Liabilities

1. The Advertiser warrants that the advertisement and that goods advertised conforms with the Trade Descriptions Act 1968 and 1972.
2. The Advertiser's failure to perform any term or condition as a result of Force Major conditions such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of contract.
3. Nothing in these conditions shall exclude or limit our liability for death or personal injury caused by our negligence, for our fraud or otherwise to the extent it would be illegal to do so.
4. These conditions shall be governed by and construed in accordance with the laws of England & Wales.

Bookings
Booking details on booking forms or as confirmed by Sales Rep via Email or Fax. Booking will only be processed on these basis:

1. Every booking has to be confirmed in writing by signing a standard Advertisement Agreement contract or booking form, confirmation is also acceptable via email or fax. Media & Marketing Ltd is requested to obtain confirmation from clients as far in advance of the air or published date as possible and certainly within 5 days of the booking. Hereafter cancellation surcharges are applicable.
2. CLEARCAST Approved and ready copy. Ready copy from Client 2 days prior to insertion or Confirmed proof from client 2 days prior to insertion (or otherwise specified).Verbal copy instructions will not be accepted over the telephone.
3. Copy will be provided to Media &Marketing Ltd by the copy deadline. Media & Marketing Ltd is not responsible for ensuring that copy is accurate. No liability for inaccurate copy will be accepted by the programme Channel, Newspapers, or any other Media.
4. All copy must be cleared and fully approved by CLEARCAST, the Newspaper Publication or any other Media.
5. Advertisement copy that is created by Media and Marketing, will be supplied by Media & Marketing Ltd in accordance with the mechanical data published by the traffic department of each channel or the specification for each Newspaper and any other form of Media. All copy/artwork supplied are Copyright, they can only be reproduced, copied with prior written confirmation from Media & Marketing Limited.
6. You, as a client, confirm and warrant to Media & Marketing Ltd , that the copy you provide will : - Be legal, decent, honest and truthful - Not result in a breach of any relevant Code of Practice, including other provisions of the Advertisements Standard Code of Practice - Not infringe any copyright or other legal rights of any person and that you have received any consent needed to refer to or portray people in the Advertisement.

Rates and payment

1. Advertisement rates are subject to revision at by Media & Marketing Limited, at any point.
2. New rates DO NOT apply to bookings accepted prior to the change. For contract booking, it will remain the same for the duration of the contract.
3. Except where we otherwise stated , all advertisement rates are exclusive of value added tax, which will be added at the prevailing rate(s) when the advertisement is invoiced.
4. You will pay for your Advertisement on placing your order, unless credit terms have been agreed. You will be sent an invoice regardless.
5. Payment is due within 5 days of the date of invoice, unless you apply for, and we grant, a 30 day account.
6. A query on an item on an invoice issued by Media & Marketing Ltd will not affect the time at which You are liable to pay the rest of that or any other invoices issued by us.
7. If you do not pay a sum due to us by the due date, all sums due by you to us (in total) becomes payable and we may suspend further advertising for you and charge you compensation and interest according to the Late Payments of Commercial Debts (Interest) Act 1988.
8. Payments outstanding for over 40 days will automatically be sent to our debt collecting agency, a notice will be posted to the Newspaper Society and Newspaper Publishers Association, who will in turn inform all their members (locals, regional and nationals press) not to take further advertisements from you.

Cancellation
Media & Marketing Ltd cannot accept stop-orders, cancellation or transfers unless they are received in writing prior to Media & Marketing's stated final copy dates.

Cancellation charges for Media & Marketing Ltd:

1. 21 days prior to the copy deadline - no penalty charge shall be applied;
2. between 20 to 14 days prior to copy deadline - 25% of the space cost agreed is payable;
3. between 13 to 7 days prior to the copy deadline - 50% of the space cost agreed is payable;
4. Less than 7 days prior to the copy deadline - 100% of the space cost agreed is payable;
5. Discounts do not apply to cancelled advertisements and the full amount of the charge shall be payable.
6. If an Advertiser cancels a balance of contract for a series booking it relinquishes any right to the series discount to which it was previously entitled; a surcharge will be raised to adjust the rate to the individual rate as appropriate.

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