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Last Update: 21 February, 2008 10:03 AM

ADVERTISING TERMS AND CONDITIONS

1. Definitions

1.1 In these conditions

“Publisher” means Wales and West News and Sport is the managing agent for the title owned by us.

“Advertiser” means the person (which expression shall include a person firm corporation or otherwise) placing an advertisement on our website www.walesandwest.com.

“Website” means www.walesandwest.com or printed product published by the publisher (such as our weekly newsletter to customers) into which the Advertiser wishes advertisements to be inserted.

“Conditions” means the standard conditions of advertising set out in this document.

“The Contract” means the Contract between the Publisher and the Advertiser incorporating these conditions.

“Writing” includes facsimile transmission, electronic mail (e-mail) and comparable means of communication.

1.2 Reference to any statute or statutory provision includes reference to the statute or statutory provision as from time to time amended extended or re-enacted.

1.3 The headings in these conditions are for convenience only and shall not affect their interpretation.

2. The Contract

2.1 Orders for insertion of advertisements in the above website and/or newsletter are accepted subject to the following conditions. For the avoidance of doubt, in these terms the words “published” or “publication” shall mean published on the website or newsletter owned and produced by the publisher.

2.2 Advertisements appearing on the walesandwest.com website may contain only hyperlinks or metatags linking to the advertisers own websites. No other hyperlinks or metatags may be included in any advertisements save with the express prior permission of the publisher.

3. Obligations of the Publisher

3.1 The Publisher will subject to the provisions of this Contract publish the advertisement on www.walesandwest.com and, if necessary, within our weekly newsletter.

3.2 The Publisher does not give any warranty condition or undertaking whatsoever as to the readership of the website or of response to the advertisement.

4. Obligations of the Advertiser

4.1 The Advertiser shall supply to the Publisher such materials or inserts as may be required by the Publisher to publish the Advertisement such materials to be of a quality suitable for the Publishers use and to be delivered to the designated location in sufficient time to meet the Publishers production requirements for the website. The Publisher does not undertake to return any materials supplied by the Advertiser unless there is a specific request particularly in the case of photographs, disks or any other form of external data storage such as a memory stick.

4.2 The Publisher shall not be obliged to publish any Advertisement for which the Advertiser has failed to provide the materials or inserts of an unsuitable or unusable quality.

4.3 The Advertiser shall comply in all respects with the provisions of any statutes including any regulations or orders and any other obligations imposed by law including by-laws applicable to all advertisements including, but without imitation, the Trade Descriptions and Consumer Credit legislation.

4.4 The Publisher shall not be obliged to publish any advertisement or any part which it considers in its sole discretion to be contrary to or infringe the terms of any legislative provision or the right or privilege of any person or which might mislead the public or which the public might find offensive prejudicial or inflammatory or is likely to subject the Publisher to prosecution criticism or embarrassment notwithstanding the existence of a Contract between the Publisher and the Advertiser.

5. Cancellation by the Advertiser

5.1 In addition to any statutory rights accruing to the Advertiser, the Advertiser may apply to cancel without charge any Advertisement provided notice of cancellation is received in writing and authorised soley by the Advertiser whose name appears on the Contract.

5.2 No Advertisement shall be deemed to be cancelled unless the provision of clause 5.1 shall have been complied with in all respects and the Advertiser shall be responsible for all costs incurred in respect of any failure to comply.

5.3 Advertisements booked on a series basis and at series rates are subject to a surcharge if cancelled before expiry of the series ordered.

6. Cancellation by the Publisher

6.1 The Publisher may (without prejudice to any other right or remedy available to it) remove any Advertisement or refrain from proceeding with any other Advertisement ordered by the Advertiser and to refuse any further Advertisement so ordered without penalty with immediate effect if the Advertiser:

6.1.1 fails to pay when due any sums payable under this Contract or any other contract to which the Conditions apply;

6.1.2 fails to observe or perform the conditions of this Contract;

6.1.3 makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a Company) becomes subject to an Administration Order or goes into liquidation; or an incumbrancer takes possession or a receiver is appointed of any of the property or assets of the Advertiser; or the Advertiser ceases or threatens to cease, to carry on business; or the Publisher reasonably apprehends that any of the events mentioned above is about to occur in relation to the Advertiser and notifies the Advertiser accordingly.

7. Payment

7.1 Payment for each Advertisement shall be due in full on placing the Advertisement insertion with the Publisher unless the Advertiser has been granted credit facilities. These need to be discussed in person with the Publisher.

Payment Terms are 10 days from date of invoice and appearance of advertisement or within agreed terms if credit facilities are granted by the Publisher.

7.2 If the Advertiser fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Publisher, the Publisher shall be entitled to:

7.2.1 cancel the Contract and suspend any further Advertisements of the Advertiser;

7.2.2 the immediate payment for all Advertisements placed under the Contract or any other contract between the Publisher and the Advertiser which shall become immediately due and payable not withstanding the fact that the time for payment has not fallen due;

7.2.3 where payment has not been made within one month of the due date Charge an Administration fee of [12.5%] of the invoice due or £20.00 whichever is the greater.

7.2.4 charge the Advertiser interest (both before and after any judgement) on the amount unpaid at the rate of 4% per month (on a compounded basis) until payment in full is made (a part of the month being treated as a full month for the purpose of calculating interest);

7.2.5 charge the Advertiser all legal costs and disbursements incurred in pursuing non payment together with any bank charges incurred.

7.3 The Publisher may, at any time, suspend or cancel an Advertisers credit account facilities where upon payment for all advertisements placed shall become due and payable immediately.

8. Limitation of Liability/Claims

8.1 In the event of error or omission the Advertiser shall be entitled to receive a credit note of such part (not exceeding the whole) of the charge for the Advertisement concerned as is fair and reasonable having regard to the nature of the error or omission. In the event of a serious error or omission the Publisher may in addition to giving a credit note publish a similar correct advertisement free of charge on the website for one week.

8.2 Any claim by the Advertiser with regard to the Advertisement (whether in respect of error omission payment terms or otherwise) must be received by the Publisher in writing within 21 days from the date of the invoice. The Advertiser acknowledges that such a time period for claims is reasonable in respect of the nature of the Contract. If the Advertiser shall be bound to pay the price as if the Advertisement had been placed satisfactorily in accordance with the Contract.

8.3 Any claim shall only be considered if clause 8.2 is strictly complied with and subject to terms of payment having been met in all respects in relation to all invoices that are due at the date of the claim and payment of all undisputed items in respect of the invoice which is the subject of a claim.

8.4 The Publisher does not exclude or restrict liability for death or personal injury resulting from its own negligence.

8.5 Subject as expressly provided in these Conditions, and except where a person is dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

8.6 In the event of any failure to publish or distribute the website, the Publisher shall not be liable to the Advertiser for any loss or damage caused.

8.7 In any event, in no circumstances shall the Publisher be liable in contract or otherwise for loss (whether direct or indirect) of profits business or anticipated savings or for any indirect or consequential loss whatsoever.

9. Proofing

9.1 The Publisher will, where requested, endeavour to provide the Advertiser with a proof of all Advertisements prior to publication. However, the Publisher does not give or make any warranty condition or undertaking whatsoever that such proof will be provided. Where time does not permit the issue of proofs the Advertisement will be published in accordance with the relevant Advertisement content details provided by the Advertiser and such publication will be deemed to satisfy the obligations of the Publisher.

9.2 It is the responsibility of the Advertiser to check that the first insertion of a series advertisement is published correctly. The Publisher does not accept liability for any Advertisement published incorrectly after the first insertion unless corrected by the Advertiser.

10. Layout

10.1 The final position of Advertisements is arranged by the Publisher in accordance with the rates charged (eg: Premier, Gold, Silver and Standard rates. See How to Advertise on site menu). The Publisher does not give or make any warranty condition or undertaking whatsoever whether express or implied as to the position of any Advertisement suffice that it complies with the Contract agreed.

11. Indemnification

11.1 The Advertiser shall keep the Publisher indemnified from and against all proceedings, claims, demands, damages, fines, costs, expenses, and charges taken, made or awarded against the Publisher or its servants or agents arising out of or in connection with any advertisement including actual alleged or inadvertent defamation passing off misdescription, false trade description of goods and services offered, error, omission or infringement of copyright trademark, servicemark design right or privilege.

12. Intellectual Property Rights

12.1 The Advertiser warrants that it has been duly authorised by the owner or that it is the owner of any copyright, design right, material, brand name, trademark, service mark or logo to be incorporated into the Advertisement.

12.2 All intellectual property rights created or used by the Publisher in connection with this Contract shall be and remain the property of the Publisher.

13. Force Majeure

13.1 The Publisher will not be liable in respect of any breach of this Contract due to any cause beyond its control including (but without limitation) industrial action, lockout, act of God, inclement weather, the act or omission of Government, war, difficulties in obtaining raw materials, labour, fuel, parts or machinery power failure or breakdown of machinery.

14. General

14.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

14.2 No waiver by the Publisher of any breach of the Contract by the Advertiser shall be considered as a waiver of any subsequent breach of the same or any other provision.

14.3 If any provision of these Conditions is held, by any competent authority, to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

15. Applicable Law

15.1 The Contract and these Conditions shall be given by and construed in all respects in accordance with English Law.

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