Terms and Conditions
The following terms and conditions shall apply to both print and online use where applicable:
• In these conditions, the terms “Ad”, “Advertisement” or “Advertisement Space” mean Classified or Display advertising in print or digital formats as applicable; the terms “Advertiser”, “You”, or “Your” mean the advertising agency placing the Advertisement with Us on behalf of an advertiser or an advertiser, whether private or business, placing the Advertisement with Us direct; the terms “Publisher”, “We”, “Us”, or “Our” mean Hoona London which is part of CD LONDON LTD, a company registered in England under the number 07466691 at 3rd Floor, 24 Old Bond Street, London, W1S 4AP.
B. ADVERTISER’S RIGHTS AND LIABILITY
• Warrants that advertisement copy shall be legal, decent, honest and truthful; shall comply with the British Code of Advertising Practice and all other Codes under the general supervision of the Advertising Standards Authority or any other applicable body and shall comply with the requirements of current legislation,
• Agrees to check the accuracy of the advertisement. Any text or artwork supplied by you is to be deemed correct and accepted by you at your own responsibility. Any changes to the ad, in whole or in part, must be received by Tuesday 5pm before the publication date but will not affect the liability for payment at the due time. The publisher assumes no responsibility for the repetition of errors unless notified by the advertiser,
• Will fully indemnify us in respect of any claims, costs, proceedings, demands, losses, damages, expenses or liability howsoever arising, directly or indirectly as a result of any breach or non-performance by you of any of the representations, warranties or other terms contained herein or implied by law or arising out of any illegal or libellous matters published in your advertisement, or infringements of copyright, patent, moral rights or any other rights of any third party,
• Assumes full liability for any advertisement and for any message conveyed in all advertisements supplied by you. The publisher does not adopt any message conveyed in any advertisement,
• Grants the publisher the authority to use your information for the purpose of providing you with our services and for our internal business purposes,
• A private advertiser is an advertiser who makes an advertising space reservation for his own benefit not for a commercial benefit. A private advertiser is entitled for three free ads in each ad category per year. A business advertiser is an advertiser who owns a business and aims at promoting his business for commercial purposes. A business advertiser is not entitled to place free ads unless agreed in writing. In cases where the publisher discovers abuse from a business advertiser in sort of pretending to be a private advertiser, the abuse will incur a hundred (100) pounds compensation fee payable by the business advertiser and the latter shall be invoiced for any published advertisements for business purposes and will be required to settle the account in full within five (5) days strictly.
C. PUBLISHER’S RIGHTS & LIABILITY
• Particularly denies all and any liability to the advertiser, readers and users of any kind for damage or loss of any kind whatsoever and however arising, whether due to inaccuracy, error, omission or any other reason, and whether on the part of the publisher or its employees or agents or any other person,
• Save in the case of death or personal injury caused by the publisher’s negligence or breach of statutory duty, under no circumstances shall the publisher be liable to the advertiser or any other party for any specific, accidental, indirect or significant damages of any nature, including, without limitation, those resulting from loss of sales, loss of goodwill, loss of profits, whether or not the publisher was advised of the possibility of such losses. In all other respects, the publisher’s liability shall be limited to either (a) placing a new ad the same or similar to the ad originally placed in Hoona London, (b) the amount paid or payable by the advertiser (c) the refund of monies paid for an ad,
• Reserves the right to revise its advertising rates at any time,
• May place the word “advertisement” with any ad copy, which, in publisher’s sole discretion, resembles editorial material,
• Has the right to promote your ad for your benefit in any newspaper, with which the publisher has agreed alliance or partnership, without your prior permission,
• Shall issue a unique ad reference number with each confirmed space reservation. The advertiser will state the ad reference number in each communication related to the space reservation. The publisher shall also provide the advertiser with an invoice for its advertisement placed in our newspaper. Email invoices are considered sufficient for online postings.
• Shall not be liable or responsible for the third party content on this Website. Third party content includes but not limited to comments posted by users and the content of ad listings.
• Where this Website contains links to other sites and resources, which are provided by third parties, these links and resources are provided for your information only and you access them at your own risk. The publisher is not liable or responsible for the content of third party sites or resources.
D. LIABILITY FOR MODIFICATIONS, OMISSIONS AND/OR ERRORS
• While every endeavour will be made to avoid modifications, omissions and/or errors, the publisher shall not be liable for any loss or damage of any nature whatsoever and however arising whether due to any error, modification, inaccuracy or omission that may arise in the course of publication of any advertisement including any failure to publish the advertisement on the date or dates specified. The publisher does not accept any liability for variation in advertisement, colour or for any loss or damage to copy, artwork or photographs supplied. The publisher does not guarantee the insertion, the position, or the colour of any particular advertisement. In no circumstances shall the total liability of the publisher for any modifications, omissions and/or errors exceed the amount of a full refund of any price paid to the publisher for the advertisement in connection with which liability arose.
E. REJECTION & EDITING
• We reserve the right to edit, classify, reject or cancel any advertisements submitted to us, at our sole discretion and without explanation. Each advertisement must have a reference number supplied by the publisher and must comply with our terms and conditions and with the technical specifications provided to you as set out in the rate card or as available on request. In no circumstances does placing an ad in Hoona London confer the right to renew the ad on similar terms. We may reject any future advertisements for any reason whatsoever, including but not limited to failing to make due payments, paying with bounced cheques or other uncollectible funds, or breaching the terms and conditions.
• We reserve the right to reject any material supplied in low resolution.
• No guarantee is given that the advertisement will appear in any specified position or page and the publisher reserves the right to amend the terms of the contract with respect to space and frequency of advertisement as appropriate.
F. DEADLINES AND CANCELLATIONS
• All space reservations must be made by Tuesday 5 pm prior to publication date. In cases where space is reserved but usable artwork does not reach publisher by reservation deadline (i.e. Tuesday 5 pm prior to publication date), space must be paid for.
• Any cancellations or amendments must be made in writing by 5pm not less than eight (8) weeks prior to publication date. Otherwise, the publisher may refuse to cancel or amend the ad, thus the advertiser shall be liable for full payment of the ad price as specified in the contract.
• All advertising rates set in the rate card are based on per advertisement per week and all rates are excluding VAT.
• Unless credit terms have been agreed in writing, payment must be received with the space reservation; therefore liability for payment arises from the publication of the advertisement.
Methods of payment shall be:
• By standing order: This is the easiest way to make payments for long-term reservations (three months or more). The advertiser can pay by standing order so that payments will be automatically made into the publisher’s account. The advertiser can instruct its bank to pay a set amount to the publisher’s account for a set period of time.
• By phone: Using a debit or credit card, the advertiser can pay by phone by calling: 0208 948 6868. Payment by credit card may be subject to a handling fee. Paying by phone is a typical method of payment for telephone reservations.
• By cash at any LLOYDS TSB: The advertiser can pay, free of charge, by cash to the publisher’s account at any LLOYDS TSB branch.
• By cheque: The advertiser can pay by cheque subsequently honoured and made payable to CD LONDON LTD. Cheque payments are not accepted on the space reservation deadline (i.e. Tuesday 5 pm before the publication date). In cases where the advertiser pays by cheque, the advertisement will not be published in our newspaper until funds are cleared in our account. A sum of twenty five (25) pounds will be charged on bounced cheques.
• By post: The advertiser can pay by cheque made payable to CD LONDON LTD and sent by post at the publisher’s principal place of business.
• By bank transfer: The advertiser can pay to the publisher’s account by bank transfer electronically or through the clearing bank’s Giro credit system.
• For long-term reservations (three months or more), and unless credit terms have been agreed in writing, a payment for four weeks should be settled in full with the space reservation, the remaining will be spread over the term of the contract. Payment terms are then strictly five (5) days from the date of invoice.
• If a series of reservations is undertaken and cancelled before its completion, the discount received on all prior advertisements will be invoiced and must paid within five (5) days. Long-term reservations are entitled for five percent (5%) pre-payment discount.
• In the event that the advertiser fails to make timely payment, the publisher may immediately cancel all reservations for advertising. The advertiser shall be liable to the publisher for any and all costs incurred by the publisher in attempting to collect past-due ad fees and design charges, as well as other relevant charges including without limitation administration charges, contingency fees, reasonable attorney fees, court costs and other litigation expenses. In case of payment failure, interest accrues on all past-due accounts at the rate of two and a half percent (2.5%) per week or as allowed under applicable law, whichever is greater.
H. ARTWORK COPYRIGHT AND CHARGES
• By placing an ad in Hoona London, the advertiser automatically grants us an irrevocable, royalty-free, worldwide license to use, reproduce, amend, edit, adapt, publish, translate, create derivative works from, distribute and display such ad (in whole or in part) and/or to incorporate it in other works in any form, media, or technology or in any medium howsoever, known now or yet to be invented. The advertiser warrants that appropriate permission for the reproduction of any artwork, designs, logos, and trade service marks has been obtained by him. The reproduction and/or publication of such advertisement by the publisher will not breach any legislation, regulation (governmental or otherwise) or contract, infringe or violate any copyright, trademark, or other personal or proprietary right of any person or render the publisher liable to any proceedings whatsoever.
• We will normally charge you an agreed design fee for any artwork or advertisement design we produce unless the design is included within our ad templates.
• The copyright for all purposes in all artwork, copy and other material which the publisher or its employees have originated or reworked shall vest in the publisher. The advertiser does not have the right to reproduce such advertisements using the foregoing without our express written consent.
I. ONLINE POSTING RULES AND REGULATIONS
• By posting an online listing in Hoona London website, the advertiser agrees that it is in compliance with our guidelines listed below.
• We reserve the right to modify any ads in violation of our terms and conditions in order to prevent abuse and keep the content appropriate for our general audience. This includes people of all ages, races, religions, and nationalities. Therefore, all ads that are in violation of our guidelines are subject to being removed immediately and without prior notice not explanation.
• By posting an ad on our website, the advertiser agrees that he will be solely responsible for the content of any classified ads that he posts. The advertiser will not hold the publisher of this website responsible for any losses or damages to himself or to others that may result directly or indirectly from any ads that he posts on the website.
• No foul or otherwise inappropriate language will be tolerated. Ads in violation of this rule are subject to being removed immediately and without warning. If it was a paid ad, no refund will be issued. No racist, hateful, or otherwise offensive comments will be tolerated.
Any ad promoting activities that are illegal under the current laws of England will be removed without explanation. Any ad that appears to be merely a test posting, a joke, or otherwise insincere or non-serious is subject to removal.
• We reserve the ultimate discretion as to which ads, if any, are in violation of our guidelines and our terms and conditions.
• We will never ever pass your details to a third party without your prior consent unless required by law. Any details supplied to us by you will be treated as strictly confidential. We are registered with the Information Commissioner’s Office as a data controller under the number Z290882X and we will only use the information we collect about you lawfully in accordance with the Data Protection Act 1998.
K. CHANGES TO THE TERMS & CONDITIONS
• We reserve the right to change the Terms & Conditions in whole or in part at any time without prior notice.
• These terms and conditions constitute the entire agreement between you and us relating to the matters mentioned herein. By placing an ad in Hoona London, you accept the terms set out above and you acknowledge that you have read, understood and agree to be bound by the said terms. These terms and conditions shall apply to each ad space reservation together with such additional matters (if any). Telephone reservations for advertising spaces shall be treated in all respects as written reservations, and all conditions including those relating to cancellation periods will apply as though the reservations were in writing at the time of the telephoned reservation.
• These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.