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Upon placing an order you ("The Advertiser") will bebound
by the following terms and conditions:
1. In the terms and conditions "the publisher" means
Metropolis International (UK) Ltd.
2. The publisher reserves the right to amend the content,
heading, or insertion date of any advertisement. The Publisher
shall make any reasonable attempt, where practicable,
to contact the advertiser prior to such amendment and
the Advertiser shall in these circumstances have the option
to cancel the advertising contract. These conditions will
only apply where the Advertiser does not in his advertisement
comply with relevant legislation or where no new advertising
copy (which is in these terms and conditions means text
and/or graphics as appropriate) has been supplied or where
the Advertiser is an account customer and the Publisher's
credit terms have been exceeded.
3. In all other cases the Publisher will only accept
cancellations or amendments as follows:
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(i)
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In the case of advertisements booked to appear
in printed publications, the request for cancellation
or amendment must be received on a Monday before
5pm for the following Mondays issue. Although cancellation
or amendment requests can be made by telephone,
a cancellation number will be given to the advertiser
over the telephone. This cancellation number must
then be quoted in written confirmation of cancellation
or amendment. Telephone cancellations or amendments
will not be accepted in any other circumstances
after the deadline for written cancellation and
amendment.
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(ii)
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In the case of advertisements booked directly on
line in one of the Publishers electronic products,
notice of cancellation must be given by email from
the Advertiser to the Publisher, following which
the advertisement may then be removed prior t the
original expiry date.
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4. The Publisher will not be liable for any loss arising
from the failure to publish any advertisement in a specific
section or on a specific page or from the failure to publish
any advertisement in a specific issue or at all is such
failure is caused by circumstances beyond the control
of the Publisher.
5. The publisher shall not be liable in respect of errors
contained in the advertisements, where wrong information
has been supplied to the Publisher by the Advertiser or
where the Advertiser has failed to correct advertising
copy submitted by the Publisher, provided that the Publisher
has allowed the Advertiser sufficient time to correct
the advertising copy.
6. The Publisher shall be entitled to destroy all material
held in respect of any advertisement if the Advertiser
does not reclaim it within 6 months from the date of publication
of the last advertisement.
7.1 Account facilities are only available to trade advertisers.
When assessing applications for credit terms the Publisher
will make a search with a credit reference agency, which
will keep a record of that search and will share that
information with other businesses. The Publisher may also
make enquiries about the principal directors with a credit
reference agency. The publisher will monitor and record
information relating to your trade performance and such
records will be made available to credit reference agencies
who will share that information with other businesses
in assessing applications for credit and fraud prevention.
Such information will also be made available to other
organisations to assess applications for credit.
7.2 The Publisher reserves the right to amend, suspend
or withdraw account facilities at their absolute discretion
without notice. The Publisher shall attempt, where practical,
to contact the Advertiser prior to such amendment, suspension
or withdrawal. This will apply where eg the Publisher
receives unsatisfactory bank references or where an Advertisers
account is unpaid under the Publisher's credit terms.
8. The advertiser should be aware that his advertising
must comply with the current UK legislation including
The Trades Descriptions Act, The Fair Trading Act, The
Consumer Credit Act, The Sex Discrimination Act, The Race
Relations Act and The Business Advertisements (Disclosure)
Order. In addition all advertisements must comply with
the British Code of Advertising Practice.
9. The Advertiser shall be responsible for any losses,
expenses or other costs incurred by the publisher arising
in respect of the advertisement and/or its publication,
(eg if we have published an advertisement in good faith
and then action is taken against us by a third party because
of the content of the advertisement). This term will apply
only where the Publisher has not acted negligently.
10. Where the Publisher has (without making an additional
charge to the Advertiser for doing so) prepared or arranged
for the preparation of artwork, drawings, sketches, photographs
and text the Advertiser here grants to the Publisher all
intellectual property rights in such artwork, drawings,
sketches, photographs and text and these shall at all
times remain the Publishers property. No license is granted
to the Advertiser or any other person in respect of these
intellectual property rights. The Advertiser undertakes
not to reproduce or authorise any other person to reproduce
the said artwork, drawings, sketches, photographs and
text without the written consent of the Publisher.
11. The Advertiser agrees to notify the Publisher of
his trading status. It is an offence for traders to represent
themselves as private advertisers. The publisher can accept
no liability in respect of any trade advertisement where
the Advertiser's status as a trader has not been disclosed
to them.
12. The Advertiser is responsible for ensuring that noadvertising
copy supplied to the Publisher: (i) infinges or prejudices
the rights of any third party (including intellectual
property rights); or (ii) is defamatory of any third party;
or (iii) infringes any laws, regulations or voluntary
codes of conduct within any country in which the advertisement
is to bepublished.
13. All advertising copy must be received prior to the
Publisher's copy deadline and the Publisher shall not
be liable in the event of late delivery of copy by the
Advertiser. It is the responsibility of the advertiser
to supply copy to the Publisher and if it is not received
within the copy deadlines, the Publisher shall be entitled
to publish a previous advertisement (if appropriate).
The publisher shall in these circumstances attempt, where
practicable, to contact the Advertiser prior to publication.
14. The Publisher shall be entitled at its election,
and without additional cost to the Advertiser, to publish
the Advertiser's advertisement, or an appropriate extract,
additionally in other formats(including electronic formats)
than the format in which the advertisement was originally
booked, UNLESS the Advertiser instructs the Publisher
no to do so.
15. It is the intention of the publisher that all the
terms of the agreement between the Publisher and Advertiser
are contained in this document. If the advertiser wishes
to rely on any variation to these terms, such variations
must be agreed with the Publisher at the time that the
contract is entered into and confirmed in writing to the
Publisher as soon as possible thereafter. 16. The agreement
will be governed by the law of England and Wales and the
Publisher and Advertiser agree to submit to the exclusive
jurisdiction of the Courts of England and Wales in respect
of any disputes arising under the agreement.
Notes: All advertising is subject to the approval of
advertising copy and, where appropriate, an Advertiser's
Undertaking form must be completed.
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