EVEGATE PUBLISHING LIMITED
Terms and Conditions for Advertisers
Telephone calls made to EPL and calls from EPL may be recorded.
1. All Advertisements accepted for publication by EVEGATE PUBLISHING LIMITED (‘EPL’) in any of its print or online publications are accepted subject to these terms and conditions. Any other conditions proposed by the Buyer shall be void unless accepted by EPL in writing.
2. In these conditions:
“Advertiser” means the person whose goods or services are advertised;
“Advertisement” means display, recruitment, online, email, mail order and classified advertising and shall include inserts, supplements and re-directed advertisements and printed items, leaflets, brochures, special features / reports, editorials and photojournalism online and/or in print and stationery produced and/or printed for the Advertiser or Buyer;
“Buyer” means the person placing the order for the insertion of the Advertisement;
“Medium” means the print or online publication taking the booking.
“EPL Site” means the EPL website(s) onto which an Advertisement is sold
3. All Advertisements are accepted subject to space being available in the Medium.
4. EPL reserves the right to cancel any order without liability in the event of becoming aware of any meetings of creditors, bankruptcy, liquidation proceedings, the appointment of a receiver or administrative receiver over the whole or substantial part of the Buyer’s assets, or any indication whatsoever of financial difficulties.
5. These conditions and all other express terms of the contract between EPL and the Buyer shall be governed and construed in accordance with the Laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
BUYER TO CONTRACT AS PRINCIPAL
6. The Buyer warrants that the Buyer contracts with EPL as principal notwithstanding that the Buyer may be acting directly or indirectly for the Advertiser as an advertising agent or media buyer or in some other representative capacity. Where the Buyer is the Advertiser’s advertising agency, the Buyer warrants that it is authorised by the Advertiser to place the Advertisement with EPL.
DELIVERY AND OWNERSHIP OF MATERIALS
7. Copy, wording or artworks whether digital or physical (‘copy’) must conform to EPL’s requirements and EPL reserves the right to charge for any additional work involved in amending the copy of the Advertisement to conform to its requirements.
8. Any intellectual property rights in designs prepared by EPL shall remain the property of EPL and Advertisements including such designs may not be reproduced without EPL’s consent.
9. If an Advertisement includes a promotion, competition or a special offer of merchandise the Advertiser must provide full details to EPL on request.
PRICES AND PAYMENT TERMS
10. Prices published by EPL from time to time are subject to revision at any time and orders are accepted on the condition that the price binds EPL only in respect of the period specified in the applicable rate card.
11. Series discounts apply only to orders placed in advance and completed within the agreed period. EPL reserves the right to adjust advance discounts and/or to surcharge in the event of a series of Advertisements not being completed within that period. If the Buyer cancels the balance of a contract to publish a series of Advertisements, except in the circumstances set out in paragraph 23, it relinquishes any series discount and all Advertisements will be paid for at the appropriate rate.
12. Prices are exclusive of applicable Value Added Tax which the Buyer shall additionally be liable to pay to EPL.
13. Credit accounts must be settled in accordance with the terms shown on the invoice, which are strictly net. In default, all outstanding transactions will become liable for immediate settlement. Interest will be charged monthly on overdue accounts at the rate of 2.5% above the LloydsTSB Banking Group Minimum Lending Rate.
14. In the event of a bounced cheque, a handling and administration charge of £35 will be charged to your account.
15. Overseas advertisers may be charged an additional £15.00 to cover currency transactions.
LIMITATIONS ON EPL’S LIABILITY
16. Except to the extent specified in paragraph 15, EPL shall not be liable for any loss or damage suffered by the Buyer as a result of any total or partial failure (howsoever caused) of publication, distribution or availability of any Medium in which any Advertisement is scheduled to be included or for any error, misprint or omission in the printing of any Advertisement. In the event of a printing error or omission, which detracts materially from the Advertisement, EPL will either reinsert the Advertisement or relevant part of the Advertisement in a subsequent issue or make a reasonable refund of or adjustment to the price paid by the Buyer. No reinsertion, refund or adjustment will be made for any other error or omission.
17. The total liability of EPL to the Buyer for any act or omission of EPL, its servants or agents relating to any Advertisement shall not exceed the amount of a full refund of any price paid to EPL for the Advertisement or the cost of a reasonably comparable further or corrective Advertisement. Without limiting the foregoing, EPL shall not be liable for any loss of profits or business or for indirect or consequential loss. EPL accepts no liability for the repetition of an error in an Advertisement ordered for more than one insertion unless notified immediately the error occurs. Complaints regarding reproduction of printed Advertisements must be received in writing within one calendar month of the cover date.
18. EPL accepts no responsibility for the quality of reproduction of any photograph supplied by the Buyer, its agents or servants.
CANCELLATION OR SUSPENSION
19. Cancellation or suspension of an Advertisement by the Buyer must be received in writing by EPL within the period specified by the appropriate Medium. Periods for acceptance of cancellation or suspension vary in accordance with differing production requirements.
20. EPL reserves the right to omit or suspend an Advertisement at any time for good reason, without liability to the Buyer and shall notify the Buyer as soon as possible. If such omission or suspension is due to the act or default of the Buyer, the Advertiser or their respective servants or agents, then the Buyer shall pay for the Advertisement in full notwithstanding that the Advertisement has not been published.
BUYER’S WARRANTIES AND INDEMNITIES
21. The Buyer warrants that the Advertisement does not contravene the British Code of Advertising Practice and is not in breach of any relevant legislation, including the Race Relations Act 1976, the Sex Discrimination Act 1976 (both as amended), the Disability Discrimination Act 1995, the Employment Equality (Age) Regulations 2006 and the Obscene Publications Act and also including any legislation or regulation, such as those relating to the provision of Financial Services, which apply to specific Advertisers, products or services.
22. If any Advertisement submitted for publication contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or copy by which any living person is or can be readily identified, the Buyer warrants that the Buyer or the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy.
23. The Buyer will indemnify and hold harmless EPL from and against any claim that the Advertisement infringes the copyright, trademark or other intellectual property rights of any person or that it is defamatory or infringes any other right of any person. EPL reserves the right to withdraw and/or refuse to publish an Advertisement without liability to the Buyer if it reasonably believes that the Advertisement may make EPL or the Advertiser liable to any complaint, claim or proceedings.
24. The Buyer is solely responsible for fulfilling and dealing with any orders or enquiries relating to the goods, services or promotion to which the Advertisement relates and will indemnify and hold EPL harmless accordingly.
25. Copy must be supplied by the Buyer without application from EPL. If copy instructions are not received by the agreed date, no guarantee can be given that any agreed proofs will be supplied or corrections made and EPL reserves the right to repeat the most appropriate recent copy or omit the Advertisement. Where a layout or proof is submitted to the Buyer, it must be returned on the date specified and EPL reserves the right to publish the Advertisement in the same form as any layout or proof submitted if the layout or proof is not returned on the date specified. In any of these cases, the total price of the order will remain unaltered.
26. If, at its discretion, EPL considers it necessary to modify the space or alter the date or position of the Advertisement or make any other alteration to an Advertisement accepted for insertion, the Buyer will have the right to cancel the publication of the Advertisement if the alterations requested are unacceptable.
27. Where an Advertisement has been accepted by EPL and includes inserts EPL reserves the right to charge the full price if the inserts fail to arrive at the agreed time and place for insertion.
28. Charges will be made to the Buyer where printers are involved in extra production work owing to acts or defaults of the Buyer or the Advertiser.
29. EPL cannot guarantee the position of any printed Advertisement. Advertisements will be placed as near as possible to a selected position as the page make-up permits. EPL reserves the right to modify the wording of any classification or trade heading in the Medium or the Advertisement.
30. Requests for cancellation or reduction of an order may be considered but only if received in writing by EPL within 28 (twenty eight) days from signing the order providing that such notification is made at least 28 (twenty eight) days prior to the final copy date.
31. Changes in printed copy must be confirmed in writing by the Buyer in time for the changes to be made to the Advertisement by EPL. EPL reserves the right to charge for any additional expenses involved in such changes.
32. The Buyer must deliver complete creative content to EPL at least 2 working days before 9am on the go-live date in a format which complies with EPL’s online ad formats for such content. To cancel or alter an order the Buyer must inform EPL by email or fax to the number or address on the order, at least 2 working days before 9am on the go-live date. Otherwise, EPL may not be able to achieve the specified go-live date but the Buyer must pay the full amount irrespective of whether any delivery target for impressions have been met.
33. If the Buyer is supplying creative content in the form of a redirected advertisement the Buyer must inform EPL by email at least one working day prior to go-live date or change of creative of all the creative to be used in rotations and before creative content is changed following the go-live date.
34. If an Advertisement links to another site, the Buyer is responsible for maintaining the link and for the content of the linked site. EPL may remove any Advertisement which contains content or links to a site which, in EPL’s opinion, is defamatory or objectionable or will bring EPL into disrepute. The Buyer will indemnify EPL from and against any claims or liability arising from links contained in an Advertisement.
35. Advertisements may contain only such information and code as is necessary to run the Advertisement effectively on the relevant EPL Site. Advertisements may not contain tags, cookies, beacons or similar technology which identifies users of any EPL Site or enables the Buyer or any third party to serve such users with any advertising other than the Advertisement.
36. If an Advertisement is supplied which does not comply with these terms and conditions or EPL receives complaints regarding an Advertisement, EPL may, at its discretion, remove the Advertisement from display without reference or liability to the Buyer.
37. Where an Advertisement is sold on a cpm basis, EPL will provide the Buyer with delivery statistics and campaign reports on a regular basis throughout the campaign period only if the provision of such data has been agreed in writing by EPL. The statistics and other reports provided by EPL shall, in the absence of manifest error, be binding on the Buyer and are in lieu of any other right of audit.
38. The Buyer’s sole remedy if EPL, or its third party subcontractors who may host and serve Advertisements from time to time, make an error in displaying any Advertisement is the cost of re-running the relevant Advertisement. Neither EPL nor its subcontractors shall be liable for failure to display the Advertisement caused by circumstances outside their control.
39. Any Buyer or Advertisers who is either an employment agency or an employment business (as defined by the Employment Agencies Act 1973 (‘the Act’)) must ensure that Advertisements comply with their obligations under the Act and the Conduct of Employment Agencies and Employment Businesses Regulations 2004.
40. Buyers and Advertisers agree to deal fairly and professionally with individuals who may respond to a recruitment related Advertisement and to indemnify EPL from and against any claim brought by an individual against EPL arising from a breach of this obligation or any other of these terms and conditions.
RESPONSE TO ADVERTISING
41. EPL does not guarantee any response to Advertisements or that responses will be from individuals targeted by the Advertiser or Buyer. It is the Advertiser’s responsibility to carry out such checks and procedures as are necessary to ensure response is suitable.
42. Unless otherwise stated, the copyright and any other rights in all material which shall include inserts, supplements and artworks and printed items, brochures, special features / reports, editorials and photojournalism online and/or in print and stationery produced and/or printed, written or designed for the Advertiser or Buyer by Evegate Publishing Limited are owned by EPL and may not be reproduced, re-printed, published elsewhere or stored in any other website without the prior written consent of Evegate Publishing Limited. Any rights not expressly granted in these terms are reserved.
43. You are permitted to print and download extracts from this website on the following bases:-
a. Use of documents and text and related graphics on this website is for information and/or personal use only, any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use.
b. No documents or related graphics on this website are to be modified in any way.
c. Graphics on this website are not to be used separately from the accompanying text.
d. EPL copyright notice (i.e. © Evegate Publishing Limited) must appear on all copies.
No part of this website may be reproduced or stored in any other website without the prior written consent of Evegate Publishing Limited.
Any rights not expressly granted in these terms are reserved.
These terms may be amended by EPL at any time by updating them on our website. You should review these terms and conditions every time you access any EPL website or associated website.
By accessing any part of this website, you shall be deemed to have accepted these terms in full.