Tetbury Advertiser Terms and Conditions (inc Advertising Cancellation Policy)
- In the event insertion orders are not timely cancelled by the applicable close date, the Customer shall be liable for the cost of such cancelled advertisement.
- The Publisher reserves the right to decline or reject any advertisement for any reason at any time without liability even though previously acknowledged or accepted.
- The Customer agrees to pay the amount of invoices rendered by the Publisher:
- By the due date specified on the invoice and
- In full and in cleared funds and time for payment shall be of the essence of the contract.
- If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 8.5% per cent per annum. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
- The Customer shall indemnify the Supplier against all liabilities, costs, expenses, (including all interest and legal costs calculated on a full indemnity basis) suffered or incurred by the Supplier arising out of or in connection with the enforcement of this agreement
- Rates, conditions, and space units are subject to change without notice.
- The Customer agrees that in the event the Publisher commits any act, error, or omission in the acceptance, publication, and/or distribution of their advertisement for which The Publisher may be held legally responsible, the Publisher’s liability will in no event exceed the cost of the space ordered and further agrees that the Publisher will not under any circumstance be responsible for consequential damages, including lost income and/or profits.
- The Customer represents that it not only has the right to authorize the publication of any advertisement it has submitted to the Publisher, but that it is fully authorized and licensed to use (i) the names and/or the portraits or pictures of persons, living or dead, or of things; (ii) any trademarks, service marks, copyrighted, proprietary, or otherwise private material; and (iii) any testimonials contained in any advertisement submitted by or on behalf of the Customer and published by the Publisher, and that such advertisement is neither libelous, an invasion of privacy, violates any third party’s rights, or otherwise unlawful. As part of the consideration and to induce the Publisher to publish such advertisement, the Customer agrees to indemnify and save harmless the Publisher against all loss, liability, damage, and expense of whatsoever nature arising out of copying, printing, or publishing of such advertisement.
- All orders accepted are subject to acts of God, fires, strikes, accidents, or other occurrences beyond the Publisher’s control (whether like or unlike any of those enumerated herein) that prevent The Publisher from partially or completely producing, publishing or distributing the Tetbury Advertiser.
- All advertisements must be clearly identified by the trademark or signature of the Customer.
- Words such as “advertisement” will be placed with copy that, in the publisher’s opinion, resembles editorial matter. Reading notices are not accepted.
- Cancellations must be in writing. Cancellations not received in writing on or before the advertisement closing date are not binding on the Publisher. In the event an order is cancelled, the Customer agrees that they will still be responsible for the cost of any work performed or materials purchased on behalf of them. Orders may not be cancelled or changed by the Customer after the closing date without the acknowledgment and acceptance of the Publisher.
- A copy of any proposed insert must be submitted to the Publisher prior to printing of the insert. In no event shall the Publisher be responsible for any errors or omissions in, or the production quality of any furnished insert.
- The Customer agrees to reimburse the Publisher for its legal costs and fees in collecting any unpaid billings for advertisements.
- The parties agree that the details contained on orders will be treated as confidential.
Publisher: The Tetbury Advertiser Limited, registered in England and Wales with company no 08432698.
Customer: The advertiser and its agency, if there be one, acting jointly and severally.