasioned directly or indirectly as a result of publication of any advertisement or any loss or damage occasioned directly or indirectly by any total or partial failure (however caused) of publication of any advertisement or of any Website in which any advertisement is scheduled to appear.
(6)Without prejudice to the foregoing, the Publisher accepts no liability in respect of any loss or damage alleged to have arisen through delay in forwarding or omitting to forward replies to box numbers to the Advertiser (however caused). The Advertiser hereby authorises the Publisher to return to its originator or destroy any communication which, in the reasonable opinion of the Publisher, should not be delivered to the Advertiser.
(7)The Publisher reserves the right to:
(i) Refuse any advertisement, or if already accepted to cancel the order at any time by giving reasonable notice before the next insertion, but in that event the Advertiser/advertising agency shall not be liable for payment of the difference (if any) between the rates for the series specified in the order and the usual price for the series of insertions which has appeared when the order is stopped;
(ii) Require any alteration it considers necessary or desirable in any advertisement.
(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 the Publisher or his employees have originated, contributed to or reworked shall vest in the Publisher.
(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)
(i) of pictorial or other representations of (or purporting to be of) living persons, and of references to any words attributed to living persons and
(ii) 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 that twenty-eight clear working days' notice. All cancellations must be notified in writing. Writing may include hard copy, fax and/or Email from an authorised person.
(13)The rate payable for transmission of any advertisement shall be in accordance with the Publisher's current rates from time to time save as otherwise agreed with the Publisher.
(14)Unless credit terms have been agreed, payment must be received in full prior to insertion. Payment may be made online via PayPal only. The Publisher will send a PayPal Payment Request for each advertisement. If the Advertiser does not have a PayPal account then payment can still be made via this facility using any of the major credit or debit cards accepted by PayPal. This payment method has the benefit for the Advertiser, that the Publisher is never in possession of the Advertiser's credit card details. Payment must be made, twelve monthly in advance, starting on the 1st of the month following publication on the website. Renewal is then due every twelve months and the Advertiser will be notified by email and by a PayPal Payment Request. Failure to pay a renewal invoice on demand will result in the advert being removed from the website.
(15)Advertisements received are subject to the relevant UK rules regarding VAT as follows;
- For a UK Customer, VAT will be charged.
- For a Customer trading within the EU and registered for VAT, no VAT will be charged but the Customer must provide the Publisher with their VAT number. The Customer is then responsible for accounting for VAT in their own Country in the normal way.
- For a Customer trading within the EU and NOT registered for VAT, UK VAT will be charged.
- For a Customer trading outside of the EU, then no VAT or other Sales Tax is chargeable.
(16)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.
(17)Advertising orders are issued by an advertising agency as a principal and must be on the agency's official form. When copy instructions not constituting an official order are issued, they shall be clearly marked "Copy instruction - not an order".
(18)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.
(19)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.
(20)These terms and conditions shall be governed by and construed in accordance with the laws of