For your protection, and ours, we have set up the terms and conditions below:
1. Orders for publication of advertisements (“Advertisements”) in The Lincolnite are accepted by Stonebow Media Limited (“SM”) on the following terms and conditions (“Terms”).
2. By placing an order, the Advertiser (which is the person placing the order for the Advertisement whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these Terms in full.
3. Materials for an Advertisement must be provided no later than the deadline agreed upon, and in accordance with the technical specifications.
4. SM may, without any responsibility to the Advertiser, reject, cancel or require any Advertisement to be amended that it considers unsuitable or contrary to these Terms and remove, suspend or change the position of any such Advertisement. SM may refuse to display any Advertisement for any Advertiser who has not paid any sums due for any advertising. The Advertiser will remain responsible for all outstanding charges.
5. The publication of an Advertisement by SM does not mean that SM accepts the Advertisement has been provided in accordance with these Terms or that SM has waived its rights under these Terms.
6. The Advertiser guarantees to SM that:
(i) any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
(ii) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
(iii) the Advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice (including the British Code of Advertising, Sales Promotion and Direct Marketing and all other codes under the general supervision of the Advertising Standards Authority, are not libellous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights);
(iv) the Advertisement will not be prejudicial to the image or reputation of SM or The Lincolnite; and
(v) all Advertisements submitted for publication online will be free of any viruses and no Advertisement will cause an adverse effect on the operation of the website.
7. Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorised by the advertiser of a product or service to place the Advertisement with SM and the Advertiser will compensate SM for any claim made by such advertiser against SM.
8. All Advertisements are accepted on the basis that they will be paid for at the applicable rates set out in the applicable rate card on the date of publication. SM may change its rates at any time. Any changes to the rates will take effect immediately. However, any changes to the applicable rates will not apply to any orders made prior to the date of such change.
9. All sums payable to SM should be made in accordance with SM Financial Terms & Conditions which are: All new customers will be required to prepay unless credit terms have been approved. SM may charge interest on the amount outstanding up to 4% above the Bank of England base rate.
10. SM accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to SM or any loss or damage to any Advertisement copy or any other materials. The Advertiser guarantees that it has retained sufficient quality and quantity of all materials supplied to SM.
11. SM shall use its reasonable endeavours to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.
12. SM will not be responsible for any additions to, changes in, deletions from, delays in publication or withdrawal of any Advertisements required by any authority having responsibility for the regulation of online advertising (including the Advertising Standards Authority).
13. If a booked Advertisement is not displayed at all solely due to a mistake on SM’s part, SM will try to offer an alternative display date(s). If the alternative date(s) is not accepted, the original booking will be cancelled and the Advertiser shall be entitled to a full refund if the Advertiser has paid in advance for the Advertisement. This shall be the Advertiser’s sole remedy for failure to display the advertisement.
14. If the Advertisement as reproduced by SM contains a substantial error solely due to a mistake on SM’s part, SM shall, on request, re-display the Advertisement at no additional cost to the Advertiser. SM shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform SM of any errors and provide any necessary assistance to SM to prevent a repeat of the error.
15. SM shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by SM and the Advertiser, and SM’s maximum total liability for any loss or damage arising out of or in relation to any Advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant Advertisement actually paid by or on behalf of the Advertiser.
16. In respect of Advertisements on the Website, SM does not guarantee continuous, uninterrupted access by users of the website but will use reasonable efforts to provide this. In addition, SM will not be responsible for any failure or delay affecting uptime of the Website and any Advertisements contained in them, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of SM.
17. For the avoidance of doubt, nothing in these Terms will limit or exclude SM’s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
18. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
19. The Advertiser will fully reimburse SM for all claims, losses or expenses arising as a result of any breach or failure to perform of any of these Terms and/or the use or publication of the Advertisement by SM in accordance with these Terms.
20. SM owns the copyright in all Advertisements written or designed by it or on its behalf.
21. The Advertiser grants SM the right (free of charge) to:
(i) use such of the Advertiser’s names, trade marks and/or logos as SM may consider necessary for the purposes of publishing the Advertisements;
(ii) reproduce the Advertisement in any media at any time from the date the Advertisement was last displayed on the Website for promotional purposes. For the avoidance of doubt, the content, layout and format of any Website will be subject to variation at SM’s sole discretion.
22. The Advertiser may cancel an Advertisement provided that email notice is received by SM within the relevant cancellation period. Please send notice of your intention to cancel to the person who made your booking or if that person is unavailable at [email protected] Cancellation will only be effective on confirmation of receipt of your notice.
23. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, SM may treat the order as cancelled.
24. Any person who is not a party to these Terms will have no rights to rely upon or enforce any of these Terms.
25. If SM fails or delays in exercising its rights or remedies provided by these Terms, it shall not be deemed to have waived that or any other right or remedy under these Terms.
26. Subject to clause 25, these Terms shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to these Terms.