TERMS AND CONDITIONS OF ACCEPTANCE OF ADVERTISEMENTS BY WHAT’S ON SOMERSET
1) These conditions shall apply to all advertisements accepted for publication. Any other proposed condition shall be void unless incorporated clearly in written instructions and specifically accepted by What’s On Somerset
2) All advertisements are accepted subject to approval by What’s on Somerset of the copy, and to the space being available.
3) What’s On Somerset reserves the right to refuse, omit or suspend an advertisement at any time, with or without explanation, and in such cases no claim on the part of the advertiser for damages or breach of contract shall be accepted. Should such omission or suspension be due to the Advertiser or his agents, then the space reserved for the advertisement shall be paid for in full.
4) If What’s On Somerset considers it necessary to modify the space or alter the date of insertion or make other alteration, the Advertiser will have the right to cancel if the alterations requested are unacceptable, unless such changes are due to an emergency or circumstances beyond the control of What’s On Somerset
5) Free insertions or credit in cases where typographical errors or minor changes which do not substantially affect the sense of the advertisement have occurred will not be given in What’s On Somerset.
6) Every care is taken to avoid mistakes, however What’s On Somerset Ltd will not be liable for loss or damage due to error, late publication, imperfect reproduction or non-appearance of an advertisement. Substantial error or serious fault in reproduction may be grounds for allowance or refund of part or all of the cost of the advertisement, provided this is not due to the act or default of the Advertiser or his agents. In no circumstances will such an allowance exceed the value of one insertion of the advertisement.
No claim for incorrect insertion will be considered unless it is notified in writing to What’s On Somerset within seven days of publication.
7) The Advertiser warrants: (i) that the advertisement contains no incorrect information, does not contravene any Act of Parliament nor is in any other way illegal or defamatory or an infringement of any other party’s rights or an infringement of the British Code of Advertising Practice (ii) that the use of any copyright text, photographs, illustrations etc. included in the advertisement is authorised, and that s/he is responsible for any payments due to the copyright holder.
8) The Advertiser will indemnify What’s On Somerset fully in respect of any claim made against What’s On Somerset arising from an advertisement. What’s On Somerset will consult with the Advertiser as to the way in which such claims are to be handled.
9) Advertisement rates are subject to revision at any time and orders are accepted on condition that the price binds What’s On Somerset only in respect of the next issue to go to press. In the event of a rate increase, the Advertiser will have the option to cancel the order without surcharge or continue the order at the revised rates.
10) If an Advertiser cancels the balance of a contract, except in the circumstances set out in Clauses 4 or 8 above, s/he relinquishes the right to any series discount to which s/he may have been previously entitled and advertisements must be paid for at the appropriate rate.
11) Payment on credit accounts is due upon date of publication. Where payment is not made by the due date, What’s On Somerset reserves the right to charge interest on the amount at 15% per annum and suspend any series booking.
12) At least one month’s notice prior to issue date is required to cancel a booked advertisement in What’s On Somerset. A charge may be made for any production work carried out prior to cancellation.
Written, faxed or emailed confirmation of cancellation is essential, with confirmation of receipt from What’s On Somerset.
13) No refunds will be granted for cancellation of prepaid lineage advertisements.
14) If copy instructions are not received by the agreed date, What’s On Somerset reserves the right to repeat the most appropriate copy. Please note that proofs cannot normally be supplied, nor corrections to supplied copy guaranteed to be made.
15) Advertisers’ property in the form of artwork, photographs etc are supplied for use by What’s On Somerset at the owners’ risk and should be insured against loss or damage. What’s On Somerset reserves the right to destroy artwork or photographs which have not appeared in its publications within the previous 12 months.
16) For the purpose of these conditions, “Advertiser” shall refer to the Advertiser or his Agent, whichever is the principal.
17) Advertisers must supply What’s On Somerset with a full address and telephone number (land line) at the time of booking.
PO Box and mobile numbers alone will not be accepted, although they may be used in the copy.
18) These conditions and all other express terms of the contract shall be governed and construed in accordance with English law, and disputes shall be settled in English courts.
What’s On Somerset
Character Graphics Limited
Unit 4, Smalls Yard
Deller’s Wharf
Taunton
TA1 1NU
August 2023.
