CONDITIONS OF ACCEPTANCE OF ADVERTISEMENTS*
Orders for insertion of advertisements in Postal Advertisers Ltd (The Publishers) titles are accepted subject to the following conditions:
1 By placing the order the Advertiser (the person or company ordering the advert) warrants that the advertisement is legal, decent, honest and truthful complying with the British Codes of Advertising and Sales Promotion, with any relevant codes of practice and with all requirements of current legislation and that it contains nothing that is defamatory or that constitutes an infringement of the proprietary or other rights of any third party.
2 The Advertiser agrees to indemnify the Publisher in respect of all costs, damages or other charges falling upon any Multi Advert magazine in the Postal Advertiser series as the result of legal actions or threatened legal actions arising from the publication of the advertisement.
3 While every endeavor will be made to meet the wishes of the Advertiser, the Publisher does not guarantee the insertion of any particular advertisement either on any specified date or dates or at all.
4 All advertisements must be accompanied by the name and address of the Advertiser for record purposes and the Publisher may require evidence to establish the Advertiser's bona fides and to substantiate any claims made in the advertisement.
5 (i) In the event of any error, misprint or omission in the printing of an advertisement or part of an advertisement the Publisher will at the Publisher's election either re-insert the advertisement or part of an advertisement as the case may be or make a reasonable refund 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 advertisement.
(ii) In no circumstances shall the total liability of the Publisher for any error, misprint or omission exceed (a) the amount of a full refund of any price paid to the Publisher for the advertisement in connection with which liability arose or (b) the cost of a further or corrective advertisement of a type and standard reasonably comparable to that in connection with which liability arose.
(iii) The Publisher shall not be liable for any loss or damage occasioned by any total or partial failure (however caused) of publication or distribution of any Multi Advert magazine in the Postal Advertiser series in which any advertisement is scheduled to appear.
THE PUBLISHER RESERVES THE RIGHT TO:
6(i) Cancel the order at any time by giving reasonable notice before the next insertion, but in that event the Advertiser shall not be liable for payment of the difference (if any) between the rates for the series specified in the order and the usual price for the series of insertions which has appeared when the order is stopped;
(ii) Make any alteration it considers necessary or desirable in an advertisement and to require artwork or copy to be amended to meet its approval.
(iii) Limit the 1/4 and 1/2 page adverts on the front cover; these cannot be booked for consecutive months.
(iv) Should the rate for advertisements be altered, the cost of remaining insertions shall be revised accordingly or the Publisher has The option of canceling the unexpired portion of the order.
7 The Advertiser's artwork, film and all other property is held at the Advertiser's risk and should be insured by him 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 six months from the date of its last appearance unless the Advertiser has given instructions to the contrary and has obtained the Publisher's written acknowledgement that the Publisher has received such instructions.
8 The Publisher reserves the right to disclose the name and address of Advertisers and/or agencies to the police, trading standards officials, or any other relevant authority and, where the Publisher in its sole discretion deems it reasonable, to other third parties.
SETTLEMENT OF ACCOUNTS:
9(a) Regular Advertisers holding an account number - all invoices must be paid within 30 days from the date of the invoice. Failure to comply with this request may result in credit facilities being withdrawn and advertising stopped. Any discounts negotiated are subject to payment within our monthly account terms.
(b) The existence of a query on any individual invoice will not affect the due payment for the balance of the account.
10(i) The copyright for all purposes in all artwork, copy and other material, which the publisher or its employees have originated, contributed to or reworked shall vest in the Publisher.
(ii) The Publisher is hereby authorised to record, reproduce, publish, distribute and broadcast (or to permit the same) all advertisement (including but not limited
to text, artwork and photographs) and to include and make them available in any information service, electronic or otherwise.
11 The placing of an order by an Advertiser constitutes an assurance that all necessary authority and permission has been secured in respect of the use in the advertisement(s) of pictorial representations of (or purporting to be of) living persons, and of references to the words attributed to living persons,
12 Advertisement orders issued by an advertising agency, as a principal must be on the agency's official form. When copy instructions not constituting an official order are issued, they shall be clearly marked 'Copy instructions - not an order'.
13 Mail Order and One Day sales advertisements are accepted at the sole discretion of the Advertisement Manager or his/her deputies. The Publisher reserves the right to refuse to publish any such advertisement containing copy, which we find not acceptable and will not be responsible for any costs, incurred by the Advertiser.
SEX DISCRIMINATION ACT:
14 No advertisement which indicates or can reasonably be understood as indicating an intention to discriminate on the grounds of sex (e.g. by inviting invitations from only male or only females) may be accepted unless exempted from the requirements of the Sex Discrimination Act. A statement must be made at the time the advertisement is placed; saying which of the exceptions in the Act is considered to apply.
RACE RELATIONS ACT:
15 The Publisher reserves the right not to accept recruitment advertisements which request a photograph or hints of discrimination on racial grounds in support of an application.
TRADE DESCRIPTIONS ACT
16 All advertisements will be accepted only on the express condition that the Advertiser warrants that the advertisement does not in any way contravene the provisions of the Trade Descriptions Act 1968.
17 Business Opportunities Advertisements are accepted at the sole discretion of the Advertisement Manager or his/her deputies. Readers are recommended to take professional advice before entering into any obligations.
18 Dating Agencies and advertisements for companions are accepted at the sole discretion of the Advertisement Manager or his/her deputies. Readers are requested to consider very carefully and make full enquiries before giving any personal details.
* The placing of an order for the insertion of an advertisement shall amount to an acceptance of the above conditions and any conditions stipulated on an Advertiser's order form or elsewhere shall be void insofar as they are in conflict with them.