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Law Society Gazette
Advertising terms and conditions (“the Terms”)
“Advertiser” means the individual or organisation
which contracts with the Society for the placing
of an Advertisement.
“Advertisement” means content to be printed on
the page of Society publications or loose or other
separate inserts in Society publications or content to be made available on Society websites.
“Agreement” means these terms and conditions,
the applicable Rate Card and any Order Form
issued by the Society in connection with a specific advertisement.
“Costs” means the sums payable by the Advertiser
to the Society for the Advertisement.
“Linked Website” means any website to which there is a hypertext link from an Advertisement.
“Order Form” means the written acceptance by
the Society of the Advertisement which may include Costs.
“Rate Card” means the rate card applicable
to the Advertisement in effect at the time of
order which may include, among other things
Costs, technical specifications, artwork, copy
specifications, copy and cancellation deadlines
and additional terms.
1. No variation to the Terms shall apply without
the prior written agreement of the Society.
2. The submission of copy to the Society shall
signify the acceptance of the Advertiser of the
Terms to the exclusion of all other terms, or
similar documentation issued to the Society by
the Advertiser.
3. If an Advertisement is placed by an advertising
agency or other form of media buyer, the advertising agency or media buyer warrants it is
entering into this Agreement with the Society as
principal, notwithstanding that it may be acting
directly or indirectly for another organisation, and
so, for the avoidance of doubt, the advertising
agency or media buyer shall constitute the
Advertiser for the purposes of this Agreement.
The Advertiser agrees there is no direct or
collateral contractual relationship between the
Society and the Advertiser’s client.
4. The Society shall be entitled at its absolute
discretion to refuse to publish any Advertisement
at any time prior to publication, without explanation or entering into any form of correspondence or dialogue with the Advertiser
excepting notification of such refusal.
5. The Advertiser shall be responsible for ensuring, and warrants that:
(i) the Advertisement and (as applicable) any Linked Website is legal, truthful, honest and decent and otherwise complies with the British Advertising Code of Practice and any other applicable codes, guidance or regulations provided under the remit of the Advertising Standards Authority;
(ii) the Advertisement and (as applicable) any Linked Website complies with all relevant primary and secondary legislation (including but not exclusively, the Trades Descriptions Acts 1968 and 1972 and the Financial Services and Markets Act 2000) as may be amended or revised from time to time;
(iii) the Advertisement as originally submitted
to the Society or as subsequently amended
on the instructions of the Advertiser and any Linked Website does not infringe any copyright, trademarks or other intellectual property or other proprietary rights of any third party and that the Advertiser has full and adequate permissions for the use of any and all third party intellectual property or other proprietary rights which the Advertisement and any Linked Website may contain
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(iv) if the advertisement is placed by an advertising agency or media buyer as principal,
that the Advertiser is authorised by its client to
place the Advertisement;
(v) that any electronic files provided by or
communications sent to the Society shall be
free of computer viruses, bugs, Trojan horses or
similar harmful components.
6. The Advertiser shall fully indemnify, and keep
fully indemnified, the Society against all claims,
costs loss or damages howsoever arising from
the breach of the warranties included under
paragraph 5 above and for the avoidance of doubt
shall include defamation, contempt of court,
malicious falsehood and privacy actions and the
Advertiser shall maintain suitable insurance for
its obligations under this paragraph.
7. The Society shall use all reasonable
endeavours to achieve agreed publication
dates for Advertisements. However, for the
avoidance of doubt the date of publication of an
Advertisement or series of Advertisements shall
not be of the essence of this Agreement.
8. The liability of the Society to the Advertiser
howsoever arising in respect of the publication
or non-publication of any Advertisement or
series of Advertisements, including from breach
of any of the Society’s obligations under this
Agreement, including, errors or omissions in
respect of Advertisement content, the breach
of any implied terms of fitness for purpose or
satisfactory quality, or any terms under any
collateral contract deemed to exist by a court or
tribunal of competent jurisdiction, or from the
act, omission or negligence of the Society or its
employees or agents, shall be limited to the sum
paid or payable by the Advertiser to the Society
in respect of the Advertisement in question.
In particular the Society shall not be liable to
the Advertiser or to any third party for any loss
of income, revenue, profits, goodwill or other
consequential or indirect loss or from damage to
or loss of materials provided to the Society by the
Advertiser. The Society does not exclude liability
for death or injury arising from the Society or its
agents or employees negligence.
8a. In cases of online Advertisements, the Society shall use reasonable endeavours to maintain technical access to its websites. However, because of the nature of the internet, the Society gives no warranty that access will not be uninterrupted.
9. The Society shall notify the Advertiser prior
to acceptance of the Advertisement of the Costs
which may include any series discount or other
adjustments to the Rate Card.
10. The Society shall be entitled to vary the Rate
Card at any time prior to publication upon written
notice to the Advertiser and in such an event the
Costs shall be varied accordingly. In the event of
the Society varying the Rate Card the Advertiser
shall be entitled to cancel the Advertisement or
the balance of a series of Advertisements without
further liability on written notice to the Society.
11. All Costs are exclusive of any VAT or other
applicable taxes.
12. All Costs under this Agreement are payable
in full and without set-off within 30 days of the
date of the invoice.
13. Any series discount provided by the Society
is offered solely on the basis of the Advertiser
completing the agreed series of Advertisements.
If at any time prior to the completion of the
series of Advertisements the Advertiser cancels the balance of the series, or this Agreement
is terminated by the Society due to the default
of the Advertiser, the Advertiser shall be
immediately liable for the balance of sums due
between the Rate Card Costs which would have applied to all published Advertisements in the series and discounted sums already paid by the Advertiser.
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14. All advertising charges (except classified
lineage and semi-display) are subject to a 0.1% Advertising Standards Board of Finance levy, payable by advertisers to help finance the self-regulatory system administered by the Advertising Standards Authority. Advertising agencies or media buyers shall be responsible
for collecting this surcharge from their clients and paying it to the Advertising Standards Authority.
15. Cancellation or administration charges, as
detailed in the Rate Card, or otherwise as may
be notified to the Advertiser, may apply to any
Advertisement cancelled by the Advertiser prior
to publication.
16. All copy must be submitted by the Advertiser in accordance with deadlines as detailed in the Rate Card or Order Form, or otherwise as may be notified to the Advertiser by the Society.
16a. In cases of online Advertisements, copy must be provided in the approved format.
17. Corrections to the copy may not be incorporated unless proofs are returned by any
date specified by the Society.
18. If copy or copy instructions are not received
in writing by the specified date the Society may,
at its discretion and without liability, reproduce
the most appropriate copy available, or if no copy is available, to charge for the space booked.
19. Costs are subject to suitable copy or artwork being supplied. If additional production work is need the Society may make an additional charge.
20. The Society shall use reasonable endeavours to take care of Advertiser’s property which may be provided in respect of an Advertisement. However the Society shall not be liable for any loss of or damage to copy, artwork, photographs or other materials, and the Advertiser shall maintain copies of and insurance for such materials as appropriate.
21. The Society shall return all Advertiser
property to the Advertiser upon request. However the Society shall be entitled to destroy or otherwise dispose of all Advertiser property held by the Society for more than twelve months from the date of last use.
22. The Society shall be entitled to exercise a
lien over any Advertiser property held until all
Costs due from the Advertiser are fully received.
23. Mail order advertisements shall conform
to the British Code of Advertising Practice and should clearly state in the text of the Advertisement, not just the coupon, a full postal
address at which the Advertiser can be contacted during business hours.
24. These conditions shall be subject to the
Laws of England and Wales.
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