TRADING TERMS AND CONDITIONS – EAT SLEEP LIVE HEREFORDSHIRE
Please note that these terms hold different regulations for Advertising and Membership.
Advertising copy shall be legal, decent, trustful and honest; shall comply with the current British code of advertising Practice and all other codes of the Advertising Standards Authority.
Submission of an advertisement is deemed to imply that the copy complies with the above codes and requirements of the Trade Descriptions act 1968, the Sex Discrimination Act 1975 and the Business Disclosure Order or Regulations made relating to, or affecting, the publication of advertisements. The advertiser will indemnify the Publisher in respect of any claim or liability resulting from a breach of these Acts, or any costs of legal action or damage taken against the Publisher arising from advertisements published in accordance to copy instructions supplied by the Advertiser.
The placing of an order by an advertiser or advertising agency, constitutes an assurance that all necessary authorities and permissions have been secured in respect of all advertisement content including representations of living persons through words or pictures.
Prepayment must be received from all advertisers by the date specified on the order form for each advertisement until further notice. Discount reductions will be retracted if pre-payment is not made within the time agreed. Alterations to this agreement can only be made by the Publisher and in writing from the outset. Any invoice outstanding will be liable to a surcharge of 5% plus VAT, per 14 days outstanding, to cover administration costs incurred. This surcharge and all other charges and legal fees incurred as a result of recovery processes will be the responsibility of the customer and will be legally enforceable.
The Publisher reserves the copyright to any graphic image, artwork, copy and other material which the Publisher or its employees have contributed to or reworked, that have been published in any of its publications. Photographic or other reproduction of such an image is expressly forbidden. Breach of these regulations may result in a charge or legal action.
The Publishers reserve the right to decide the correct classification for any advertisement. Special requests as to position of advertisements will not be accepted without prior and separate agreement with the Publisher.
Prices are subject to variation and the Publisher will endeavour to inform the Advertiser of any changes 6 weeks prior to publication, however they reserve the absolute right to increase prices between acceptance of the order and publication.
The acceptance of an order does not confer the right to renew on the same terms and rates previously quoted, rates are subject to revision.
Printed media Advertisement proofs
Content must be provided by the copy deadline or a proof cannot be guaranteed. Proofs are supplied either by email or in hard copy. It is the responsibility of the Advertiser to check for errors and communicate amendments by the deadlines stated. A charge of £25+vat may be levied to redesign or reset proofed advertisements. Colour variations may appear during the print press process and proofs should be viewed as guides only. The Publisher does not accept liability for these variations and is not obligated to compensate for such differences.
Quality of reproduction
The Publisher will make every effort to reproduce and print advertisements to as high a quality as possible and is largely dependant on the quality of material provided, but can give no guarantee to the quality what so ever. Liability is not accepted by the Publisher for loss or damage of artwork. Supplied material will be returned if requested where possible, though no guarantee can be given to its condition regarding quality or damage.
The Publisher will not accept liability for errors, misprints or omissions within advertisements that have been previously approved or supplied by the Advertiser or Advertising Agency.
In the event of any error, misprint or omission in a published advertisement that has been composed by the Publisher, where it has not been approved by the Advertiser, the Publisher will either reinsert the advertisement or relevant part thereof, or make a reasonable refund adjustment to the cost. No re-insertion, refund or cost adjustment will be made where error does not materially detract from the advertisement, of which the Publisher shall be the sole arbiter. It is hereby expressly agreed that the Publishers maximum liability for error in respect of advertisement error shall not exceed either the amount of a full refund for the cost of the relevant advertisement or the cost of a comparable corrective advertisement. Corrective advertisements will only be made up with the agreement of the Advertiser or advertising agency.
Complaints by the Advertiser or Advertising Agency regarding errors to published advertisements, must be made within 14 days of publication of that advertisement.
For Membership or printed Advertising, whether a payment has or has not been made, the Publisher/ESL requires written notice of any cancellation, in respect of any order or unexpired part of an order, within 14 days of the date of the order. All cancellations must be made in writing. For cancellations made beyond 14 days, the Publisher/ESL reserves the right to charge the Client or Agent up to 100% of the order value. For series bookings cancelled, the Publisher/ESL will redeem any volume discounts applied to previously published advertisements from that package booking in accordance with the rate card. Where conent has already been provided by the client for a printed advertisment, 100% of the charge for that space with be liable by the client. Any agreement to refund any part of payments made by the Client will incurr a £25 administration charge + vat.
Additional Terms for Advertising Agencies and supply of complete artwork
All bookings must be accompanied by the Agency’s official order form and the Publisher’s official order form must also be completed and returned.
Complete artwork must be accompanied by a full colour hard copy proof to the Publisher prior to copy deadline.
Membership will continue for 12 calendar months from the date of payment. Every endeavour is made by the Company (ESL) to deliver the full range of Membership benefits where they relevent to the Client, however, the Company is not obliged to provide specific services to individual Members. It is the Member’s responsibility to ensure that all information about their business is correct and current at all times on the Company’s promotional portals.
Members with their own website are required to display a live reciprocal link to the ESL homepage.
Member’s website links from their ESL website listing will not be made live until this is active.
Member/Advertiser = the Client
The Publisher/Company/ESL = Eat Sleep Live Herefordshire