Terms and conditions

Essentially Local Ltd accepts publication of advertisements on the terms and conditions set out:

1. Definitions

These definitions describe terms used in relation to the magazine known as Essentially Local and any other products produced by Essentially Local Ltd.

EL is the abbreviated term being used in place of Essentially Local Ltd.

The rate card describes the rates for any advertisement or other information published in products produced by EL in effect at the order date.

The advertisement rates describe the rates set out on the rate card.

The advertiser refers to the person placing the order for an advertisement with EL whether they are the advertiser of the product or service or advertising agency or media buyer for the advertiser.

Advertisement is the information to be printed in a product produced by EL. The booking order means the booking agreement in effect at the order date.

The order date is the date that the order for the advert is made by the advertiser either by telephone, email or other means.

The cancellation period is the timescale and date within which the advertiser is required to notify EL of any cancellation of an order.

The copy deadline is the confirmed dates by which artwork and copy should be received. The technical specifications are the accepted specifications required for artwork at the order date.

2. Payment Terms

2.1 In the absence of any prior specific written credit arrangement between EL and the advertiser, payment for any advertisement (including any associated production, late copy etc) will be due no less than seven days in advance of publication.

2.2 Where EL has expressly agreed in writing to give the advertiser credit in the form of a standing order, payment for the first advertisement must be received in full prior to the payment deadline and subsequent monthly payments must ensure full payment for each advertisement is received prior to the payment deadline.

2.3 The advertiser must include details of their remittance and specify the invoice number (if available) with full payment details.

2.4 Payment of all sums due will be made to EL by cheque, transferred electronically by BACS or by credit or debit card payment.

2.5 Payment for any advertisement will be made whether or not the advertiser has received EL‘s invoice and has any query about any element of invoices.

2.6 In the event that payment is not made by the due date, EL reserves the right to charge the following additional charges:

2.6.1 £25 administration charge in respect of each invoice not paid on or before the due date.

2.6.2 interest and compensation for late payments in accordance with the Late Payment or CommercialDebts (Interest) Act 1998. Any such additional charge is payable within 7 days following delivery of EL‘sinvoice itemising it.

3. Submission of Advertisement

3.1 All advertisements must be submitted to EL in a form that complies with the technical specifications. These can be found at www.essentiallylocal.co.uk or a copy can be requested.

3.2 EL must receive the advertisement and all artwork / copy no later than the copy deadline.

3.3 The advertiser is responsible for checking that the advertisement is correct and EL accepts no liability for any error in any advertisement.

3.4 All information supplied in connection with the advertisement or copy must be accurate, legal, truthful, decent and not misleading. Where any living person whose name or image (in whole or part) is contained with the advertisement, consent must have been obtained.

3.5 Advertisements must not infringe a third party‘s rights including any person’s intellectual property rights, the Trade Descriptions Act 1958, the Business Advertisements (Disclosure) Order 1977, the British code of Advertising Practice and all other codes under the general supervision of the advertising standards Authority see www.asa.org.uk

3.6 The advertisement will not be prejudicial to the image or reputation of EL

3.7 Where the advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorised by the advertiser of a product or service to place the advertisement. The advertising agency or media buyer and the advertiser will compensate EL for any claim made by such advertiser against EL.

3.8 In the event that the advertiser submits the artwork and copy to EL after the copy deadline, EL will at its discretion be entitled to:

a) reject the advertisement and it will be deemed cancelled for the purpose of this agreement.

b) accept and include the advertisement in the next edition of the magazine or other product, in which case the advertiser agrees to pay EL in respect of each advertisement submitted after the copy deadline and included in the magazine or other product. In addition to the advertisement rate a late placement fee calculated at the rate of twenty pounds (£20) (plus VAT) per hour or part thereof up to a maximum of one hundred pounds (£100) (plus VAT)

c) repeat an advertisement previously submitted to EL by the advertiser.

4. Right to reject/alter.

4.1 EL has the right at its discretion to reject, cancel or require any artwork, materials and copy for or relating to an advertisement to be amended that it considers unsuitable.

4.2 EL has the right at its discretion to suspend, alter, edit, crop, resize and reformat or change the position of any Advertisement accepted for insertion. EL will use reasonable efforts to comply with specified written requirements of the advertiser although EL does not guarantee the wording or quality of the colour reproduction of the advertisement.

4.3 EL may refuse to publish any advertisement for any advertiser who has not paid any sums due to for any advertising in the magazine. The advertiser will remain responsible for all outstanding charges.

4.4 In the event that EL elects to make alterations to the advertisement to comply with the technical specifications the advertiser agrees to pay an alteration fee to EL in addition to the advertisement rate. This additional fee will be based on the time spent (man-hours) making the alterations required, at the rate of ten pounds (£10) plus VAT per half hour or part thereof.

5. Cancellation policy

5.1 The advertiser must notify EL of any cancellation in writing within the relevant cancellation period, details can be found at www.essentiallylocal.co.uk. The advertiser is responsible for ensuring that EL has received the notification.

5.2 The cancellation deadline is normally two weeks prior to the copy deadline, which is normally the 1st day of the month prior to the publication date of the magazine.

5.3 Any cancellation instruction received after the cancellation date will not affect the advertiser’s liability for payment for the advertisement.

5.4 Where the advertiser has failed to pay monies to EL on or before the due date or is deemed unable to pay its debts within the meaning of Insolvency Act 1986 or is otherwise in breach of any of the other terms and conditions set out herein, will treat this failure to pay as a cancellation by the advertiser.

5.5 Any discounts or reduced advertising rates agreed by EL for multiple advertisements apply only in the event that and are conditional that all proposed advertisements are placed. In the event that the Advertiser cancels prior to fulfilling the advertising agreement, the advertiser surrenders the right to the discount or reduced rate and advertisements will be charged and paid for at the otherwise applicable rate or if none is specified the full rate. An additional administration fee of £30 will be charged.

6 Copyright

6.1 The advertiser hereby grants to EL a worldwide license to reproduce, display and copy the advertisement in any product produced by EL.

6.2 EL owns the copyright to all artwork, copy and other material written or designed by it or on its behalf.

7. Warranty

The advertiser will confirm that:

7.1 The reproduction and publication of the advertisement or copy by EL as submitted or as amended will not breach any contract or infringe or violate any copyright, trademark or another personal or proprietary right of any person or render EL liable to any proceedings whatsoever.

7.2 A person authorised by the Financial Services and Markets Act 2000 has approved any

advertisement submitted for publication containing information relating to any financial investment.

7.3 The advertiser indemnifies EL and agrees to keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or reasonably foreseeable as a result of any breach or non–performance of any of the representations, warranties or other terms contained in the conditions or implied by law.

8. Limitation of Liability

8.1 If due to a mistake on the part of EL, a booked Advertisement is not published, EL will offer space in the next available suitable publication. If the alternative publication is not accepted, the original booking will be cancelled. If the advertiser has paid in advance for the advertisement, they will be entitled to a full refund. This will be the advertiser’s only compensation for failure to publish the advertisement.

8.2 If due to a mistake on EL’s part the advertisement as reproduced by EL contains a substantial error, EL will on request, re–publish the advertisement at no additional cost to the advertiser. EL will not be responsible for the repetition of errors and it is the advertiser’s responsibility to inform EL of any errors and assist EL to prevent a repeat of the error.

8.3 Any advertiser’s complaint, claim or query in relation to an advertisement or invoice must be raised within 28 days following the date when the publication appeared or when the invoice was issued and will not be valid thereafter.

8.4 Without prejudice to Essentially Local’s right to be paid for the advertisement:

8.4.1 in no circumstances will the total liability of EL for any error or omission exceed the charge for the advertisement in question;

8.4.2 any complaint, claim or query will not affect the liability of the advertiser for payment by the due time of EL‘s charges for that and any other advertisements.

8.5 EL will not be liable for any indirect or consequential loss (including without limitation, business interruption and loss of profits, business, goodwill, anticipated savings, information and data) whether arising out of negligence, breach of contract or otherwise and whether or not the party was advised of the possibility of such loss by the other party or for any liability arising from the publication of any material submitted by the advertiser.

8.6 EL will not be liable for any loss of copy, artwork, photographs or other materials, which the advertiser warrants that it has retained insufficient quality and quantity for whatever purpose it may require.

8.7 EL reserves the right to destroy all artwork and other materials which have been in its custody for 12months from the date of its last submission or appearance in the magazine or other product if later.

9. Miscellaneous

9.1 The advertiser grants EL the right (free of charge) to use the advertiser’s names, trademarks and logos as EL may consider necessary for the purposes of publishing the advertisements.

9.2 EL reserves the right to agree to offer or accept a request or reject a request for an editorial, however, advertisers are not automatically entitled to an editorial.

9.3 By agreeing to place an order for an advertisement within a publication produced by EL an advertiser will be accepting these conditions and any conditions stated on the order form or elsewhere.

9.4 These terms and conditions will apply to each booking order.

9.5 No modification, amendment or waiver of any of these conditions or any provision will be binding upon either party unless confirmed in writing by the parties. No waiver of any provisions of or default under these conditions will affect any party‘s right thereafter to enforce such provision or to exercise any right or remedy hereunder in respect of a subsequent default.

9.6 If any part of these conditions will be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination then such part or parts will be deemed never to have been incorporated in these conditions but all other terms and provisions in the remainder of these conditions will remain in full force and effect.

9.7 The booking order that incorporates these conditions will be construed under and governed by the laws of England and the parties submits the exclusive jurisdiction of the English Courts.