Please read below and agree to the Terms and Conditions for advertising with The Local Answer:
- No alteration or variation in these terms and conditions shall be valid unless the same have been confirmed in writing by Media Solutions (North East) Ltd. (the Publisher).
- Full payment for each advertisement insertion will be required prior to printing each month. Sums owed for advertisements not received prior to printing will incur interest from the first day of the publication month. The rate of interest will be the official dealing rate of the Bank of England (the base rate) + 8%, using the base rate at the end of the day on which the payment is to be made.
- The Advertiser does not have sole or monopoly rights in respect of items being advertised in the publication(s) and accepts that the advertisements of competitors providing similar services or items may be included in the publication(s).
- The Advertisement Contract incorporating these Terms and Conditions represents the entire agreement between the Advertiser and the Publisher and the Advertiser acknowledges that it is not entering into this agreement in reliance upon any representation or warranty not contained in these terms and conditions.
- No warranty – other than any volume of copies/edition stated – is given to the Advertiser as to the extent of the distribution of the publications by the Publisher.
- If required by the Advertiser, the design of an advertisement will be undertaken by the Publisher and a proof will be produced for the Advertiser’s approval in prior to printing. The Advertiser is responsible for providing the Publisher with the necessary text, images and instructions for the production of their advertisement within one week of the Advertisement Booking Deadline for each relevant issue. The copyright on any advertisement produced by the Publisher remains with the Publisher unless an agreement is sought with the Publisher.
- The Publisher has the right to decline or omit any advertisement and all copy is subject to approval by the Publisher.
- The Advertiser hereby grants to the Publisher a royalty free licence of its intellectual proprietary rights, as supplied by the Advertiser for the purpose of inclusion of such material into the publication, during the term of this arrangement.
- The Advertiser will indemnify the publisher in respect of all costs, claims, damages, expenses or demands falling upon the Publisher as a result of legal action or threatened legal action, brought against the Publisher arising from the publication of any advertisement prepared for the Advertiser including but not limited to breach of copyright, trade mark or registered design, passing off defamation or breach of statutory provisions (including the Trade Descriptions Act 1968 and the British Code of Advertising Practice).
- If any instalment of the agreed rate is not paid on the due date the entire outstanding balance shall become due. The Publisher will exercise his/her statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998 if payment is not made according to the agreed credit terms. The rate of interest will be the official dealing rate of the Bank of England (the base rate) + 8%, using the base rate at the end of the day on which the payment is to be made.
- The Advertiser shall remain liable for all payments due under this agreement notwithstanding the cessation or transfer or fundamental change in the nature of the business carried on by the Advertiser.
- The Publisher reserves the right to terminate this agreement prior to the publication being delivered to the Advertiser by giving seven days notice in writing to the Advertiser, and on the expiration of such notice any payments made by the Advertiser to the Publisher shall be refunded. Every care is taken to ensure accuracy. The advertisements are accepted on the understanding that descriptions are fair and accurate. All artwork is accepted on strict condition that permission for use has been granted.
- Where all care is taken to ensure that advertisers adhere to advertising codes of practice and are of good standing, the publisher accepts no responsibility for any statement, error or omission in any advertisement or editorial matter. Advertisements have been accepted in good faith but this does not imply that the advertisers have The Local Answer’s endorsement and no guarantee can be given by The Local Answer. Whilst we make every effort to identify the copyright of photographs, the lapse of time invariably makes it impossible to credit individual pictures. No part of this publication may be reproduced without the prior written permission of the publisher, Media Solutions (North East) Ltd. The content, accuracy and opinions expressed in articles published in The Local Answer are those of the contributors and are not necessarily the view of the publisher.
Leaflet and Marketing Materials Terms and Conditions
Placement of an order with the Company confirms acceptance of the Terms and Conditions detailed below which will be regarded as a Contract:
‘Client’ is any business or individual who commissions the Company to carry out any work, including but not restricted to leaflet distribution.
‘Contract’ is the terms and conditions set out in this document.
‘Company’ is Media Solutions (North East) Ltd., Company number 4878475.
‘Material’ is any promotional material be it leaflet, letter, promotional card or any other materials to be delivered or stored by the Company.
- Content of Marketing Material
2.1) The placing of an order for distribution constitutes an assurance by the Client that:
- a) The material to be distributed does not contain anything which is dangerous, constitutes an infringement of copyright, or is defamatory, obscene or otherwise illegal in any way.
- b) All necessary authority and permission has been secured in respect of the use in the material of pictorial representations of (or purporting to be of) living persons and of words attributed to living persons.
- c) All copy shall be legal, decent, honest and truthful, shall comply with the British code of Advertising Practise or British Code of Sales Promotion Practise and all other codes under the general supervision of the Advertising Standards Authority.
2.2) The Company reserves the right to require the copy to be amended to meet its approval and to omit or suspend the distribution of any material at its sole discretion.
2.3) The Client agrees to indemnify the Company in respect of all costs, damages or other charges falling upon the Company as a result of legal action or threatened legal action arising from the publication and/or distribution of the material.
- Supply of Material for Distribution
3.1) No job shall be considered as confirmed for the purposes of distribution until the Company has either (i) received the material to be distributed from the Client or (ii) has received an order from the Client, along with final approved artwork, to print the materials.
3.2) The Client shall ensure that the materials to be distributed are delivered to the address specified by the Company at the earliest possible time, ideally when the order is placed, but no later than five working days prior to the earliest commencement date for the distribution. Any delay in receiving the materials shall be regarded as a change to the agreed distribution schedule and will be subject to clause 4.2.
3.3) Deliveries to the Company should be made between Monday and Friday between 9 am and 5 pm and by arrangement. The Company reserves the right to refuse to accept delivery of any materials delivered outwith these hours, at its absolute discretion.
3.4) The Company reserves the right to make a charge of £5 per box in respect of any materials that the Company is asked to collect by the Client, subject to a minimum charge of £15. The Company reserves the right to refuse to pick up such material, at its absolute discretion.
3.5) In the event of materials being different in terms of size, weight or shape to that specified by the Client, the Company reserves the right to make an additional charge or refuse to deliver the material, as its absolute discretion.
3.6) Materials must be securely packed in regular quantities and clearly marked as such. The Company reserves the right to make an additional charge of £5 per 1000 for materials incorrectly packed or to refuse to deliver such materials, at its absolute discretion.
3.7) The Company is under no obligation to check the quantity of material supplied for distribution nor accept the accuracy of any information shown on any delivery notes of the Client or the Client’s delivery agent, but will, so far as reasonably feasible, notify the Client if the amount of materials falls short or exceeds the requirements of the agreed distribution.
3.8) The Client agrees that the Company has no liability whatsoever for the Client’s materials whilst in the possession of the Company and the Company has no liability for any loss or damage to the Client’s materials while in the Company’s possession or for any resulting loss of business or any other loss.
- Cancellation and Alterations
4.1) Cancellations must be notified to the Company in writing at least ten working days prior to the agreed distribution start date. Failure to do so will incur a charge of 50% of the value of the original order value (plus VAT).
4.2) Any change to the agreed distribution schedule must be notified to the Company in writing at least ten working days prior to the agreed distribution start date. The Company reserves the right to charge an additional fee of £10 per 1000 for late notifications. Thereafter the previously agreed turnaround and/or delivery schedule shall become null and void and the Company reserves the right to impose its own timescales to any altered delivery schedule at its absolute discretion.
- Distribution of Marketing Material
5.1) Distribution is undertaken on a contract price, not on a payment by results basis. For the avoidance of doubt, the Company does not have any responsibility for response rates resulting for the distribution of the Client’s materials.
5.2) Unless otherwise stated, distribution will normally take place within the specified time period in the confirmed order and to the area scheduled to receive the materials. This does not necessarily imply 100% penetration of all addresses within the area (see 5.5). An example of this would be where access is not gained on initial visit and stock of marketing material is depleted we would not revisit house/stair/apartment/flat of non-delivery.
5.3) Whilst every effort will be made to meet the agreed distribution method and schedule, the Company reserves the right to vary both the method and timing of the distribution at any time with no penalty and with or without the agreement of the Client.
5.4) The Company does not object to the Client’s use of independent inspectors but any such inspector must be approved by the Company in advance on the distribution start date and the Client shall by solely responsible for all related costs.
5.5) While every effort is made by the Company to deliver to every property in the agreed area and to report non-deliveries, the Company does not guarantee that every property will be delivered to and/or every non-delivery reported.
- Distribution Queries
6.1) The Company will not be responsible for the production costs of materials or loss of business or any other loss or damage, however arising by any non-delivery or delay in distribution of the material for whatever reason.
6.2) The company must be informed in writing within three working days of the distribution completion date of any distribution queries.
- Payment Terms
7.1) In the absence of agreed credit terms, payment must be received at the time of booking. Credit terms are at the sole discretion of the Company and may be withdrawn at any time.
7.2) Unless otherwise agreed by both parties in writing, credit terms are 30 days from the invoice date unless different terms are stated on the invoice.
7.3) Payment should ideally be made by BACS transfer using the details stated on the invoice. Cheques should be made payable to the Company.
7.4) If an invoice is not paid within the specified credit terms (see 7.2), the Company reserves the right to charge the Client interest from the invoice date at a rate of 8% above the Bank of England base rate as well as debt recovery costs of £40 up to £999.99, £70 up to £999.99 and £100 for £10,000 and over.
7.5) Any discount that is based on payment being received within the credit terms shall be deemed to be null and void if the invoice is not paid in full by the agreed date. In these circumstances, the full amount excluding the discount shall be due.
7.6) If an invoice has not been paid for a period deemed to be excessive by the Company, the Company may engage the services of a debt recovery specialist. The Client accepts full responsibility for paying all costs incurred by the Company relating to recovering the debt.
- Value Added Tax (VAT)
The Company will be entitled to charge the amount of any Value Added Tax payable irrespective of whether the VAT amount is stated in the Company’s order form or included in any quotation.
- General Terms
The placing of an order for distribution or any other work shall constitute an acceptance of the above conditions and any conditions stipulated on the Client’s own form or elsewhere by the Client shall be void in so far as they are in conflict with them.
Media Solutions (North East) Ltd.
Address: 308, The Innovation Centre, Kirkleatham Business Park, Redcar TS10 5SH.
Registered in England with Company Number 04878475, VAT Number 839124128.