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Standard conditions of acceptance
General
The following conditions apply to the placing of an order for
insertion of advertisements in Birchley Hall Press electronic or printed
publications.
Definitions:
- ‘Advertiser’ means a person or company making a booking
otherwise than through or by means of an Advertising Agent or
Agency.
- ‘Advertising Agent’ or ‘Agency’ means a person or company
carrying on the business involving the selection and purchase of
advertising space and/or time for persons wishing to advertise.
- ‘Advertising Copy’ means advertising text, content or artwork
intended for reproduction in The Birchley Hall Press publication.
- ‘Contract’ means the agreement between The Birchley Hall Press
and the Advertiser and/or Advertising Agent or Agency for the
publishing or broadcast of the advertisements, which is governed by
these terms and conditions.
- ‘Advertisement’ means any page or part thereof containing
graphics or text put forward by the Advertiser for publication in
The Birchley Hall Press publication pursuant to the Contract.
- For the purpose of these terms and conditions, all references to
the Advertiser shall, unless the context otherwise requires, be
construed as references to the Advertising Agent or Agency where the
agreement is entered into by an Advertising Agent or Agency on
behalf of a third party.
ACCEPTANCE OF TERMS AND CONDITIONS
- By placing an order with The Birchley Hall Press
for publishing or broadcast on the website, the Advertiser is deemed
to have accepted these Terms & Conditions.
- No terms and conditions other than those set forth herein or any
variation thereof shall be binding upon The Birchley
Hall Press or the Advertiser unless it is in writing and
signed by authorised representatives on behalf of The
Birchley Hall Press and the Advertiser.
- The Birchley Hall Press do not guarantee
the success of any Advertisement or series of Advertisements which
it publishes or transmits on it’s website and will accept no
liability for the commercial failure of any Advertisement(s).
ACCEPTANCE OF ADVERTISEMENTS
- An advertisement will be transmitted only if it is approved by
The Birchley Hall Press and complies with all applicable laws, rules
and regulations, and any industry codes or rules (by which The
Birchley Hall Press and the Advertiser may be bound) that are in
force at the time of publication or transmission.
- Advertisement Copy, together with any
instructions pertaining thereto, must be submitted in advance of the
scheduled publication or transmission for provisional approval by
The Birchley Hall Press.
- Every care is taken to avoid mistakes but the The Birchley Hall
Press cannot accept liability for any errors due to third parties,
subcontractors or inaccurate copy instructions.
MATERIALS AND PROPERTY LIABILITY
Whilst every reasonable care will be taken in respect of advertising
material or artwork, The Birchley Hall Press cannot accept liability for
the delay in delivery, loss or damage thereof, whether on the premises
of The Birchley Hall Press or in transit and whether or not such
advertising material or artwork is supplied to The Birchley Hall Press
and however the said delay in delivery, loss or damage is caused.
ACCOUNTS
- Any credit accounts must be authorized by The Birchley Hall
Press in writing in advance.
- Other accounts shall be paid not later than ten (10) days upon
receipt of invoice (unless placement of the advertisement on the
website is due in less than ten days in which case the payment must
be immediate.)
- In default of payment under paragraphs 1 and 2, The Birchley
Hall Press shall be entitled, without prejudice to its other
remedies for breach of contract, to refuse to publish or place the
Advertisement Copy or by seven (7) days’ notice in writing to
terminate the Contract.
- Advertisers shall pay interest at a rate equal to one and a half
percent (1.5%) per month or, in the event that the parties are
precluded by law for establishing such rate, the maximum interest
rate, permitted by applicable law, on any account or any balance of
accounts remaining unpaid after the twenty fifth (25th) day of the
month following the month of publication.
- All rates published are exclusive of any value-added or other
relevant sales tax and the Advertiser shall be solely responsible
for any and all such taxes.
CANCELLATION
- All cancellations must be registered in writing to The Birchley
Hall Press within ten (10) working days from date of contract and
are subject to a thirty (30) % cancellation fee.
ONLINE ADVERTS
- All online advertising rates are subject to the current
Advertising Standards Board of Finance surcharge payable by the
Advertisers.
- Where orders are placed by Advertising Agents the Agency will be
responsible for collecting this surcharge and paying it to the
Advertising Standards Board of Finance. Where the Advertiser places
advertising direct the Publisher will surcharge its gross rate by
the current rate and pass this direct to the Advertising Standards
Board of Finance.
These conditions and all other express terms of the contract shall be
governed and construed in accordance with the Laws of England.
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