For Let's do Business printed material and the Let's do Business website produced and published by Ten Sixty Six Enterprise Ltd.
In these Conditions:
The publisher of all Let's do Business promotional printed materials and website is Ten Sixty Six Enterprise Ltd.
"the Advertiser" means any person or company placing with Ten Sixty Six Enterprise Ltd an order for the publication of an advertisement in any of Ten Sixty Six Enterprise Ltd Let's do Business promotional publications or hosted websites. For the avoidance of doubt, in this section the words "published" or "Publication" shall mean published in any Let's do Business printed material and/or on any Website(s) owned and produced by Ten Sixty Six Enterprise Ltd.
Orders for insertion of advertisements in the Publication
and/or the Website are accepted subject to the following conditions:
1. Warranty. The placing of an order constitutes a warranty from the advertiser and/or advertising agency to Ten Sixty Six Enterprise Ltd:
that the advertisement is legal, decent, honest and truthful, complying with the British Codes of Advertising and Sales Promotion, with any relevant codes of practice and with the requirements of current legislation; and
that the advertisement is not defamatory and does not infringe the copyright, moral rights, or any other rights, of any third party.
2. Links. No hyperlinks or metatags may be included in any advertisements save with the express prior permission of Ten Sixty Six Enterprise Ltd.
3. Indemnity. The Advertiser and/or advertising agency agrees to indemnify Ten Sixty Six Enterprise Ltd 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. No Guarantee. While every endeavour will be made to meet the wishes of advertisers, Ten Sixty Six Enterprise Ltd does not guarantee the publication of any particular advertisement or its publication on any particular date or in a particular part or edition of the publication or to be inserted under a particular classification.
5. Errors. It is the responsibility of the Advertiser/advertising agency to check the proofs (if requested and submitted) of advertisements and notify Ten Sixty Six Enterprise Ltd immediately of any errors. Ten Sixty Six Enterprise Ltd assumes no responsibility for the correction of errors unless notified by the advertiser. In the event of any error, misprint or omission in the Publication or the Website of an advertisement or part of an advertisement (however caused), Ten Sixty Six Enterprise Ltd will either re-publish the advertisement or relevant part of the advertisement as the case may be or make a reasonable refund of or adjustment to the cost. No re-publication, refund or adjustment will be made where the error, misprint or omission does not materially detract from the advertisement.
6. Limitation on Liability. In no circumstances shall the total liability of Ten Sixty Six Enterprise Ltd for any error, misprint or omission exceed:
the amount of a full refund of any price paid to Ten Sixty Six Enterprise Ltd for the advertisement in connection with which liability arose; or
the cost of a further or corrective advertisement of a type and standard reasonably comparable to that in connection with which liability arose.
7. Save as set out above, Ten Sixty Six Enterprise Ltd 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 website in which any advertisement is scheduled to appear.
8. Refusals and Amendments. Ten Sixty Six Enterprise Ltd reserves the right to:
Refuse any advertisement or, if already accepted, to cancel the order at any time by giving reasonable notice, but in that event the Advertiser/advertising agency shall not be liable for payment of the difference (if any) between the rates for the series specified in the order and the usual price for the series of insertions which has appeared when the order is stopped and require any alteration it considers necessary or desirable in any advertisement.
Mail order advertisements will not be accepted for publication by Ten Sixty Six Enterprise Ltd.
9. Cancellation. Orders cannot be cancelled once Ten Sixty Six Enterprise Ltd has commenced to carry out the order in accordance with the publication date requested by the advertiser. In other cases Ten Sixty Six Enterprise Ltd will require seven clear working days notice of cancellation of any order or unexpired part of an order, or in the case of an advertisement which by reason of its position is chargeable at a premium rate, not less that twenty-eight clear working days notice. All cancellations must be notified in writing. Email notification of cancellation is not acceptable. It is the responsibility of the Advertiser to retain a note of any stop number issued by Ten Sixty Six Enterprise Ltd.
10. Copyright. The copyright for all purposes in all artwork, copy, video, audio and other material, which Ten Sixty Six Enterprise Ltd or his employees have originated, contributed to, or reworked, shall vest in Ten Sixty Six Enterprise Ltd. The Advertiser authorises Ten Sixty Six Enterprise Ltd to record, reproduce, publish, distribute and broadcast (or to permit the same) all advertisements (including, but not limited to, text, artwork [electronic or otherwise], video and photographs) and to include and make them available in any information service, electronic or otherwise.
11. Consents. 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) (a) of pictorial or any 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.
12. Risk. Any material submitted by the Advertiser is held by Ten Sixty Six Enterprise Ltd at the Advertiser's risk and should be insured by the Advertiser against loss or damage from whatever cause. Ten Sixty Six Enterprise Ltd 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.
13. Rates. The rates charged for the transmission of any advertisement shall be those set out in Ten Sixty Six Enterprise Ltd's published rates in force at the time the order is placed. The rate is subject to change at any time. It is the responsibility of the Advertiser to bring to Ten Sixty Six Enterprise Ltd's attention at the time of booking any discount, allowance or exemption from VAT (Value Added Tax) to which entitlement is claimed.
14. Advertising Agencies. Commission will only be granted to agencies formally recognised by the Newspaper Society or Ten Sixty Six Enterprise Ltd at the time of placing the order. The rate of commission payable will be determined by Ten Sixty Six Enterprise Ltd and may be varied or withdrawn at Ten Sixty Six Enterprise Ltd's discretion at any time, subject to giving the advertising agency seven days written notice thereof. All advertising agencies claiming commission must quote order numbers for every booking made. Ten Sixty Six Enterprise Ltd reserves the right to vary these terms of acceptance of advertising and payment in respect of any advertising agency at Ten Sixty Six Enterprise Ltd's discretion, subject to giving the advertising agency seven days written notice thereof.
15. Time of Payment. Pre-payment may be required for any advertisement at Ten Sixty Six Enterprise Ltd's discretion. Where pre-payment is not required, subject to the completion and approval of a Credit Application Form, payment shall be made for each advertisement within seven days of the date of the invoice, except that payment of advertisements charged to an approved credit account shall be made no later than:
that specified to the Advertiser when credit terms are granted; or
the 30th day of the month following the month in which the invoice was dated.
Should the Advertiser be in breach of these terms, or of any contract with Ten Sixty Six Enterprise Ltd, then the full amount in respect of all advertising published and all other amounts accruing from the Advertiser shall become due and payable. Ten Sixty Six Enterprise Ltd reserves the right to withdraw credit facilities from any Advertiser at Ten Sixty Six Enterprise Ltd's discretion subject to giving the Advertiser seven days written notice thereof, if practicable, or forthwith upon the issue of any Court proceedings against the Advertiser. Any query in respect of an invoice must be brought to the attention of Ten Sixty Six Enterprise Ltd in writing within seven days of its issue.
16. Late Payments Ten Sixty Six Enterprise Ltd shall be entitled to charge statutory interest pursuant to the Late payment of Commercial Debts (Interest) Act 1998 (as amended 2002)/The late payment of Commercial Debts (Rate of Interest)(Scotland) Order 2002 on all sums due at a current rate of 8% above the Bank of England base rate for the time being until payment is received.
Compensation for reasonable debt recovery costs arising from late payment will also apply at the following rate:
Debt up to £999.99 £40
Debt £1000 to £9,999.9 £70
Debt £10,000 plus £100
Ten Sixty Six Enterprise Ltd shall be entitled to add to any sums due any reasonable costs and expenses (including administrative costs) incurred by Ten Sixty Six Enterprise Ltd in obtaining. Ten Sixty Six Enterprise Ltd shall be entitled to an administration charge from the Advertiser of £25.00 in respect of any cheque tendered that is not met upon presentation (and to vary this charge at any time without notice). Ten Sixty Six Enterprise Ltd reserves the right to exercise a lien over any documents or other property of the Advertiser in its possession if Ten Sixty Six Enterprise Ltd's charges are not paid in accordance with these terms.
17. Data Protection. Ten Sixty Six Enterprise Ltd will hold personal information obtained in dealings with customers and process it in accordance with Ten Sixty Six Enterprise Ltd's Data Protection. A primary use of Advertiser personal information is for the marketing purposes of Ten Sixty Six Enterprise Ltd and its associated business partners. If an Advertiser does not wish for their personal information to be used for this purpose this should be indicated at the time of booking the advertisement. Any subsequent request to remove consent for personal information to be used for marketing purposes should be submitted in writing to Ten Sixty Six Enterprise Ltd, Summerfields Business Centre, Bohemia Road, Hastings, East Sussex TN34 1UT.
18. Disclosure of Identity. Ten Sixty Six Enterprise Ltd reserves the right to disclose the name and address and any other account details of advertisers and/or agencies to the police, trading standards officials, or any other relevant authority and, where Ten Sixty Six Enterprise Ltd in its sole discretion deems it reasonable, to other third parties.
19. Advertising Orders. Advertising orders are issued by an advertising agency as a principal and must be on the agency's official form.
20. Acceptance. 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.