Terms, Conditions & Disclaimer Regarding Acceptance Of Advertising From Business Advertisers

Business Advertisers

In addition to the general terms, conditions and disclaimer which all users (including advertisers) are subject to, business advertisers undertake to be bound by the following additional terms, conditions and disclaimer, and they are deemed to have accepted these terms, conditions and disclaimers in placing their advertisement.

The advertiser should ensure that prior to placing your advertisement with ' the site' that you have read both the General Terms, Conditions & Disclaimers applicable to all site user and the Terms, Conditions & Disclaimers which apply to you, depending on the service type you are using, as you are deemed to have accepted them by proceeding.

Advertising Standards

Advertising on 'the site' is accepted subject to terms, conditions and disclaimers which include an appropriate standard. Standards include: (i) ensuring that advertisement does not breach advertising legislation or seek to advertise products banned from advertising or promotion (ii) that the advert complies to any previous ruling by the Advertising Standards Authority (iii) that the advertisement is suitable for family viewing (iv) that the advert does not seek to use offensive language or seek to express offensive material in the form of innuendo (v) that no advert contains sexual material or reference such material (vi) that the advert does not make false or misleading statements, editorial or comment (vii) that all claims contained within the advert can be substantiated to the satisfaction of 'the site' before publication (viii) that the advert contains no reference to competitions, lotteries, raffles, premium phone lines or any get rich schemes (including pyramid schemes) (ix) that the advertisement does not seek to represent their enterprise, trade or business as part of 'the site' (x) that the advertisement provides valid contact details and complies with legal requirements such as displaying your company's legal status (i.e. limited company status and company number).     

Advertising Restrictions

All advertising content including file size, downloads and associated content are subject to size limitations and restrictions. Such restrictions include number of images, image resolution, image dimensions and image size.

Content supplied to the site is prohibited from using, or including cookies or any other means for collecting user information, without express permission from 'the site'. Advertisers accept in proceeding to place their advertisement that breaching this condition may lead to 'the site', a 'damaged third party' or a government body, prosecuting them in the criminal or civil courts.

Advertisers Obligations

The Advertiser warrants that in relation to their advertisement or amended advertisement:

(i) that publication of such Advertisement or its reproduction will not breach any contract, legislation, copyright, trademark, proprietary right or render 'the site' liable to any proceeding whatsoever (ii) where an advertisement is of a financial nature or financial promotion that the Advertiser ensured that any necessary approvals have been sought, from an authorised person within the meaning of the Financial Services and Markets Act 2000 and related legislation. (iii) The advertiser permits 'the site' permission to reproduce all material submitted to the site and reproduce to other sites in the group. (iv) The Advertiser agrees to check the correctness, accuracy and integrity of the Advertisement, within 72 hours of the publication date and report any errors, omission or mistakes to the site upon discovery during the same time period. This does not affect the liability for payment at the due time. (v) The Advertiser will indemnify 'the site' and keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever incurred by 'the site' arising directly or reasonably foreseeable as a result of any breach or non-performance by the Advertiser (vi) All material contained on 'the site' is published in good faith and 'the site' does not in any 
circumstances accept responsibility for the accuracy of any Advertisement or content published or its compliance with any legal or regulatory requirements (nor is any kind of warranty expressed or implied by such publication). (vii) 'The site' specifically disclaims all and any liability to the advertiser or users of any kind for loss or damage of any nature whatsoever and however arising, whether due to inaccuracy, error, omission or any other cause, and whether on the part of 'the site' or its employees including agents or any other person. Under no circumstances shall 'the site' be liable to the Advertiser or any other party for any special, incidental, indirect or consequential damages of any kind, including, without 
limitation, those resulting from loss of sales, loss of goodwill, loss of profits, whether or not 'the site' was advised of the possibility of such losses. In all other respects, 'the sites' liability shall be limited to either (a) placement of a new advertisement the same or similar to the advertisement 
originally booked or (b) the amount paid or payable by the advertiser.

Further obligations which the advertiser must accept before instructing 'the site' to carry their advertisement include: (i) the advertiser is solely responsible for the content of their advertisement (ii) responsibility for the advertisement's accuracy rests solely with the advertiser (iii) the advertiser is solely responsible for the message contained within their advertisement and accepts 'the site' is not in any way liable for advising the advertiser as to content, language, layout, legislation or any matter pertaining to their business, its operation or any other issue, including the publication of information which might breach security. The advertiser accepts that where such matters arise in discussion, that 'the site' does not extend any views on these matters as domain experts and the explicit advice of 'this site' is that an advertiser should seek professional advice on such issues at their own expense, before approving or authorising 'the site' to publish such material. All liability rests with the Advertiser. 

In circumstances where 'the site' is instructed to prepare or set up the advertisement, a set-up fee is applicable, based on an hourly fee, with an minimum charge of £25. The advertiser is required to proof the advertisement immediately upon publication, to enable immediate changes or enable its removal where required. The time of publication will be set by agreement. Where an advertiser decides to withdraw their advertisement, this will be subject to the termination and refund policy of 'the site', however the 'user' remains liable for the set-up fees incurred for work carried out. Advertisements are deemed to run from the date they are published for proofing, unless any amendments can not be carried out immediately, in such circumstances the date of publication will deem to commence on the date amendments are made and uploaded.

As 'this site' is deemed to act upon the advertisers direct instructions it remains the advertiser's responsibility and liability to ensure the integrity of all aspects of their advertisement. This will include but is not limited to: content, accuracy, legality, legislation, intellectual property rights, copyright, trademarks & logos. During the period of set-up and publication the advertiser extends to 'the site' full legal authority to copy, duplicate, amend, resize and in every aspect rework the material provided for publication and in providing 'the site' with this material, the advertiser is deemed to have informed the site that full ownership rests with them. The advertiser becomes liable to 'the site' and any other damaged third party, for damages, compensation full legal & other costs, where it becomes apparent or it is discovered that ownership for such material does not rest with the advertiser or that the advertiser acted in bad faith in the supply and/or publication of such material.

Advertisers and/or their agents, submitting advertising or promotional material for publication on 'the site' are solely responsible for that material. Their obligations includes but is not limited to ensuring that such content complies with all applicable terms, conditions, disclaimers, legislation and regulations. 'This site' strictly disclaims all liability and responsibility for all such material.

The advertiser should: (i) agree with 'the site' the period of their advertisement, the date of commencement and conclusion (ii) the set-up fee where applicable or ensure the content is supplied to the site in a timely manner, to the sites specifications (iii) the advertiser agrees to forfeit any days lost in the period set aside for publication, where it is deemed that the delay is in part or in whole the fault of the advertiser.

Additional Terms

All users in accessing 'this site' are liable for their conduct and undertake to cover the costs legal or otherwise, including compensation should their actions compromise the integrity of 'the site', its reputation or its service in breaking 'the sites' terms, conditions, disclaimers. This extends to any user knowingly breaking the law, or where they should have reasonably known they were breaking the law, in their actions. 

Advertising Set-up & Charges 

Where 'the site' has received payment in the form of a set-up fee, all copyright and ownership remains with the Advertiser for the material provided and for material that has been directly derived from the material provided. However, this material is only provider to the advertiser in the form of publication. It is the sole responsibility of the advertiser to copy the material off 'the site', before the set expiry date.

Where 'this site' lends its creative input to enhance the advertisement for the client, all creative material excluding those outlined above remain the sole ownership and copyright of 'the site', this caveat includes slogan creation. An advertiser is at liberty to decline in advance any creative input from 'the site' or to contract 'the site' for such a purpose, but where such material is disclosed to the advertiser it is done so on this basis of the advertisers compliance with this stipulation and is subject to copyright and privilege. All intellectual property rights belong to this site, and all rights, including copyright are reserved. The advertiser may seek the purchase of such rights, in writing but will be liable for compensation, damages and costs in using such material without prior written consent either during or after the business relationship has ceased. The advertiser agrees not to use any work currently used on the site, or created by the site on any other media or for any other media campaign, during the period of their contract with the site and further agree not to use any material which is the creative work of the site and subject to copyright.

Pricing & Service Options

'This site' provides a full list of its official fees & charges, relevant to our standard advertising packages. Users can access this information from the link 'advertise with us' which is available at the bottom of each page on 'the site'. It is the responsibility of any person wishing to advertise, to recheck the listed prices before placing their order, as 'this site' conducts quarterly reviews of its pricing structure. Advertisers will be charged the listed price quoted on the site, at the time their order is placed, unless they are in possession of a valid quote or are availing or a special or sale offer. Such offers are subject to additional terms, conditions and disclaimers, which the advertiser should read carefully, in addition to all other relevant terms, conditions, disclaimers subject to the advertisement they are to place with 'the site'. 

Where 'the site' amends its pricing structure during a quarterly review, existing advertisers, will not be impacted by such changes, unless their current contract is due to expire at that time or their contract with 'the site' is due for renewal. As such advertisers should make themselves aware of any changes in charges, at the time of, and before they renew.

Advertisers with 'the site' that have been offered a special offer, sale offer or negotiated quote should check the terms, conditions and disclaimers relevant to such an offer and in particular be aware of the date on which such an offer expires. All advertisers who have been offered a quote or negotiated rate should be aware that such a quote or offer, expires within 7 days of the quote or offer being extended, without exception.

'This site' makes every effort to publish it pricing structure, however advertisers may be subject to additional fees where they wish to tailor or adapt their advertising package. In such circumstances, the advertiser will be given opportunity to withdraw, subject to 'this sites' termination and refund policy. 

Payment Method: simplybelfast.co.uk accepts both cash and cheques. All cheques should be made payable to simplybelfast.co.uk

Service Payment

All advertising options including costs are listed on 'the site' and unless a special offer, including sale offer is in place on your order, this is the amount owing and which should be paid, on or before the payment due date. All accounts become owing on the first day of publication of the advertisement and the client should settle their account within 14 days of this date. Where an advertising client fails to settle their account within this time period they are considered to have defaulted on their agreement with 'the site' and are considered as 'Late Payers'. As such their account can at 'the site's' discretion be suspended without further notice and they can be banned from future advertising on 'the site'. A late paying client remains liable to pay the outstanding amount, interest on the outstanding amount and monies covering the expense (time & cost) of recovering the outstanding amount.  The Advertiser agrees to pay 'the site' on time for each and every advertisement. Where a payment is not made by the due date the advertiser accepts and agrees that they become liable for: (i) an administration charge in the sum of £30 (ii) interest on the amount owed, calculated at the rate of four per cent above the base rate of National Westminster Bank plc, accruing from day to day.

Where an advertiser has availed of a special offer or sale offer, other terms, conditions & disclaimers apply. Advertisers should ensure they have read and agree these additional commitments as proceeding to place an order using a special or sale offer, is deemed to constitute your acknowledgement and acceptance of these additional terms, conditions and disclaimers.

Period of Advertising

Business advertising is carried on the site, for the period covered by payment or the period specifically negotiated with 'the site'. Where terms, conditions, disclaimers and other duties are honoured, the advertisement will remain onsite and will only be removed on or after the agreed date. Advertisers accept that occasionally there may be delays in removing advertisements and accept that the site disclaims all liability for such delays and that 'the site' will remove their advertisement at it earliest convenience. Where an advertiser deems that an overrun on their advertisement would cause disruption, operational issue, contractual client issue or cause any other impact on their business they should flag and agree an absolute date for the advert to cease, or contact the site on the day they wish the advertisement to cease.

A business advertiser may contact 'the site' requesting the removal of their ad before the end of the advertisement's run, but in doing so accepts to be bound by 'sites' refund policy and accepts that refunds for any unused period at returned at 'the sites' discretion upon an application from the advertiser.

Cancellation & Termination

Termination - 'the site' reserves that right to terminate advertising services to any client where we are unable to meet the specifications required in terms of space, size, bandwidth, technical expertise or are unable to deliver what the Advertiser seeks or requires, 'the site' also reserves the right of termination on the basis of site restructuring  Where a service is offered to an advertising client on a ongoing basis, the site reserves the right to withdraw such a service with 14 days written notice to the advertiser. All monies paid for such a service will be returned in line with 'the sites' refund policy. The site disclaims all liability for any loss or damage, perceived or otherwise, including potential or perceived loss of business, in withdrawing any service or in providing or terminating an advertisers contract.

In such circumstances the advertiser is free to contract another form of advertising from 'the site' but again should be aware that operational necessity, restructuring or other issue may lead the site to withdraw the service without liability to 'the site', reasons for such restructuring may include but are not limited to (i) commercial viability (ii) complaints (iii) legal threat or legal action .Again, in such circumstances the advertiser can apply to 'the site' for a refund covering any unused portion of advertising. All such matters are considered in accordance with 'the sites' refund policy.  Furthermore the right of termination extends to any customer behaving in an unacceptable or unlawful way. Suspicious or criminal behaviour may lead to prosecution.

Service Disruption - An advertiser may seek to terminate their contract with 'the site' without prior notice, in circumstances where disruption is considered substantial by 'the site', (more than 72 hours). In such circumstances the Advertiser should apply for the return of monies which have been paid in advance and not yet used. 'The site' will consider the return of monies for any unused period of the contract on a pro-rota basis and will further consider a request from the Advertiser for the return of pro-rota monies for the period of disruption, where the period exceeds 72 hours. Upon the return of such monies both parties will consider the contract to be at an end and all matters resolved as full and final payment..

Business advertisers can seek a return of monies paid for advertising which they now seek to cancel, so long as they cancel in writing 72 hours in advance of the advertisement start date. Monies will not be refunded for set-up, creative input or other fees. Where an advertiser wishes to cancel an advertisement currently published, they may do so in accordance with the following provisions: (i) the request is made in writing (ii) the cancellation request does not include the current period (i.e. current month) but refers only to the rest of the advertising run (iii) the return of monies is only considered on a pro-rota basis (iv) the advertiser does not act in bad faith by failing to comply with payment due dates and that the money being considered for return has in fact been paid to 'the site' (v) the advertiser has not broken terms, conditions or site disclaimers including other legal obligations

Where 'the site' wishes to cancel an advertisement currently published or that have been agreed for publishing 'the site' may do so in accordance with the following provisions, which the user is deemed to have accepted, in the placement of their advertisement:  (i) notice is given in writing (email or post)  72 hours in advance of the stated action, unless circumstances dictate immediate termination of the advertisement (ii) notice is not required to be provided to the user where the law requires immediate termination, for example an ASA ruling (iii) notice is not required where the advertiser has broken terms, condition, disclaimers, legal requirement or otherwise acted in bad faith (iv)  the notice to the advertiser should indicate whether it covers the current period (i.e. current month) or refers to future periods (iv) 'the site' will consider upon application from the advertiser, the return of monies for any unused period, such a refund will be considered on a pro-rota basis (v) the site will consider upon application any request from the advertiser for the return of monies for the current period (i.e.. current month) where the advertiser is considered to be faultless (vi) the advertiser accepts the forfeiture of monies paid for advertising terminated due to their own conduct and/or actions  (vii) the user accepts that no compensation, damages or costs will be paid for by 'the site' invoking its right to terminate their advertising and disclaims all liability and responsibility for any loss or damage suffered or perceived to be suffered, including any potential or perceived potential loss of business.

Also see the section covering: Refund Policy

Suspension of Service

'The site' reserves the right to withdraw services from an advertising client, where any of the following circumstances apply: (i) Where an advertisement can longer legally be shown due to a ruling by the Advertising Standards Authority (ASA) (ii) Where it is uncovered that the advertisement breaches the 'Advertising Standards' outlined above (iii) Where a company makes claims, or claims on behalf of a product which cannot be proved or remains questionable (iv) Where the company breaches any term or condition to which their contract is subject (v) Where payment is not received, by the payment due date (vi) Where the behaviour of the advertiser breaches 'a trust' or where their behaviour or business operation becomes subject to an investigation by agencies such as the police, local council, trading standards, OFT, Health & Safety etc. (vii) Where the advertiser is no longer able to provide the service they wish to advertise (viii) Where one of the  advertiser's former/current clients make substantiated claims which they are pursuing through legal action (ix) Where the integrity of 'the site' would be compromised should the advertisement continue to run

Refund Policy

'This site' does not offer any compensation, refund or cost in the provision of any of its free services. 

Trade advertisers using the 'classified ads' section of the site, will not be refunded for any ad placed which is already published, but a trader holding an account which is in credit, can seek a return of any unused balance of that account.

Business advertisers can seek a return of monies paid for advertising which they now seek to cancel, so long as they cancel in writing 72 hours in advance of the advertisement start date. Monies will not be refunded for set-up, creative input or other fees. Where an advertiser wishes to cancel an advertisement currently published, they may do so in accordance with the following provisions: (i) the request is made in writing (ii) the cancellation request does not include the current period (i.e. current month) but refers only to the rest of the advertising run (iii) the return of monies is only considered on a pro-rota basis (iv) the advertiser does not act in bad faith by failing to comply with payment due dates and that the money being considered for return has in fact been paid to 'the site' (v) the advertiser has not broken terms, conditions or site disclaimers including other legal obligations

Where 'the site' wishes to cancel an advertisement currently published or that have been agreed for publishing 'the site' may do so in accordance with the following provisions, which the user is deemed to have accepted, in the placement of their advertisement:  (i) notice is given in writing (email or post)  72 hours in advance of the stated action, unless circumstances dictate immediate termination of the advertisement (ii) notice is not required to be provided to the user where the law requires immediate termination, for example an ASA ruling (iii) notice is not required where the advertiser has broken terms, condition, disclaimers, legal requirement or otherwise acted in bad faith (iv)  the notice to the advertiser should indicate whether it covers the current period (i.e. current month) or refers to future periods (iv) 'the site' will consider upon application from the advertiser, the return of monies for any unused period, such a refund will be considered on a pro-rota basis (v) the site will consider upon application any request from the advertiser for the return of monies for the current period (i.e.. current month) where the advertiser is considered to be faultless (vi) the advertiser accepts the forfeiture of monies paid for advertising terminated due to their own conduct and/or actions  (vii) the user accepts that no compensation, damages or costs will be paid for by 'the site' invoking its right to terminate their advertising and disclaims all liability and responsibility for any loss or damage suffered or perceived to be suffered, including any potential or perceived potential loss of business.

Also see the section covering: Cancellation & Termination.

Copyright

Business advertisers accept full responsibility for protecting and enforcing their own copyright, intellectual property rights and trademarks. Business advertisers should include in their advertisement a copyright, trademark, or other statement where they deem appropriate. Business advertisers accept full responsibility and liability for the content of their submission and accept through the placement of their advertisement that they agree to be bound by the copyright statement listed within the general terms, conditions and disclaimer of this site.

Disclaimer - Advertising

'This site' declines liability and reserves the right to void your contract where the client, their agent or another party through bad faith or criminality make it impossible to perform the contract. 'The site' does not accept liability for any loss or damage financial or otherwise and reserves the right to prosecute such action without further notice.

'The site' does not guarantee bandwidth, available space nor that it will be accessible 24 hours a day, nor does it accept liability for 'the site' being offline. The Advertiser must accept that 'the site' disclaims all liability financial or otherwise in such circumstances, in particular, where ' the site' is down for either a short or substantial period of time. Where 'the site' is offline for what 'the site' considers to be a 'substantial' period, the advertiser may seek a pro-rota return of monies (which where paid in advance) and acknowledges that upon such a return, that the contract between the advertiser and the site will be deemed by both parties to be at an end. 

The site does not let out/sublet space to others. The website, its pages and its email accounts are only ever accessible to 'the site' and its staff and access will not be permitted to any advertiser or client.  

No liability for financial charges, financial loss, damage or any other claims are accepted by the site. The information provided is done so in good faith and whilst best efforts are used to ensure accuracy at the time of publication, information by its very nature may change more quickly than our ability to keep pace, in addition errors can occur from time to time in transcribing such information.

No liability for financial charges, financial loss, damage or any other claims are accepted by the site. Where the website suffers from issues outside our control such as downtime, poor service, insufficient bandwidth or loss of data or any other issue, 'the site' decline liability for loss or damage and as such no monies nor compensation, will be owing. 

Clients are encouraged to keep a backup of their own material as such loss will not be compensated for. Clients should keep copies of their own ads etc. as upon completion of our contract ads are deleted and no backup is kept, it remains the client responsibility to retain a copy of their own advertisements.

Where a client wishes to terminate their contract without notice they will forfeit and accept to forfeit the monies they have paid for the current term, that being the current month. Furthermore, they agree to pay the monies outstanding at the time of termination. Whilst no penalty is owing, should the site terminate without notice we will return monies if they have been paid for the current term only, excluding any fees such as set-up fees, creative fees etc. Monies will only be returned if there is no outstanding matters between the site and the client and the reason for the termination was not one of misconduct criminal or otherwise.

The site reserves the right to refuse to carry features, articles, adverts or other articles without notice and without furnishing reasons. The site reserves the right to decline advertising where such advertising is in bad taste, is contrary to the sites mission statement or beliefs. The site will not 
carry material which encourages discrimination or prejudice against others. The site further reserves the right to refuse to carry adverts from companies who have had court ruling against them in the past ten years. 

At no stage does 'this site' promote your business, act as your agent, endorse you products or services or allow you, as either a user or an advertiser, to represent your business, trade, product or service, as being endorsed by 'this site' or representing your relationship with 'this site' to your customer, client, service provider or third party, any higher than the relationship of Advertiser.

The site make no guarantees to the advertiser on any issue, other than the publication of their advertisement which is subject to terms, conditions, disclaimers and legal liabilities. In providing the advertisement 'the site' make no guarantees to any user, including advertisers, to display any other material on the site or to keep the site maintained or up to-date, all material and content on 'the site' is provided strictly at the discretion of 'the site'. Furthermore 'the site' will not permit a user, advertiser or any other party to input, contribute or attempt to influence site content, including but not limited to editorial. Advertisers and users submitting material to 'this site' in whatever form, whether for paid or unpaid services should ensure full acceptance of these terms and disclaimers in advance, as 'the site' in no way becomes liable for such matters. 'The site' having disclaimed all liability and responsibility for such matters will not be held liable by any user, for loss or damage, whether perceived or otherwise.

Making A Complaint

'The site' endeavours to maintain a healthy business relationship with all users including advertising clients. Unfortunately on occasion, a dispute can arise, in such circumstances 'the site' will seek to meet your concerns in an informal way, however, if such an approach fails we would invite you to forward to us, your complaint using our formal complaints procedure.

Community Focus: Belfast City, Northern Ireland - simplybelfast.co.uk