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TERMS AND CONDITIONS OF ACCEPTANCE OF ADVERTISEMENTS FOR THE
CLASSIFIEDS SECTION OF WWW.WARKSGOLF.CO.UK www.warksgolf.co.uk
is produced and published by OWS Ltd, Westfield Lodge, Moreton
MorrelL, Warks CV35 9DB.
Orders for insertion of advertisements on the website are accepted subject to
the following conditions. To avoid
any doubt, in these terms the words "published" or
"publication" shall mean appearing on www.warksgolf.co.uk for the
time selected by the advertiser. (1) By
placing an order for an advertisement, the order constitutes a warranty from
the advertiser and/or advertising agency to the publisher: a) The
advertisement must be legal, decent, honest and truthful, complying with the
British Codes of Advertising and Sales Promotion, and with any other relevant
codes of practice and with the requirements of current legislation and b) The
advertisement must not be defamatory and must not infringe the copyright, moral
rights or any other rights of any third party. (2)
Advertisements appearing on the website may not contain hyperlinks or metatags linking directly to another web site. (No
hyperlinks or metatags may be included in any advertisements
save with the express prior permission of the publisher). (3) An
advertiser and/or an advertising agency agrees to indemnify the publisher 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) While
every endeavor will be made to meet the wishes of advertisers, the publisher
does not guarantee the publication of any particular advertisement or its
publication on any particular date. Once an advert is approved, its
appearance is subject solely to the payment for placing the advert, a payment
which is made by the advertiser as and when they see fit. (5) Responsibility
for Advert Content (a) The
advertiser is solely responsible for the content and any pictures used in an
advert, as supplied for approval by the site management In the event of any
error, mis-entry or omission in the publication of
an advertisement or part of an advertisement the publisher will assist an
advertiser as best they can in changing an advert to correct any errors etc.
An administration charge may be made for this service. (b) As
above in 5a), where an advertiser is solely responsible for the content of an
advert as provided to the publisher, in no circumstances shall the total
liability of the publisher for any error, misprint or omission exceed (i) the amount of a full refund of any price paid to the
publisher for the advertisement in connection with which liability arose or
(ii) the cost of a further or corrective advertisement of a type and standard
reasonable comparable to that in connection with which liability arose. (c) With
respect to 5a) and the publishing of a series of adverts, it is the
responsibility of the advertiser/advertising agency to check the first
appearance of any series of advertisements where this service is provide by
the publishers, and notify the publisher immediately of any errors. The
publisher assumes no responsibility for the correction of errors unless
notified by the advertiser. (d) Save
as set out above, the publisher 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 publication of any advertisement
or of any title of website in which any advertisement is scheduled to appear. (6) The
publisher reserves the right to: (a) Refuse
any advertisement or if already accepted to cancel the order at any time by refunding
the fee paid (where applicable) for the time and type of advert, or the
pro-rata fee for any series or multiple placement of adverts. (b) require any alteration it considers necessary or desirable
in any advertisement. (7) An
advertising agency may cancel any unexpired part of an order without penalty
in the event of the death or failure of its client. (8) The
copyright for all purposes in all artwork, copy and other material which the
publisher or their employees or contractors have originated, contributed to
or reworked shall vest in the publisher. (9) 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) of - (a) pictorial
or 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. (10) Any
material submitted by the advertiser (as stored by the publisher’s web baed database) is held by the publisher at the
advertiser's risk and should be insured by the advertiser against loss or
damage from whatever cause. The publisher 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. (11)
Orders cannot be cancelled unless the publisher has received four clear
working days' notice of cancellation of any order or unexpired part of an
order’. All cancellations must be notified in writing as e-mail to the following
e-mail addresses – TO: editor@warksgolf.co.uk and CC:
classifieds@warksgolf.co.uk (12) The
rate payable for apperance of any advertisement
shall be in accordance with the Publisher's current rates from time to time
save as otherwise agreed with the Publisher. All gross advertising rates
(except classified lineage and semi-display) are subject to a 0.1%
Advertising Standards board of Finance (ASBOF) levy, payable by advertisers
to help finance the self-regulatory system administered by the Advertising Standards
Authority. (13) No
credit terms are given - payment must be made in full via the provision of PayPal payment systems for on-line payment or where a negotiation
has been made for multiple advert placements, by cheque
payment of the paper invoice provided. (14) 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. (15) OWS
is not a member of any association whereby the terms of the Recognition
agreement between the Newspaper Society, or between the Newspaper Society and
the Newspaper Proprietors Association and recognised
advertising agencies are deemed to be incorporated in these conditions of
acceptance of advertisement orders for the publication and transmission of any
or all advertisements accepted from the recognition advertising agency. Without
prejudice to the generality of these terms, these conditions of acceptance
specifically extend to any personal guarantee given by the Directors or any
other person on behalf of a recognised agency at
the time of recognition in respect of any unsatisfied liabilities of the
agency in the event of the agency's liquidation or insolvency. Such guarantee
is part of these conditions of acceptance. (16) 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. (17) These
terms and conditions shall be governed by and construed in accordance with
the laws of |