1 The placing of an order for the insertion of an advertisement or sponsorship labelling in any of our printed or electronic publications shall amount to an acceptance of the following conditions and any conditions stipulated on an order form or elsewhere by an advertiser or advertising agency shall be void insofar as they are in conflict with them.
2 The Standard Conditions - available on request - agreed from time to time between the Newspaper Society and The Institute of Practitioners in Advertising shall be incorporated herein except to the extent that they conflict with the following conditions which shall prevail at all times.
3 All advertisement orders must be accompanied by the name and address of the sender, must comply with the British Code of Advertising Practice and all other codes supervised by the Advertising Standards Authority and shall comply with the requirements of current legislation and orders pursuant there to.
4. Advertising may be re-published in other media, print or electronic, at the newspapers discretion.
5 The publishers reserve the right to require pre-payment of advertising charges. Pre-payment means cash (or credit/debit card) with order. The publisher accepts no liability for any consequences arising from an advertiser's failure to comply.
6 Payment of invoices for advertising shall be made within 10 days of the date of the invoice, except that payment for advertising or sponsorship charged to approved credit accounts shall be made no later than the payment due date for each transaction in accordance with agreed terms.
The publisher may upon written notice vary the rate of commission previously agreed with or allowed to the customer where payment terms are not observed.
7 The publisher shall levy a charge of 3% of the cost of any advertisement for which payment has not been received on or before the last day of the month following insertion, provided that the invoices - and where it is accepted practice - the vouchers or other accepted proof of insertion, had been dispatched not later than the 10th of the month following insertion.
The publisher levy a further surcharge of 2% of the cost of any advertisement for which payment has not been received on or before the last day of the second month following insertion, provided as in the proceeding paragraph.
8 In the event that the invoices and vouchers (where it is established practice) were dispatched after the 10th of the month following insertion , the publisher shall levy a surcharge of 3 % of the cost of any advertisement for which payment has not been received on or before 21 days from dispatch of the later of the invoices or vouchers.
In the event that the invoices and vouchers (where it is established practice) were dispatched after the 10th of the month following insertion, the publisher may levy a further surcharge of 2 % of the cost of any advertisement for which payment has not been forwarded on or before the last day of the third month following insertion
9 The surcharge amount shall not be subject to any commissions normally allowed to the advertiser and is due immediately on submission of invoice.
10 Where an advertiser does not have an approved credit account, the foregoing surcharges will not apply. In such circumstances a 50% administration surcharge is levied on the VAT exclusive value of an invoice where not settled within the stipulated 10 day term.
11 All gross advertising rates (except classified lineage and semi displays)are subject to a 0.1% Advertising Standards Board of Finance surcharge payable by advertisers to help finance the self regulatory control system administered by the Advertising Standards.
Administration Charges in respect of Overdue debts
12 The costs and liabilities imposed by this clause are in addition to any costs or fees properly recoverable in a court action to recover an unpaid debt. Examiner News & Information Services Ltd reserves the right where action becomes necessary to collect an overdue debt, to debit a customer with an administration charge of an amount equal to the total costs incurred by the company in consequence of the customers default. Where advertising services are requested and such total costs have been finally determined an interim charge may be levied on account. Such charges shall not be subject to any commission normally allowed to the customer and are due for payment immediately on submission of invoice. The company reserves the right to withhold advertising services where such charges remain unpaid.
13 The existence of any individual query on any individual invoice or item on an account shall not affect the due date of payment of items not in dispute.
- Queries on published / produced material must be notified within 5 days of insertion date.
- Queries on invoices charged must be notified within 5 days of receipt of invoice.
14 We reserve the right to cancel any order at any time by giving reasonable notice before publication. We also reserve the right to:
(a) omit, suspend, or change the position or page of any advertisement even if it has been accepted and
(b) decline to accept any order to any advertisement - or part thereof - and without giving a reason therefore, and
(c) decline or to alter copy or artwork of which we do not approve.
Limits of Responsibility
In the event of any error, misprint or omission of an advertisement or part of an advertisement, within any of our printed publications, EN&IS Ltd 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.
In the event of an error or omission in an advertisement published on our internet site, EN&IS Ltd will make the necessary correction and, if required, extend the exposure on the site accordingly.
No reinsertion, refund or adjustment will be made where the error, misprint or omission does not materially detract from the advertisement. In no circumstances shall the total liability of the publisher for any error, misprint or omission exceed (a) the amount of a full refund of any price paid to the publisher for the advertisement / sponsorship labelling in connection with which liability arose, or (b) the cost of a further or corrective advertisement of a type and standard reasonably comparable to that in connection with which liability arose.