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Advertising Terms & Conditions

1. Definitions & Interpretation

1.1 In these terms and  conditions:

"Advertisement" means any kind of  promotional or advertising material (including, but not limited to,  advertorial content, classified and/or  recruitment advertising) that is, as the case may be: (i) to be printed in a  Print Publication and/or (ii) to be published or otherwise displayed by  electronic means (including, but not limited to,  banner, skyscraper, pop-up, roadblock, leader,  belly bands, cover wraps, tip ons, inserts, button or other forms of online or  electronic display advertising) via or as part of or in connection with any  Online Publication;

"Advertisement Confirmation" means  EMAP's written confirmation of the Buyer's order;

the Advertiser” means any person who  promotes products or services to the general public or a section of the public,  whether such person is the Buyer or not;

"Advertiser Dependencies" means the  Copy Deadline, together with any other obligations of the Buyer which EMAP may  specify in connection with the proposed publication of the Advertisement  (whether included in the Advertisement Confirmation, the Rate Card, the Booking  Form or otherwise) including, but not limited to,  the delivery format and/or file configuration  in which any copy for the Advertisement (whether for a Print Publication or an  Online Publication) is to be supplied to EMAP;

"the  Buyer" means the person placing the order with EMAP for the publication of  the Advertisement (including, but not limited to, the Advertiser's advertising  agency or media buyer);

Copy Deadline” means, where applicable,  the latest date (as shown on the Advertisement Confirmation) by which the Buyer  is obliged to give EMAP full instructions and copy for carrying out the Buyer's  order in accordance with and subject to these terms and conditions.  For the avoidance of any doubt, Advertisements to be published in an Online Publication may not be subject to a  Copy Deadline;

"Online Publication" means any website operated or controlled by EMAP or other electronic medium (including,  but not limited to, e-mail communications and alerts), whether connected with  or related to the title of a Print Publication or otherwise;

Print Publication” means any newspaper, magazine, insert or 'onsert' (and  including any supplement for which no charge is made to its recipient and which  is published whether regularly or occasionally as part of or in association  with such newspaper or magazine) published by EMAP;

"EMAP" means EMAP Limited (company no.  537204) with its registered office at Greater London House, Hampstead Road, London NW1 7EJ;

"the Rate Card" means the rate card from  time to time in force which is used by EMAP and as such may include (amongst other  things) EMAP's scale of advertisement rates and also technical specifications  relating to the standard and quality of reproduction of any Advertisement  including its setting, style, delivery format, file configuration and size and  wording;

"Suspension Order" means a written  notice given by the Buyer to EMAP requesting that the publication of the  Advertisement should be temporarily suspended (for a period no longer than six  (6) months) until further notice; and

"Working Days" means 9am to 5pm any day  Monday to Friday inclusive other than Christmas Day, Good Friday, bank and  other public holidays.

1.2  Where the context so  admits, words importing the one gender shall include all other genders and  words importing the singular shall include the plural and vice versa.  A reference to a statute, statutory provision  or other legislation is a reference to it as it is in force from time to time,  taking account of any amendment or re-enactment. 

2. Application of these Terms  and Conditions

2.1  All Advertisements accepted  for publication by EMAP are accepted subject to these terms and conditions  which shall apply to the exclusion of all other terms and conditions (including  any which the Buyer purports to apply under any purchase order, confirmation of  order, specification or other document).   Any variation to these terms and conditions and any representations  about the Advertisement shall have no effect unless expressly agreed in writing  and signed by an authorised representative of EMAP. The Booking Form shall form  part of these terms and conditions.

2.2  Unless circumstances  specifically dictate otherwise in connection with the publication of an  Advertisement in an Online Publication, no order placed by the Buyer shall be  deemed accepted by EMAP until the Advertisement Confirmation is issued.

2.3  Notwithstanding any  other provision of these terms and conditions, nothing herein shall require  EMAP to do or omit to do anything which would contravene any applicable laws or  regulations including, but not limited to, the Data Protection Act 1998, the  Gambling Act 2005 and the Consumer Protection from Unfair Trading Regulations  2008.

3. The Buyer's Obligations

The Buyer hereby warrants,  represents and undertakes to EMAP that:

a) in relation to any  and all Advertisements the Buyer contracts with EMAP as principal  notwithstanding that the Buyer may be acting directly or indirectly for the  Advertiser or in any other representative capacity;

b) should the Buyer  change its name, trading style, identity, address, or should any other details  disclosed by the Buyer to EMAP change, the Buyer must give written notice to  EMAP within 5 Working Days of such change(s);

c) any and all other  Advertiser Dependencies will be met and, unless otherwise agreed in writing by  EMAP, all copy for any Advertisements will be delivered to EMAP in an approved  digital format and/or file configuration and, in the case of an Advertisement  to be published in a Print Publication, delivered at least 21 Working Days  prior to the Copy Deadline;

d) the publication of  the Advertisement by EMAP (either in the Print Publication or the Online  Publication or both, as the case may be) in the form originally submitted by  the Buyer (or as amended pursuant to Condition 4 below) will not breach any  contract with a third party or infringe any copyright, trade mark or other  proprietary right of any third party or otherwise be unlawful or render EMAP  liable to any proceedings, claims, demands, costs or expenses or any other loss  whatsoever;

e) in the case of any  Advertisement submitted for publication by the Buyer which contains the name or  pictorial representation, whether photographic or otherwise, of any living  person or any part of the anatomy of any living person or any material by which  any living person may be identified, the Buyer or the Advertiser has obtained  the authority of that living person to make use of his or her name, identity,  image, representation and/or copy;

f) in relation to any  financial promotion (as defined under the Financial Services and Markets Act  2000), the Advertiser is, or its content have been approved by, an authorised  person within the meaning of the Act or the Advertisement is otherwise  permitted under the Act, under the Financial Promotion Order 2001 or under any  other legislation subordinate to the Act;

g) the Advertisement  complies with the requirements of all relevant legislation (including  subordinate legislation, the rules of statutorily recognised regulatory  authorities and the law of the European Economic Community) and applicable laws  for the time being in force or applicable to the United Kingdom;

h) all advertising copy  submitted to EMAP is legal, decent, honest and truthful, and complies with the  British Code of Advertising, Sales Promotion and Direct Marketing and all other  relevant codes under the general supervision of the Advertising Standards  Authority;

i) all instructions,  artwork or other material submitted to EMAP by electronic means shall not  contain software viruses or any other computer code, files or programs designed  to interrupt, damage, destroy or limit the functionality of any computer  software or hardware or telecommunications equipment, and shall not be  corrupted;

j) any information  supplied in connection with the Advertisement is accurate, complete and true;

k) where the Buyer is  the Advertiser's agent, the Buyer is authorised by the Advertiser to place the  Advertisement with EMAP and the Buyer will indemnify EMAP against any claim  made by the Advertiser against EMAP arising from publication of the same; and

l) the Buyer has  retained sufficient quantity and quality of any artwork, film or other  materials and copy relating to the Advertisement as EMAP shall not be liable  for the loss of or damage to any of these items submitted to EMAP.

4. Advertisements: Copy, Alterations, Accuracy, Publication, etc

4.1  Notwithstanding  Condition 3 above EMAP shall be entitled at any time to require the Buyer to  amend any artwork, materials and copy for and relating to any Advertisement, or  refuse (without notice) to publish any Advertisement for the purpose of:

a) complying with any  legal or moral obligations placed on EMAP or the Buyer or the Advertiser; or

b) avoiding the  infringement of (i) the rights of any third party or (ii) the British Code of  Advertising, Sales Promotion and Direct Marketing and all other relevant codes  under the general supervision of the Advertising Standards Authority or (iii)  any other applicable law; or

c) meeting to EMAP's  reasonable satisfaction (i) the production and quality specifications  stipulated on the Rate Card or (ii) any other Advertiser Dependencies.

4.2  EMAP reserves the right at its  discretion and without notice to the Buyer:

a) to decline to publish, or omit,  alter, suspend or change the position of any Advertisement otherwise accepted  for insertion, or publication.  However,  EMAP will endeavour to comply with the reasonable and practicable wishes of the  Buyer although EMAP does not warrant the date of publication or insertion, the  wording, or the quality of the reproduction of the Advertisement; and

b) to destroy all  artwork, film, copy or other materials submitted by the Buyer and which have  been in EMAP's possession for more than six (6) months from the date of their  last use by EMAP, unless specific written instructions have been received from  the Buyer to the contrary.

4.3  All copyright and all  other rights of a similar nature that are created or exist in material  originated by EMAP in connection with the publication of the Advertisement  remains vested in EMAP.

4.4 Advertisements:  Online Publications

4.4.1  The Buyer shall submit  copy for the Advertisement at least 48 hours prior to the intended go-live  date.  If the  Buyer submits its copy late then EMAP reserves the right to publish the  Advertisement at a time of its choosing.

4.4.2  If the Buyer is  supplying creative content in the form of an Advertisement that links to  another website the Buyer must inform EMAP in writing at least 2 Working Days  prior to the intended go-live date.

4.4.3  If an Advertisement links  to another website the Buyer is responsible for maintaining the link and for  the content of the linked-to website. EMAP may remove any Advertisement which  contains content or links to a website which, in EMAP's discretion, is (or is  likely to be) defamatory or objectionable or otherwise likely to bring EMAP  into disrepute.  The Buyer will indemnify  EMAP from and against any claims or liability suffered or incurred by EMAP  arising in any connection from links contained in an Advertisement.

4.4.4  If EMAP receives  complaints about the content of an Advertisement it may, at its discretion,  remove the Advertisement from display without reference or liability to the  Buyer or Advertiser.

4.4.6  The provisions set out  in this condition 4.4 apply in addition (save where the context expressly  permits) and without prejudice to all other provisions set out in these terms  and conditions.

5. Advertisements: Responsibility and Liability

5.1  The Buyer shall indemnify and keep  indemnified EMAP against all proceedings, claims, demands, damages, costs,  expenses or any other loss whatsoever arising directly or reasonably forseeably  as a result of (i) the publication of the Advertisement or (ii) any breach of  the Buyer's obligations under these terms and conditions or implied by law.

5.2  With regard to the  actual or intended insertion of an Advertisement in any Print or Online  Publication EMAP shall not be responsible to the Buyer or liable for:

a) checking  the correctness of the Advertisement in the form it is received from the Buyer;

b) any  error in the Advertisement in the form it is received from the Buyer;

c) the  wording, representation, placement or quality of colour or mono reproduction of  the Advertisement;

d) the actual  positioning or prominence of the Advertisement in the Print and/or Online  Publication (as the case may be);

e) the repetition of any  error in an Advertisement ordered for more than one insertion;

f) the  distribution of the Print or Online Publication in a specific geographical  area;

g) the failure,  corruption or malfunction of any system of electronic publication, whether by  means of electronic storage, display or retrieval equipment or otherwise;

h) any order given by  the Buyer in the nature of a "stop order" or cancellation or transfer  of the publication of the Advertisement unless it is given to EMAP in writing,  in the case of an Advertisement to be published in a Print Publication, at  least 28 Working Days before the Copy Deadline and, in the case of an  Advertisement to be published in an Online Publication, at least 72 hours prior  to the intended go-live date;

i) any loss whatsoever  caused by delay or failure by EMAP to issue the Print or Online Publication on  the due date (or such other date of release, display or publication, as the case  may be), or EMAP's decision to suspend the Print and/or Online publication or  cease the Print or Online Publication altogether;

j) the payment of any  damages or other compensation for breach of contract because of EMAP's failure  to perform any of its obligations under these terms and conditions if such  failure is caused by anything beyond EMAPs reasonable control (that is to say  as a result of force majeure) including acts or threats of terrorism, strikes,  lock-outs or other industrial actions or trade disputes, pandemic, epidemic or  other widespread illness whether involving EMAP's employees or those of any  third party;

k) any loss whatsoever  caused as a consequence of any instructions, artwork or any other material  relating to the Advertisement being submitted by the Buyer in electronic form  that is in breach of the warranty at Condition 3(h) above;

l) any matter of  complaint, claim or query (whether in relation to the Advertisement, in which  case Condition 5.3 shall apply, or EMAP's invoice related thereto) unless  raised with EMAP in writing within 5 Working Days following the publication of  the Advertisement or at the date on which it is claimed the Advertisement was  intended to appear, or the receipt by the Buyer of the invoice giving rise to it;  and

m) any failure of the  Advertisement to meet or generate any target response levels or page  impressions.

5.3  Subject to Condition 5.2, if an  Advertisement contains an error caused by EMAP and this detracts materially  from the Advertisement then provided the Buyer gives written notice to EMAP of  the error in the Advertisement (as the case may be): 

a) within 5 Working Days of its  publication or display in the case of a single order; or

b) before either the  Copy Deadline for its next insertion or subsequent go live date (as the case  may be) in the case of a series order

EMAP will at its discretion either:

c) give the Buyer credit for the cost of  the Advertisement containing the error; or

d) publish the Advertisement for a second  time without charge to the Buyer

and to that extent such  credit or re-publication (as the case may be) shall be EMAP's maximum liability  to the Buyer.  Such matter dealt with  under this Condition 5.3 shall not affect the liability of the Buyer for payment  by the due date of EMAP's charges for the Advertisement and all other  Advertisements.

5.4  Except to the extent specified in  Condition 5.3, EMAP shall not be liable for any loss or damage suffered by the  Buyer (or the Advertiser) as a result of any total or partial failure of  publication, distribution or availability of any Print or Online Publication in  which any Advertisement is scheduled to be included, or for any error, misprint  or omission in the printing of any Advertisement.

5.5  The total liability of EMAP to the  Buyer for any act or omission of EMAP, its employees or agents relating to any  Advertisement shall not exceed the amount of the full refund of any price paid  to EMAP for the Advertisement or the cost of a reasonably comparable further or  corrective Advertisement.  Without  limiting the foregoing, EMAP shall not be liable for any (i) loss of profits,  goodwill or business or (ii) indirect or consequential loss. 

6. Payment Terms

6.1  Payment for any Advertisement or any  other goods or services is due in advance of first publication of the  Advertisement in accordance with the terms set out in the Payment Schedule in  this clause unless EMAP has previously agreed in writing to open a credit  account for the Buyer, and where a credit account is opened then payment of the  account shall become due 30 days after the date of EMAP's invoice and the Buyer  will ensure that payment is received by EMAP no later than this due date.  The Buyer must submit all information  requested by EMAP (including, but not limited to, any relevant purchase order  number) and in accordance with EMAP's instructions and deadlines in order for  EMAP to generate its invoices, and failure to supply such information in  accordance with any such request or instructions shall not excuse late or non-payment.

Payment Schedule: Recruitment Print, Display, Digital and Classified

a) A payment of 25%  initial deposit 4 weeks in advance of the first date of publication of the  Advertisement ("Minimum Payment Price");

b) A payment of 50% 2 weeks in advance of the first date of publication of the Advertisement;

c) A payment of 25% 1 week in advance of the first date of publication of the Advertisement.

6.2  All the rates and  charges payable under or with reference to these terms and conditions are subject  to and exclusive of Value Added Tax which shall be charged in addition at the  rate from time to time in force.

6.3  If the Buyer: 

a) fails to pay EMAP's invoice in  accordance with the Payment Schedule  in Condition  6.1 above; or

b) is in breach of any  obligation under these terms and conditions,

EMAP  shall be entitled to terminate its contract with the Buyer immediately (without  prejudice to any other right or remedy available to EMAP whether under these  terms and conditions or otherwise) and, without prejudice to EMAP's right to  terminate its contract with the Buyer in such circumstances, the outstanding  balance owed by the Buyer shall become due and payable immediately.

6.4  Without prejudice to  Condition 6.4, EMAP shall be entitled to:

a) charge interest on any outstanding balance owed to EMAP at the rate of 4% above  the base rate of Barclays Bank Plc from the date that the invoice became due  for payment until the date it is paid in full (whether before or after  Judgment);

b) charge an  administration fee of £25 if any cheque drawn in its favour by the Buyer in  purported satisfaction of any unpaid invoice is dishonoured on presentation;  and

c) instruct a debt collection agency (apart from solicitors) to recover  any sum due and in that case all charges incurred by EMAP as a result of such  instruction shall be payable by the Buyer in any event upon demand.

6.5  EMAP reserves the right at its discretion and without  notice to the Buyer:

(a) to charge the Buyer  for any extra production and colour processing costs because of any act or  omission by the Buyer to supply artwork, film, copy or other materials of  sufficient quality or otherwise in accordance with the Advertiser Dependencies;  and

(b) to change any matters  shown on the Rate Card, including in particular (but not limited to), its scale  of advertisement rates at any time.6.6 Any currency conversions necessary  to prepare an invoice shall be calculated at the rate quoted by [National  Westminster Bank Plc at the date of invoice].

7.  Cancellation & Termination

7.1  EMAP shall not be bound by any request  from the Buyer to stop, cancel or suspend an Advertisement unless such request  is  in writing and confirmed in writing  by EMAP. 

7.2  Without  prejudice to Condition 7.1, the following costs remain due on cancellation, and  the Buyer acknowledges that these charges represent a genuine pre-estimate of  EMAP's losses:

Display  advertising

a) notice of cancellation received 29 –42 days or more before first publication, 25% of total booking fee due

b) notice of cancellation received 15-28 days before first publication, 50% of total booking fee due 

c) notice of cancellation received 0-14 days before first publication, 100% of total booking fee due 

Digital  advertising

a) notice  of cancellation received 28 days or more before first display, 25% of total  booking fee due

b) notice  of cancellation received 8-27 days before first display, 50% of total booking fee due

c) notice  of cancellation received 0-7 days before first display, 100% of total booking  fee due

Recruitment  and classified advertising

a) notice  of cancellation received 28 days or more before first publication, 25% of total  booking fee due

b) notice  of cancellation received 8-27 days before first publication, 50% of total  booking fee due 

c) notice  of cancellation received 0-7 days before first publication, 100% of total  booking fee due

If the Buyer has paid sums  for Advertisements in advance and is entitled to a refund, EMAP shall use its  reasonable endeavours to pay such refund the Buyer within 30 Working Days of  receipt of the written notice of cancellation.

7.3  Should  the Buyer, part way through wish to stop or cancel an Advertisement that is  being displayed in an Online Publication for an agreed period of time in excess  of 14 days then the Buyer must given written notice to EMAP of its request to  stop or cancel the Advertisement and all charges connected with the display of  the Advertisement shall, unless otherwise expressly agreed by EMAP in writing,  be non-refundable.

7.4  EMAP shall be entitled (without  prejudice to any other remedy available to it) to treat this contract as  repudiated if the Buyer or the Advertiser;

(a)  being an individual  dies or makes voluntary arrangement with his creditors or his estate becomes  subject to an administration order or he becomes bankrupt;

(b)  being a company  becomes insolvent, has a receiver appointed to manage its assets or it enters  into liquidation or commences to be wound up (other than for the purpose of  amalgamation or reconstruction);

(c)  allows an  encumbrancer to take possession of any of its property or assets; or

(d) is unable to pay its debts as they fall due or ceases or threatens to  cease to carry on business.

8.  General

8.1  Governing Law.  These terms and conditions (and EMAP's  contract with the Buyer) shall be governed by and construed according to  English Law and the parties submit to the exclusive jurisdiction of the English  courts.

8.2  Severance.  If any provision of these terms and  conditions is or becomes invalid, illegal or void, that shall not affect the  validity and legality of the other provisions.

8.3  Waiver.  No failure or delay by EMAP to exercise any  right or remedy provided under these terms and conditions or by law shall  constitute a waiver of that or any other right or remedy, nor shall it preclude  or restrict the further exercise of that or any other right or remedy. No  single or partial exercise of such right or remedy shall preclude or restrict  the further exercise of that or any other right or remedy. 

Third Parties.  None of the provisions of these  terms and conditions are intended to confer a benefit on or be enforceable by  any third party under the Contracts (Rights of Third Parties) Act 1999 or  otherwise.

 

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