Terms & Conditions of Acceptance of Advertising

  1. Introduction
    The following terms and conditions (“terms”) together with any insertion order shall form the agreement between us and an advertiser for the placement of an advertisement (“ad”) in The Blackmore Vale (“The Blackmore Vale/we/our”) printed or electronic publications, including newspapers, leaflet inserts, self-service ads, our digital properties (websites, mobile sites and social media pages) and any third party digital platform for which we have the right to sell ads. Each order will be a separate agreement and any change to this agreement must be confirmed by us in writing (which means by exchange of letter or email). The placing of an order for the insertion of an ad shall amount to an acceptance of these terms and any other terms or conditions on an agency’s or advertiser’s order form or elsewhere shall not apply. An “advertiser” means any person or organisation placing or facilitating the placing of an ad on their own account or on behalf of another, including agencies and media buyers, ad networks and ad exchanges and other intermediaries. “Data law” means all applicable data protection and privacy laws, regulations and codes of practice, including the Data Protection Act 2018, the General Data Protection Regulation (EU 2016/679), the Privacy and Electronic Communications (EC Directive) Regulations 2003 and the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011. Words such as “personal data”, “controller” and “processing” shall have the meanings given in data law.  “Ad tech” means data collecting technology such as cookies, pixels, tags, javascript, or other code, including the tags of third party service providers, for the purpose of tracking impressions and related data and/or re-targeting ads. Where the word ‘including’ is used in these terms, it shall not limit the generality of the preceding words. A reference to a statute is reference to it as amended, extended or re-enacted from time to time.
  2. Content
    All ads must comply with our deadlines and our production and quality specifications, as published from time to time. The advertiser also confirms that the ad complies with all applicable legislation, regulations and codes of practice, including laws against discrimination on grounds of age, gender, race or religion, laws of fair trading and credit advertising and the Code of Advertising Practice supervised by the Advertising Standards Authority (“ASA”). We may refuse an ad before acceptance for any reason, or reject, cancel or require changes to an ad or series of ads at any time as to comply with legal, regulatory or moral obligations placed on us or the advertiser; to avoid infringing the rights of a third party; or to meet our technical specifications.
  3. The advertiser further confirms that: i) the publication of the ad (including content supplied by the advertiser, whether text, photos or otherwise) will not breach any contract, infringe the copyright, trademark or other right of any third party and is not libellous of any person; ii) all licences and consents from third parties necessary for the publication of the ad have been obtained and paid for, including licences for third party copyright content and consents from living persons identified in ad content; iii) in respect of an investment ad, the content has been approved by, or the advertiser is, an authorised person within the meaning of the Financial Services and Markets Act 2000 (“FSMA”) as amended or the ad is otherwise permitted under the FSMA; and iv) in respect of an ad offering credit, the content complies with the FSMA and the Consumer Credit Act 1974.
  4. Payment
    No ad will be accepted unless paid for in full at the time of booking or credit has been agreed. The price shall be the amount fixed by our published rate card on the date of acceptance of the order, unless otherwise agreed, plus VAT where applicable. We will not publish an ad for which payment has not been received on time but the advertiser will remain liable. Interest will be charged on late payments pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 at the rate of 8% above the Bank of England’s base lending rate from the date payment is due together with the reasonable administration costs of collecting an overdue debt, plus an administration charge of £30 for any cheque not met upon presentation, or for any unmet direct debit (and this charge may vary at any time without notice).
  5. We will try to give notice of increases, but we reserve the right to change our advertising rates at any time. This will not affect existing contracts, including any fixed term agreement for a series of ads.
  6. For credit customers, we may carry out credit searches with specialist agencies. Our search may be recorded and shown on subsequent searches. We will use the information from these searches to make decisions about credit, prevent fraud or trace debtors. All credit accounts must be paid within 30 days of the invoice date.
  7. Agencies
    By placing an order, a media agency confirms that: i) it contracts as principal with full authority from its client in all matters connected with the order; ii) it is responsible for all payments due; and iii) (without prejudice to ii) above or our rights and remedies under these terms or general law) grants to us the right of subrogation of all and any debts owed to it by its client in relation to the relevant ad order. Rates of agency commission will be the subject of separate written agreement. All agency credit accounts must be paid within 30 days of the invoice date.
  8. Box Numbers
    We will use reasonable efforts to forward replies to box numbers within a reasonable time, but we are not responsible for any failure or delay caused by circumstances beyond our reasonable control.
  9. Mail Order
    Mail order ads will not be accepted unless and until the advertiser returns to us a Mail Order Guarantee Form, as produced by the News Media Association before the copy deadline (see #10 below). Ask us for a copy of the form.
  10. Cancellation
    An advertiser may cancel or amend an ad by written notice to us but no later than 7 days before the date of first insertion and 28 days for a premium rate ad; (“copy deadlines”). We will then make reasonable efforts to re-sell the space. But the advertiser will still be liable for the full price if the space is not sold or for the difference if sold for less (with a deduction for any savings on preparatory work avoided). Private advertisers acting as consumers and booking remotely by telephone or online may cancel in accordance with relevant law, but no refund shall be available after preparatory work has begun unless cancellation is due to our negligence. Advertisers will be liable for the full price in any other circumstances and we will reclaim any unearned volume-based discount on an ad series or online term cancelled part-way through. An advertiser may still request deletion of an ad part-way through an online term, but shall not be entitled to any refund. If the copy is not received from the advertiser by the copy deadlines, we may substitute such alternative copy as we deem suitable but we will not be liable if the ad does not appear, and the advertiser will remain liable to make full payment for the price of the ad in an event.
  11. We may cancel any ad order in any medium at any time without giving cause on reasonable notice before the first or next insertion and the advertiser will be entitled to a full refund but no further remedy. We may cancel without liability: i) if the advertiser breaches these terms and the breach is not capable of remedy or it continues for seven days after we have given notice of it; ii) if we reasonably believe the advertiser is unable to pay debts or the advertiser goes or threatens to go out of business; or iii) if we decide to discontinue the relevant publication.
  12. We will try to satisfy an advertiser’s request regarding the date of publication and positioning of an ad, but no guarantee of date or position can be given. We have no obligation to provide evidence of publication.
  13. Errors
    Our total liability to the advertiser in any circumstances for any error or non-publication shall be limited to a re-insertion of an ad or proportionate refund. The advertiser must check and is solely responsible for checking an ad before and after insertion and must notify us of errors within 14 days of publication. We shall not be liable: i) for an error that the advertiser has failed to notify to us in time; ii) for any error or non-publication unless caused by our negligence; or iii) for an error that, in our reasonable opinion, does not materially detract from the ad. We shall not be liable in any circumstances for losses relating to any business or public fund-raising of the advertiser, whether direct or indirect, such as lost profit, revenue, reputation or customers.
  14. Copyright and branding
    Ads are accepted on condition that we have the right to publish and distribute them in all editions in any form or medium (including electronic media as well as print). The copyright in work or material we contribute to or re-work for an ad belongs to us.
  15. Subject to applicable data law , the advertiser authorises us to place our cookies and other ad tech and use it as we see fit in relation to ads to enable us to collect data about usage, viewing or clicks on content. We shall own such collected first party data and all rights therein.
  16. An advertiser wishing to place its own ad tech on our users’ devices or deploy it otherwise in connection with the advertising must obtain our approval before booking an ad and provide all information and comply with data law and all conditions as we may reasonably require.. The advertiser shall be the controller of all data so obtained. Our role in relation to the placing of such ad tech is as joint controller but shall be limited to: i) facilitating the placing of the advertiser’s ad tech through our digital properties by coding directly on the advertiser’s behalf, or via a delivery mechanism of a tag management solution, or its delivery via an ad server; ii) making available to users of our digital properties such notices (including a privacy policy and cookie policy) and mechanisms as may be necessary in data law for obtaining and communicating consent to placing ad tech and establishing and recording a fair and lawful basis of processing of personal data; ii) keeping an audit trail of those consents where required in law; and iv) giving the advertiser all assistance as it may reasonably require to enable it to meet its obligations in data law as controller of personal data. The advertiser shall give us all assistance as we may reasonably require to meet our obligations in data law, including all such information about the means and purposes of its processing of data as we may require to disclose to our users.
  17. You confirm that any digital ad materials you supply will comply with such format and other specifications we may require and will not damage, interfere with or disrupt access to our or any third party’s digital network or do anything which may interrupt or impair its functionality. No hyperlinks or metatags may be included in a digital ad unless we have agreed in writing and in no circumstances shall there be a link to content prohibited in ads by these terms. We shall try to maintain continuity of online services if we reasonably can (including self-service ad systems and third-party platforms), but we give no warranty that they will be free from interruption and they may be suspended for maintenance or other reasons from time to time.
  18. The advertiser confirms that any landing page on a site linked to from an advertisement will: i) comply with the standards and conditions set out in clause 2 and 3 of these terms; ii) be free from malicious software and not cause an adverse effect on the operation of our digital properties, and iii) have a conspicuous privacy policy which complies with data law.
  19. Data protection
    Advertisers placing an order with us consent to the following: i) communications with us may be monitored or recorded for administrative or training purposes; ii) we may use information supplied by an advertiser for administration, marketing, credit scoring, customer services and profiling purchasing preferences and we may retain it for a reasonable time to do so; iii) we may make enquiry and share advertiser information with credit reference agencies , who may keep it and share it with other parties; iv) where required or permitted by law, we may disclose detail of advertisers to the police, trading standards or any other relevant authority or third party with a proper interest in receiving it. Further detail is given in our Privacy Policy (which may be found here) and forms part of these terms)
  20. General
    We shall not be liable if our publishing activities are restricted or prevented by any law, act or event beyond our reasonable control (including for example power cuts, equipment failure or industrial disputes). In such case, the advertiser shall accept publication when available or otherwise may cancel the order by written notice and pay only for work done and materials used.
  21. Our delay or failure to enforce or our waiver of any of our rights under these terms on any occasion shall not restrict the exercise or enforceability of such rights in the future.
  22. These terms together with any insertion order and other document referred to in the terms are the entire agreement between the advertiser and us. All other terms and conditions are excluded and void to the extent permitted by law. Nothing in these terms shall give any right or benefit under the Contract (Rights of Third Parties) Act 1999 to any person who is not a party to it, except a company in the Newsquest Media Group. If any term is is found to be invalid by any court with competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect.
  23. An advertiser shall not assign or otherwise deal with any of its rights or obligations under an ad sale agreement with us without obtaining our prior written consent. The ad space is for the advertiser’s use only and under no circumstances may the advertiser re-sell it to a third party. We may assign any of our rights or obligations upon written notification to the advertiser.
  24. Indemnity
    The advertiser will be liable to pay us for all losses, damages, costs (including legal costs) and expenses of any kind suffered or incurred by us as a result of claims or actions from third parties, actual or threatened, arising from or in connection with the advertiser’s breach of these terms or the publication of an ad, unless arising from our own negligent act or failure.
  25. Goverance
    The advertiser will be liable to pay us for all losses, damages, costs (including legal costs) and expenses of any kind suffered or incurred by us as a result of claims or actions from third parties, actual or threatened, arising from or in connection with the advertiser’s breach of these terms or the publication of an ad, unless arising from our own negligent act or failure.