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