Terms of Business for Advertisers

Definitions:

Local Council Media – the selling agent for Council publications .

“Council” – the Council publication represented.

The advertiser/advertising agency – the person or company placing the advertisement.

Orders for insertion of advertisements in the Council Publication selected are accepted subject to the following conditions:

1. The placing of an order through Local Council Media constitutes an assurance that the advertisement is legal, decent, honest and truthful complying with the British Codes of Advertising and Sales Promotions, with any relevant codes of practice and with the requirements of current legislation.

2. The advertiser/advertising agency agrees to indemnify the council publication selected in respect of all costs, damages, or other charges falling upon the publication as a result of legal actions or threatened legal actions arising from the publication of the advertisement(s).

3. Whilst every endeavour will be made to meet the wishes of advertisers, Local Council Media does not guarantee the insertion of any particular advertisement.

4. Subject to the conditions set out below the Publisher warrants that the advertisement will correspond with the order at the time of publication or any proof subsequently provided to the Advertiser by Local Council Media. The Advertiser is under a strict duty to check any proof supplied and to notify Local Council Media of any amendments required prior to the copy date as a condition of the warranty contained in this clause. Furthermore, it is the responsibility of the Advertiser to check the first insertion of any series of advertisements and to notify Local Council Media immediately of any errors. Again this responsibility is a condition of the warranty contained within this clause.

The above warranty is given by Local Council Media and the “Council” subject to the following conditions:

Local Council Media and the “Council” shall be under no liability under the above warranty if the total price for the advertisement has not been paid by the due date for payment.

Any claim by the Advertiser that the advertisement does not correspond with the order or any proof subsequently provided to the Advertiser by the “Council”, shall be notified to Local Council Media within 7 days of the date of publication of the advertisement.

Where any valid claim that the advertisement does not correspond with the order or any proof subsequently provided to the Advertiser by Local Council Media is made, the Council's liability shall not exceed the higher.

The amount of a full refund of any price paid to the “Council” for the advertisement in connection with which the liability arose.

The cost of a further or corrective advertisement of the type and standard reasonably comparable to that in connection with which the liability arose.

Local Council Media or the “Council” shall not be liable to the Advertiser by reason of any representation or any implied warranty, condition or other term or any duty at common law under the express terms of the contract for any consequential loss or damage (whether for loss of profit or otherwise) which arose out of or in connection with the order or its implementation except as expressly provided in these Conditions.

5. The “Council” reserves the right to:cancel the order at any time by giving reasonable notice before the next insertion, but in that event the advertiser/advertising agency 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;

make any alteration it considers necessary or desirable in an advertisement and to require artwork or copy to be amended to meet its approval.

An advertising agency may cancel any unexpired part of an order without penalty in the event of death or failure of its client.

5. The copyright for all purposes in all artwork, copy and other material which Local Council Media or his employees have originated, contributed to or reworked shall vest in Local Council Media.

(ii) The publisher is hereby authorised to record, reproduce, publish, distribute and broadcast (or to 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.

6. The placing of an order by an advertiser, or any advertising agency on behalf of a client, 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) living persons, and of references to the words attributed to living persons.

7. The advertiser's artwork, film and other property is held by Local Council Media at the advertiser's risk and should be insured by him against loss or damage from whatever cause. Local Council Media 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 in an advertisement unless the advertiser has given instructions to the contrary.

8. Local Council Media reserves the right to require four clear 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 than twenty-eight clear days' notice before the insertion or the next insertion on 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.

9.The due date for payment is seven days from the date of invoice, unless otherwise agreed, supplied by the “Council”. Surcharges for late payment will be made at the discretion of the “Council”.

The existence of a query on any individual item in an account shall not affect the due date of payment of the balance of the account.

10. Advertisement orders are issued by an advertising agency as a principal and must be on the agency's official form. When copy instructions not constituting an official order are issued, they shall be clearly marked 'Copy instructions - not an order'.

11. 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 agency's order form or elsewhere by an agency or an advertiser shall be void insofar as they are in conflict with them.

Terms of Business with Councils

Definitions:
Local Council Media - is the trading name for Creative Media Explorers Ltd.
The Council – any Council that appoints Local Council Media as their sales agents.

Duration of agreement
The length of agreement is determined by the Council and Local Council Media by mutual consent and can be terminated by either party giving three month’s notice. In the event of termination by the Council it is agreed that any advertisements booked will be honoured and commission on these advertisements paid.

Terms of Agreement
Local Council Media will sell advertising on behalf of the Council at an agreed advertising rate.

Advertisements are accepted on behalf of the Council in accordance with our Terms of Business for Advertisers and in accordance with the Council’s policy.

Local Council Media will provide the Council with details of advertisements, all confirmed orders and invoicing instructions.

The Council will be responsible for invoicing and collection of payment from advertisers. Local Council Media will assist the council to pursue unpaid invoices but are not responsible for unpaid accounts.

All copy will be supplied to the Council or council’s design studio in the style and format as determined by the Council within copy date deadlines as agreed with the Council.

Local Council Media will upload a rate card, booking/copy deadlines and a pdf copy of the council publication on to the Local Council Media website.

The Council will pay Local Council Media an agreed commission on all adverting sold.

In the event of advertisements originally accepted by the Council and not appearing in the publication the Council will pay Local Council Media the commission as if the advertisement appeared.

The Council will pay Creative Media Explorers Ltd (The company owning the trading name of Local Council Media) the commission due on date of publication through the BACs system or other method as agreed. Any query on the invoice must be made within seven days of receipt.