Definitions and Acceptance of the Terms and Conditions
1. Swan Publishing Limited (“Swan”) accepts publication of advertisements on the terms and conditions set out below (“Terms”).
2. These Terms apply to advertisements in My Moseley & Kings Heath, My Harborne & Edgbaston, My Solihull Central and My Solihull, Knowle & Dorridge.
3. By placing an order, the Advertiser (which is the person placing the order for the Advertisement whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these Terms in full.
Content and Delivery of Advertisements
4. Materials for an Advertisement must be provided no later than the deadline specified in the appropriate rate card.
5. Swan may, without any responsibility to the Advertiser, reject, cancel or require any Advertisement to be amended that it considers unsuitable or contrary to these Terms and remove, not print, suspend or change the position of any such Advertisement. Swan may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising in any of the publications. The Advertiser will remain responsible for all outstanding charges.
6. The publication of an Advertisement by Swan does not mean that Swan accepts the Advertisement has been provided in accordance with these Terms or that Swan has waived its rights under these Terms.
7. The Advertiser guarantees to Swan that:
(i) any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
(ii) the Advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice (including the British Code of Advertising, Sales Promotion and Direct Marketing and all other codes under the general supervision of the Advertising Standards Authority (see www.cap.org.uk/Advertising-Codes/Non-broadcast-HTML.aspx) are not libellous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights); and
(iii) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
(iv) the Advertisement will not be prejudicial to the image or reputation of Swan or the publications
8. Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorised by the advertiser of a product or service to place the Advertisement with Swan and the Advertiser will compensate Swan for any claim made by such advertiser against Swan.
9. All Advertisements are accepted on the basis that they will be paid for at the applicable rates set out in the applicable rate card on the date of publication. Swan may change its rates at any time by publishing the modified rates at www.swanpublishing.org/advertising Any changes to the rates will take effect immediately. However, any changes to the applicable rates will not apply to any orders made prior to the date of such change.
10. All sums payable to Swan Publishing Limited (Swan) should be made in accordance with Swan Financial Terms & Conditions which are: All new customers will be required to prepay unless credit terms have been approved. Swan’s standard credit terms are for payment to be received as cleared funds by BACS payment, cash, cheque, or paypall on or before 14 days of the date of insertion/date of invoice. Any changes to the Standard Payment Terms must be agreed by the Swan Accounts Department. Swan may charge interest on the amount outstanding up to 4% above the Bank of England base rate.
Liability of Swan
11. Swan accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to Swan or any loss or damage to any Advertisement copy or any other materials. The Advertiser guarantees that it has retained sufficient quality and quantity of all materials supplied to Swan.
12. Swan shall use its reasonable endeavours to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.
14. Swan will not be responsible for any additions to, changes in, deletions from, delays in publication or withdrawal of any Advertisements required by any authority having responsibility for the regulation of online or press advertising (including the Advertising Standards Authority).
15. Swan cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of Swan. However, Swan will use reasonable efforts to comply with the wishes of the Advertiser.
16. If a booked Advertisement is not published at all solely due to a mistake on Swan’s part, Swan will try to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original booking will be cancelled and the Advertiser shall be entitled to a full refund if the Advertiser has paid in advance for the Advertisement. This shall be the Advertiser’s sole remedy for failure to publish the advertisement.
17. If the Advertisement as reproduced by Swan contains a substantial error solely due to a mistake on Swan’s part, Swan shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. Swan shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform Swan of any errors and provide any necessary assistance to Swan to prevent a repeat of the error.
18. Swan shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by Swan and the Advertiser, and Swan’s maximum total liability for any loss or damage arising out of or in relation to any Advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant Advertisement actually paid by or on behalf of the Advertiser.
19. For the avoidance of doubt, nothing in these Terms will limit or exclude Swan’s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
20. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
Liability of the Advertiser
21. The Advertiser will fully reimburse Swan for all claims, losses or expenses arising as a result of any breach or failure to perform of any of these Terms and/or the use or publication of the Advertisement by Swan in accordance with these Terms.
22. Swan owns the copyright in all Advertisements written or designed by it or on its behalf.
23. The Advertiser grants Swan the right (free of charge) to:
(i) use such of the Advertiser’s names, trade marks and/or logos as Swan may consider necessary for the purposes of publishing the Advertisements;
(ii) reproduce the Advertisement in any media at any time from the date the Advertisement was last published in the Magazines for promotional purposes. For the avoidance of doubt, the content, layout and format of any Magazines will be subject to variation at Swan’s sole discretion.
24. The Advertiser may cancel an Advertisement provided that notice in writing is received by Swan no less than 28 days before the copy deadline. Please send notice of your intention to cancel to the person who made your booking. Cancellation will only be effective on confirmation of receipt of your notice.
25. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, Swan may treat the order as cancelled.
26. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
27. If Swan fails or delays in exercising its rights or remedies provided by these Terms, it shall not be deemed to have waived that or any other right or remedy under these Terms.
28. Subject to clause 20, these Terms shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to these Terms.