The following sets out the terms and conditions for
advertising in The Times and the Sunday Times, The Sun and the News
of the World newspapers, their associated magazines or websites,
and all customer orders are accepted subject to these terms and
conditions. Please read them all carefully before submitting your
advertisement copy; by submitting your advertisement copy to us,
you agree to these terms and conditions.
Your attention is drawn, in particular, to the
following:
News International (Advertisements) Limited terms and
conditions of insertion of advertisements in newspapers
(incorporating the Newspaper Publishers' Association standard
conditions of insertion of advertisements in
newspapers)
In these conditions;
(a) "We" or "us" means News International
(Advertisements) Limited (registered number 1929146) of 3 Thomas
More Square, London, E98 1XY;
(b) "You" means the person placing the order for
the insertion of the advertisement with us, whether such person be
the advertiser of the product or service promoted thereby or making
the announcement therein ("the Advertiser") or the Advertiser's
advertising agency or media buyer;
(c) The "rate card" means our rate card in effect
for the time being which may include, among other matters, our
scale of advertisement rates, technical specifications, copy and
cancellation deadlines (Job advertising, Newspaper display) and
setting styles, and further terms and conditions; and
(d) An "advertisement" means matter to be printed
on the page or otherwise published.
2. We will only accept instructions or conditions
applying to an order if those instructions or conditions have been
clearly supplied to us in writing, and they have been approved by
us. All bookings must be accompanied by a customer reference. All
copy and artwork, and any changes to copy and artwork must be
provided prior to our copy deadlines. Copy deadlines can be
found at www.niadhelp.com any benefits applied to advance bookings
will not be available for any bookings made after the advanced
booking deadline.
3. You (and the Advertiser, if applicable) hereby
grant us the right to publish the advertisement in the relevant
newspapers and in any other of our publications (including
reprographic and digital cuttings and page images) in any medium,
whatever the means or system of production delivery (including
on-line versions of the newspapers).
4. You warrant that:
(a) In relation to an advertisement, you contract
with us as a principal notwithstanding that you may be acting
directly or indirectly for an Advertiser as an advertising agent or
media buyer or in some other representative capacity;
(b) The reproduction and/or publication of the
advertisement as originally submitted or as amended pursuant to
paragraph 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 us liable to any claim or proceedings
whatsoever;
(c) Any information supplied by you 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 any copy by which any living person is or
can be identified, you or the Advertiser has obtained the authority
of such living person to make use of such name, representation
and/or copy;
(e) In relation to any investment advertisement,
the Advertiser is, or its contents have been approved by, an
authorised person within the meaning of the Financial Services Act
1986 or the advertisement is otherwise permitted under that
Act;
(f) 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 Union) for the time being
in force or applicable in the UK; and
(g) All advertising copy submitted to us 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.
Each of the above warranties applies to each publication of an
Advertisement during a campaign.
5. We may reject, or require to be amended, any
artwork, materials and copy for or relating to an advertisement so
as
(a) To comply with legal or moral obligations placed on us or you
or any Advertiser; or
(b) 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 specification stipulated or referred to in
the rate card. We have no liability to you for declining to
publish an Advertisement for any of the foregoing
reasons.
6. We have the right at our discretion to decline
to publish, or to omit, suspend or change the position of, any
advertisement otherwise accepted for insertion. We do not guarantee
any position within the publication. However, we will use
reasonable efforts to comply with your wishes although we give no
representation, warranty or undertaking as to the date of
insertion, the wording, or the quality of the colour or mono
reproduction of the advertisement. We may cancel your order if we
cease to publish the relevant section, magazine or publication, or
amend the inventory available in a section, magazine or
publication, by giving one (1) weeks' notice.
7. We will not be liable for any loss of copy,
artwork, photographs or other materials, which you warrant that you
have retained in sufficient quality and quantity for whatever
purpose. The foregoing includes misdirected electronic
communications.
8. Where you are the Advertiser's advertising
agency, you warrant that you are authorised by the Advertiser to
place the advertisement with us and you will indemnify us against
any claim made by the Advertiser against us arising from the
publication thereof.
9. We shall have the right to change our scale of
advertisement rates at any time. All prices are exclusive of VAT
and refer to the UK editions of the papers only. VAT will be
charged at the rates specified by law from time to
time.
10. We shall not be bound by a stop order or
cancellation or transfer of the advertisement unless it is in
writing, and we have confirmed your cancellation.
Cancellation deadlines are listed at the end of these terms and
conditions. Any stop order, cancellation or transfer of the
advertisement other than prior to the relevant deadline shall not
(even though it be followed by us) affect your liability for
payment for the advertisement (see relevant details for Job
advertising, Newspaper display). We may treat as cancellation the
fact that
(a) You become insolvent, have an administrator,
receiver or manager appointed over the whole or any part of your
assets or business, make any composition or arrangement with your
creditors, take or suffer any similar action in consequence of
debt, or an order or resolution (whether final or not) is made for
your bankruptcy, winding-up, dissolution or liquidation (other than
for the purpose of solvent re-organisation) or any event occurs in
a foreign jurisdiction analogous to, or comparable with, any of the
above or
(b) You are otherwise in breach of any of these
terms and conditions.
11. In the absence of any other specific
arrangement between you and us, payment in respect of the
advertisement (including any associated production, late copy and
box number changes) is due in advance of publication, except where
we have agreed to allow credit to you, in which case the due time
for payment shall be no later than 10am
(a) If you are 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
(b) In any other case, on the 30th day following
the date on which the advertisement (or, if one in a series, the
last advertisement in the series) appeared (or, if such 30th day is
not a working day, the working day immediately prior to such 30th
day). Full details of each remittance are to be supplied to us by
the due time. Payment shall mean the receipt by us at such place as
we may direct of cash or a cheque or at our bank of moneys
transferred electronically or through the clearing bank's giro
credit system.
12. Payment for the advertisement shall be made as
aforesaid whether or not you shall have
(a) Received our invoice or,
(b) Been provided by us with an order number at
the time the advertisement was booked. Non provision or
incorrect provisions by us of your customer reference will not
constitute a reason for delay in payment.
13. You agree to pay to us 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 4% above the base rate of National Westminster Bank PLC accruing
from day to day (including the day on which payment was due) both
before and after judgement. Any such additional charge is payable
within seven days following delivery of our invoice particularising
it.
14. It is your responsibility to check the
correctness of the advertisement (and of each insertion of the
advertisement if more than one). Without prejudice to paragraph 6,
we assume no responsibility for the repetition of an error in an
advertisement ordered for more than one insertion unless notified
within 48 hours of publication of the error. Any other matter of
complaint, claim or query (whether in relation to the advertisement
or the invoice) in relation to the quality, content, publication
of, or charge for an Advertisement must be raised with us in
writing within seven days following the insertion of the
advertisement or the date on which it is claimed the advertisement
should have appeared. Any queries in relation to invoices
must be raised within 7 days of the date of the invoice. In
any such circumstances (without prejudice to our entitlement to be
paid for the advertisement as published a sum representing a
reasonable proportion of the charge agreed at the time the
advertisement was booked) our liability is strictly limited either
(at our option) to giving you a credit against our charge for the
advertisement or (in an appropriate instance) publishing the
advertisement for a second time without charge. Such complaint,
claim or query shall not affect your liability for payment by the
due time of our charges for that and all other
advertisements.
Where a query relates to a failure to publish an Advertisement in a
premium position, we will only be liable to refund a proportion of
the fees that reflect the premium position.
In the event that a query is raised in relation to an insertion, NI
accept no liability until a formal investigation has taken place
and a written conclusion has been produced
15. If we agree to pay or credit you a rebate,
refund or other benefit, you may not query or dispute any invoice
to which that benefit applies after the benefit has been paid or
credited to you.
16. There is no obligation on us to supply voucher
copies or tear sheets and their absence shall not affect your
liability for the agreed charge. We will not notify you of
the commencement of an online campaign.
17. You will indemnify us and any publisher of an
advertisement and agree to keep us and any such publisher
indemnified against all claims, costs, proceedings, demands,
losses, damages, expenses or liability whatsoever arising directly
or indirectly as a result of any breach or non-performance of any
of the representations, warranties or other terms herein contained
or implied by law.
18. The placing of an order for insertion of an
advertisement shall amount to an acceptance of these terms and
conditions and any terms and conditions stipulated on an order form
or elsewhere by you shall be void insofar as they are inconsistent
with these conditions, unless they have been agreed and
acknowledged by us in writing as taking priority over these terms
and conditions.
19. These terms and conditions set out the full
extent of our and any publisher's obligations and liabilities in
respect of publication of any advertisement. In particular, there
are no terms as to satisfactory quality, fitness for a particular
purpose or of any other kind whatsoever, except as specifically
stated in these terms and conditions, and any condition or other
term which might otherwise be implied into or incorporated into a
contract, or any collateral contract, whether by statute, common
law or otherwise, is hereby excluded to the fullest extent
permissible at law, except in respect of injury to or death of any
person caused by our negligence. We are not liable to you or any
third party for loss of profits, loss of contracts, loss of
anticipated savings, data, goodwill and revenue or any other
indirect or consequential loss, arising from breach of contract or
howsoever, and our maximum liability to you for any loss or damage
arising out of the contract between you and us relating to any
advertisement, its publication or non-publication (except in
respect of injury to or death of any person caused by our
negligence) is limited to the amount paid or payable by you in
respect of such advertisement.
20. No waiver or indulgence by us shall be
effective save in relation to the matter in respect of which it was
specifically given. Any refunds, or compensation or benefits
applied to an advertisement will apply to that insertion only and
will not apply for an entire campaign.
21. These terms and conditions shall apply to each
contract for the insertion of an advertisement, together with such
additional terms and conditions (if any) as may be set out in our
rate card and, in the event of any variations or inconsistency
between these terms and conditions and the terms and conditions set
out in the rate card, the latter shall prevail.
22. News International offers advertisers the opportunity of booking advertisements to appear in all editions or selected regional editions at our discretion and as described in any current published ratecard.
23. Advertisers will be informed which regional editions their advertisement are booked to appear in, either in their written order confirmation (e-mail address must be supplied) or, when placing a telephone booking. Telephone calls may be recorded. Any subsequent booking amendments will be similarly notified.
24. The contract which incorporates these terms and conditions shall be construed under, and governed by, the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Standard Ts and Cs Cancellation Deadlines and Charges
Cancellation instruction received and acknowledged:
Home Shopping Advertisements
For advertisements and inserts where the reader can make a
prepayment prior to receiving the goods offered, the advertiser is
expected to be a member of the National Newspapers' Safe Home
Ordering Protection Scheme.
For information on S.H.O.P.S - Please call 01628 641930 / www.shops-uk.org.uk