Advertising Terms and Conditions
1 Terms and conditions: “These are the rules”.
The placing of an order for an advertisement or other service offered by the company (see below) amounts to an acceptance of the following conditions. Any conditions stipulated elsewhere by an advertiser or agency will void where in conflict with them.
Definitions: “Company” or “we” refers to Heads (Congleton) Ltd, its newspapers and goods and services supplied by it.
“Account” refers to the monthly payment account maintained for advertisers (and other customers) in connection with the supply of advertising (and other services) for advertisers, or their companies, or on behalf of any third party advertiser whom advertisers represent. “Advertiser” is the person, partner, sole trader, limited company or PLC whose name appears on our invoice.
“Advertisement” means the artwork produced for the advertiser in the publication or product specified on the invoice or order acknowledgement form.
“Conditions” means these, or any other terms and conditions of trading from time to time in force, including any terms which may from time to time appear in the publications or on the internet.
2 Payment terms: “Please pay on time”.
Where credit is given, payment is due as per the following terms. Payment is due within 30 days of the invoice date / date of publication, whichever is the latest. Statements are sent out at the end of each calendar month. The company will send additional letters out when accounts are overdue.
Should it be necessary to institute third party collection for debts, the company reserves the right to add the costs of those steps to the bill. We will add all legal costs and any other costs plus any statutory interest accrued.
Accounts outstanding beyond 90 days will automatically put in the hands our solicitors and debt collection agency.
If accounts are unpaid we will suspend advertising until the debt is cleared.
Advertisers should note that the granting of an account is at our discretion and if legal proceedings are undertaken we reserve the right to close an account and demand cash prepayment for every advertisement.
Payment by BACS is preferred: RBS sort code 16-17-12 A/C 11670087.
We accept payment by credit and debit cards.
Cheques should be made out to Heads (Congleton) Ltd. When remitting please give the account and invoice numbers.
If paying by cash the onus is on the advertiser to obtain a receipt as proof of purchase.
4 Sending copy: “Get it to us in good time and make sure you can use what you send”.
Advertising material (hereinafter referred to as copy) of a suitable nature will be supplied by the advertiser no later than the company's stated deadline, to enable the company to prepare an advertisement. If suitable copy is not supplied in time, we will not be held responsible for the quality of reproduction of logos and other artwork and reserve the right to insert artwork or text at our discretion. We will do our best to adhere to the advertiser's instructions. Any late changes to copy carry a similar proviso.
The company is not responsible for any errors or omissions in the advertisement whether or not it was delivered before deadline.
Artwork and other material supplied to the company is supplied at the risk of the advertiser and while the company will take care to ensure safe use and (if requested) return, we cannot be held responsible for any loss or destruction.
The company cannot be responsible for the inclusion and satisfactory reproduction of advertisers’ logos and artwork if the quality of these is not to the required standard or format. The company cannot be responsible if advertisers fail to adhere to industry guidelines for the preparation of PDFs and recommends that all advertisers use the Adfast system.
The company reserves the right to refuse any material which it considers maybe in breach of any copyright or trademark. In advertisements sent to the company in a pre-made format, such as PDFs, the advertiser indemnifies the company from any claim arising from the unauthorised use of proprietary logos, trademarks or brand names, and photographs or other images used without permission. Submission of copy by an advertiser or his agent will be deemed to imply that such copies comply with the requirements of the Trade Descriptions Act, 1968, and similar legislation.
5 Position: “You can only demand where the advert goes if you pay a premium and in the event of a mistake, the refund is the premium only”.
Unless specifically agreed with the advertiser, the company offers no trade monopoly or guaranteed position, although every effort will be made to comply with the advertiser's request for special positions. If the advertiser pays a premium for a guaranteed position (ie pays a cost additional to the basic price of the advertisement) or attracts a colour premium, and for reasons of production, efficiency, time limitation or other reasons beyond the control of the publishers or its servants, the said advertisement does not appear in the guaranteed position, or in full colour, then only the portion of the advertising cost which equates to the premium payment will be credited.
Note: if no premium payment over and above the basic price has been agreed or paid then no refund or credit will be due or paid. We cannot be responsible for the positioning of advertising for companies competing in the same market.
6 Copyright: “We own the copyright of advertisements we create”.
Copyright exists in all advertisements created by the company or by any third party at the instruction of the company for the advertiser. Such copyright is vested in the publishers alone and cannot and must not be used by the advertiser in any other manner without the express, written consent of the company. Any such use without this consent will be deemed to be infringement of copyright and will be subject to such existing laws for the safeguard of the rights of the copyright holder. We reserve the right to refuse permission for other publications to use artwork we have created. Permission is needed to reproduce any material and material re-published for internal or corporate use must be with the permission of the Newspaper Licensing Agency.
7 Mistakes: “We accept no legal responsibility for any mistakes in advertisements”.
The company accepts no liability for any loss or damage caused by an error or inaccuracy in the printing of any advertisement. The company accepts no liability for any loss or damage alleged to arise through delay in forwarding replies to box numbers. Although the company will make every effort to comply with the wishes of the advertiser or his agent, the company does not guarantee that any advertisement will appear in a specific issue, and reserves the right to decide the correct classification of any advertisement. If any advertisement does not appear in any issue, it will appear in the next available issue.