CONDITIONS OF ACCEPTANCE OF ADVERTISEMENTS

The North-West Evening Mail and The Advertiser and the website comprising the Mail’s online edition (the “Website”) are produced and published by Furness Newspapers Ltd (“the Publisher”) of Newspaper House, Abbey Road, Barrow-In-Furness, Cumbria LA14 5QS. Orders for insertion of advertisements in the Newspapers and/or the Website are accepted subject to the following conditions. For the avoidance of doubt, in these terms the words “advertisement”, “published” or “publication” shall mean any advertisement published or submitted for publication in any Newspaper(s) and/or on any Website(s) owned or produced by the Publisher.

1. The placing of an order constitutes a warranty from the advertiser and/or advertising agency to the Publisher:

(a) 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

(b) that the advertisement is not defamatory and does not infringe the copyright, moral rights or any other rights of any third party.

2. The advertiser/advertising agency agrees to indemnify the Publisher in respect of all costs, damages or other charges falling upon the newspaper as the result of legal actions or threatened legal actions arising from the publication of the advertisement(s).

3. While every endeavour will be made to meet the wishes of advertisers, the Publisher does not guarantee the insertion of any particular advertisement.

(a) In the event of any error, misprint or omission in the publishing of an advertisement or part of an advertisement the Publisher will either re-insert 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.

(b) In no circumstances shall the total liability of the Publisher for any error, misprint or omission exceed the amount of a full refund of any price paid to the Publisher for the advertisement in connection with which liability arose or the cost of a further or corrective advertisement of a type and standard reasonably comparable to that in connection with which liability arose.

(c) It is the responsibility of the advertiser/advertising agency to check the first insertion or appearance on a Website of any advertisement and notify the Publisher immediately of any errors. The Publisher assumes no responsibility for the repetition of errors unless notified by the advertiser.

(d) 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 or the total or partial failure of transmission of a Website for any reason including necessary maintenance work.

4. Classified and semi-display advertisements can only appear in the current styles of setting as appearing in the Newspapers and/or on the Websites, examples of the Newspaper styles are set out below:-

View Ad Styles (PDF Document)

5. The Publisher reserves the right to:

(a) 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.

(b) Require any alteration it considers necessary or desirable in an advertisement and to require artwork or copy to be amended to meet its approval.

6. The copyright for all purposes in all artwork, copy and other material that the Publisher or his employees have originated, contributed to or reworked shall vest in the Publisher.

7. The placing of an order by an advertiser, or an advertising agency on behalf of a client, constitutes a warranty to the Publisher by the advertiser and/or agency that all necessary authority and permission has been secured in respect of the use in the advertisement(s);

(a) of pictorial or other representations of, or references to (or purporting to be of or to) living persons, and any words attributed to such persons, and

(b) any material the copyright in which vests in a third party.

8. 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 that has been in his custody for six months from the date of its last appearance in an advertisement unless the advertiser has given instruction to the contrary.

9. 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 five 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 than twenty-eight clear working days’ notice. All cancellations must be notified in writing. Confirmed email notification of cancellation is acceptable.

10. Save as otherwise expressly agreed with the Publisher, the rate payable for publication of any advertisement shall be in accordance with the Publisher’s current rates from time to time as set out on the current rate card or otherwise as notified by the Publisher. All gross advertising rates (except classified lineage and semi-display) are subject to a 0.1% Advertising Standards Board of Finance (ASBOF) levy, payable by advertisers to help finance the self-regulatory system administered by the Advertising Standards Authority.

11. Unless credit terms have been agreed, payment must be received in full no later than the date of the first requested publication of the advertisement. Payment may be made by cheque, VISA, Switch, Mastercard and cash when presented in person to one of the Publishers registered offices.

When credit is allowed, payment for an advertisement is subject to the cash flow rules currently in force and as agreed between the Newspaper Society, the Newspaper Publishers Association Ltd., the Institute of Practitioners in Advertising and the Incorporated Society of British Advertisers:

(a) The due date for payment is the last day of the month after the month in which the advertisement appeared, provided invoices and vouchers (or other proof of insertion), if required, have been dispatched not later than the 10th of the month following insertion.

(b) When the sum owing has not been dispatched to the Publisher by the last day of the month following insertion, a surcharge of 3% will be applied on the gross rate.

(c) When the sum owing has not been dispatched by one further month after 11(b) above, a further surcharge of 2% will be added, making the rate of surcharge 5%.

(d) The existence of a query on any individual item in an account shall not affect the due date of payment of the balance of the account.

12. 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.

13. The newspaper 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.

14. Advertisement 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 instructions - not an order."

15. Advertisements on any Website may at the Publisher’s discretion and by prior agreement with the Publisher contain hyperlinks or metatags provided these link only to the advertiser's own website. The Publisher reserves the right to refuse to allow or to terminate at any time any hyper link or metatag in any advertisement. All hyper links must be prepaid prior to establishment.

16. The Publisher accepts no responsibility whatsoever for any financial transactions entered into by an advertiser with a third party arising directly or indirectly as a result of any advertisement on any Website or any Newspaper. Any financial transactions carried out over the Internet for payments for goods or services via the advertiser’s website or otherwise, will remain the responsibility of the advertiser

17. It is the normal practice of the Publisher that any classified advertisement accepted for publication in any of the Newspapers is automatically also placed on the corresponding Website(s). It is the responsibility of the advertiser to notify the Publisher prior to the date of the first proposed publication of the advertisement if the advertiser wishes the advertisement not to appear on any Website.

18. 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 conflict with them.

19. These Terms & Conditions shall be governed by and construed in accordance with the laws of England and Wales.