The Birchley Hall Press

 

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:

  1. ‘Advertiser’ means a person or company making a booking otherwise than through or by means of an Advertising Agent or Agency.
  2. ‘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.
  3. ‘Advertising Copy’ means advertising text, content or artwork intended for reproduction in The Birchley Hall Press publication.
  4. ‘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.
  5. ‘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.
  6. 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

  1. 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.
  2. 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.
  3. 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

  1. 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.
  2. 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.
  3. 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

  1. Any credit accounts must be authorized by The Birchley Hall Press in writing in advance.
  2. 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.)
  3. 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.
  4. 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.
  5. 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

  1. 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

  1. All online advertising rates are subject to the current Advertising Standards Board of Finance surcharge payable by the Advertisers.
  2. 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.