Name of company
Terms and conditions
Essex Publications accepts publication of advertisements on the terms and conditions set out:
These definitions describe terms used in relation to the magazine known as North Weald Village Life, Epping Town Life and any other products produced by Essex Publications.
The rate card describes the rates for any advertisement or other information published or produced by Essex Publications in effect at the order date.
The advertisement rates describe the rates set out on the rate card, referred to above.
The advertiser refers to the person placing the order for an advertisement with Essex Publications, whether they are the advertiser of the product or service or advertising agency or media buyer for the advertiser.
Advertisement is the information to be printed in a product produced by Essex Publication. The booking means the booking agreement in effect 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 Essex Publications 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 accepted specifications required for artwork at the order date.
2. Payment Terms
2.1 In the absence of any prior specific written arrangement between Essex Publications and the advertiser, payment for any advertisement (including any associated production, late copy etc) will be due on the day of the invoice is raised and no less than seven days in advance of publication.
2.2 Where Essex Publications has expressly agreed in writing to give the advertiser a monthly payment arrangement, payment for the first advertisement must be received in full prior to the payment deadline and subsequent monthly payments must ensure full payment for each advertisement is received prior to the payment deadline.
2.3 The advertiser must include details of their remittance and specify the invoice number with full payment details.
2.4 Payment of all sums due will be made to Essex Publications by cheque, cashmere or transferred electronically by BACS.
2.5 Payment for any advertisement will be made whether or not the advertiser has received Essex Publicatios invoice and has any query about any element of invoices.
2.6 In the event that payment is not made by the due date, Essex Publication reserves the right to charge the following additional charges:
2.6.1 £20 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 CommercialDebts (Interest) Act 1998. Any such additional charge is payable within 7 days following delivery of EL‘sinvoice itemising it.
3. Submission of Advertisement
3.1 All advertisements must be submitted to Essex Publication in a form that complies with the technical specifications.
3.2 Essex Publications 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 Essex Publications 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 living person 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, the Business Advertisements (Disclosure) Order 1977, the British code of Advertising Practice and all other codes under the general supervision of the advertising standards Authority see www.asa.org.uk
3.6 The advertisement will not be prejudicial to the image or reputation of Essex Publication.
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 service to place the advertisement. The advertising agency or media buyer and the advertiser will compensate Essex Publications for any claim made by such advertiser against Essex Publications.
3.8 In the event that the advertiser submits the artwork and copy to Essex Publications after the copy deadline, Essex Publications 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 next edition of the magazine or other product, in which case the advertiser agrees to pay Essex Publications in respect of each advertisement submitted after the copy deadline and included in the magazine or other product.
c) repeat an advertisement previously submitted to Essex Publications by the advertiser.
4. Right to reject/alter.
4.1 Essex Publications has the right at its discretion to reject, cancel or require any artwork, materials and copy for or relating to an advertisement to be amended that it considers unsuitable.
4.2 Essex Publications has the right at its discretion to suspend, alter, edit, crop, resize and reformat or change the position of any Advertisement accepted for insertion. Essex Publicatiins will use reasonable efforts to comply with specified written requirements of the advertiser although Essex Publicatiibs does not guarantee the wording or quality of the colour reproduction of the advertisement.
4.3 Essex Publications may refuse to publish any advertisement for any advertiser who has not paid any sums due to for any advertising in the magazine. The advertiser will remain responsible for all outstanding charges.
5. Cancellation policy
5.1 The advertiser must notify Essex Publications of any cancellation in writing within the relevant cancellation period, the advertiser is responsible for ensuring that Essex Publications has received the notification.
5.2 The cancellation deadline is normally two weeks prior to the copy deadline.
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 Essex Publications 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 out herein, will treat this failure to pay as a cancellation by the advertiser.
5.5 Any discounts or reduced advertising rates agreed by Essex Publications for multiple advertisements apply only in the event of and are conditional that all proposed advertisements are placed. In the event that the advertiser cancels prior to fulfilling the advertising agreement, the advertiser surrenders the right 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 full rate.
6.1 The advertiser hereby grants to Essex Publications a worldwide license to reproduce, display and copy the advertisement in any product produced by Essex Publications.
6.2 Essex Publications 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 Essex Publications as submitted or as amended will not breach any contract or infringe or violate any copyright, trademark or another personal or proprietary right of any person or render Essex Publications liable to any proceedings whatsoever.
7.2 The advertiser indemnifies Essex Publications and agrees to keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or reasonably foreseeable as a result of any breach or non–performance of any of the representations, warranties or other terms contained in the conditions or implied by law.
8. Limitation of Liability
8.1 If due to a mistake on the part of Essex Publications, a booked advertisement is not published, Essex Publicationss will offer space in the next available suitable publication. If the alternative publication is not accepted, the original booking will be cancelled. If the advertiser has paid in advance for the advertisement, they will be entitled 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 Essex Publications part the advertisement as reproduced by Essex Publications contains a substantial error, Essex Publications will on request, re–publish the advertisement at no additional cost to the advertiser. Essex Publications will not be responsible for the repetition of errors and it is the advertiser’s responsibility to inform Essex Publications of any errors and assist Essex Publications to prevent a repeat of the error.
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 the publication appeared or when the invoice was issued and will not be valid thereafter.
8.4 Without prejudice to Essex Publications right to be paid for the advertisement:
8.4.1 in no circumstances will the total liability of Essex Publications 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 Essex Publcations‘s charges for that and any other advertisements.
8.5 Essex Publications 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 advised of 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 Essex Publication will not be liable for any loss of copy, artwork, photographs or other materials, which the advertiser warrants that it has retained insufficient quality and quantity for whatever purpose it may require.
8.7 Essex Publication reserves the right to destroy all artwork and other materials which have been in its custody for 12months from the date of its last submission or appearance in the magazine or other product if later.
9.1 The advertiser grants Essex Publications the right (free of charge) to use the advertiser’s names, trademarks and logos as Essex Publications may consider necessary for the purposes of publishing the advertisements.
9.2 Essex Publicatiibs reserves the right to agree to offer or accept a request or reject a request for an editorial, however, advertisers are not automatically entitled to an editorial.
9.3 By agreeing to place an order for an advertisement within a publication produced by Essex Publications, an advertiser will be accepting these conditions and any conditions 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 the parties. 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 any right 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 legally constituted body having the jurisdiction to make such determination then such part or parts will be deemed never to have been incorporated in these conditions 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 the exclusive jurisdiction of the English Courts.
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