Terms and Conditions
Advertising rates & data
Insertion of display advertisements
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Advertising rates & data
- Orders for Advertisements are accepted on and subject to The Guestlist Standard Terms and Conditions For The Insertion Of Advertisements (‘Standard Terms’), full details of which are available on The Guestlist website at www.guestlist.net
- All advertisements must be prepaid unless a previously approved account has been agreed. Failure to comply with the agreed terms may result in third party intervention and additional charges being incurred. Credit accounts are payable strictly thirty days from the date of invoice. Guestlist shall be entitled to charge late payment fees and late placement fees details of which are set in the Standard Terms, in the event that payment is not made by the due time and/or advertisements are not submitted by the CopyDate, and, where applicable, agreed copy deadline.
- Acceptance of all advertisements is conditional upon the Advertiser’s warranty that advertisements do not contravene any law or regulation and does not infringe any third party rights.
- Guestlist reserves the right to refuse, amend or otherwise deal with all advertisements submitted to it at its absolute discretion and without explanation. All advertisements must comply with the British Code of Advertising Practice.
- Guestlist maintains a totally impartial editorial policy. Advertisers are never guaranteed an editorial mention in exchange for taking the advertisement.
- The person placing the order for the insertion of the Advertisement with Guestlist warrants and confirms that they are contracting with Guestlist as principal notwithstanding that they may be acting directly or indirectly as an advertising agent or media body or in some other representative capacity
Insertion of display advertisements
- In these conditions (a) ‘the Publisher’ means the Publisher of the newspaper (including any supplement or magazine for which no charge is made to its recipient and which is published, whether regularly or occasionally, as part of, or in association with, the newspaper) in or with which the advertisement is to appear or has appeared; (b) 'the Buyer' means the person placing with the publisher the order for the insertion of the advertisement, whether such person be the advertiser of the product or service promoted thereby making the announcement therein ('the advertiser') or the Advertiser's advertising agency or media buyer; (c) the 'rate card' means the Publisher's rate card in effect for the time being (d) an 'advertisement' means matter to be printed on the page or separately inserted.
- The Buyer warrants that: (a) in relation to an advertisement the Buyer contracts with the Publisher as a principal notwithstanding that the Buyer may be acting directly or indirectly for the Advertiser as an advertising agent or media buyer or in some other representative capacity; (b) the reproduction and/or publication of the advertisement by the Publisher as originally submitted or as amended pursuant to condition 3 will not breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or render the Publisher liable to any proceedings whatsoever; (c) any information supplied in connection with the advertisement is accurate, complete and true; (d) in respect of any advertisement submitted for publication which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or copy by which any living person is or can be identified the Buyer or the Advertiser has obtained the authority of such living person to make the use of such a name, representation and/or copy; (e) in relation to any financial promotion the Buyer is or the contents of the advertisement have been approved by, an authorised person within the meaning of the Financial Services and Markets Act 2000 and related legislation, including but not restricted to the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 or that the advertisement is otherwise permitted under that act or related legislation; (f) the advertisement complies with the requirements of all relevant legislation (including subordinate legislation) the rules of statutorily recognised regulatory authorities and law of the European Economic Community for the time being in force in the United Kingdom and; (g) all advertising copy submitted to the Publisher is legal, decent, honest, and truthful and complies with the British Code of Advertising Practice and all other relevant codes under the general supervision of the Advertising Standards Authority.
- The publisher may, without derogation from the warranties contained in condition 2, refuse or require to be amended any artwork, materials and copy for or relating to an advertisement so as (i) to comply with the legal or moral obligations placed on the Publisher or the Buyer or the Advertiser or (ii) to avoid infringing a third party's rights, the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority or the production and quality specifications stipulated or referred to in the rate card.
- The Publisher has the right at its discretion to decline to publish or omit, suspend or change the position of any advertisement otherwise accepted for insertion. The Publisher may not distribute all parts of the newspaper to all locations.
- The Publisher will not be liable for any loss of copy, artwork, photographs or other materials which the Buyer warrants that it has retained in sufficient quality and quantity for whatever purpose.
- Where the Buyer is the Advertiser's advertising agency, the Buyer warrants that it is authorised by the Advertiser to place the advertisement with the Publisher and the buyer will indemnify the Publisher against any claim made by the Advertiser against the Publisher arising from the publication thereof.
- The publisher shall not be bound by a stop order or cancellation or transfer of the advertisement unless it meets the requirements specified elsewhere on the rate card, and any such instructions otherwise than prior to the deadline therefore shall not (even though it be followed by the Publisher) affect the Buyer's liability for payment for the advertisement. The Publisher may treat as a cancellation after the deadline the fact that the Buyer is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or is otherwise in breach of any of these conditions.
- Failure to pay any invoice by the due date will result in cancellation of credit facilities. Advertisers are advised to read 'Conditions of Insertion'. A commission of 15 per cent is allowed to all advertising Agents recognised by the Newspaper Publishers Association.
- Mail order Advertisements are accepted only after the Newspaper Publishers Association Application Form has been completed, approved and the appropriate payment made to the Central Fund. Full details on application.
- Buyers may make cancellations for advertisements by giving notice 30 working days prior to the date of insertion. All notice of cancellations must be given both verbally to the Advertisement Department and also in writing to the same. Any cancellations for a campaign are liable to a 25% administration fee.
- Payment in respect of the advertisement (including any associated production, late copy and box number charges) is due in advance of publication except where the Publisher has confirmed its agreement in writing to allow credit to the Buyer, in which case the due time for payment shall be no later than 2pm (i) if the Buyer is a recognised agency under the Joint Recognition Scheme of the Newspaper Publishers Association Limited and the Newspaper Society, on the last working day of the month following that in which the advertisement appeared; or (ii) in any other case on the last working day prior to the 16th day following the end of the month in which the advertisement appeared. Full details of each remittance are to be supplied to the Publisher by the due time. Payment shall mean (i) the receipt by the Publisher at its principal place of business (or elsewhere as it may direct) of cash or a cheque subsequently honoured or at its bank of monies transferred electronically or through the clearing banks giro credit system or (ii) payment by credit card. For the avoidance of doubt in determining the last working day of the month only English bank holidays shall apply.
- It is the Publisher’s practice to provide an invoice for each insertion/advertisement published. Open item statements are provided to each Buyer to whom credit is extended at the beginning of the month in which payment is due. Liability for payment arises from publication of the insertion/advertisement. Further, all items on the statement are deemed to be payable; any errors or omissions must be communicated to the Publisher in time to be rectified before payment becomes due. Payment for the advertisement shall be made as aforesaid whether or not the Buyer shall have provided the Publisher with an order or number at the time the advertisement was booked.
- The buyer agrees to pay the Publisher in respect of each advertisement for which payment is not made by the due time: (a) the sum of £25 as an administration charge and (b) interest on the amount paid late at the rate of four per cent above the base rate of National Westminster plc accruing from day to day (including the day on which payment was due) both before and after judgment. Any such additional charge is payable within seven days following delivery of the Publisher's invoice particularising it.
- It is the responsibility of the Buyer to check the correctness of the advertisement (and of each insertion of the advertisement if more than one). Without prejudice to condition 6, the Publisher assumes no responsibility for the repetition of an error in an advertisement ordered for more than one insertion unless notified immediately the error occurs. Any other matter of complaint, claim or query (whether in relation to the advertisement or the invoice) must be raised with the Publisher in writing within seven days following (as the case may be) insertion of the advertisement or of the date on which it is claimed the advertisement should have appeared. Without prejudice to the Publisher's entitlement to be paid for the advertisement as published, the Publisher's liability is limited to a maximum at its option of giving a credit for its charge for the advertisement (or in an appropriate instance) of publishing the advertisement for a second time without charge. Such complaint, claim or query shall not affect the liability of the Buyer for payment by the due time of the Publisher's charges for that and all other advertisements. The Buyer shall not be entitled to withhold payments by reason of any alleged minor defect. No claim will be considered on colour or mono reproduction unless the Buyer has supplied material in accordance with the Publisher's specifications. The mono specification is set out on the rate card, the colour specification is available on request.
- There is no obligation on the Publisher to supply voucher copies or tearsheets and their absence shall not affect the Buyer’s liability for the agreed charge. Voucher copies or other acceptable facsimile illustrating publication of advertisements can be made available on request.
- The Buyer will indemnify the Publisher and keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or reasonably foreseeably as a result of any breach or non-performance of any of the representations, warranties or other terms herein contained or implied by law so far as law allows.
- The placing of an order for the insertion of an advertisement shall amount to an acceptance of these conditions. All order forms and similar documentation are to be, and are to be deemed to be, procedural only and have no effect on these rate card conditions unless they are specifically drawn to the attention of the Advertisement Manager or their immediate deputy in writing.
- No waiver or indulgence by the Publisher shall be effective save in relation to the matter in respect of which it was specifically given.
- These conditions shall apply to each contract for the insertion of an advertisement together with such additional matter (if any) as may be set out elsewhere in the Publisher’s rate card. Telephone reservations for space shall be treated in all respects as written orders, and all conditions including those relating to cancellation periods will apply as though the orders were in writing at the time of the telephone order.
- The contract shall be construed under and governed by the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
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