Conditions of Acceptance

Our Newspapers and Websites are produced and published by Hirst Kidd and Rennie Ltd., ("the publisher") of 172 Union Street, Oldham. OL1 1EQ. Orders for insertion of advertisements are accepted subject to the following conditions. For the avoidance of doubt, in these terms the words "published" or "publication" shall mean published in any Newspaper(s) and/or on any Website(s) owned and produced by the publisher.
(1) The placing of an order constitutes a warranty from the advertiser
and/or advertising agency to the publisher:
(i) 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 the requirements of current legislation; and
ii) That the advertisement is not defamatory and does not infringe the
copyright moral rights or any other rights of any third party.
(2) Advertisements appearing on Hirst Kidd and Rennie Limited Websites
may contain only hyperlinks or metatags linking to the advertiser’s own
website.
(3) The advertiser and/or advertising agency 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) While every endeavour will be made to meet the wishes of
advertisers, the publisher does not guarantee the publication of any
particular advertisement or its publication on any particular date.
(5) (i) In the event of any error, misprint or omission in the
publication of an advertisement or part of an advertisement (however
caused) the publisher will either re-publish the advertisement or relevant part of the advertisement as the case may be or make a reasonable refund of or adjustment to the cost. No re-publication, 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 to that in connection with which liability arose.
(iii) It is the responsibility of the advertiser/advertising agency to
check the first appearance of any series of advertisements and notify
the publisher immediately of any errors. The publisher assumes no responsibility for the repetition of errors unless notified by the advertiser.
(iv) 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 scheduled to appear.
(6) The publisher reserves the right to:
(i) Refuse any advertisement or if already accepted 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;
(ii) require any alteration it considers necessary or desirable in any
advertisement.
(7) An advertising agency may cancel any unexpired part of an order
without penalty in the event of the death or failure of its client.
(8) The copyright for all purposes in all artwork, copy and other
material which the publisher or his employees have originated,
contributed to or reworked shall vest in the publisher.
(9) The placing of an order by an advertiser, or an advertising agency
on behalf of a client, constitutes an assurance that all necessary
authority and consents have been secured in respect of the use in the advertisement(s) (a) of pictorial or 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.
(10) 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 unless the advertiser has given instructions to the contrary.
(11) 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 three 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 than 28 clear working days’ notice. All cancellations must be
notified in writing. Email notification of cancellation effective only
if acknowledgement of its receipt is agreed by the publisher.
(12) The rate payable for transmission of any advertisement shall be in
accordance with the Publisher’s current rates from time to time save as
otherwise agreed with the Publisher. All gross advertising rates (except classified lineage and semi-display) are subject to a 0.1% Advertising Standards Board of Finance (ASBOF) levy, payable by advertisers to help finance the self-regulatory system administered by the Advertising Standards Authority.
(13) Unless credit terms have been agreed, payment must be received in
full no later than three working days before the advertisement is
printed. Payment may be made by cheque, debit or credit card.
(14) When credit is allowed, payment must be in accordance with any
terms agreed with the publisher. Where any sums owing have not been paid in full by the due date, the publisher reserves the right to invoice the advertiser in full for the cost of all insertions without deduction of any discount or commission and/or to impose a surcharge of 2% on all amounts owing.
(i) The due date for payment is the last day of the month after the
month in which the invoice is raised provided that, invoices and, in the case of print advertisements, vouchers or other proof of insertion have, if required, been dispatched not later three working days after the advertisement has appeared.
(ii) When the sum owing has not been dispatched to the publisher by the
last day of the month following insertion, a surcharge of 3% above the
bank base rate will be applied on the gross rate.
(iii) 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.
(15) (i) 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.
(16) Advertising 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 instruction – not an order".
(17) The terms of the terms of the Recognition agreement between the
Newspaper Society, or between the Newspaper Society 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.
(18) You agree to keep secure any ID and password provided by Oldham Evening Chronicle.
(19) Only businesses with Oldham are eligible for a listings/websites/ sponsored links type advertisements. Should a business move out of Oldham their listing/web page/mini site/sponsored link will be removed. No refunds are given (minimum contract terms are enforced).
(20) 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 or advertiser’s order form or elsewhere by an agency or an advertiser shall be void insofar as they are in conflict with them.
(21) These terms and conditions shall be governed by and construed in
accordance with the laws of England and Wales.