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

Simply Belfast Magazine Advertisers

In addition to the general terms, conditions and disclaimer which all site users (including advertisers) are subject to, business advertisers undertake to be bound by the additional terms, conditions and disclaimers. The following terms, conditions and disclaimers are applicable to those advertising in the printed version of the Simply Belfast Magazine.

The advertiser should ensure that prior to placing your advertisement with the 'Simply Belfast Magazine' that you have read:

1. The General Terms, Conditions & Disclaimers - Applicable to all site users
2. The Terms, Conditions & Disclaimers  - Applicable to online advertisers only
3. The Terms, Conditions & Disclaimers (below) - Applicable to to advertisers in the 'Simply Belfast Magazine'

Note: You are deemed to have accepted all relevant terms, conditions & disclaimers by proceeding to place your ad.
Note: For ease of reference in reading the following terms, conditions & disclaimer, the term 'Simply Belfast Magazine' will be referred to as 'Simply Belfast' for the remainder of this page.

Advertising Standards

Advertising in 'Simply Belfast' 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 'Simply Belfast' 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 'Simply Belfast' (x) that the advertisement provides valid contact details and complies with legal requirements such as displaying your company's legal status (e.g. limited company status and company number).     

Advertising Restrictions

All advertising content is subject to size limitations, deadlines and restrictions.

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 'Simply Belfast' 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 'Simply Belfast' permission to reproduce all material submitted and reproduce to other parts of 'Simply Belfast' including other websites in the group or other publishing sites used by 'Simply Belfast'. (iv) The Advertiser agrees to check the correctness, accuracy and integrity of the Advertisement, within 48 hours of a request from 'Simply Belfast' or 'As Requested' by 'Simply Belfast' should a publication deadline be looming. The Advertiser undertakes to report any errors, omission or mistakes to Simply Belfast immediately upon discovery. This does not affect the liability for payment at the due time. (v) The Advertiser will indemnify 'Simply Belfast' and keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever incurred by 'Simply Belfast' arising directly or reasonably foreseeable as a result of any breach or non-performance by the Advertiser (vi) All material contained in 'Simply Belfast' is published in good faith and 'Simply Belfast' 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, cancellation or any other cause, and whether on the part of 'Simply Belfast' or its employees including agents or any other person. Under no circumstances shall 'Simply Belfast' 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 'Simply Belfast' was advised of the possibility of such losses. In all other respects, 'Simply Belfast' 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 'Simply Belfast' 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 'Simply Belfast' 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 'Simply Belfast' does not extend any views on these matters as domain experts and the explicit advice of 'Simply Belfast' is that an advertiser should seek professional advice on such issues at their own expense, before approving or authorising 'Simply Belfast' to publish such material. All liability rests with the Advertiser. 

In circumstances where 'Simply Belfast' 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 before publication, to enable immediate changes or enable its removal where required. Where an advertiser fails to submit their ad on time, submits it in an incorrect format or fails to proof their ad to set or agreed timelines, the advertiser accepts that the ad will not be run in 'Simply Belfast' but that they are still liable for full payment of the fee and agree to forward the fee within 7 days of the publication date. 

Where an advertiser decides to withdraw their advertisement, the advertiser remains liable for the fee, unless it is waived in writing by 'Simply Belfast'. In addition, where 'Simply Belfast' has been requested by the advertiser to set-up or design the ad, the advertiser remains liable for such fees and agrees to forward all monies owing within 7 days of canceling or withdrawing their advertisement.

As 'Simply Belfast' 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 'Simply Belfast' full legal authority to copy, duplicate, amend, resize and in every aspect rework the material provided for publication and in providing 'Simply Belfast' with this material, the advertiser is deemed to have informed 'Simply Belfast' that full ownership rests with them. The advertiser becomes liable to 'Simply Belfast' 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 in 'Simply Belfast' 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. 'Simply Belfast' strictly disclaims all liability and responsibility for all such material.

The advertiser should: (i) agree with 'Simply Belfast' 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 'Simply Belfast' in a timely manner, to required specifications (iii) the advertiser agrees to forfeit the ad, where it is deemed that the delay is in part or in whole the fault of the advertiser.

Advertising Set-up & Charges 

Where 'Simply Belfast' 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 provided to the advertiser in the form of publication. It is the sole responsibility of the advertiser to obtain a copy of the material in the publication.

Where 'Simply Belfast' 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 'Simply Belfast', this caveat includes slogan creation. An advertiser is at liberty to decline in advance any creative input from 'Simply Belfast' or to contract 'Simply Belfast' 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 'Simply Belfast', 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 'Simply Belfast', or created by 'Simply Belfast' on any other media or for any other media campaign, during the period of their contract with 'Simply Belfast' and further agree not to use any material which is the creative work of the site and subject to copyright.

Pricing & Service Options

'Simply Belfast' provides a full list of its official fees & charges. It is the responsibility of any person wishing to advertise, to recheck the listed prices before placing their order, as 'Simply Belfast' conducts quarterly reviews of its pricing structure. Advertisers will be charged the listed price as quoted, 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 'Simply Belfast'.

Advertisers with 'Simply Belfast' 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.

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 this 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 for 'Simply Belfast' become owing on the day an advertiser submits their advertisement for publication or where 'Simply Belfast' has assisted in the ad set-up or design of an ad, the amount becomes owing on the date set for the advertiser to proof such content, regardless of whether the advertiser proofs the ad or not. All accounts owing should be settled within 7 days of these dates. Where an advertising client fails to settle their account within this time period they are considered to have defaulted on their agreement with 'Simply Belfast' and are considered as 'Late Payers'. As such their account can at 'Simply Belfast's' discretion be suspended without further notice and they can be banned from future advertising with 'Simply Belfast' and its sites. 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 'Simply Belfast' 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 'Simply Belfast', for the period negotiated and the period covered by payment. 

Cancellation & Termination

Termination - 'Simply Belfast' reserves that right to terminate advertising services to any client where we are unable to meet the specifications required in terms of space, size, technical expertise or are unable to deliver what the Advertiser seeks or requires, 

'Simply Belfast' reserves the right to withdraw, cancel or terminate this service without notice to advertisers and without accepting liability for matters such as, but not limited to loss perceived or otherwise, inconvenience or damages. Reasons for terminating this service without notice may include  (i) commercial viability (ii) complaints (iii) legal threat or legal action. In such circumstances monies paid to 'Simply Belfast' for advertising which will not now by run, will be refunded in accordance with the 'Simply Belfast' refund policy.

The advertiser accepts the return of any monies as an end to all matters and accepts them as resolved and accepts such payment as full and final payment. 

Suspension of Service

'Simply Belfast' 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 'Simply Belfast' would be compromised should the advertisement continue to run

Refund Policy

Refunds to 'Simply Belfast' Advertisers are made at the sole discretion of 'Simply Belfast' 

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

'Simply Belfast' 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. 'Simply Belfast' does not accept liability for any loss or damage financial or otherwise and reserves the right to prosecute such action without further notice.

'Simply Belfast' does not guarantee advertising space nor a publication or distribution date. The Advertiser must accept that 'Simply Belfast' disclaims all liability financial or otherwise in such circumstances. 

No liability for financial charges, financial loss, damage or any other claims are accepted by 'Simply Belfast'. The information provided in 'Simply Belfast' 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 'Simply Belfast'. Where 'Simply Belfast' suffers from issues outside our control such as missed deadlines, third party service issues, publication issues, distribution issues or any other issue, 'Simply Belfast' 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 ad. Furthermore, they agree to pay the monies outstanding at the time of termination. Whilst no penalty is owing, should 'Simply Belfast' terminate without notice, we will return monies if they have been paid for an advertisement not yet published or not about to be published in the next three weeks, excluding any fees such as set-up fees, creative fees etc. Monies will only be returned if there is no outstanding matters between 'Simply Belfast' and the client and the reason for the termination was not one of misconduct criminal or otherwise.

'Simply Belfast' reserves the right to refuse to carry features, articles, adverts or other articles without notice and without furnishing reasons. 'Simply Belfast' reserves the right to decline advertising where such advertising is in bad taste, is contrary to the 'Simply Belfast' mission statement or beliefs. 'Simply Belfast' will not carry material which encourages discrimination or prejudice against others. 'Simply Belfast' 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 'Simply Belfast' 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 'Simply Belfast' or representing your relationship with 'Simply Belfast' to your customer, client, service provider or third party, any higher than the relationship of Advertiser.

'Simply Belfast' makes no guarantees to the advertiser on any issue, other than the publication of their advertisement which is subject to terms, conditions, disclaimers, service provisions and legal liabilities. In providing the advertisement 'Simply Belfast' make no guarantees to any user, including advertisers, to display any other material in 'Simply Belfast', all material and content in 'Simply Belfast' is provided strictly at the discretion of 'Simply Belfast'. 

'Simply Belfast' is a 32 page A5 magazine. It is separated into four editions, they are: Simply Belfast Eastside Edition, Simply Belfast Southside Edition, Simply Belfast Northside Edition, Simply Belfast Westside Edition. Whilst each edition of 'Simply Belfast' aims to be a 32 page publication, advertisers should be aware that the numbers of pages in each edition may either go up to facilitate more advertising content or may go down should advertising content fall. 

The 5000 copies of 'Simply Belfast' Eastside Edition will be distributed in the first instance through shops in East and South Belfast, with any remaining copies being delivered to homes in East Belfast. As the magazine will also be published on the 'Simply Belfast Group' of sites and displayed on a third party site, advertisers much also accept the terms, conditions and disclaimers relevant to our online advertisers. In proceeding advertisers are deemed to provide permission for their advertisement to be displayed on other third party sites not owned by the 'Simply Belfast Group'.

All advertisers are required to accept the above terms, conditions, disclaimers and information before submitting your advertisement, as submitting such content is deemed by 'Simply Belfast' as your acceptance of them.

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.

 

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