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Terms
& Conditions
- This webpage document contains the terms and conditions for advertising in all Propertyfinder Publishing publications and all customer orders are accepted subject to these terms and conditions. Please read them all carefully before submitting your advertisement copy; by submitting your advertisement copy to us, you agree to these terms and conditions.
- Your attention is drawn, in particular, to the following:
- Any stipulation or condition applying to your order must be clearly incorporated in the written instructions supplied to us, and approved by us.
- Orders for insertion of any advertisement are accepted on condition that you grant us the right to publish the advertisement in the newspapers and magazines published by us and in any other of our publications (including reprographic and digital cuttings and page property images) in any medium, whatever the means or system of production delivery (including on-line versions of the newspapers and magazines).
- We reserve the right at our discretion to decline to publish, or to omit, suspend or change the position of, the whole or part of any advertisement otherwise accepted by us for insertion.
- Advertising copy must be submitted in the correct format and within the deadlines specified for the intended publication. Failure to comply may result in additional charges being made, old copy being repeated or other copy being used.
- Our liability for any loss or damage resulting from errors or inaccuracies in the printing of, or omission of the whole or part of, any advertisement is limited as set out in paragraph 16 below.
- You warrant to us that your advertisement will not breach any contract or infringe any copyright, trademark or any other right of any third party or render us liable to any claim or proceedings whatsoever.
- All prices quoted by us are exclusive of VAT.
- Please note carefully the cancellation deadlines in paragraph 14 below.
- Propertyfinder Publishing terms and conditions of insertion of advertisements in newspapers (incorporating the Newspaper Publishers' Association standard conditions of insertion of advertisements)
- In these conditions, (1) "we" or "us" means London Property News or Surrey Property Finder (registered number 2769366) of 1 Virginia Street, London E98 1XY, trading as Propertyfinder Publishing; (2) "you " means the person placing the order for the insertion of the advertisement with us, whether such person be the advertiser of the product or service promoted thereby or making the announcement therein ("the Advertiser") or the Advertiser’s advertising agency or media buyer; (3) the "rate card" means our rate card in effect for the time being which may include, among other matters, our scale of advertisement rates, technical specifications, copy and cancellation deadlines and setting styles, and further terms and conditions; and (4) an "advertisement" means matter to be printed on the page or separately inserted.
- We will only accept instructions or conditions applying to an order if those instructions or conditions have been clearly supplied to us in writing, and they have been approved by us.
- You (and the Advertiser, if applicable) hereby grant us the right to publish the advertisement in the relevant title and in any other of our publications (including reprographic and digital cuttings and page images) in any medium, whatever the means or system of production delivery (including on-line versions of the newspapers and magazines).
- You warrant that:
- In relation to an advertisement, you contract with us as a principal notwithstanding that you may be acting directly or indirectly for an Advertiser as an advertising agent or media buyer or in some other representative capacity;
- The reproduction and/or publication of the advertisement as originally submitted or as amended pursuant to paragraph 3 will not breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or render us liable to any claim or proceedings whatsoever;
- Any information supplied by you in connection with the advertisement is accurate, complete and true;
- In respect of any advertisement submitted for publication which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified, you or the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy;
- In relation to any investment advertisement, the Advertiser is, or its contents have been approved by, an authorised person within the meaning of the Financial Services Act 1986 or the advertisement is otherwise permitted under that Act;
- The advertisement complies with the requirements of all relevant legislation (including subordinate legislation, the rules of statutorily recognised regulatory authorities and the law of the European Union) for the time being in force or applicable in the United Kingdom; and
- All advertising copy submitted to us is legal, decent, honest and truthful and complies with the British Code of Advertising Practice and all other relevant codes under the general supervision of the Advertising Standards Authority.
- We may reject, or require to be amended, any artwork, materials and copy for or relating to an advertisement so as (i) to comply with legal or moral obligations placed on us or you or any Advertiser; or (ii) to avoid infringing a third party’s rights, the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority or the production and quality specification stipulated or referred to in the rate card.
- We have the right at our discretion to decline to publish, or to omit, suspend or change the position of, any advertisement otherwise accepted for insertion. However, we will use reasonable efforts to comply with your wishes although we give no representation, warranty or undertaking as to the date of insertion, the wording, or the quality of the colour or mono reproduction of the advertisement.
- If you intend to include an advertisement a competition or a special offer of merchandise other than that normally associated with the advertised product, full details must be submitted at the time of booking.
- We will not be liable for any loss of copy, artwork, photographs or other materials, which you warrant that you have retained in sufficient quality and quantity for whatever purpose.
- Where you are the Advertiser’s advertising agency, you warrant that you are authorised by the Advertiser to place the advertisement with us and you will indemnify us against any claim made by the Advertiser against us arising from the publication thereof.
- We shall have the right to change our scale of advertisement rates at any time. All prices are exclusive of VAT.
- Any notice of cancellation or transfer of any advertisement must be received in writing by us and we shall not be bound by notice of stop order, cancellation or transfers unless they are received within the following time periods.
- In writing a minimum of three working days before the copy deadline for a single insertion advertisement; and.
- In writing one calendar month before the copy deadline for a series discount advertisement.
- We may treat as cancellation the fact that (a) you become insolvent, have an administrator, receiver or manager appointed over the whole or any part of your assets or business, make any composition or arrangement with your creditors, take or suffer any similar action in consequence of debt, or an order or resolution (whether final or not) is made for your bankruptcy, winding-up, dissolution or liquidation (other than for the purpose of solvent re-organisation) or any event occurs in a foreign jurisdiction analogous to, or comparable with, any of the above or (b) you are otherwise in breach of any of these terms and conditions.
- If you cancel the balance of a contract with us before any or all of the advertisements to which it relates have been published, you shall forthwith relinquish any right to any series discount to which you were previously entitled and (i) all and any future advertisements shall be paid for at the appropriate rate and (ii) you will be liable to pay us forthwith the full amount of the discount which you have received on any advertisements which have already been published pursuant to that contract. Unfulfilled series discounts will be reclaimed.
- We may charge a £2,000 administration fee in the event you cancel a contract with us before any or all of the advertisements to which it relates have been published before its term is completed. This fee is subject to revision by us at any time.
- For the avoidance of doubt, if no notice of cancellation of an advertisement is received by us within the time limits set out above, and/or no copy has been received by the copy deadline and as a consequence the advertisement does not appear in the publication, we shall be entitled to use our own judgment to select copy from a previous edition if appropriate and, in any event, claim for the full amount involved by it due in respect of any such advertisement. In such an event, we shall use our own judgment to select copy from a previous edition.
- Additional charges will be made payable by you where either ourselves we, our production house or printers are involved in extra production work owing to your acts or defaults in providing properly formatted copy by the deadlines specified for the relevant publication. These charges are listed below as follows:
- Copy sent to us or our production house which has not been formatted in accordance with copy format instructions will incur an additional charge of £10 per page.
- Up to two changes can be made to proofs submitted by us for your approval at no cost to you. The third change and each subsequent change thereafter will incur an additional charge of £10 per change.
- Changes made to copy more than 24 hours after the copy deadline will incur a charge of £30 per change.
- Advertising copy received by us after the copy deadline will incur an administration charge of at least £40.
- These charges are subject to revision at any time.
- Complaints regarding reproduction of advertisements must be received by us in writing within two weeks of the date the publication is first distributed.
- In the absence of any other specific arrangement between you and us, payment in respect of the advertisement (including any associated production and late copy charges) is due in advance of publication in which case the due time for payment shall be no later than 10am (i) if you are a recognised agency under the Joint Recognition Scheme of the Newspaper Publishers’ Association Limited and the Newspaper Society, on the last working day of the month following that in which the advertisement appeared; or (ii) in any other case, on the 30th day following the date on which the advertisement (or, if one in a series, the last advertisement in the series) appeared (or, if such 30th day is not a working day, the working day immediately prior to such 30th day). Full details of each remittance are to be supplied to us by the due time. Payment shall mean the receipt by us at such place as we may direct of cash or a cheque or at our bank of moneys transferred electronically or through the clearing bank’s giro credit system.
- Payment for the advertisement shall be made as aforesaid whether or not you shall have (i) received our invoice or (ii) been provided by us with an order number at the time the advertisement was booked.
- You agree to pay to us in respect of each advertisement for which payment is not made by the due time:-
- The sum of £25 as an administration charge; and
- Interest on the amount paid late at the rate of 4% above the base rate of National Westminster Bank PLC accruing from day to day (including the day on which payment was due) both before and after judgment. Any such additional charge is payable within seven days following delivery of our invoice particularising it.
- You will ensure all advertisements must be approved by a representative of the Advertiser within the given time on their proof. It is your responsibility to check the correctness of the advertisement (and of each insertion of the advertisement if more than one). Without prejudice to paragraph 6, we assume no responsibility for the repetition of an error in an advertisement ordered for more than one insertion unless notified immediately the error occurs. Any other matter of complaint, claim or query (whether in relation to the advertisement or the invoice) must be raised with us in writing within seven days following the insertion of the advertisement or the date on which it is claimed the advertisement should have appeared or the receipt by you of the relevant invoice (as the case may be). In any such circumstances (without prejudice to our entitlement to be paid for the advertisement as published a sum representing a reasonable proportion of the charge agreed at the time the advertisement was booked) our liability is strictly limited either (at our option) to giving you a credit against our charge for the advertisement or (in an appropriate instance) publishing the advertisement for a second time without charge. Such complaint, claim or query shall not affect your liability for payment by the due time of our charges for that and all other advertisements.
- There is no obligation on us to supply voucher copies or tearsheets and their absence shall not affect your liability for the agreed charge.
- You will indemnify us and any publisher of an advertisement and agree to keep us and any such publisher indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or indirectly as a result of any breach or non-performance of any of the representations, warranties or other terms herein contained or implied by law.
- The placing of an order for insertion of an advertisement shall amount to an acceptance of these terms and conditions and any terms and conditions stipulated on an order form or elsewhere by you shall be void insofar as they are inconsistent with these conditions.
- These terms and conditions set out the full extent of our and any publisher’s obligations and liabilities in respect of publication of any advertisement. In particular, there are no terms as to satisfactory quality, fitness for a particular purpose or of any other kind whatsoever, except as specifically stated in these terms and conditions, and any condition or other term which might otherwise be implied into or incorporated into a contract, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permissible at law, except in respect of injury to or death of any person caused by our negligence. We are not liable to you or any third party for loss of profits, loss of contracts, loss of anticipated savings, data, goodwill and revenue or any other indirect or consequential loss, arising from breach of contract or howsoever, and our maximum liability to you for any loss or damage arising out of the contract between you and us relating to any advertisement, its publication or non-publication (except in respect of injury to or death of any person caused by our negligence) is limited to the amount paid or payable by you in respect of such advertisement.
- No waiver or indulgence by us shall be effective save in relation to the matter in respect of which it was specifically given.
- These terms and conditions shall apply to each contract for the insertion of an advertisement, together with such additional terms and conditions (if any) as may be set out in our rate card and, in the event of any variations or inconsistency between these terms and conditions and the terms and conditions set out in the rate card, the latter shall prevail.
- The contract which incorporates these terms and conditions shall be construed under, and governed by, the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
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