CONDITIONS FOR ACCEPTANCE OF WEB SITE ADVERTS
At holdthefrontpage.co.uk, users, readers and advertisers come first.
Customer service and accuracy is paramount to us because that is why we are the trusted voice and medium for our users, readers and customers in all of the communities we serve.
To ensure we conform to the standards we aspire to and the standards our customers rightfully demand, the following conditions govern our acceptance of all orders for production of digital imagery in the form of advertisements (which are referred to as “site adverts” in these conditions) for publication on any web site. Placing an order for a site advert is deemed to be an acceptance of these conditions. No order shall be accepted by us other than in writing (which may be by email) and conditions stipulated in an advertiser’s order form, to the extent that they are inconsistent with these terms, shall be void.
1. The advertiser warrants to us that:-
- The reproduction and/or publication of any site advert does not breach any contract or infringe or violate any copyright, trademark, or any other personal or proprietary rights. Where necessary, all appropriate permissions have been obtained for use of any third party material contained in the site advert.
- For investment advertisers, the advertiser is a person authorised to place advertising in accordance with the Financial Services and Markets Act 2000. Alternatively, the contents of the site advert must be approved by an authorised person within the meaning of or otherwise permitted under the 2000 Act or regulations made under it.
- Site adverts comply with the requirements of all relevant legislation and codes of practice governing the advertising industries in force in the United Kingdom at the time of publishing the site advert.
- All site adverts submitted to us are legal, decent, honest and truthful, and not defamatory, menacing or obscene.
- The advertiser will conform to all Internet Protocols and standards from time to time applying to the web site on which the site advert is published. Any breach of this warranty will entitle us to remove a site advert from any web site until an undertaking as to use is given by the advertiser and accepted by us.
2. All digital services are maintained in partnership with our hosting service providers. Every effort is made to ensure the continuity of these services, but some occasional technical downtime beyond our control and/or the control of our hosting service provider may occur. Such downtime may prevent site adverts being viewed on any relevant web site for the duration of the down time. We and our associated companies shall not be liable if the production and publication of site adverts is delayed or prevented by any cause beyond our control and/or that of our hosting provider including for the avoidance of doubt hosting server downtime.
3. Although we take every precaution to ensure all site adverts appear correctly, it is also the responsibility of the advertiser to check site adverts and notify us of any mistake or inaccuracy immediately it appears. However, we will make all reasonable efforts to ensure accuracy at all times.
4. We will only be liable for any error in the first installation of a site advert in a series of site adverts (for example where an advertiser wishes to place the same advert on several web sites).
5. Whilst every effort will be made to meet the wishes of advertisers, we do not guarantee that any particular site advert will appear by any specific date, or that it will appear for any specific period of time.
6. In the event of an error in the production and/or publication of a site advert which materially detracts from it we will where appropriate, reproduce and re-install the site advert or the relevant parts of the site advert to rectify the error. Alternatively, we may at our option make a reasonable refund or an adjustment to the cost of the site advert. Our liability for any error, misprint or omission will not exceed the lesser of the following:-
- the amount of a full refund of the sum paid to us for the site advert or the first of a series of site adverts; or
- the cost of a further or corrected site advert of a type and standard reasonably comparable to the original site advert.
7. The site advert text, graphics and software code may be changed, at the advertiser’s cost, as required by the advertiser providing adequate notice is given to us.
8. We will not be liable for any loss of or damage to images, text, graphics and software code. Advertisers providing such materials are advised to retain adequate copies for their use in the event of such loss.
9. We reserve the right to alter or abbreviate any site advert as we see fit. We reserve the right to refuse to publish any site advert on reasonable grounds, especially in the spirit of good taste and decency, or to comply with any relevant legislation or codes of practice.
10. Our agreement to publish any site advert is conditional upon us seeing the proposed site advert. We reserve the right to refuse part or all of the advertiser’s text, graphics and software code at our sole discretion.
11. If we are required by the Trading Standards, Police or other relevant authority to disclose information relating to any site advert, the advertiser authorises the disclosure of that information. Any such information will be disclosed by us in good faith, and the advertiser acknowledges that he will have no cause of action in respect of any such disclosure.
12. The advertiser acknowledges that neither we nor anyone purporting to act on our behalf has made any offer to supply web site advertising space on the understanding that the advertiser does not acquire or offer to acquire web site advertising space in web sites produced by any other person, or to treat any advertiser more favourably if it does not do so or less favourably if it does so. We aim to treat all advertisers and other publishers fairly.
13. The following terms apply to each installation and/or publication of site adverts for advertisers without approved credit account facilities with us:-
- All advertising must be prepaid unless credit is granted to the advertiser by our agreement in writing subject to these conditions. If credit is granted by us to the advertiser then a 30 day account will be opened and will be payable in full by the 28th day of the month after the month in which the invoice was raised.
- Credit accounts may be available to trade advertisers by our agreement in writing and subject to status. In deciding whether or not to accept applications for credit account facilities, we may make an application to a credit reference agency for information. If we do this a note may be made on the advertiser’s credit file held by that credit reference agency to that effect.
- All site adverts placed on behalf of advertisers who do not have approved credit account facilities will be invoiced at a rate 50% higher than the published advertising rates for account customers. The additional charge is waived if payment is received within 10 days of the invoice date.
14. The following terms apply to each installation and/or publication of site adverts for advertisers with approved credit account facilities with us:-
- Where the advertiser is a recognised agency under the recognition scheme of the Newspaper Society or the Joint Recognition Scheme of the Newspaper Publishers Association Limited and the Newspaper Society, all invoices will be due for payment on the last day of the month after that in which the site advert first appeared.
- In all other cases, invoices are due for payment within 28 days of the date on the invoice.
- The existence of a query on any individual item shall not affect the due date of payment of any invoice or any balance on a credit account.
- In the event that any account owed to us by the advertiser becomes overdue, we may charge interest on the full amount outstanding on a daily basis at the rate of 2 percent per annum above the base rate of National Westminster Bank plc from the date money is due to the date of any summons, and thereafter interest at the same rate up to the date of judgement or the date of payment in full as the case may be.
- We reserve the right to cancel any agreement for approved credit facilities at any time and require payment to be made in advance for all future installations and/or publications of site adverts in our absolute discretion.
- It is our practice to provide an invoice at the commencement of each publishing week in which payment is due from each advertiser to whom credit has been extended. Liability for payment arises from the date of publication of the site advert. All items on the invoice are deemed payable. Any error or omissions must be communicated to us within 7 days from the date of the invoice. If a query communicated to us is not resolved before the time that payment is due, the liability to make payment of other invoices that are due or the balance of the invoice that is under query is unaffected. Payment for the site advert shall be made as aforesaid whether or not the advertiser shall have provided us with an order number at the time the site advert was booked.
15. Prices and specifications are subject to change from time to time by us without prior notice. Where we submit a quotation to the advertiser it shall remain open, for the placing of an order for a site advert at the quotation price, for the period stated therein, or where no period is stated, for the period of 30 days from the date of the quotation. We may require the advertiser to furnish us with a bank guarantee or other collateral security as a condition of acceptance of any order. We may also require evidence of authenticity of any site advert.
16. Any ongoing work on site adverts which is suspended or delayed on the advertiser’s request shall be due to be paid for within 30 days of such request.
17. We reserve the right to require 4 working days notice from the advertiser of cancellation of any order for production, installation and/or publication of a site advert.
18. The advertiser agrees to indemnify us in respect of any and all liabilities, costs, damages or other charges incurred by us (whether direct or consequential) arising from any dispute or action, or threatened claims or action arising from the installation (including without limitation any hypertext links) and/or publication of the site advert copy on any web site, published in accordance with the instructions supplied to us pursuant to or as part of the advertiser’s order.
In consideration of our agreeing to publish any site advert the advertiser confirms that copyright and any other intellectual property rights in the site adverts shall be vested in us and be our sole property and we alone shall have the right to instigate proceedings and to claim damages and all other relief in respect of infringements of such copyright and intellectual property rights.
20. Data Protection
The advertiser agrees to the reasonable processing of any personal data relating to the advertiser within the meaning defined in the Data Protection Act 1998 (“Personal Data”) by us for the purposes of providing web adverting services to the advertiser. In processing Personal Data, we will comply with all relevant legislation, including but not limited to the Data Protection Act 1998.
21. The advertiser acknowledges that:
- we have no control over the Internet which is a global decentralised network of computer systems. Access will not be error free or, uninterrupted and may be very variable; and
- that information, software and other material accessible over the Internet via the web site advert may contain viruses, worms, Trojan horses, cancelbots, or other harmful and destructive components. We are not liable and will not be liable for any direct, indirect, incidental or other loss or damages which result or may result from the advertiser’s access to or use of the Internet.
22. No provision of these terms and conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not party to it, except for the avoidance of doubt by any one or more of Northcliffe Media Limited or any of its subsidiaries from time to time.
23. These terms and conditions shall be interpreted in accordance with and governed by English law.
The terms “we”, “us”, “our” refers to Holdthefrontpage, Northcliffe Media Limited or any of its subsidiaries from time to time which may publish the advert in question.
The term “advertiser” means the person or body (including any Advertising Agency) submitting an order for the production and publication of a site advert with us.
Thank you for using and supporting Holdthefrontpage.co.uk.
HoldtheFrontPage.co.uk Limited is independently-owned and is a member of the Independent Community News Network and the Independent Press Standards Organisation. As an IPSO member we subscribe to the Editor’s Code of Practice.
Our registered office address is:
The Old Foundry,
55 Bath St,
Walsall WS1 3BZ
Registered in England and Wales with company number 03031677
VAT No. 848 9351 77