Terms and Conditions2019-02-01T15:10:04+00:00

Terms & Conditions for advertising with Direct Local Magazines
Direct Local Magazine is a trading name of Direct Publishing 7 Hopewell Gardens, Bristol, BS11 0JS
Acceptance
1. The advertisement is accepted on the understanding that the relationship between the Advertiser and Direct Local (the Publisher) is governed by the conditions set out below. Unless specifically approved in
writing by the Publisher, the conditions stipulated on an Advertiser’s order form or anywhere else shall be void.
Conditions which are contained in order forms other than those of the Publisher and which do not conform to, or are in addition to the Publisher’s conditions, will not be recognised as binding. Special conditions will
be subject to express written agreement by the Publisher.
2. For the purpose of these conditions, “Advertiser” shall refer to the contractual principal that is the party responsible for payment of charges arising from the publication of the advertisement.
Where appropriate, “advertisement” includes; a printed advertisement, a loose or bound-in insert, advertorials and any other promotion within the Publishers portfolio.
Rates & Payment
3. Advertisement rates are subject to revision at any time and individual orders are accepted on condition that the price binds the Publisher only in respect of the next issue to go to press.
Advertisement rates are exclusive of value added tax, which will be added at the prevailing rate(s) when the advertisement is invoiced unless the rate is specifically stated to be inclusive of taxes.
In the case of any advertisement placed by an advertising agency, the advertiser and the said agency shall be a party to the contract in respect of the insertion of such advertisement and shall be severally liable to
the publisher in respect of all matters arising under the contract. The said advertising agency shall be responsible for making the advertisers aware of such liability and shall be deemed in all circumstances to be the
agent of the advertiser.
4. The advertiser must pay all invoices within 14 days of the month of publication that the advertisement appears in. The publisher reserves the right (without prejudice to the publisher’s other rights
and remedies) to charge interest on the past due uncontested amounts at an annual rate of 5% above the base rate of Bank of England for the time being in force.
5. After fourteen days of a failed payment, if payment is not made, the publisher reserves the right to pass the debt onto their debt collection agents – Daniels Silvermans. The reasonable costs
incurred in employing the third party company will be borne by the Advertiser, including costs in tracing the Advertiser should they have changed address without telling us.
Publisher
5. The Publisher reserves the right to refuse any information submitted for publication, and in this respect the Publisher’s decision is final. All information is accepted subject to the Publisher’s approval of the copy
and to the space being available.
6. The Publisher reserves the right to amend any copy where necessary.
If the Publisher considers it necessary to modify the space or alter the date or position of insertion, the Advertiser will have the right to cancel if such arrangements are unacceptable, unless such changes are due to
an emergency or circumstances beyond the Publisher’s control.
7. The Publisher cannot stop orders, cancellation or transfers unless they are received in writing by 15th of the month prior to the publication date. In the event of a late booking within 14 days of copy deadline the
advertiser will have 48 hours to cancel the booking. If cancellations are not sent and received and artwork or instructions for artwork are not furnished within the 14 days they will be considered null and void and full
payment will still be required.
8. The Publisher cannot accept liability for any errors due to inaccurate copy instructions. Charges will be made to the Advertiser where the printers are involved in extra production work owing to acts or defaults of
the Advertiser or its agents. These charges will be in accordance with publicised rates current at that date.
9. If written copy instructions are not received by the agreed copy date, no guarantee can be given that proofs will be supplied or corrections made and the Publisher reserves the right to repeat the most appropriate
copy. If proofs are not signed off by this date or within 24 hours of being furnished to the Advertiser of later than this date then the Publisher will not be held responsible and reserves the right to substitute the
Advertisers last suitable ad or any ad deemed suitable by the Publisher and all charges for the space will remain payable as per the Publishers normal terms of trading.
10. Where the Publisher provides a Reader Enquiry Service for the benefit of its readers, it shall not be contractually bound to pass such enquiries to the Client/Advertiser or any other person.
11. The Publisher cannot accept responsibility for changes in dates of insertion and copy unless these are confirmed in writing and received by the Publisher in time for the changes to be made. The Publisher
reserves the right to charge for any additional expenses involved in effecting such changes.
Advertisers
12. The Advertiser warrants that no Work:
(i) shall infringe or prejudice the rights of any third party (including without prejudice to the generality of the foregoing, intellectual property rights);
(ii) shall be defamatory of any third party;
(iii) shall constitute unfair competition or any like tort or civil wrong;
(iv) shall infringe any laws, regulations and voluntary codes of conduct within the countries within which the Work is to be used;
(v) shall infringe the British Code of Advertising Practice
(vi) and that all proofs will be signed off in good time and relevant information to construct an ad will be provided in a timely fashion. Failure to do so will not be held as the fault of the Publisher.
13. The Advertiser further undertakes to indemnify and to keep indemnified Direct Local against any costs, claims and expenses which result directly or indirectly from any breach of any of the above warranties.
Errors
14. In the event of any error, misprint or omission in the printing of the Advertisement, except where attributable to a default by the Advertiser or its agents or where covered by Clause 6 above, the Publisher will
make an 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. 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 the liability arose, or
(b) The cost of a further or corrective advertisement of a similar type and standard to the advertisement in connection with which the liability arose.
Any complaint concerning the reproduction of an advertisement must be received in writing by the Advertiser within 28 Days of the publication date.
GENERAL
15. Advertisement copy must be supplied by the Advertiser or its agent in accordance with the mechanical data agreed with the Publisher.
16. Copy matter must conform to the Publisher’s requirements and charges may be made if the Publisher is involved in any additional work. Thus the cost of making duplicate films, plates or any necessary
reprographic or origination work on material which is not supplied in strict accordance with copy requirements, will be charged to the Advertiser.
17. If it is intended to include a competition or a special offer within an advertisement, full details should be submitted at the time of booking. Competitions and promotions must comply with the British Code of Sales
Promotion Practice.
18. The Advertiser’s property and artwork etc. are held at its own risk and should be insured by the Advertiser against loss or damage from whatever cause. The Publisher reserves the right to destroy all artwork
which has been in its custody for twelve months from the date of its last appearance.
19. Notwithstanding anything in the above which may provide to the contrary, neither the Publisher nor the Advertiser shall be liable to one another for any loss or damage, consequential or otherwise, caused by or
arising out of any Act of Parliament, Order in Council, Act of State, strike of employees, lock-out, trade dispute, enemy action, rioting, civil commotion, fire, force majeure, Act of God or other similar contingency
beyond the control of either party.
20. The Publisher does not warrant the date or dates of insertion of the Advertisement(s) and does not warrant that the Advertisement(s) will not be displayed after the end date specified. However,
the Publisher will use reasonable efforts to comply with the Advertiser’s wishes in these regards with a monthly deadline email of which the advertiser must confirm in writing cancelation or
advertisement(s) or it will continue at a further 5% discount until we receive cancellation in writing
21. These conditions and all other express terms of the contract shall be governed and construed in accordance with the Laws of England.
22. By placing an order to advertise with Direct Local Magazines , whether orally, verbally (including written) or electronically, the Advertiser agrees fully to these terms and conditions.
TERMS & CONDITIONS ATTACHING TO ONLINE ADVERTISING
1. In these Conditions attaching to Online Advertising Contracts (‘these Conditions’):
‘Publisher’ means Direct Local and ‘Advertiser’ means the person booking the advertising space including Advertising Agents and Independent Media Buyers. Advertising Agents and Independent Media Buyers
shall for the purpose of these Conditions act as principals on their own behalf for all purposes connected herewith. ‘Rate Card’ means the Publisher’s current scale of charges for advertisements, a current copy of
which may be obtained from the Publisher. ‘Contract’ means a legally binding booking accepted by the Publisher in accordance with Clause 2 for publication of an Advertisement. ‘Copy’ means all material provided
by an Advertiser with the intention that such material should appear on the Publisher’s online property. ‘Advertisement’ means advertising messages to be displayed on a website, email or otherwise. ‘Cancellation’
of a Contract means cancellation of either all or part of the remaining unperformed part of the Contract unless the context of the relevant condition makes it clear that cancellation of only a specific insertion(s) is
referred to.
2. The issue of a Rate Card does not constitute an offer by the Publisher to contract. A Contract is made only by the Publisher’s acceptance of the Advertiser’s order as affected by the Publisher issuing and
receiving a signed insertion order.
3. All Contracts are subject to these Conditions and no variation or addition thereto shall be effective unless specifically agreed to in writing by the Publisher. Any other terms or conditions sought to be imposed by
the Advertiser are expressly excluded.
4. Advertisement rates are subject to revision at any time and the price prevailing at the time the Contract is made binds the Publisher only in respect of the agreed booking as confirmed by the insertion order.
5. All orders are accepted subject to acceptance of Copy by the Publisher, as indicated in Clause 8, and if it is intended to include in an Advertisement a competition or a special offer of merchandise, other than that
normally associated with the advertised product, full details of such competitions or special offers must be submitted by the Advertiser in writing at the time the order is negotiated.
6. It is the Advertiser’s responsibility to check the correctness of the Advertisement. The Advertiser warrants that any Advertisement submitted by it for publication shall comply with all applicable laws, legislation,
regulations, codes of practice and is not an infringement of any other party’s rights. The Advertiser hereby grants a world-wide non-exclusive, fully paid license to reproduce and display the Advertisement (including
all contents, trademarks and brand features contained therein). The Advertiser will indemnify the Publisher fully for all costs, expenses, damages or liability whatsoever (including legal costs and awards ordered
against the Publisher) in respect of any claim made against the Publisher arising from the Advertisement or its publication or as a result of any breach or non-performance of any of the representations, warranties or
other terms contained herein or implied by law.
7. The Advertiser grants to the Publisher the express right to reproduce throughout the world screen shots of all or part of any Publisher’s property containing all or part of any of the advertising materials supplied by
the Advertiser to the Publisher on or in any promotional or advertising material or campaign promoting or advertising the Publisher.
8. The Publisher reserves the right in its absolute discretion to cancel any Contract or to omit or suspend an Advertisement (for example if it is libellous, unlawful, defamatory,
pornographic, socially unacceptable, insensitive or otherwise contrary to editorial policy). Should cancellation, omission or suspension be due to the act or default of the Advertiser or his servants or agents including
the unsuitability of the Advertisement as indicated above, then the Advertiser shall pay for the space reserved for the Advertisement in full not withstanding that the Advertisement has not appeared. Such
cancellation, omission or suspension shall be notified to the Advertiser as soon as reasonably possible.
9. All contents of Advertisements are subject to the Publisher’s approval. The Publisher does not undertake to review the contents of any Advertisements and any such review of and/or approval by the Publisher will
not be deemed to constitute an acceptance by the Publisher that such Advertisement is provided in accordance with these Advertising Terms and Conditions nor will it constitute a waiver of the Publisher’s rights
hereunder. The Publisher reserves the right at any time in its absolute discretion to:
9.1 Reject or cancel any Advertisement, Order, URL link, space reservation or position commitment; or
9.2 Remove any Advertisement from any of the Publisher’s properties or any page.
10. Except as otherwise expressly provided, positioning of Advertisements within the Publisher’s properties or on any page is at the sole discretion of the Publisher, and the Publisher will not be prohibited from also
carrying Advertisements for any product or business competitive to the product or business of the Advertiser.
11. The Publisher does not warrant the date or dates of insertion of the Advertisement(s) and does not warrant that the Advertisement(s) will not be displayed after the end date specified. However,
the Publisher will use reasonable efforts to comply with the Advertiser’s wishes in these regards with a monthly deadline email of which the advertiser must confirm in writing cancelation or
advertisement(s) or it will continue at a further 5% discount until we receive cancellation in writing.
12. The Publisher will exercise reasonable care and skill in the handling and publishing of the Advertisement but where the Advertisement is not published in the manner specified in the Contract (including failure to
deliver the number of impressions provided in the Contract),whether through any failure (technical or otherwise) or negligent act or omission on the part of the Publisher or any third party, the Publisher’s liability will
be limited (at the option of the Publisher) to either: (a) publishing the Advertisement (or a replacement Advertisement if provided by the Advertiser) as soon as is reasonably practicable in the period following the
period during which the Advertisement was scheduled to run and for such time as is necessary to generate a number of substitute impressions equal to the shortfall, or (b) refund to the Advertiser that proportion of
the amounts paid which relate to those Advertisements and/or impressions which were not provided or, if the relevant amounts were not paid by the Advertiser, agree that such amounts will not be due or payable.
The Publisher shall not be liable for any indirect, special or consequential loss or damage arising from any failure to publish an Advertisement as agreed with the Advertiser, including, but without limitation, any late
or incorrect publication, any non-publication or inaccurate reproduction of the Advertisement, whether caused by the Publisher’s error or negligence or by any reason whatsoever. The Publisher shall not be liable
whatsoever in respect of any error or omission in respect of publishing the Advertisement which is not notified to the Publisher in writing within one year of the actual publication date of the Advertisement.
13. The Advertiser may cancel any Contract 28 days prior to the agreed date of publication of the Advertisement. Full payment for the remainder of the series will become due at that point. Cancellation will be
effective when written notice is received by the Publisher. The Publisher may cancel any Contract five working days prior to the agreed date of publication of the Advertisement.
14. If the Advertiser cancels any Contract in accordance with Clause 13, he relinquishes any right to that series discount (if any) to which he was previously entitled and Advertisements will be paid for at the
appropriate rate. A new invoice will be issued for any surcharges relating to Advertisements that have already been invoiced at the discounted rate. The payment date for any previous invoices remains unaffected.
15. Copy must be supplied by the Advertiser to the Publisher by the last day for receiving Copy as stated by the Publisher, failing this the Publisher cannot guarantee that proofs will be supplied or corrections made.
Copy must be supplied to the Advertiser in the following terms;
a) All Gif or 3rd party served creative’s must be sent 7 working days prior to planned date of publication.
b) Rich media creative’s must be sent 10 working days prior to planned date of publication.
c) Advertisers’ content (including but not limited to logos and trade marks) for inclusion in creatives to be produced by the Publisher must be sent 2 weeks prior to planned date of
publication.
d) Advertisers’ content (including but not limited to logos and trade marks) for inclusion in content pages must be sent 10 working days prior to planned date of publication. For content pages and Publisherproduced creatives, the Publisher offers a maximum of two changes between receipt of the insertion order and publication. Any further changes will be charged additionally.
e) All ad creative/tags must be received by midday on the last working day prior to planned date of publication. Any Advertisements received after this time will have impressions deducted on a daily basis from the
booked total for each day the Advertisement is late. A day is measured from midday one day to midday the next. E.g. if an Advertisement is received at 1pm on the planned publication date, 2 days’ penalty is
measured.
Any Insertion Orders signed off that need to have start and/or end dates amended, will have up to (5 working days) prior to the campaign start date to do so. When a campaign has started, the end date may not be
moved forward unless agreed to by the Publisher. If Copy instructions are not received by the last day for receiving Copy the Publisher reserves the right in its absolute discretion to repeat Advertiser’s existing Copy
in its possession where appropriate or where the Publisher does not hold any Copy to omit the Advertisement and to charge for the space reserved in accordance with Clause 8. For all Copy supplied, the Advertiser
must adhere to the specification issued by the Publisher. In the event that the Advertiser’s files do not comply with the specification, the Publisher reserves the right in its absolute discretion to reject the Copy and
the Advertiser will be asked to re-supply. If, due to time or other reasonable constraints, the Publisher has to repair or rectify the file, the Publisher may (at its sole discretion) notify the Advertiser and shall not be
liable for any inaccurate reproduction of the Advertisement or any resulting costs whether direct or indirect.
16. Advertiser’s property, originals, artwork, type, mechanicals, positives etc are held by the Publisher at the owner’s risk and should be insured by the Advertiser against loss or damage from whatever cause. After
performance of the Contract relating to such materials, then Advertiser shall be responsible for collecting all such materials which it requires from the Publisher’s premises, failing which, the Publisher reserves the
right to destroy all artwork which has been in its possession for more than six months and no liability shall be attached to the Publisher in respect of such destruction.
17. Advertisements will be published to the representation as provided by file (or other accepted medium) by the Advertiser and the Publisher shall not be liable for any lack of clarity or other error in representation
that results from the representation of the Advertisement as it was provided by the Advertiser. Reasonable standard charges will be made to the Advertiser where production work of any kind is required to put the
Advertisements in a form suitable for publication for any reason and at any stage. The Publisher will notify the Advertiser of such charges in writing upon receipt of advertising
Sign here if you agree to the terms and conditions…………………………………………………………….