1.1 All orders and bookings made to the Publisher for Advertisements are subject to and governed by these terms and conditions.
1.2 The Advertiser hereby grants to the Publisher the right to publish the Advertisement in Littleport Life magazine in any medium, whatever the means or system of production delivery (including but not limited to on-line versions of the said magazine).
1.3 In these conditions,
a) Advertiser means the entity placing the order for the insertion of the advertisement;
b) Publisher means Littleport Community Magazine Group of Mow Fen Hall, Silt Road, Littleport, Ely, Cambridgeshire, CB6 1QD;
c) Advertisement means matter to be printed on the page or otherwise published.
1.4 Headings are for convenience only and do not form part of this document or affect its interpretation.
1.5 All advertisements must be accompanied by the name and address of the Advertiser for record purposes and the Publisher may require evidence to establish the Advertiser’s bona fides and to substantiate any claims made in the advertisement.
1.6 The following amount of notice is required for the cancellation of ANY advertisements: – 21 days’ written notice before date of publication.
1.7 These terms and conditions shall be governed by and construed in accordance with the law of England and Wales.
2 ADVERTISER’S WARRANTY
2.1 By placing the order the Advertiser warrants 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 all requirements of current legislation and that it contains nothing that is defamatory or that constitutes an infringement of the proprietary or other rights of any third party.
3 ADVERTISER’S INDEMNITY
3.1 The Advertiser agrees to indemnify the Publisher in respect of all costs, damages or other charges falling upon the Publisher as the result of legal actions or threatened legal actions arising from the publication of the advertisement.
4. PUBLISHER’S RIGHTS RESERVED
4.1 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 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;
b) make any alteration it considers necessary or desirable in an advertisement and to require artwork or copy to be amended to meet its approval;
c) (without prejudice to clause 1.5 above) carry an Advertisement forward to the next issue when it is not possible to insert advertisement in the issue requested;
d) change its scale of advertisement rates at any time.
4.2 While every endeavour will be made to meet the wishes of the Advertiser, the Publisher does not guarantee the insertion of any particular advertisement either on any specified date or dates or at all.
4.3 The Advertiser’s artwork, film and all other property is held at the Advertiser’s risk and should be insured by him against loss or damage from whatever cause. The Publisher reserves the right to destroy without notice all artwork, film and other property which has been in his custody for six months from the date of its last appearance unless the Advertiser has given instructions to the contrary and has obtained the Publisher’s written acknowledgement that the Publisher has received such instructions.
4.4 The Publisher reserves the right to disclose the name and address of Advertisers 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.
4.5 The Publisher reserves the right to change the terms and conditions at any time and the Advertiser should revisit the terms and conditions before placing an order or making a booking for an advertisement to ensure that the Advertiser is fully aware of the current terms and conditions.
5 MISTAKES & ERRORS
5.1 The Advertiser agrees to check the published advertisement for any errors or omissions and to notify the Publisher thereof immediately, if correction and republication is required. If no notice is received by the last working day of the month in which the magazine is distributed, the Advertiser is deemed to have accepted the advertisement in its entirety and will pay the full charge.
5.2 In the event of any error, misprint or omission in the printing of an advertisement or part of an advertisement the Publisher will at the Publisher’s election either re-insert the advertisement or part of an advertisement as the case may be 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.
6.1 Any matter of complaint, claim or query (not otherwise provided for in these Terms & Conditions) must be raised with the Publisher in writing within seven days following: –
a) in the case of any Advertisement, the date of insertion or publication or display of the Advertisement or the date on which it is claimed the Advertisement should have appeared;
b) in the case of a disputed invoice, the date of the receipt by the Advertiser of the disputed invoice.
6.2 The Publisher’s maximum liability for any complaint, claim or query referred to in clause 6.1 is limited to giving a credit for its charge for the Advertisement or (in an appropriate instance) of publishing the Advertisement for a second time without charge. Any complaint, claim or query shall not affect the liability of the Advertiser for payment by the due time of the charges for that item.
6.3 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 the edition in which any advertisement is scheduled to appear.
7 INTELLECTUAL PROPERTY
7.1 The copyright for all purposes in all artwork, copy and other material which the Publisher or its employees have originated, contributed to or reworked shall vest in the Publisher.
7.2 The Publisher is hereby authorised 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 publish them on the Littleport Life website.
8 ADVERTISER’S MATERIALS
8.1 The Advertiser’s artwork, film and all other property is held at the Advertiser’s risk and should be insured by him against loss or damage from whatever cause. The Publisher reserves the right to destroy without notice all artwork, film and other property which has been in its custody for six months from the date of its last appearance unless the Advertiser has given instructions to the contrary and has obtained the Publisher’s written acknowledgement that the Publisher has received such instructions.
9 ADVERTISER’S WARRANTIES
9.1 The placing of an order by an Advertiser 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.