Essentially Local Ltd accepts publication of advertisements on the terms & conditions set out:
These definitions describe terms used in relation to the magazine known as Essentially Local and any other products produced by Essentially Local Ltd.
EL is the abbreviated term being used in place of Essentially Local Ltd.
The rate ca rd describes the rates for any advertisement or other information published in products produced by EL in effect at the order date.
The advertisement rates describe the rates set out on the rate card.
The advertiser refers to the person placing the order for an advertisement with EL whether they are the advertiser of the product or service oradvertising agency or media buyer for the advertiser.
Advertisement is the information to be printed in a product produced by EL. The booking order means the booking agreement ineffect at the order date.
The order date is the date that the order for the advert is made by the advertiser either by telephone, email or other means.
The cancellation period is the timescale and date within which the advertiser is required to notify EL of any cancellation of an order.
The copy deadline is the confirmed dates by which artwork and copy should be received. The technical specifications are the acceptedspecifications required for artwork at the order date.
2 . Payment Terms
2.1 In the absence of any prior specific written credit arrangement between EL and the advertiser, payment for any advertisement (including anyassociated production, late copy etc) will be due no less than seven days in advance of publication.
2.2 Where EL has expressly agreed in writing to give the advertiser credit in the form of a standing order, payment for the first advertisement mustbe received in full prior to the payment deadline and subsequent monthly payments must ensure full payment for each advertisement is receivedprior the payment deadline.
2.3 The advertiser must include details of their remittance and specify invoice number (if available) with full payment details.
2.4 Payment of all sums due will be made to EL by cheque, transferred electronically by
BACS or by credit or debit card payment.
2.5 Payment for any advertisement will be made whether or not the advertiser has received
EL‘s invoice and has any query about any element of invoices.
2.6 In the event that payment is not made by the due date, EL reserves the right to charge the following additional charges:
2.6.1 £25 administration charge in respect of each invoice not paid on or before the due date.
2.6.2 interest and compensation for late payments in accordance with the Late Payment or Commercial Debts (Interest) Act 1998. Any such additionalcharge is payable within 7 days following delivery of EL‘s invoice itemising it.
3 . Submission of Advertisement
3.1 All advertisements must be submitted to EL in a form that complies with the technical specifications. These can be found atwww.essentiallylocal.co.uk or a copy can be requested.
3.2 EL must receive the advertisement and all artwork / copy no later than the copy deadline.
3.3 The advertiser is responsible for checking that the advertisement is correct and EL
accepts no liability for any error in any advertisement.
3.4 All information supplied in connection with the advertisement or copy must be accurate, legal, truthful, decent and not misleading. Where any livingperson whose name or image (in whole or part) is contained with the advertisement, consent must have been obtained.
3.5 Advertisements must not infringe a third party‘s rights including any person’s intellectual property rights, the Trade Descriptions Act 1958, theBusiness Advertisements (Disclosure) Order 1977, the British Code of Advertising Practice and all other codes under the general supervision of theAdvertising Standards Authority see www.asa.org.uk
3.6 The advertisement will not be prejudicial to the image or reputation of EL
3.7 Where the advertiser is an advertising agency or media buyer, the advertiser guarantees that it is authorised by the advertiser of a product or serviceto place the advertisement. The advertising agency or media buyer and the advertiser will compensate EL for any claim made by such advertiser againstEL.
3.8 In the event that the advertiser submits the artwork and copy to EL after the copy deadline, EL will at its discretion be entitled to:
a) reject the advertisement and it will be deemed cancelled for the purpose of this agreement. b) accept and include the advertisement in the nextedition of the magazine or other product, in which case the advertiser agrees to pay EL in respect of each advertisement submitted after the copydeadline and included in the magazine or other product. In addition to the advertisement rate a late placement fee calculated at the rate of twentypounds (£20) (plus VAT) per hour or part thereof up to a maximum of one hundred pounds (£100) (plus VAT)
c) repeat an advertisement previously submitted to EL by the advertiser.
4 . Right to Re je ct/ Alter.
4.1 EL has the right at its discretion to reject, cancel or require any artwork, materials and copy for or relating to an advertisement to be amendedthat it considers unsuitable.
4.2 EL has the right at its discretion to suspend, alter, edit, crop, resize and reformat or change the position of any advertisement accepted forinsertion. EL will use reasonable efforts to comply with specified written requirements of the advertiser although EL does not guarantee the wording orquality of the colour reproduction of the advertisement.
4.3 EL may refuse to publish any advertisement for any advertiser who has not paid any sums due for any advertising in the magazine. The advertiserwill remain responsible for all outstanding charges.
4.4 In the event that EL elects to make alterations to the advertisement to comply with the technical specifications the advertiser agrees to pay analteration fee to EL in addition to the advertisement rate. This additional fee will be based on the time spent (man hours) making the alterationsrequired, at the rate of ten pounds (£10) plus VAT per half hour or part thereof.
5. Cancellation policy
5.1 The advertiser must notify EL of any cancellation in writing within the relevant the cancellation period, details can be found atwww.essentiallylocal.co.uk. The advertiser is responsible for ensuring that EL has received the notification.
5.2 The cancellation deadline is normally two weeks prior to the copy deadline, which is normally the 1st day of the month prior to publication dateof the magazine.
5.3 Any cancellation instruction received after the cancellation date will not affect the advertiser’s liability for payment for the advertisement.
5.4 Where the advertiser has failed to pay monies to EL on or before the due date or is
deemed unable to pay its debts within the meaning of Insolvency Act 1986 or is otherwise in breach of any of the other terms and conditions set outherein, will treat this failure to pay as a cancellation by the advertiser.
5.5 Any discounts or reduced advertising rates agreed by EL for multiple advertisements apply only in the event that and are conditional that allproposed advertisements are placed. In the event that the advertiser cancels prior to fulfilling the advertising agreement, the advertiser surrenders theright to the discount or reduced rate and advertisements will be charged and paid for at the otherwise applicable rate or if none is specified the fullrate. An additional administration fee of £30 will be charged.
6.1 The advertiser hereby grants to EL a worldwide license to reproduce, display and copy the advertisement in any product produced by EL.
6.2 EL owns the copyright to all artwork, copy and other material written or designed by it or on its behalf.
The advertiser will confirm that:
7.1 The reproduction and publication of the advertisement or copy by EL as submitted or as amended will not breach any contract or infringe or violateany copyright, trademark or other personal or proprietary right of any person or render EL liable to any proceedings whatsoever.
7.2 A person authorised by the Financial Services and Markets Act 2000 has approved any
advertisement submitted for publication containing information relating to any financial investment.
7.3 The advertiser indemnifies EL and agrees to keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses orliability whatsoever arising directly or reasonably foreseeably as a result of any breach or non–
8 Limitation of Liability
8.1 If due to a mistake on the part of EL, a booked advertisement is not published, EL will offer space in the next available suitable publication. If thealternative publication is not accepted, the original booking will be cancelled. If the advertiser has paid in advance for the advertisement, they will beentitled to a full refund. This will be the advertiser’s only compensation for failure to publish the advertisement.
8.2 If due to a mistake on EL’s part the advertisement as reproduced by EL contains a substantial error, EL will on request, re–
8.3 Any advertiser’s complaint, claim or query in relation to an advertisement or invoice must be raised within 28 days following the date when thepublication appeared or when the invoice was issued and will not be valid thereafter.
8.4 Without prejudice to Essentially Local’s right to be paid for the advertisement:
8.4.1 in no circumstances will the total liability of EL for any error or omission exceed the charge for the advertisement in question;
8.4.2 any complaint, claim or query will not affect the liability of the advertiser for payment by the due time of EL‘s charges for that and any otheradvertisements.
8.5 EL will not be liable for any indirect or consequential loss (including without limitation, business interruption and loss of profits, business, goodwill,anticipated savings, information and data) whether arising out of negligence, breach of contract or otherwise and whether or not the party was advisedof the possibility of such loss by the other party or for any liability arising from the publication of any material submitted by the advertiser.
8.6 EL will not be liable for any loss of copy, artwork, photographs or other materials, which the advertiser warrants that it has retained in sufficientquality and quantity for whatever purpose it may require.
8.7 EL reserves the right to destroy all artwork and other materials which has been in its custody for 12 months from the date of its last submission orappearance in the magazine or other product if later.
9.1 The advertiser grants EL the right (free of charge) to use the advertiser’s names, trade marks and logos as EL may consider necessary for thepurposes of publishing the advertisements.
9.2 EL reserves the right to agree to offer or accept a request or reject a request for an editorial, however advertisers are not automaticallyentitled to an editorial.
9.3 By agreeing to place an order for an advertisement within a publication produced by EL an advertiser will be accepting these conditions and anyconditions stated on the order form or elsewhere.
9.4 These terms and conditions will apply to each booking order.
9.5 No modification, amendment or waiver of any of these conditions or any provision will be binding upon either party unless confirmed in writing by theparties. No waiver of any provisions of or default under these conditions will affect any party‘s right thereafter to enforce such provision or to exercise anyright or remedy hereunder in respect of a subsequent default.
9.6 If any part of these conditions will be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legallyconstituted body having the jurisdiction to make such determination then such part or parts will be deemed never to have been incorporated in theseconditions but all other terms and provisions in the remainder of these conditions will remain in full force and effect.
9.7 The booking order that incorporates these conditions will be construed under and governed by the laws of England and the parties submits theexclusive jurisdiction of the English Courts.