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LONDON BOROUGH OF TOWER HAMLETS
CONDITIONS OF INSERTION FOR ADVERTISEMENT IN PUBLICATIONS
1. In these conditions:-
1.1 “the Publisher” means the London Borough of Tower Hamlets (LBTH) the publisher of the newspaper (including any supplement, or magazine of other printed matter for which no charge is made to its recipient and which is published whether regularly or occasionally as part of, or in association with the newspaper) in or with which the advertisement is to appear or has appeared.
1.2 “Advertiser” means the person, firm, company, their agents or assigns who wishes the publisher to publish an advertisement.
1.3 “Advertisement” means the matter to be printed on the page or separately inserted or data stored on disk or the publisher is asked to publish and which is intended to be viewed by the Public.
1.4 “Rate Card” means the Publisher's rate card in effect for the time being and may include, among other matters, its scale of advertisement rates, technical specifications, copy and cancellation deadlines and setting styles and standard conditions.
“Publication” means the making information available to the public.
“Copy” means the text and images which constitute the advertisement as supplied by the Advertiser either as raw copy to be set into an Advertisement by the Publisher or as finished artwork direct from the Advertiser or their agent.
2. Advertisements are accepted subject to LBTH approval of the copy and space being available.
3. These conditions apply in preference to and supersede any terms and conditions referred to, offered or relied on by the Advertiser whether in negotiation or at any stage in the dealings between the LBTH and the Advertiser with reference to the advertisement. LBTH will not be bound by any standard or printed conditions furnished by the Advertiser in any documents unless the Advertiser specifically states in writing, separately from such terms that it intends such terms to apply and LBTH acknowledges such notification in writing.
4. LBTH may omit or suspend any advertisements at any time upon reasonable grounds in which circumstance the Advertiser shall have no claim against LBTH. In the event of omission or suspension of an advertisement the Advertiser will be notified as soon as possible. If the omission or suspension is the fault of the Advertiser, payment for the advertisement will be due in full.
5. LBTH 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.
6. The Advertiser must supply copy instructions unasked. Unless copy instructions are received. LBTH reserves the right to publish only the Advertiser's name and address. The full advertisement price will be payable.
7. Where the Advertiser is using an agency the Advertiser warrants that it is authorised by the Advertiser to place the advertisement with the LBTH and the Advertisement will indemnify LBTH against any claim made by the Advertiser against LBTH arising from the publication thereof.
8. The Advertiser warrants that:-
any information supplied in connection with the Advertisement is accurate, complete and true;
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 the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy;
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 Service Act 1986 or the Advertisement is otherwise permitted by the Act;
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 Economic Community) for the time being in force;
the advertising copy will not contain material of a political or religious nature, or in relation to the sexual services industry; and Images, which are targeted at, may adversely affect or influence children or young people, which are either: violent images of an extreme or gratuitous nature, and or, images depicting either firearms and or bladed weapons , or which generally glamourise violence. And,
all advertising copy submitted to LBTH 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,
the Advertiser will fully indemnify LBTH on demand against any claim or liability arising from the advertisement.
9. LBTH in its discretion and at any time, may alter the position or date of publication of the advertisement and/or amend the copy, including wording, images and logos submitted to suit the style and subject matter of the publication concerned and/or charge the costs of production (other than printing costs) as an extra.
10. Copy films and artwork supplied to the Advertiser shall be held and used by LBTH at the Advertisers sole risk. LBTH may destroy any material supplied unless collected within six (6) months from publication. Corrected proofs must be returned by the date specified on the submission proofs. The Advertiser shall be responsible for checking proofs and corrections.
11. LBTH will accept no responsibility for the quality of the reproduction of any films or electronic images included in the copy.
12. LBTH will provide the Advertiser with one voucher copy per insertion. LBTH reserves to itself to make a reasonable charge if the Advertiser requests further copy.
13. Copyright in materials prepared by LBTH will rest in LBTH. Advertisements containing such material may not reproduced without LBTH consent and its use by the Advertiser may be subject to LBTH granting a licence upon such terms as it considers is reasonable in all the circumstances.
14. LBTH Logo shall not be incorporated in any advertisement without the express consent in writing of LBTH.
15. LBTH shall have the right to change its scale of advertisement rates at any time. On revision the Advertiser may cancel any outstanding orders but future orders shall be subject to the revised charges.
16. Invoices rendered by LBTH shall be paid within twenty eight (28) days from the date of the invoice (unless the Advertiser is a NPA/PPA recognised agent when clause 17 shall apply) and if they remain unpaid will bear cumulative compound interest at a rate of 4% above the Co-operative Bank plc base rate from the due date until payment is made.
17. Advertising agents recognised by the Newspaper Publishing Association (“NPA”) and the Periodical Publishers Association (“PPA”) will be granted commission as stated on the rate-card provided invoices are paid within twenty eight (28) days failing which the commissions will be reduced by 3% and a further 2% if invoices are not paid with fifty six (56) days of the due day.
18. In the absence of any other specific arrangements between LBTH and the Advertiser, payment in respect of the Advertisement (including any associated production, late copy and box number charges) is due in advance of publication except where LBTH has agreed to allow credit to the Advertiser, in which case the due time for payment shall be no later than 10 am on due date.
19. Full details of each remittance are to be supplied to LBTH by the due time. Payment shall mean the receipt by LBTH at its principal place of business (or elsewhere as it may direct) of cash or a cheque or at its bank of money transferred electronically or through the clearing banks' giro credit system.
20. Subject to the provisions herein LBTH will carry out its obligations hereunder with reasonable care and skill but otherwise all liability to the Advertiser, or any third party, for breach of contract, negligence (unless resulting in death or personal injury) or any other matter (including without limitation, delay or failure of an advertisement to appear and errors or omissions in any copy sent to LBTH) and if such exclusion shall be ineffective limits its total liability to the Advertiser, or third party to the charges paid or payable by the Advertiser hereunder.
21. All cancellations of any advertisement, or sponsorship booked by the Advertiser shall be required to be cancelled in writing and received by LBTH.
22. It is the responsibility of the Advertiser to check the correctness of the Advertisement (and of each insertion of the Advertisement if more than one). Without prejudice to condition LBTH assumes no responsibility for the repetition of an error in an Advertisement ordered for more than one insertion unless notified immediately the error occurs. Any other matter of complaint, claim or query (whether in relation to the Advertisement or the invoice) must be raised with the LBTH in writing within 7 days following (as the case may be) insertion of the Advertisement or of the date on which it is claimed the Advertisement should have appeared or of the receipt by the Advertiser of the invoice giving rise to it. Without prejudice to LBTH 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, LBTH liability is limited to a maximum at its option of giving a credit for its charge for the Advertisement or (in an appropriate instance) of publishing the Advertisement for a second time without charge. Such complaint, claim or query shall not affect the liability of the Advertiser for payment by the due time of LBTH charges for that and all other advertisements.
23. There is no obligation on LBTH to supply voucher copies or tearsheets and their absence shall not affect the Advertiser's liability for the agreed charge.
24. The Advertiser will indemnify LBTH and agrees to keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or reasonably foreseeably as a result of any breach or non-performance of any of the representations, warranties or other terms contained in these conditions or implied by law.
25. The placing of an order for the insertion of an Advertisement shall amount to an acceptance of these conditions and any conditions stipulated on an order form or elsewhere by the Advertiser shall be void insofar as they are inconsistent with these conditions.
26. Return of the acknowledgement copy or letter, fax telex or other electronic mail, or provision of copy by the Advertiser shall be deemed acceptance of the order and the conditions contained herein.
27. All matters affecting the placing of the Advertisement and LBTH Conditions shall be subject to the Laws of England and the parties agree and dispute or difference, if it cannot be resolved between the parties, acting in good faith, either may submit the dispute or difference to the jurisdiction of the English Courts.
Advertising Terms & Conditions 14 November, 2007
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