Newspaper advertising - Conditions of acceptance

Newspaper advertising - Conditions of acceptance

Reporter:

James Preston

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BAYLIS MEDIA LIMITED

CONDITIONS OF ACCEPTANCE AS AT APRIL 2016

Orders for insertion of advertisements in the Maidenhead Advertiser Series and the Slough and

Windsor Express Series and associated websites are accepted subject to the following conditions:-

1. Advertisement copy shall be legal, decent, honest and truthful; shall comply with the British

Code of Advertising Practice and all other codes under the general supervision of the Advertising

Standards Authority; and shall comply with the requirements of current legislation. In placing the

Advertisement the Advertiser agrees that the Company may at its option publish the Advertisement

in electronic format.

2. *While every endeavour will be made to meet the wishes of advertisers, Baylis Media Ltd (the

publisher) does not guarantee the insertion or position of any particular advertisement nor does the

publisher guarantee to place advertisements in alphabetical order or in specifi c categories.

3. Whilst doing its upmost to avoid error, the publisher does not hold itself responsible for any

mistakes that arise in course of publication. Mistakes must be notifi ed to the publisher within

one week of insertion; after that period has elapsed claims for credit cannot be considered. The

publisher will not accept responsibility for repetition of any error on subsequent insertions and

therefore requests that advertisers kindly check their advertisements weekly.

4. In the event of any error, misprint or omission in the printing and publishing of an advertisement

or part of an advertisement (not being a matter covered by Clause (5) of this Contract) the publisher

will either reinsert 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-insertion, refund or adjustment will be

made where the error, misprint or omission does not materially detract from the advertisement. 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.(b) the cost of a further or corrective advertisement of a type and standard

reasonably comparable to that in connection with which liability arose.

5. The publisher reserves the right to:-

(a)* 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 specifi ed in the order and the usual price for the series of

insertions which has appeared when the order is stopped;

(b)* make any alteration it considers necessary or desirable in an advertisement and to require

copy to be amended to meet its approval

(c)* increase the advertising rates at any stage. Any rate increase will effect all current bookings

unless prior agreement has been made

6. The copyright for all purposes in all artwork, copy and other material which the publisher or his

employees have contributed to or reworked shall vest in the publisher.

7. *Copy will be changed as required by the advertiser / advertising agency, provided adequate

time is allowed.

8. *Omissions or wrong insertions will only be made up with the agreement of the advertiser /

advertising agency.

9. *The publisher will allow to an advertising agency the right to cancel any unexpired part of an

order without penalty in the event of the death or failure of its client.

10.*Advertisement orders are issued by an Advertising Agency as a Principal and must be on the

Agency’s offi cial form. (When copy instructions not constituting an offi cial order are issued, they

shall be clearly marked at the head ‘Copy instructions - Not an Order’).

11.*Proofs are to be passed by the Agency before insertion if time permits.

12.*Voucher copies, tear sheets or other proof of insertion, as agreed, are to be supplied to the

agency as soon as possible after publication in an electronic format unless otherwise agreed.

13. *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 permission has been secured in respect of

the use in the advertisement(s) of pictorial representations of (or purporting to be of) living persons,

and of references to the words attributed to living persons.

14. *The advertiser / advertising agency agree to indemnify the publisher in respect of all costs,

damages, or other charges falling upon the newspaper as a printed or electronic format as the result

of legal actions or threatened legal actions arising from the publication of the advertisement, or any

one or more of the series of advertisements, published in accordance with the copy instructions

supplied to the newspaper in pursuance of the advertiser / advertising agency’s order. In any

case where a claim is made against the newspaper or the newspaper is sued and the advertiser /

advertising agency may ultimately be liable under the terms hereof, notice in writing shall be given

to the advertiser / advertising agency, and consultation shall take place before any expense is

incurred or the claim is settled or the case is defended or otherwise disposed of. (Advertisements of

prospectuses and company meetings are excluded from clauses (14) and (15).

15. All gross advertising rates (except classifi ed lineage and semi-display) are subject to 0.1%

Advertising Standards Board of Finance surcharge payable by advertisers to help fi nance the selfregulatory

control system administered by the Advertising Standards Authority.

16. When monthly credit is allowed, payment for an advertisement is subject to the cash fl ow rules

currently in force and as agreed between the News Media Association, the Institute of Practitioners

in Advertising and the Incorporated Society of British Advertisers. The due date for payment is as

shown on the invoice submitted by the publisher.

17. The publisher shall not be liable for any loss or damage occasioned by any total or partial

failure (however caused) of publication or distribution of any newspaper or edition in which any

advertisement is scheduled to appear.

18. Every endeavour will be made to forward replies to box numbers to the advertiser as soon

as possible after receipt by the publisher, but the publisher 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 publisher to return to its originator any

communication which, in the opinion of the publisher, should not be delivered to the advertiser.

19. The layout, design, type faces / sizes, border, etc. of any advertisements which are not complete

artwork are left entirely to the discretion of the publisher.

20. Due to the heavy demand for advertising space, some advertising pages may be restyled to nine

columns. The publisher apologises for any inconvenience caused by this method but believe this is

preferable to the alternatives of limiting space or having to hold advertisements over to a later issue.

21. 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 order form or elsewhere by an

agency or an advertiser shall be void insofar as they are in confl ict with them.

22. Cancellation and amendments to advertisements:, Cancellation of display, semi-display and

lineage advertisements ordered for the current week’s issue must be received at least two days

before the newspaper’s deadline. Advertisers cancelling advertisements will be given a cancellation

number, which is proof of cancellation and should be quoted if any subsequent query arises. No

claims for credit will be considered without a cancellation number. If pre-paying for an advertisement

please note that if you qualify and require the series rate you cannot cancel the booking until its run

its course.

23. Artwork - Clients who require artwork or disks / CDs/ removable storage such as USB sticks

returned, must provide stamped addressed envelopes.

24. The publisher reserves the right to impose an administration charge (no greater than that

imposed on ourselves) for the processing of credit / debit card transactions. If payment by cheque

is not honoured, an administrative charge may be applied.

25. Freebees advertising will only appear if space permits. The publisher reserves the right

to hold any or all advertising over for publication in an alternative week’s publication. Freebees

advertisements are subject to the following terms and conditions:

For use by private customers only.

One item per advertisement.

Only three Freebees advertisements will be accepted per household for any one publication.

A maximum of 25 words is allowed per advertisement.

26. Advertisements placed in our recruitment section of set size may also be published in Jobs

Weekly (when published).If an individual does not wish this to be the case please advise by writing

to: Baylis Media Ltd. Newspaper House,48 Bell Street,Maidenhead,SL6 1HX.

27. Prepaid advertisements. The following must be prepaid: Cars for sale; Cars wanted; Motorcycles

for sale; Motor-cycles wanted; Property for sale; Property wanted; Accommodation wanted;

Accommodation to let; Property exchange; Home Services and Farm and Garden and private

Advertisements from outside our circulation area and advertisements under £25 per insertion.

28. Data Protection. All requests to amend, delete, suppress and gain access to personal data

should be made in writing to the Data Controller, Baylis Media Ltd., Newspaper House, 48 Bell

Street,Maidenhead,SL6 1HX.Telephone calls may be monitored for staff training purposes.

Occasionally, we may use your details for marketing purposes only. If you would prefer us

not to, please write to the Data Controller, Baylis Media Ltd. ,Newspaper House,48 Bell

Street,Maidenhead,SL6 1HX.30.Advertising.

29. Rates. A full list of our Advertising Rates may be obtained by telephoning The Maidenhead

Advertiser on (01628) 680680 or Slough and Windsor Express on (01753) 825111 or writing to Baylis

Media Ltd., Newspaper House,48 Bell Street,Maidenhead,SL6 1HX.

30. Series discount – in the event of non-compliance or early cancellation, where the value of an

order has been reduced by a series discount due to the advertiser having committed to a continuous

running order, Baylis Media Ltd reserves the right to re-charge all advertising published at the base

rates as per their published rate cards.

*Based on the STANDARD CONDITIONS for the transactions of business between

Newspapers and Advertising Agencies, agreed between the Newspaper Society and

the Institute of Practitioners in Advertising in 1936 and revised in 1937 and1954. Trade

Descriptions Act 1968.All advertisements will be accepted only on the express conditions

that the advertiser warrants that the advertisement does not in any way contravene the

provisions of the Trade Descriptions Act 1968.

www.maidenhead-advertiser.co.uk

www.sloughexpress.co.uk

www.windsorexpress.co.uk

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