Advertising Conditions of Acceptance

The conditions of acceptance stated below apply to publications published by Anglia Newspapers Ltd., the effective date being January 1st 2000, previous conditions are hereby terminated. In these conditions, "Publisher" means Anglia Newspapers Ltd., and "Advertiser" means any person or corporate entity submitting advertising material for publication whether for itself or on behalf of a third party.

1) These conditions shall apply to all advertisements accepted for publication and Newsagent accounts. No contract may be made until an order has been accepted by the Publisher. No variation of these terms and conditions shall be agreed unless such agreement is recorded in writing by the duly authorised representative of the Publisher.

2) Advertising rates will be at the Publisher's full rate card value ruling from time to time unless otherwise agreed by the publisher in writing. The Publisher reserves the right to increase advertisement rates at any time.

3) The name and address or registered office of the Advertiser or the Advertiser's agency whether for publication or not, must accompany each advertisement (trade advertisements must indicate the fact). The name and address or registered office of a Newsagent must also be held by the Publisher.

4) The Advertiser warrants to the Publisher that:

a. All advertising material submitted by the Advertiser is legal, decent, honest and truthful, complies with the British code of Advertising and Sales Promotion and all other Codes under the general supervision of the Advertising Standards Authority, complies in all respects with the and its publication shall not infringe any rights of copyright or any other rights of any third party.
b. All necessary licences consents and permissions have been obtained in respect of any advertising material submitted for publication (including without limitation copy, artwork, photographs, typographical arrangements, and computer software) copyright or other rights in which vest in any third party.
c. All necessary consents and permissions have been secured in respect of the use in the advertisement(s) of pictorial representations of (or purporting to be of) any living person and of words attributed to any living person.

5) While every endeavour will be made to meet the wishes of advertisers, the Publisher does not guarantee the insertion of any particular advertisement on any special date.

6) a. In the event of any error, misprint or omission in the printing of an advertisement or part of an advertisement (not being matter covered by Clause 5 of this contract) the Publisher will either re-insert the advertisement, or relevant part as the case may be, or make a reasonable refund of or adjustment to the cost. No re-insertion, refund or adjustment will be made where the error, misprint or omission does not materially detract from the advertisements.
b. In no circumstances shall the total liability of the Publisher for any error, or omission exceed the amount of a full refund of any price paid to the Publisher for the advertisement in connection with which liability arose.
c. It is the responsibility of the advertiser to check the first insertion of any series of advertisements and to notify the publisher immediately of any errors. The Publisher assumes no responsibility for the repetition of errors unless notified by the advertiser.
d. The Publisher shall not be liable for any consequential loss or damage occasioned by any total or partial failure (however caused) of publication or distribution of any newspaper or edition in which any advertisement is scheduled to appear. e. The Publisher will allow to an advertising agency the right to cancel any unexpired part of an order without penalty in the event of the death or failure of it's client.

7) The Publisher reserves the right to:

a. Cancel the order at any time before the next insertion but in that event the advertiser/advertising agency shall not be liable for payment of the difference (if any) between the rates for the series specified in the order is stopped;
b. Make any alteration it considers necessary or desirable in an advertisement and to require artwork or copy to be amended to meet it's approval and/or to substitute a different typographical font from that in which the advertising material is submitted (including without limitation electronic copy) where the Publisher reasonably believes that use of the font as submitted by the Advertiser may infringe the copyright or other rights of any third party.

8) In circumstances in which additional work is required to ensure publication of a particular advertisement (colour or mono) then the advertiser will be charged for any additional process work.

9) a. All advertisement material originated by the Publisher remains the Publisher's copyright.
b. The Publisher is hereby authorised by the Advertiser on a non-exclusive basis to, and to permit others to, record, reproduce, publish, distribute and broadcast all advertisements and advertising material submitted by the Advertiser (including without limitation text, artwork, photographs) and to include and make available the same by any means and in any and all media including without limitation any information service, electronic or otherwise.

10) Series discounts apply only to orders placed in advance and completed within one year of date of first insertion. If the Advertiser cancels the balance of the series all unearned series discounts shall be paid by the Advertiser. The Advertiser will not be surcharged if the Publisher cancels the balance of the series.

11) Advance notice of advertisement cancellations is as follows:- Features - 10 days prior to publication; Special positions - 8 days prior to publication and all other advertisements - 4 days.

12) Advertisement orders are issued by an Advertising Agency as a Principal and must be on the Agency's official form. (When copy instructions not constituting official order are issues, they shall be clearly marked at the head "Copy Instructions - not an order".

13) a. The placing of an order by an Advertiser, or an Advertising Agency on behalf of the client, or Newsagent constitutes an assurance that all necessary authority and permission has been secured.
b. The Advertiser shall indemnify the Publisher and keep the Publisher at all times fully indemnified from and against all claims demands costs loss or damage whatsoever arising directly or indirectly as a result of publication of any advertisement submitted by the Advertiser including without limitation actual or threatened legal action.

14) Every endeavour will be made to forward replies to box numbers to the Advertisers as soon as possible after receipt by the Publisher, but the Publisher accepts no liability in respect of any loss or damage alleged to have arisen through delay in forwarding or omitting to forward such replies (howsoever caused). The Advertiser authorises the Publisher to return to it's originator any communications which, in the opinion of the Publisher, should not be delivered to the Advertiser. The newspaper reserves the right to disclose the name and address of Advertisers and/or Agencies to the police, trading standards officials, any other relevant authority and, where the Publisher in his sole discretion deems reasonable, to a third party.

15) All advertisements from private Advertisers must be pre-paid prior to publication.

16) An administration fee of £12(plus VAT) will apply on cheques which fail to be honoured.

17) Advertiser's artwork, film and all other property is held at the Advertiser's risk and should be insured by the Advertiser against loss or damage from whatever cause. The Publisher reserves the right to destroy without notice all artwork, film and other property which has been in his custody for three months from the date of its last appearance in an advertisement provided that the advertisement has not been given instructions to the contrary.

18) When required the Advertiser shall supply advertisement copy to the Publisher on the copy date specified from time to time by the individual publication(s) in which the advertisement is to appear. If copy instructions are not received by the appropriate copy date the Publisher reserves the right to repeat the most appropriate copy.

19) For mail order advertisements the Advertiser will immediately upon request supply to the Publisher a duly signed and completed mail-order form or at the option of the Publisher a duly completed and signed reference undertaking in a form specified from time to time by the Publisher. Where the Advertiser is a Limited Company in their individual capacity as indemnifiers.

20) Credit accounts must be paid by the Advertiser/Newsagent within 28 days from the date of the Publisher's invoice. The publisher reserves the right to charge interest at 8% p.a. plus an administration fee on accounts exceeding payment terms.

21) Time of payment shall be of the essence and failure to make payment on the due date or any other breach of contract by the Advertiser/Newsagent or if in the Publisher's opinion the financial position of the Advertiser/Newsagent shall not at any time be to the Publisher's satisfaction then the Publisher reserves the right to terminate the contract (but without prejudice to it's rights in respect of any antecedent breach by the Advertiser/Newsagent) or suspend the contract until such time as the Publisher is satisfied as aforesaid.

22) If the Advertiser/Newsagent shall fail to pay in accordance with 20 above then all sums owing to the Publisher shall become immediately due and payable.

23) Advertising Agency commission is granted to recognised Agencies in anticipation of their due observance of these conditions, particularly in regard to payments of accounts. The Publisher reserves the right to withdraw this commission from Agencies whose accounts remain persistently overdue, and to reinvoice commissions shown which remain unpaid after their due date.

24) The Publisher reserves the right to decline or withdraw requests for newspaper supplies.

25) The Publisher shall not be liable for any consequential loss or damage occasioned by an omission or inaccuracy in the supply of any newspapers.

26) The placing of an order for the insertion of an advertisement shall be deemed to be an acceptance of these conditions and the Advertiser shall be deemed to have read and fully understood all such conditions and any other conditions stipulated or referred to on any Advertisers order form or elsewhere by any Agency or Advertiser shall be deemed not to be incorporated in any contract with publisher so far as such conditions are in conflict with these conditions and any conditions which are so in conflict will only be incorporated into an agreement if specifically referred to and confirmed by the Publisher in writing.