Terms and Conditions
Definitions and Acceptance of the Terms and Conditions
1. Citizen News & Media Limited (“Citizen News & Media”) accepts publication of advertisements on the terms and conditions set out below (“Terms”).
2. These Terms apply to advertisements in the Hackney Citizen newspaper (“Newspaper”), advertisements on www.hackneycitizen.co.uk (“Website”) and inserts (together “Advertisements”).
3. 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.
Content and Delivery of Advertisements
4. Materials for an Advertisement must be provided no later than the deadline specified in the appropriate rate card and, for Advertisements on the Websites, in accordance with the Website technical specification.
5. Citizen News & Media 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, not print, suspend or change the position of any such Advertisement. Citizen News & Media may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising in any of the Newspapers or the Websites. The Advertiser will remain responsible for all outstanding charges.
6. The publication of an Advertisement by Citizen News & Media does not mean that Citizen News & Media accepts the Advertisement has been provided in accordance with these Terms or that Citizen News & Media has waived its rights under these Terms.
7. The Advertiser guarantees to Citizen News & Media 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 – see www.asa.org.uk/asa/codes/cap_code 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 Citizen News & Media or the Website or the Newspaper; 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(s).
8. 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 Citizen News & Media and the Advertiser will compensate Citizen News & Media for any claim made by such advertiser against Citizen News & Media.
9. 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. Citizen News & Media may change its rates at any time by publishing the modified rates at www.hackneycitizen.co.uk/advertising/advertising-rates. 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.
10. All sums payable to Citizen News & Media should be made in accordance with Citizen News & Media’s Financial Terms & Conditions which are: All new customers will be required to prepay unless credit terms have been approved following a satisfactory credit check.
Citizen News & Media’s standard credit terms are for payment to be received as cleared funds by BACS payment on or before ten days of the date of insertion/date of invoice. Any changes to the Standard Payment Terms must be agreed by Citizen News & Media. Citizen News & Media reserves the right to charge interest at the rate of 15% p.a. from the date of the invoice on any amounts unpaid after 10 days. Interest will run until full payment is received whether before or after judgement. Any queries must reach Citizen News & Media within the ten day period.
11. The Advertiser will be liable for the full cost of the Insert order. In no event will Citizen Enterprises be liable for loss arising from failure to insert or any errors in the insertion of Inserts
Liability of Citizen News & Media
12. Citizen News & Media accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to Citizen News & Media 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 Citizen News & Media.
13. Citizen News & Media 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.
14. Citizen News & Media 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 or press advertising (including the Advertising Standards Authority).
15. Citizen News & Media cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of Citizen News & Media Limited. However, Citizen News & Media will use reasonable efforts to comply with the wishes of the Advertiser.
16. If a booked Advertisement is not published at all solely due to a mistake on Citizen News & Media’s part, Citizen News & Media will try to offer an alternative publication 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 publish the advertisement.
17. If the Advertisement as reproduced by Citizen News & Media contains a substantial error solely due to a mistake on Citizen News & Media’s part, Citizen News & Media shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. Citizen News & Media shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform Citizen News & Media of any errors and provide any necessary assistance to Citizen News & Media to prevent a repeat of the error.
18. Citizen News & Media 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 Citizen News & Media and the Advertiser, and Citizen News & Media’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.
19. In respect of Advertisements on the Website, Citizen News & Media does not guarantee continuous, uninterrupted access by users of the Website but will use reasonable efforts to provide this. In addition, Citizen News & Media will not be responsible for any failure or delay affecting production or publication of any Newspaper or the transmission 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 Citizen News & Media.
20. For the avoidance of doubt, nothing in these Terms will limit or exclude Citizen News & Media’s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
21. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
Liability of the Advertiser
22. The Advertiser will fully reimburse Citizen News & Media 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 Citizen News & Media in accordance with these Terms.
23. Citizen News & Media owns the copyright in all Advertisements written or designed by it or on its behalf.
24. The Advertiser grants Citizen News & Media the right (free of charge) to:
(i) use such of the Advertiser’s names, trademarks and/or logos as Citizen News & Media 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 published in the Newspaper for promotional purposes. For the avoidance of doubt, the content, layout and format of any Website or Newspaper will be subject to variation at Citizen News & Media’s sole discretion.
25. Citizen News & Media is not obliged to accept a cancellation request (which Citizen News & Media requires to be made in writing). All print cancellations must be made in writing a least three weeks prior to the publication date. All other cancellations should be made prior to four working days of publication. If Citizen News & Media accepts a cancellation for part of a series of Advertisements, Citizen News & Media will surcharge the Advertiser for any insertions in that series which are cancelled.
26. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, Citizen News & Media may treat the order as cancelled.
27. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
28. If Citizen News & Media 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.
29. Subject to clause 21, these Terms shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to these Terms.