Terms & Conditions

CONDITIONS OF ACCEPTANCE OF ADVERSITEMENTS

Our standard terms and conditions of Advertising and Payment are set out below and are applicable to all advertising booked or other business transacted.

1 General In these Conditions:

1.1 "the Company" means Yorkshire Post Newspapers Limited, Leeds Weekly News Limited, The Reporter Limited, Yorkshire Post Magazines Limited, The Yeller Publications Limited, Ackrill Newspapers Ltd, YWNG Ltd.

1.2 "the Advertiser" means any person or company placing with the Company an order for the publication of an advertisement in any of that Company's newspapers, or other publications.

2 Refund Policy

2.1 Full refunds are available prior to the advert publishing where the advertisement is cancelled at least 48 hours before the chosen publishing date. All other refunds will be given in exceptional circumstances at the discretion of management.

2.2 The Advertiser may cancel an Advertisement before the Advertisement has completed its term, but shall not be entitled to a refund for the time not used. The Advertiser may extend the term of an Advertisement at the agreed rate.

2.3 The Advertiser may suspend the Advertisement from the Web Site so that it may no longer be viewed by users of the Web Site before the Advertisement has completed its term, but shall not be entitled to a refund for the time not used. The Advertiser may extend the term of an Advertisement at the agreed rate.

3 Acceptance of Conditions In placing an order for the publication of an advertisement, the Advertiser accepts these conditions. No condition which conflicts with them is binding on the Company or the Advertiser unless it is in writing and signed by or on behalf of both parties.

4 Advertiser's Warranty and Indemnity

4.1 The Advertiser warrants: (a) That the advertisement is legal, decent, honest and truthful and that it complies with the British Codes of Advertising and Sales Promotion, with any relevant codes of practice and with all requirements of current legislation; (b) That nothing in the advertisement is defamatory or constitutes a malicious falsehood; (c) That the publication of the advertisement will not infringe copyright or any other rights vested in a third party; (d) That the Advertiser has secured all necessary authorities and permission in respect of the use in the advertisement of any pictorial representations of, or words attributed to, living persons.

4.2 The Advertiser will indemnify the Company in respect of all costs, damages or other charges incurred in connection with any actions or claims brought against the Company arising from a breach by the Advertiser of this warranty or otherwise from the publication of the advertisement.

5 Right to Refuse or Amend Advertisements

5.1 The Company reserves the right to refuse to publish any advertisement if, in the Company's opinion, the advertisement fails to comply with the requirements of Condition 3.1 above or the refusal is required in the interest of reader protection, even if the advertisement has been accepted or previously published.

5.2 The Company may make any alteration it considers necessary or desirable in an advertisement including the use of standard abbreviations, or change the siting of an advertisement in the relevant publication.

5.3 Mail order advertisements will not be accepted for publication by the Company unless the Advertiser completes and returns to the Company a Mail Order Guarantee Form, produced by the Newspaper Society, prior to the deadline for publication of the advertisement.

6 Requests for Insertion on Particular Dates or in Particular Sections Whilst the Company will endeavour to comply with reasonable requests for an advertisement to be inserted on a particular date or in a particular part or edition of the publication, or to be inserted under a particular classification, the Company makes no guarantee in respect of any such request.

7 Cancellation

7.1 The Company may cancel the Advertiser's order at any time, and shall give five days notice of the cancellation before the next due date of publication of the advertisement if practicable.

7.2 The Advertiser may cancel its order or the unexpired part of an order by giving seven days notice of the cancellation before the next due date of publication, subject to any deadline as set out in the Company's rate card applicable at the time.

7.3 It is the responsibility of the Advertiser to retain a note of any "stop number" issued by the Company.

8 Copyright

8.1 Copyright of all artwork, copy or other material created, reworked or contributed to by the Company shall vest in the Company.

8.2 The Advertiser authorises the Company to record, reproduce, publish, distribute and broadcast (or to permit the same) all advertisements (including but not limited to text, artwork and photographs) and to include and make them available in any information service, electronic or otherwise.

9 Advertiser's Property Held at Advertiser's Risk All artwork, photographs, film or other property delivered by the Advertiser to the Company is held by the Company at the Advertiser's risk and the Advertiser should insure all such property against loss or damage from whatsoever cause. The Company reserves the right to destroy without notice all artwork, photographs, film or other property which has been in its custody for six months from the date of its last appearance in an advertisement, unless the Advertiser has given written instructions to the contrary.

10 Box Numbers

10.1 The Company will endeavour to forward all replies to a box number, to the Advertiser, as soon as possible after receipt, but the Company accepts no liability in respect of any loss or damage alleged to have arisen through delay in forwarding or omitting to forward such replies, howsoever caused. The Advertiser authorises the Company to examine material passing through boxes and to return to its originator any communication which, in the opinion of the Company, should not be delivered to the Advertiser.

10.2 Advertisements from dealers are not accepted under a box number.

11 Right to Disclose Information

11.1 All advertisements must be accompanied by the Advertiser's full name and address. All trade advertisements must contain a trading name.

11.2 The Company reserves the right to refuse an advertisement containing only a mobile telephone number unless the Advertiser discloses to them a BT land line number (or similar).

12 Errors and Omissions - Limitation of Company's Liability

12.1 The Advertiser shall check the advertisement and notify the Company immediately in writing of any errors. The Company has no responsibility for the repetition of errors in a series of advertisements unless notified by the Advertiser.

12.2 In the event of any error, misprint or omission in the printing of an advertisement the Company will either re-insert the advertisement or relevant part thereof, or make a reasonable refund or adjustment to the cost. No re- insertion, refund or adjustment will be made where the error, misprint or omission does not materially detract from the advertisement.

12.3 In no circumstances shall the Company's total liability (including consequential liability) in respect of any error, misprint or omission exceed either the amount of a full refund of any price paid to the Company 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.

12.4 The Company shall not be liable for any loss or damage (including consequential loss or damage) occasioned by any total or partial failure for reasons beyond the Company's control of publication or distribution of any newspaper, edition, supplement thereof or other publication in which any advertisement is scheduled to appear.

13 Assignment

13.1 The Company shall be entitled to assign its contract with the Advertiser or any of its rights or benefits thereunder to any other company within the group of Johnston Publishing Limited.

13.2 The Advertiser may not assign, transfer, sub contract, charge or in any other way deal with any of its rights or obligations under this Agreement without the Company's prior written consent.

14 DATA PROTECTION ACT

14.1 The Company will hold information we obtain in our dealings with customers and may share it with other companies in the Johnston Publishing Ltd Group. We and other Johnston Publishing Limited companies may use this to tell you of other services we think will interest you, to administer your account for statistical purposes, for debt collection and for fraud and crime prevention.

14.2 Telephone calls to the company may be monitored or recorded for staff training purposes.

14.3 If you do not wish your information to be used for marketing purposes, please write to the company. P.o. Box 168 Wellington Street, Leeds LS1 1RF You may write to us for a list of Group companies.

ORDERS FOR THE INSERTION OF ADVERTISEMENTS ARE ACCEPTED SUBJECT TO THE FOLLOWING PAYMENT TERMS

1 General In these Conditions:

1.2 "the Advertiser" means any person or company placing with the Company an order for the publication of an advertisement in any of that Company's newspapers, or other publications.

2 Rates

2.1 The rates charged for the insertion of advertisements shall be those set out in the Company's rate card in force at the time the order is placed. The rate card is subject to change at any time and may vary between Companies and publications within the Johnston Publishing Limited group of titles. Copies are available on request.

2.2 It is the responsibility of the Advertiser to bring to the Company's attention at the time of booking any discount, allowance or exemption from Value Added Tax to which entitlement is claimed.

2.3 All gross advertising rates (except classified lineage and semi display) are subject to the Advertising Standards Board of Finance (ASBOF) levy from time to time (currently 0.1 %) payable by the Advertiser to help finance the self regulatory system.

3 Advertising Agencies

3.1 Commission will only be granted to agencies formally recognised by the Newspaper Society or the Company at the time of placing the order. The rate of commission payable will be determined by the Company and may be varied or withdrawn at the Company's discretion at any time, subject to giving the advertising agency seven days written notice thereof.

3.2 All advertising agencies claiming commission must quote order numbers for every booking made.

3.3 The Company reserves the right to vary these terms of acceptance of advertising and payment in respect of any advertising agency at the Company's discretion, subject to giving the advertising agency seven days written notice thereof.

4 Time of Payment

4.1 Pre-payment may be required for any advertisement at the Company's discretion.

4.2 Save as provided for under Clause 4.1 above, 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 the 24th 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 the Company, then the full amount in respect of all advertising published and all other amounts accruing from the Advertiser shall become due and payable.

4.3 The Company reserves the right to withdraw credit facilities from any Advertiser at the Company'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.

4.4 All payments must be accompanied by the remittance advice issued by the Company.

4.5 Any query in respect of an invoice must be brought to the attention of the Company within seven days of its issue.

5 Late Payments

5.1 The Company shall be entitled to charge interest on all sums due at a rate of 8% above the base rate for the time being of Lloyds TSB Limited until payment is received, after as well as before any judgement is obtained.

5.2 The Company shall be entitled to add to any sums due any reasonable costs and expenses (including administrative costs) incurred by the Company in obtaining payment thereof on an indemnity basis.

5.3 The Company shall be entitled to charge the Advertiser �15.00 in respect of any cheque tendered which is not met upon presentation (and to vary this charge at any time without notice).

5.4 The Company reserves the right to exercise a lien over any documents or other property of the Advertiser in its possession if the Company's charges are not paid in accordance with these terms and the Company's rate card from time to time.

Should you have any queries please do not hesitate to contact us on 0113 243 2701 and ask for the Accounts Department.