1 All Advertisements accepted for publication by Gay Star News Ltd (GSN) in any of its print or online publications are accepted subject to these terms and conditions. Any other conditions proposed by the Buyer shall be void unless accepted by GSN in writing.
2 In these conditions:
‘Advertiser’ means the person whose goods or services are advertised or otherwise marketed;
‘Advertisement’ means display, recruitment, online, email, mail order and classified advertising and shall include inserts, supplements, re-directed advertisements and other promotional campaigns;
‘Buyer’ means the person placing the order for the insertion of the Advertisement or promotional campaign;
‘Medium’ means the online or print publication taking the booking.
3 All Advertisements are accepted subject to space being available in the Medium.
4 GSN reserves the right to cancel any order without liability in the event of becoming aware of any meetings of creditors, bankruptcy, liquidation proceedings, the appointment of a receiver or administrative receiver over the whole or substantial part of the Buyer’s assets, or any indication whatsoever of financial difficulties.
5 GSN reserves the right to refuse or cancel any order without liability if the Advertisement is illegal, discriminatory, reckless, irresponsible, anti-social, defamatory, dangerous or otherwise in breach of our content guidelines or if it may adversely affect our brands. This decision is solely at the discretion of GSN’s directors. A copy of the content guidelines is available on request.
6 These conditions and all other express terms of the contract between GSN and the Buyer shall be governed and construed in accordance with the Laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
Buyer to contract as principal
7 The Buyer warrants that the Buyer contracts with GSN as principal notwithstanding that the Buyer may be acting directly or indirectly for the Advertiser as an advertising agent or media buyer or in some other representative capacity. Where the Buyer is the Advertiser’s advertising agency, the Buyer warrants that it is authorised by the Advertiser to place the Advertisement with GSN.
Delivery and ownership of materials
8 Copy must conform to GSN’s requirements and GSN reserves the right to charge for any additional work involved in amending the copy of the Advertisement to conform to its requirements.
9 Any intellectual property rights in designs prepared by GSN shall remain the property of GSN and Advertisements including such designs may not be reproduced without GSN’s consent.
10 If an Advertisement includes a promotion, competition or a special offer of merchandise the Advertiser must provide full details to GSN on request.
Prices and payment terms
11 Prices published by GSN from time to time are subject to revision at any time and orders are accepted on the condition that the price binds GSN only in respect of the period specified in the applicable rate card.
12 Series discounts apply only to orders placed in advance and completed within the agreed period. GSN reserves the right to adjust advance discounts and/or to surcharge in the event of a series of Advertisements not being completed within that period. If the Buyer cancels the balance of a contract to publish a series of Advertisements, it relinquishes any series discount and all Advertisements will be paid for at the appropriate rate.
13 Prices are exclusive of applicable Value Added Tax which the Buyer may additionally be liable to pay to GSN.
14 Credit accounts must be settled in accordance with the terms shown on the invoice, which are strictly net. In default, any amounts due under this entire contract become immediately payable. Interest will be charged monthly on overdue accounts at the rate of 2% above the HSBC Minimum Lending Rate.
Limitations on GSN’s liability
15 Except to the extent specified in paragraph 16, GSN shall not be liable for any loss or damage suffered by the Buyer as a result of any total or partial failure (howsoever caused) of publication, distribution or availability of any Medium in which any Advertisement is scheduled to be included or for any error, misprint, broken or missing link or omission in the printing of any Advertisement. In the event of an error or omission, which detracts materially from the Advertisement, GSN will either reinsert the Advertisement or relevant part of the Advertisement or make a reasonable refund of or adjustment to the price paid by the Buyer. No reinsertion, refund or adjustment will be made for any other error or omission.
16 The total liability of GSN to the Buyer for any act or omission of GSN, its servants or agents relating to any Advertisement shall not exceed the amount of a full refund of any price paid to GSN for the Advertisement (within the applicable period) or the cost of a reasonably comparable further or corrective Advertisement. Without limiting the foregoing, GSN shall not be liable for any loss of profits or business or for indirect or consequential loss. GSN accepts no liability for the repetition of an error in an Advertisement ordered for more than one insertion unless notified immediately the error occurs.
17 GSN accepts no responsibility for the quality of reproduction of any photograph supplied by the Buyer, its agents or servants.
Cancellation or suspension
18 There is no cancellation of this contract without written permission of a Gay Star News company director.
19 GSN reserves the right to omit or suspend an Advertisement at any time for good reason, without liability to the Buyer and shall notify the Buyer as soon as possible. If such omission or suspension is due to the act or default of the Buyer, the Advertiser or their respective servants or agents, then the Buyer shall pay for the Advertisement in full notwithstanding that the Advertisement has not been published.
Buyer’s warranties and indemnities
20 The Buyer warrants that the Advertisement does not contravene the British Code of Advertising Practice and is not in breach of any relevant legislation, including the Race Relations Act 1976, the Sex Discrimination Act 1976 (both as amended), the Disability Discrimination Act 1995, the Employment Equality (Age) Regulations 2006 and the Obscene Publications Act and also including any legislation or regulation, such as those relating to the provision of Financial Services, which apply to specific Advertisers, products or services.
21 If any Advertisement submitted for publication contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or copy by which any living person is or can be readily identified, the Buyer warrants that the Buyer or the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy.
22 The Buyer will indemnify and hold harmless GSN from and against any claim that the Advertisement infringes the copyright, trademark or other intellectual property rights of any person or that it is defamatory or infringes any other right of any person. GSN reserves the right to withdraw and/or refuse to publish an Advertisement without liability to the Buyer if it reasonably believes that the Advertisement may make GSN or the Advertiser liable to any complaint, claim or proceedings.
23 The Buyer is solely responsible for fulfilling and dealing with any orders or enquiries relating to the goods, services or promotion to which the Advertisement relates and will indemnify and hold GSN harmless accordingly.
24 Copy must be supplied by the Buyer without application from GSN. If copy instructions are not received by the agreed date, no guarantee can be given that any agreed proofs will be supplied or corrections made and GSN reserves the right to repeat the most appropriate recent copy or omit the Advertisement. Where a layout or proof is submitted to the Buyer, it must be returned on the date specified and GSN reserves the right to publish the Advertisement in the same form as any layout or proof submitted if the layout or proof is not returned on the date specified. In any of these cases, the total price of the order will remain unaltered. The date of the first placement is specified on the Confirmation of Order and Contract ‘the Start Date’ and the total price of the order will remain unaltered if the placement does not go ahead on this Start Date through any fault or omission of the Buyer.
25 If, at its discretion, GSN considers it necessary to modify the space or alter the date or position of the Advertisement or make any other alteration to an Advertisement accepted for insertion, the Buyer will have the right to cancel the publication of the Advertisement if the alterations requested are unacceptable.
About Gay Star News Ltd
Gay Star News Ltd is a company registered in England and Wales. Registration number: 7719609. Registered address: Unit 2 Cedar Court, 1 Royal Oak Yard, London, SE1 3GA. VAT number: 118857288.