All Advertisements accepted for publication by LIVE MEDIA paper in any publications are accepted subject to these terms and conditions. Any other conditions proposed by the Buyer shall be void unless accepted by LM in writing.
In these conditions: "Advertiser" means the person whose goods or services are advertised; "Advertisement" means display, recruitment and classified advertising and shall include inserts, supplements and re-directed advertisements; "Buyer" means the person placing the order for the insertion of the Advertisement; "Medium" means the publication taking the booking.
All Advertisements are accepted subject to space being available in the Medium.
LM 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.
These conditions and all other express terms of the contract between LM 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
The Buyer warrants that the Buyer contracts with LM 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 LM.
Delivery and Ownership of Materials
Materials delivered must conform to LM's specifications. LM reserves the right to charge the Buyer for work it required to amend materials to conform to its specifications but accepts no liability for such work.
Any intellectual property rights in designs prepared by LM shall remain the property of LM and Advertisements including such designs may not be reproduced without LM's consent.
If an Advertisement includes a promotion, competition or a special offer of merchandise the Advertiser must provide full details to LM on request.
Prices and Payment Terms
Prices published by LM from time to time are subject to revision at any time and orders are accepted on the condition that the price binds LM only in respect of the period specified in the applicable rate card.
Prices are exclusive of applicable Value Added Tax which the Buyer shall additionally be liable to pay to LM.
Credit accounts must be settled in accordance with the terms shown on the invoice, which are strictly net. In default, all outstanding transactions will become liable for immediate settlement. Interest will be charged monthly on overdue accounts at the rate of 2% above the HSBC Bank Minimum Lending Rate.
Limitations on LM's Liability
Except to the extent specified in paragraph 15, LM 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 or omission in the printing of any Advertisement. In the event of an error or omission by LM, which detracts materially from the Advertisement, LM will either reinsert the Advertisement or relevant part of the Advertisement in a subsequent issue 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 or where the error or omission is the result of delivery of materials which do not comply with LM's specifications.
The total liability of LM to the Buyer for any act or omission of RBI, its servants or agents relating to any Advertisement shall not exceed the amount of a full refund of any price paid to RBI for the Advertisement or the cost of a reasonably comparable further or corrective Advertisement. Without limiting the foregoing, LM shall not be liable for any loss of profits or business or for indirect or consequential loss. LM accepts no liability for the repetition of an error in an Advertisement ordered for more than one insertion unless notified immediately the error occurs. Complaints regarding reproduction of printed Advertisements must be received in writing within one calendar month of the cover date.
LM accepts no responsibility for the quality of reproduction of any photograph supplied by the Buyer, its agents or servants.
Cancellation or Suspension
Cancellation or suspension of an Advertisement by the Buyer must be received in writing by LT within the period specified by the appropriate Medium. Periods for acceptance of cancellation or suspension vary in accordance with differing production requirements.
LM 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 IndeMTities
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.
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.
The Buyer will indeMTify and hold harmless LM 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. LM reserves the right to withdraw and/or refuse to publish an Advertisement without liability to the Buyer if it reasonably believes that the Advertisement maymake LM or the Advertiser liable to any complaint, claim or proceedings.
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 indeMTify and hold
LM harmless accordingly.
Copy must be supplied by the Buyer without
application from LM. 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 LM 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 LM
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
If, at its discretion, LM 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
Where an Advertisement has been accepted by
LM and includes inserts LM reserves the right to
charge the full price if the inserts fail to arrive at the
agreed time and place for insertion.
Charges will be made to the Buyer where printers
are involved in extra production work owing to acts or
defaults of the Buyer or the Advertiser.
All gross display Advertisement rates are subject
to the current Advertising Standards Board of Finance
('ASBOF') levy payable by the Buyer. Where an order
is placed by a Buyer who is an advertising agency, the
Buyer will be responsible for paying the levy to
ASBOF. Where an Advertiser places advertising direct,
LM reserves the right to add the ASBOF levy to its
gross rate and pass this direct to ASBOF.
Requests for cancellation or reduction of an order
may be considered but only if received in writing by
LM within 28 (twenty eight) days from signing the
order providing that such notification is made at least
28 (twenty eight) days prior to the final copy date.
Changes in printed copy must be confirmed in
writing by the Buyer in time for the changes to be
made to the Advertisement by LM. LM reserves the
right to charge for any additional expenses involved in
Any Buyer or Advertisers who is either an
employment agency or an employment business (as
defined by the Employment Agencies Act 1973 ('the
Act')) must ensure that Advertisements comply with
their obligations under the Act and the Conduct of
Employment Agencies and Employment Businesses
Buyers and Advertisers agree to deal fairly and
professionally with individuals who may respond to a
recruitment related Advertisement and to indeMTify
LM from and against any claim brought by an
individual against LM arising from a breach of this
obligation or any other of these terms and conditions.
LM does not guarantee any response to
recruitment related Advertisements or that responses
will be from individuals suitable for the job advertised.
It is the Advertisers responsibility to carry out such
checks and procedures as are necessary to ensure that
candidates are suitable for the job advertised and have
the required qualifications and personal characteristics.