Advertiser Terms and Conditions
1. In these terms and conditions (the "Advertising Terms and Conditions"), (a) "the publisher" means Candace finance,(b) "buyer" means the person placing the order to insert the advertisement, whether such person be the advertiser of the product/service (the 'advertiser') or the advertiser's advertising agency or media buyer; (c) an 'advertisement' means the matter to be published or separately inserted.
The publisher offers the service of publishing advertisements in Candace2finance.com and in Candace's portfolio, online or in print.
The buyer's general obligations
2. The buyer contracts with the publisher as principal. Where the buyer and the advertiser are different persons, the buyer warrants that it is properly authorised to place the advertisement on behalf of the Advertiser.
3. The buyer warrants that in relation to an advertisement as submitted or subsequently amended:
(a) the reproduction and/or publication of such advertisement will not breach any legislation, regulation (governmental or otherwise) or contract or infringe or violate any copyright, trademark, or other personal or proprietary right of any person or render the publisher liable to any proceedings whatsoever;
(b) all advertising copy submitted to the publisher is legal, decent, honest and truthful and complies with the British Code of Advertising Sales Promotion and Direct Marketing and all other relevant codes under the general supervision of the Advertising Standards Authority, OFCOM or any other applicable body; and
(c) in relation to any financial promotion the advertiser is, or the contents of the advertisement have been approved by, an authorised person within the meaning of the Financial Services and Markets Act 2000 and related legislation including but not restricted to Financial Services and Markets 2000 (Financial Promotion) Order 2001 or that the advertisement is otherwise permitted under that Act or related legislation.
4. The copyright for all purposes in all artwork, copy and other material which the publisher or its employees have originated or reworked shall vest in the publisher. The buyer grants the publisher a licence to reproduce in Candace's portfolio all material not so vesting unless specifically agreed otherwise.
5. The buyer agrees to check the correctness of the advertisement. Any complaint, whether about the advertisement (and of each individual advertisement if part of a series) or the details contained in the invoice or email confirmation of booking (as the case may be), must be raised with the publisher within 7 days of publication or receipt of invoice or email confirmation of booking (whichever is the earlier) and will not affect the liability for payment at the due time.
6. The buyer will indemnify the publisher and keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever incurred by the publisher arising directly or reasonably foreseeable as a result of any breach or non-performance by the buyer of any of the representations, warranties or other terms herein contained or implied by law.
7. All material contained in Candace’s portfolio is published in good faith, the publisher does not in any circumstances accept responsibility for the accuracy or otherwise of any advertisement or message published or its compliance with any legal or regulatory requirements (nor is any kind of warranty expressed or implied by such publication). The publisher specifically disclaims all and any liability to the buyer, advertisers, readers and users of any kind (other than death or personal injury caused by the publisher's negligence or breach of statutory duty) for loss or damage of any nature whatsoever and however arising, whether due to inaccuracy, error, omission or any other cause, and whether on the part of the publisher or its employees or agents or any other person. Save in the case of death or personal injury caused by the publisher's negligence or breach of statutory duty, under no circumstances shall the publisher be liable to the buyer or the advertiser or any other party for any special, incidental, indirect or consequential damages of any kind, including, without limitation, those resulting from loss of sales, loss of goodwill, loss of profits, whether or not the publisher was advised of the possibility of such losses. In all other respects, the publisher's liability shall be limited to either (a) placement of a new advertisement the same or similar to the advertisement originally booked in either Candace's portfolio or (b) the amount paid or payable by the buyer.
8. The buyer agrees that the publisher has no liability in respect of any box numbers and agrees not to use box numbers for sending original documents, goods or payments of any kind, nor for the distribution of circulars. Box number replies will be collected only by the buyer or the buyer's nominee. An additional fee will be charged to the buyer for use of a box number.
The buyer's payment obligations
9. Payment in respect of the advertisement (including where relevant any associated production, late copy and box number charges) is due in advance of publication except where the publisher has confirmed its agreement in writing to allow credit to the buyer, in which case payment shall be due:
(a) if the buyer is a recognised agency under the Joint Recognition Scheme of the Newspaper Publishers Association Limited and the Newspaper Society, no later than 2pm on the last working day of the month following that in which the advertisement appeared; or
(b) in any other case, no later than 2pm on the last working day prior to the 16th day following the end of the month in which the advertisement appeared.
Full details of each remittance under this clause are to be supplied to the publisher by the due time. Payment shall mean (i) the receipt by the publisher at its principal place of business (or elsewhere as it may direct) of cash or a cheque subsequently honoured or at the bank of monies transferred electronically or through the clearing bank's Giro credit system or (ii) payment by credit card which may be subject to an additional administration charge. For the avoidance of doubt in determining the last working day of the month, only English bank holidays shall apply.
(a) In respect of consumer buyers, the publisher shall provide an email confirmation of booking for each advertisement published on candace2finance.com , no invoice will be provided to a consumer buyer for any print advertisement booking.
(b) In respect of trade buyers, the publisher shall provide no invoice for print advertisement with candace2finance and no email confirmation of booking for each advertisement placed on candace2finance.com. Liability for payment arises before publication of the insertion/advertisement. Payment for the advertisement shall be made whether or not the buyer shall have provided the publisher with a promise an advertisement will be paid for.
11. The buyer agrees to pay the publisher in respect of each advertisement for which payment is not made by the due time: (a) the sum of £25 as an administration charge and (b) the interest on the amount paid late at the rate of four per cent above the base rate of Santander Bank plc accruing from day to day (including the day on which payment was due) both before and after judgement. Any such additional charge is payable within seven days following any bounced cheques being recieved.
The publisher's obligations
12. The publisher will endeavour to reproduce and prepare colour and mono advertisements as requested but cannot guarantee that reproduction will meet its normal standards. In any event the publisher shall have no liability where the buyer has supplied material not in accordance with the publisher's specifications as set out in the rate card or as available on request.
13. The publisher may decline to publish, or omit, suspend, edit, change the position or require amendment of all or any part of any advertisement accepted for insertion. The publisher is not obliged to publish any advertisement on a particular day or in a particular position.
14. The publisher will not be liable for any loss of copy, artwork, photographs or other materials. The buyer warrants that it has retained copies and the originals of advertisements.
15. The buyer may cancel an advertisement only in accordance with this clause 15. The buyer's right to cancel depends upon whether he or she is a "consumer" (as that term is defined in the Consumer Protection (Distance Selling) Regulation 2000 (the "Regulations")) or not (ie a "trade buyer") as follows:
(a) A "consumer" buyer as defined in the Regulations may cancel the placement of an advertisement at any time up to the expiry of seven working days beginning with the day after the day on which the "consumer" buyer places its order for an advertisement. However, the "consumer" buyer accepts that if the publisher commences providing services in relation to the placing of the advertisement prior to the expiry of such seven day cancellation period with the "consumer" buyers agreement, the "consumer" buyer will lose his or her right to cancel. To simplify, the "consumer" buyer agrees that (i) in respect of print only advertisements the publisher will start to provide services by 4:30pm, on the deadline day of the publication of the advertisement (ii) in respect of advertisements including an on-line element the publisher will start to provide services as soon as the advertisement is visible on-line. In either case the "consumer" buyer accepts that he/she will not have any right to cancel the advertisement unless the publisher is notified prior to the commencement of service provision.
(b) A trade buyer may cancel at any time between placing the order and by 12 o'clock on the deadline day of the publication of the advertisement.
Upon cancellation, the buyer shall be entitled to a full refund. If the buyer is deemed unable to pay its debts within section 123 of the Insolvency Act 1986, this may be treated as a cancellation.
16. Without prejudice to the publisher's entitlement to be paid, in the event of any error in the publishing of the advertisement caused by the act or omission of the publisher, the publisher at its sole discretion may either re-insert the advertisement or make a reasonable refund of 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.
17. There is no obligation on the publisher to supply voucher copies, tear sheets or other acceptable facsimile, illustrating publication and their absence shall not affect the buyer's liability for payment.
18. These Advertising Terms and Conditions apply to advertisements published within Candace's portfolio.
19. The publisher may repeat the publication of the advertisement on any other website or on any and all media now known or hereafter devised (including, without limitation, print, electronic, or digitised versions) owned or operated by the publisher, or any third party that the publisher has agreements with etc.
21. The placing of an order for an advertisement amounts to an acceptance of these terms (including any additional matters set out in a rate card) to the exclusion of any other terms and conditions. No variation shall be binding unless agreed in writing.
22. If any provision of these terms is held to be void or unenforceable in whole or in part, these terms shall continue to be valid as to the other provisions and the remainder of the affected provision. No waiver by the publisher shall be effective except in relation to the matter in respect of which it was specifically given.
23. The publisher may for its own benefit enforce in its own right any of these terms subject to and in accordance with the provisions of The Contracts (Rights of Third Parties) Act 1999. Except as provided by this clause, nothing in these terms is intended to confer on any person any right to enforce any provision of these terms which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.
24. These terms shall be construed under and governed by the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
Changes to the Terms and Conditions