ADVERTISING
Terms and Conditions
BY USING THE CHESTERFIELD POST WEBSITE YOU AGREE TO THESE TERMS AND CONDITIONS.
1. Liability. The Chesterfield Post [hereafter "The Post"] accepts no liability in respect of the content of any third party material appearing on the Website or linked websites. The Post makes no warranty in respect of the contents of this Website and accepts no liability for any loss or damage whatsoever and however arising whether directly or indirectly as a result of access to and use of this Website including, without limitation acting or failing to act in reliance on any information contained herein.
2. Force Majeure. The Post does not warrant that any functions contained in the Website content will be uninterrupted or error free, that defects will be corrected, or that the Post or the server(s) where the website's hosted are free of viruses or bugs.
COPYRIGHT NOTICE AND LICENCE
1. Ownership. Except in the case of the Forums and any other content you create, the copyright in the Website and its contents belongs to The Post, or has been included with the consent of other copyright owners. Reproduction in any form, printing or downloading of part or all of the contents is prohibited unless stated in that content or agreed in writing with The Post.
2. Licence to copy for personal use: You may print copies of any item in hard copy provided that you do not edit alter amend or delete any part of it or combine it with other material. You may recopy the material to individual third parties for their personal information only if you acknowledge this Website as the source of the information by including such acknowledgement and the address of The Post in the copy of the material AND you inform the third party that the material may not be copied or reproduced in any way. You may not supply the material to any third party for commercial gain.
3. No Transmission. No part of the Website or the contents thereof may be reproduced on or transmitted to or stored in any other web site or other form of electronic retrieval system.
SUBMITTING CONTENT
1. Ownership. If you submit content to The Post (including without limitation any text, photograph, graphics, video or audio), you grant The Post a licence to use, reproduce, modify, adapt, publish, create derivative works from, distribute and display in public that content in any form and media on or in connection with the Site, at no cost to us and for as long as we require and you warrant that you own or have rights to the intellectual property in such content and have the right to grant this licence. You waive any moral rights in your contribution. You will indemnify us and keep us indemnified from and against all costs, claims, damages and expenses made against or incurred by us as a result of a third party alleging that the use of such content by us infringes the intellectual property rights of a third party.
2. Submissions. When submitting content, you agree not to do any of the following:
- defame, abuse, harass, stalk, threaten or otherwise violate or infringe the rights of any person or entity (including, but not limited to, rights of intellectual property, confidentiality, or rights of privacy);
- upload or transmit any material which is unlawful, indecent, defamatory, hateful or racially, ethnically or otherwise offensive or objectionable, politically sensitive or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
- upload or transmit files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
- upload or transmit any materials that infringe any patent, trademark, copyright or other proprietary rights of any third party;
- upload or transmit material that you do not have a right to make available under any law or contractual or fiduciary relationship (such as confidential information);
- upload or transmit any computer viruses, macro viruses, trojan horses, worms, corrupted files or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
- use the system of uploading or transmitting content (or any part thereof) in a way that may cause the system (or the servers or networks connected to the system) to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the system is in any way impaired;
- where you are not the author of any material you are uploading or transmitting, delete any author attributions, legal notices or proprietary designations or within the material.
3. Viruses. If you knowingly send or infect the Website with a virus, Trojan horse, worm etc, The Post retains the right at its sole discretion to pursue you for all legal fees (including its own and those of any third party), damages and other expenses that may be incurred by it as a result of your actions.
TERMS AND CONDITIONS OF ACCEPTANCE OF ADVERTISEMENTS
- "the Advertiser" means any person or company placing with The Post, an order for the publication of an advertisement on the website.
Orders for insertion of advertisements in The Post are accepted subject to the following conditions:
1. Warranty. The placing of an order constitutes a warranty from the advertiser and/or advertising agency to The Post:
- 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 the requirements of current legislation; and
- that the advertisement is not defamatory and does not infringe the copyright moral rights or any other rights of any third party.
2. Links. No hyperlinks or metatags may be included in any advertisements save with the express prior permission of The Post.
3. Indemnity. The Advertiser and/or advertising agency agrees to indemnify The Post in respect of all costs, claims, damages, or other charges arising directly or indirectly as a result of the publication of the advertisement(s).
4. No Guarantee. While every endeavour will be made to meet the wishes of advertisers, The Post does not guarantee the publication of any particular advertisement or its publication on any particular date or in a particular part or edition of the Website or to be inserted under a particular Section.
5. Errors. It is the responsibility of the Advertiser/advertising agency to check the first appearance of any series of advertisements and notify The Post immediately of any errors. The Post assumes no responsibility for the correction of errors unless notified by the advertiser. In the event of any error, misprint or omission in the Website of an advertisement or part of an advertisement (however caused) the Post will either re-place the advertisement or relevant part of the advertisement as the case may be or make a reasonable refund of or adjustment to the cost. No re-publication, refund or adjustment will be made where the error, misprint or omission does not materially detract from the advertisement.
6. Limitation on Liability. In no circumstances shall the total liability of The Post for any error, misprint or omission exceed
- the amount of a full refund of any price paid to the Post for the advertisement in connection with which liability arose; or
- the cost of a further or corrective advertisement of a type and standard reasonably comparable to that in connection with which liability arose.
7. Save as set out above, The Post accepts no liability in respect of any loss or damage occasioned directly or indirectly as a result of publication of any advertisement or any loss or damage occasioned directly or indirectly by any total or partial failure (however caused) of the website in which any advertisement is scheduled to appear.
8. Refusals and Amendments. The Post reserves the right to:
- Refuse any advertisement or if already accepted to cancel the order at any time, 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 and the usual price for the series of insertions which has appeared when the order is stopped; and
- require any alteration it considers necessary or desirable in any advertisement.
9. Cancellation. An advertising agency may cancel any unexpired part of an order without penalty in the event of the death or failure of its client. Orders cannot be cancelled once the Post has commenced to carry out the order in accordance with the first publication date requested by the advertiser. In other cases the Post will require seven clear working days notice of cancellation of any order or unexpired part of an order, or in the case of an advertisement which by reason of its position is chargeable at a premium rate, not less than fourteen clear working days notice. All cancellations must be notified in writing, Email notification of cancellation is acceptable.
10. Copyright. The copyright for all purposes in all artwork, copy, video, audio and other material which The Post has originated, contributed to or reworked shall vest in The Post. The Advertiser authorises The Post to record, reproduce, publish and broadcast (or to permit the same) all advertisements (including, but not limited to text, artwork, video and photographs) and to include and make them available electronic or otherwise.
11. Consents. The placing of an order by an Advertiser, or an advertising agency on behalf of a client, constitutes an assurance that all necessary authority and consents have been secured in respect of the use in the advertisement(s) (a) of pictorial or any other representations of (or purporting to be of) living persons, and of references to any words attributed to living persons and (b) any material the copyright in which vests in a third party.
12. Risk. Any material submitted by the Advertiser is held by The Post at the Advertiser's risk and should be insured by the Advertiser against loss or damage from whatever cause. The Post reserves the right to destroy without notice all such property after the date of its last appearance in an advertisement unless the advertiser has given instructions to the contrary.
13. Rates. The rates charged for the transmission of any advertisement shall be those set out in The Post's rate card in force at the time the order is placed. The rate card is subject to change at any time. Copies are available on request. It is the responsibility of the Advertiser to bring to The Post's attention at the time of booking any discount or allowance to which entitlement is claimed.
14. Time of Payment. Pre-payment is required for all new advertising. Accounts may be applied for after 5 (five) ads have been pre-paid and placed with The Post. Where pre-payment is no longer required, subject to completion and approval of a Credit Application Form, payment shall be made for each advertisement within fourteen days of the date of the invoice, except that payment of advertisements charged to an approved credit account shall be made no later than:
- that specified to the Advertiser when credit terms are granted; or
- the 30th day of the month following the month in which the invoice was dated.
Should the Advertiser be in breach of these terms, or of any contract with The Post, then the full amount in respect of all advertising published and all other amounts accruing from the Advertiser shall become due and payable. The Post reserves the right to withdraw credit facilities from any Advertiser at The Post's discretion subject to giving the Advertiser seven days written notice thereof, if practicable, or forthwith upon the issue of any Court proceedings against the Advertiser. All payments must be accompanied by the remittance advice issued by the Post or a similar document approved by the company. Any query in respect of an invoice must be brought to the attention of the Post in writing within seven days of its issue.
15. Late Payments The Post shall be entitled to charge statutory interest pursuant to the Late payment of Commercial Debts (Interest) Act 1998 (as amended 2002)/ The late payment of Commercial Debts (Rate of Interest)(Scotland) Order 2002 on all sums due at a current rate of 8% above the Bank of England base rate for the time being until payment is received.
Compensation for reasonable debt recovery costs arising from late payment will also apply at the following rate:
Debt up to £999.99 - £40
Debt £1000 to £9,999.99 - £70
Debt £10,000 plus - £100
The Post shall be entitled to add to any sums due any reasonable costs and expenses (including administrative costs) incurred by the Post in obtaining. The Post shall be entitled to an administration charge from the Advertiser of £25.00 in respect of any cheque tendered which is not met upon presentation (and to vary this charge at any time without notice). The Post reserves the right to exercise a lien over any documents or other property of the Advertiser in its possession if the Post's charges are not paid in accordance with these terms and the Post's rate card from time to time.
16. Data Protection. The Post will hold personal information obtained in dealings with customers and process it in accordance with the Post's Data Protection Notice. A primary use of Advertiser personal information is for the marketing purposes of the Post and its associated business partners. If an Advertiser does not wish for their personal information to be used for this purpose, it is the Advertiser's responsibility to indicate this at the time of booking the advertisement. Any subsequent request to remove consent for personal information to be used for marketing purposes should be submitted in writing.
17. Disclosure of Identity. The Post reserves the right to disclose the name and address and any other account details of advertisers and/or agencies to the police, trading standards officials, or any other relevant authority and, where The Post in its sole discretion deems it reasonable, to other third parties.
18. Acceptance. 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 agency's or advertiser's order form or elsewhere by an agency or an advertiser shall be void insofar as they are in conflict with them.
19. Media Buyer Discounts. Agencies receive a 10% discount on bookings above the value of £200, 15% discount on bookings above the value of £600 and 20% discount on bookings above the value of £1,200, subject to agreement prior to booking and based on payment on booking. 30 day accounts can be set up after 5 separate bookings and full payment transactions are undertaken successfully (see Para 14 above).
