THESE TERMS AND CONDITIONS SHALL APPLY TO ANY ADVERTISING ORDER YOU MAY PLACE WITH US.

TERMS AND CONDITIONS OF ACCEPTANCE OF ADVERTISEMENTS (NEWSPAPER AND WEBSITE) (the “conditions”)

In these Conditions:

  • “the Publisher” means 901City.com; and 
  • “the Advertiser” means any person or company placing with the Publisher an order for the publication of an advertisement in any of the Publisher’s newspapers, other publications and/or hosted websites. 

For the avoidance of doubt, in this section the words “published” or “Publication” shall mean published in any newspaper and/or on any Website(s) owned and produced by the Publisher. 

Orders for insertion of advertisements in the Publication and/or on the Website are accepted at the sole discretion of the Publisher and are subject to the following conditions:-

1. Warranty. The placing of an order constitutes a warranty from the Advertiser to the Publisher that the advertisement:

  • is legal, decent, honest and truthful, complies with the United States of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code), with any other relevant codes of practice and with the requirements of current legislation; and 
  • does not:
    • defame, abuse, harass, stalk, threaten or otherwise violate or infringe the rights of any person or entity (including rights of intellectual property (including moral rights), confidentiality, or rights of privacy); and/or
    • contain any material which is unlawful, illegal, condones illegal or unlawful behaviour,  indecent, defamatory, hateful or racially, ethnically, sexually orientated or otherwise offensive or objectionable, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety.

2. Links. No hyperlinks or metatags may be included in any advertisements save with the express prior written permission of the Publisher.

3. Indemnity. The Advertiser agrees to indemnify the Publisher in respect of all costs, claims, damages, or other charges arising directly or indirectly as a result of the publication of the advertisement(s).

4. No Guarantee. While every endeavour will be made to meet the reasonable requests of the Advertiser, the Publisher does not guarantee the publication of any particular advertisement or its publication on any particular date or in a particular part or edition of the publication/website or to be inserted under a particular classification.

5. Errors. It is the responsibility of the Advertiser to check the first appearance of any series of advertisements and notify the Publisher immediately of any errors. The Publisher assumes no responsibility for reviewing or correcting any errors in the advertisements. In the event of any error, misprint or omission in the Publication or the Website of an advertisement or part of an advertisement due to the direct fault of the Publisher, paragraph 6 shall apply. No re-publication, refund or adjustment will be made where the error, misprint or omission does not materially detract from the advertisement.

6. Limitation of Liability. The Publisher’s sole liability for any error, misprint, omission or in respect of any other liability in relation to these Conditions shall in all cases be limited to (at the Publisher’s discretion):

  • the amount of a full refund of any price paid to the Publisher 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 the liability arose.

7. Save as set out above, the Publisher accepts no liability in respect of any loss or damage occasioned directly or indirectly as a result of publication of any advertisement or any loss or damage occasioned directly or indirectly by any total or partial failure (however caused) of publication of any advertisement or of any title or website in which any advertisement is or was scheduled to appear.

8. Without prejudice to the foregoing, the Publisher accepts no liability in respect of any loss or damage alleged to have arisen through delay in forwarding or omitting to forward replies to box numbers to the Advertiser (however caused). The advertiser hereby authorises the Publisher to return to its originator or destroy any communication which, in the opinion of the Publisher, should not be delivered to the Advertiser.

9. The Publisher may refuse any advertisement or if already accepted, cancel the order at any time by giving reasonable notice before the next insertion, but in that event, the Advertiser shall not be liable for payment of the difference (if any) between the rates for the series specified in the order and the usual price for the series of insertions which has appeared when the order is stopped.

10. In no event shall the Publisher be liable for any consequential or indirect losses, or any loss of revenue, loss of actual or anticipated profits (including for loss of profits on contracts), loss of anticipated savings, loss of business; loss of opportunity, loss of goodwill, or loss of reputation. 

11. The limitations and exclusions in these Conditions shall apply to the fullest extent permitted by applicable law.

12. Refusals and Amendments. Mail order advertisements will not be accepted for publication by the Publisher unless the Advertiser completes and returns to the Publisher a Mail Order Guarantee Form, produced by the Newspaper Organisation Limited, trading as News Media Association, prior to the deadline for publication of the advertisement.

13. Cancellation. Orders cannot be cancelled once the Publisher has commenced to carry out the order in accordance with the first publication date requested by the Advertiser. In other cases the Publisher will require seven clear working days’ notice of cancellation of any order or unexpired part of an order, or in the case of an advertisement which by reason of its position is chargeable at a premium rate, not less that twenty-eight clear working days’ notice. All cancellations must be notified in writing or by email.

14. Not acting as an individual. The Advertiser warrants that it is acting and shall act in a business capacity on behalf of its business and is not acting as an individual or as a consumer in relation to the request for any advertising services.

15. Self Service Advertising. The Publisher reserves the right to edit any advertisements created through its online self service facilities. The Publisher may remove photographs and alter text based content. It is the responsibility of the Advertiser to check their self-created online advertisement on a regular basis and to notify the Publisher of any apparent issues. All self-service access is password controlled. It is the responsibility of the Advertiser to keep their password confidential and secure. The Advertiser is completely responsible for activities that happen under its account and password. If the Advertiser becomes aware or has reasonable grounds to believe there has been unauthorised use of the Advertiser’s account or password, the Advertiser shall immediately notify the Publisher and follow any instructions received from the Publisher in relation to the security breach. The Advertiser shall indemnify the Publisher against all liabilities, costs, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs) that the Publisher suffers as a result of unauthorised third party access to the Advertiser’s account and the self-service platform. The Publisher will not issue compensation should any website be temporarily unavailable for any period of time. Any notice of advertisement withdrawal must be submitted to the Publisher in writing. The Publisher will endeavour to carry out the request within a time period agreed with the Advertiser.

16. Copyright. The copyright for all purposes in all artwork, copy, video, audio and other material which the Publisher or his employees have originated, contributed to or reworked shall vest in the Publisher. The Advertiser authorises the Publisher to record, reproduce, publish, distribute and broadcast (or to permit the same) all advertisements (including, but not limited to text, artwork, video and photographs) and to include and make them available in any information service, electronic or otherwise.

17. Consents. The placing of an order constitutes an assurance by the Advertiser that all necessary authority and consents have been secured in respect of the use in the advertisement(s) including: (a) of pictorial or any other representations of (or purporting to be of) living persons, and of references to any words attributed to living persons and (b) any material the copyright in which vests in a third party.

18. Risk. Any material submitted by the Advertiser is held by the Publisher at the Advertiser’s risk and should be insured by the Advertiser against loss or damage from whatever cause. The Publisher reserves the right to destroy without notice all such property after the date of its last appearance in an advertisement.

19. Box Numbers. The Publisher will endeavour to forward all replies to a box number to the Advertiser as soon as is possible after receipt, but the Publisher 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 Publisher to examine material passing through boxes and to return to its originator any communication which, in the opinion of the Publisher, should not be delivered to the Advertiser.  Advertisements from dealers are not accepted under a box number.

20. Rates. The rates charged for the transmission of any advertisement shall be those set out in the Publisher’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 Publisher’s group of titles. Copies are available on request.  It is the responsibility of the Advertiser to bring to the Publisher’s attention at the time of booking any discount, allowance or exemption from VAT (Value Added Tax) to which entitlement is claimed. 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.

21. Advertising Agencies. Commission will only be granted to agencies formally recognised by the Newspaper Organization Limited, trading as News Media Association or the Publisher at the time of placing the order. The rate of commission payable will be determined by the Publisher and may be varied or withdrawn at the Publisher’s discretion at any time, subject to giving the advertising agency seven days written notice thereof. All advertising agencies claiming commission must quote order numbers for every booking made.

22. Time of Payment. Pre-payment may be required for any advertisement at the Publisher’s discretion. Where pre-payment is not required, subject to completion and approval of a Credit Application Form, 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: 

  • that specified to the Advertiser when credit terms are granted; or
  • the 30th day of the month following the month in which the invoice was dated.

23. Should the Advertiser be in breach of these terms, or of any contract with the Publisher, then the full amount in respect of all advertising published and all other amounts accruing from the Advertiser shall become due and payable. The Publisher reserves the right to withdraw credit facilities from any Advertiser at the Publisher’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. All payments must be accompanied by the remittance advice issued by the Publisher or a similar document approved by the company. Any query in respect of an invoice must be brought to the attention of the Publisher in writing within seven days of its issue.

24. The Publisher may in its sole discretion agree to the Advertiser paying for the video creation element of any advertising campaign (if applicable) by way of monthly instalments. In the event of (i) cancellation by the Advertiser in accordance with Clause 13 (ii) cancellation by the Publisher in accordance with Clause 9 (iii) breach by the Advertiser under Clause 23 or (iv) termination by the Publisher in accordance with Clause 37, any sums outstanding in respect of the video creation element of the campaign shall be payable immediately in full.

25. Late Payments. The Publisher shall be entitled to charge statutory interest and claim compensation for debt recovery costs pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).

26. The Publisher shall be entitled to add to any sums due any reasonable costs and expenses (including administrative costs) incurred by the Publisher in obtaining payment. 

27. The Publisher shall be entitled to an administration charge from the Advertiser of $25.00 in respect of any cheque tendered which is not met upon presentation, or for any unmet Direct Debit. 

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

29. All amounts due shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

30. Data Protection. The Advertiser’s personal data shall be processed in accordance with our Privacy Policy . The Advertiser warrants that its advertisements shall comply with all applicable data protection law, and that it has received any consents that may be required in order for the Publisher to publish and use the advertisement. The Advertiser shall indemnify the Publisher against any costs, liability, or losses that it may incur if the foregoing warranty is breached.

31. Disclosure of Identity. The Publisher reserves the right to disclose the name and address and any other account details of advertisers and/or agencies to the police, trading standards officials, or any other relevant authority and, where the Publisher in its sole discretion deems it reasonable, to other third parties.

32. Advertising Orders issued by an Advertising Agency. Advertising orders are issued by an advertising agency as a principal and must be on the agency’s official form. The advertising agency warrants that it has the requisite authority to place the order on behalf of the principal, and to bind the principal to the terms set out in these Conditions. The advertising agency shall indemnify the Publisher against any costs, liability, or losses that it may incur if the foregoing warranty is breached. When copy instructions not constituting an official order are issued, they shall be clearly marked “Copy instruction – not an order”.

33. News Media Association. The terms of the Recognition agreement between the News Media Association and the Publisher, or between the News Media Association and the Newspaper Proprietors Association and recognised advertising agencies are deemed to be incorporated in these conditions of acceptance of advertisement orders for the publication and transmission of all advertisements accepted from the recognised advertising agency. Without prejudice to the generality of these terms, these conditions of acceptance specifically extend to any personal guarantee given by the Directors or any other person on behalf of a recognised agency at the time of recognition in respect of any unsatisfied liabilities of the agency in the event of the agency’s liquidation or insolvency. Such guarantee is part of these conditions of acceptance.

34. Acceptance. The placing of an order for the insertion of an advertisement shall amount to an acceptance of these Conditions and any conditions stipulated on an agency’s or Advertiser’s order form or elsewhere by an agency or an Advertiser are hereby expressly rejected.

35. Advertiser Responsibilities. The Advertiser shall provide the Publisher with all information and assistance necessary in order for the Publisher to fulfil any advertising orders, and the Publisher shall not be liable for any delay in such fulfilment due to the fault of the Advertiser.

36. Amendment. The Publisher may amend these Conditions from time to time. The Publisher recommends that the Advertiser regularly reviews these Conditions. 

37. Termination. The Publisher may terminate all or part of any order with immediate effect by giving written notice to the Advertiser or advertising agency if:

  • the Advertiser commits a material breach of any provision of these Conditions, or a series of breaches of these Conditions which when taken together amount to a material breach of these Conditions;
  • the Advertiser or advertising agency cease or threaten to cease to carry on the whole or any part of their business or are unable to pay their debts as they fall due;
  • the Advertiser or advertising agency convene a meeting of their creditors or a resolution is passed or proposed for their voluntary winding up or a petition for their compulsory winding up is presented or proposed;
  • an administrator, receiver, manager or supervisor of a composition or scheme is appointed or applied for by Advertiser or advertising agency;
  • the Advertiser or advertising agency undergo a change in control (other than as a result of reorganisation, amalgamation or reconstruction without insolvency);
  • the Publisher suffers from any event or circumstance which is beyond our reasonable control or which the Publisher could not reasonably be expected to have taken into account at the date of the relevant order, and which results in or causes our failure to perform any or all of the Publisher’s obligations under these Conditions; or
  • the Advertiser or advertising agency provide an address (including a branch address) or business name that is not a genuine trading address or a genuine business name, as the case may be.

General

38. A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

39. Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

40. The Advertiser shall not assign or otherwise dispose of all or any of its rights or obligations under the Contract without obtaining the Publisher’s prior written consent. The Publisher may assign any of its rights or obligations under these Conditions upon written notification to the Advertiser.

41. Failure of the Publisher to assert its rights in relation to any breach of these Conditions shall not constitute a waiver of such rights, nor will any such waiver be implied.

42. Each provision of these Conditions shall be construed separately and shall be severable from these Terms and Conditions. If any provision of these Conditions (or portion thereof) is invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of these Conditions will not be affected or impaired.

43. The headings of these Conditions are for convenience only.

44. Each party agrees that in entering into the Conditions it has not relied on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Conditions or not). Nothing in this paragraph shall, however, operate to limit or exclude any liability for fraud.

45. Subject to the rest of this paragraph, a person who is not a party to the Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms. The Publisher contracts in its own name, on its own behalf and for the benefit of all other members of its group. Each member of its group shall be entitled to enforce the terms of this Conditions in its own right.

46. These Conditions constitute the entire agreement between the Advertiser, the advertising agency (if applicable) and the Publisher with respect to the subject matter hereof, and supersedes all prior discussions, agreement or understanding.

47. Governing Law and Jurisdiction: These Conditions be subject to the laws of the United States and the parties submit to the exclusive jurisdiction of the Shelby County Tennessee.


BROWSE

ADVERTISE

MEMBERS

CONTACT
Scroll to Top