Frequently Asked Questions

Conditions Of Acceptance of Advertisements

Copyright law gives the creators of literary, dramatic, musical (including song lyrics), artistic works, sound recordings, broadcasts, films and typographical arrangement of published editions right to control the ways in which their material may be used. You need to undertake and warrant to Newsquest (York) Ltd that the content of your Advertisement does not and will not contain any material which infringes any copyright or other intellectual property rights. If you are in any doubt when composing your advertisement, please contact Newsquest (York) Ltd by email on thepeacegarden@ycp.co.uk or by telephone to 01904 676767

Orders for insertion of advertisements in NEWSQUEST (YORK) LTD titles and/or websites are accepted subject to the following conditions. For the avoidance of doubt, in these terms the words “published” shall mean in any newspaper and/or on any website owned and produced by Newsquest (York) Ltd (the “Publisher”).

1. By placing the order the Advertiser warrants that the advertisement is legal, decent, honest and truthful complying with the British Codes of Advertising and Sales Promotion, with any relevant codes of practice and with all requirements of current legislation and that it contains nothing that is defamatory or that constitutes an infringement of the proprietary or other rights of any third party.

2. The Advertiser agrees to indemnify the Publisher in respect of all costs, damages or other charges falling upon the newspaper as the result of legal actions or threatened legal actions arising from the publication of the advertisement.

3. While every endeavour will be made to meet the wishes of the Advertiser, the Publisher does not guarantee the insertion of any particular advertisement either on any specified date or dates or at all.

4. All advertisements must be accompanied by the name and address of the Advertiser for record purposes and the Publisher may require evidence to establish the Advertiser’s bona fide and to substantiate any claims made in the advertisement.

5. (i) In the event of any error, misprint or omission in the printing of an advertisement or part of an advertisement the Publisher will, at the Publisher¹s election, either re-insert the advertisement or part of an advertisement as the case may be or make a reasonable refund 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.

(ii) In no circumstances shall the total liability of the Publisher for any error, misprint or omission exceed (a) the amount of a full refund of any price paid to the Publisher for the advertisement in connection with which liability arose or (b) the cost of a further or corrective advertisement of a type and standard reasonably comparable with that in connection with which the liability arose.

(iii) The Advertiser agrees to check the published advertisement for any errors or omissions and to notify the Publisher thereof by 9.30 the following morning, if correction and republication is required. If no notice is received by 9.30am the Advertiser is deemed to have accepted the advertisement in its entirety and will pay the full charge.

(iv) The Publisher shall not be liable for any loss of or damage occasioned by any total or partial failure (however caused) of publication or distribution of any newspaper or edition or website in which any advertisement is scheduled to appear.

6. THE PUBLISHER RESERVES THE RIGHT TO: (i) 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. (ii) Make any alteration it considers necessary or desirable in an advertisement and to require artwork or copy to be amended to meet its approval.

7. If an advertiser cancels an advertisement, they should be issued with a stop number. Queries arising from cancelled advertisements must be accompanied by this stop number.

8. Should the rate for advertisements be altered, the cost of remaining insertions shall be revised accordingly or the Publisher has the option of cancelling the unexpired portion of the order.

9. The Advertiser’s artwork, film and all other property is held at the Advertiser’s risk and should be insured by him against loss or damage from whatever cause. The Publisher reserves the right to destroy without notice all artwork, film and other property which has been in his custody for six months from the date of its last appearance unless the Advertiser has given instructions to the contrary and has obtained the Publisher’s written acknowledgement that the Publisher has received such instructions.

10. The Publisher reserves the right to disclose the name and address 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.

11. SETTLEMENT OF ACCOUNTS (a) Casual Advertisers - all invoices must be paid within 14 days from the date of the invoice, or incur a late payment of £20.00. (b) Regular Advertisers who have been granted a 28 day credit account must ensure that ALL invoices are paid within 28 days from the date of the invoice. (c) Failure to comply with our credit terms may result in credit facilities being withdrawn and advertising stopped. (d) The existence of a query on any individual invoice will not affect the due date of payment for the balance of the account. (e) The rate payable for insertion of any advertisement shall be in accordance with the Publisher’s rates calculated and displayed during the booking process. Accepted payment by all major debit and credit cards.

12. (i) The copyright for all purposes in all artwork, copy and other material which the Publisher or its employees have originated, contributed to or reworked shall be vested in the Publisher. (ii) The Publisher is hereby authorised to record, reproduce, publish, distribute and broadcast (or permit the same) all advertisements (including but not limited to text, artwork and photographs) and to include and make them available in any information service, electronic or otherwise.

13. The placing of an order by an Advertiser constitutes an assurance that all necessary authority and permission has been secured in respect of the use in the advertisement(s) of pictorial representations of (or purporting to be of) individuals and of references to the words attributed to individuals.

14: The Publisher will use all reasonable commercial efforts to maintain a high level of availability of its websites for access by users but cannot and does not warrant that its websites will be constantly available. The Advertiser acknowledges that the availability of its websites is dependent on factors beyond the Publisher’s control.

15: For the avoidance of doubt the Publisher shall have no liability to the Advertiser whatsoever resulting from the Advertiser's use or attempted use of the website.

16: Force majeure: The Publisher shall not be required to provide any services hereunder to the extent and for so long as it is prevented from doing so by circumstances beyond its reasonable control, (which shall include, without limitation, the unavailability of access to the internet or the failure of third party software, equipment or networks).

17. The placing of an order for the insertion of an advertisement shall amount to an acceptance of the above conditions and any conditions stipulated on an Advertiser’s order form or elsewhere shall be void insofar as they are in conflict with them.