Simply Belfast Magazines Disclaimers
No responsibility is accepted by Simply Belfast for:
1 Advertisers who fail to submit their ads or who fail to submit their ads on time
2 Advertisers who fail to submit their ads in the appropriate formats or size
3 Advertiser's ads that require work, but were such work has not been book in advance
4 Any interruption or delay to Simply Belfast services, including online accessibility or services
5 Any difficulty the Advertiser experiences in delivering any Advertisement Copy
6 For any loss or damage to any Advertisement copy and/or any other materials. Advertisers should retain secure copies of all such materials
7 Cannot guarantee that the Advertisement will be of the same quality, as the ad sent, although reasonable care will be taken to reproduce Advertisements
8 Cannot guarantee the time and dates of delivery
9 Cannot guarantee the position of Advertisements other than premium pages
10 Do not accept responsibility for checking or proofing reading submitted advertisements
11 Do not accept responsibility for any additions to, changes in, deletions from, advertisement copy
12 Do not accept responsibility for delays in publication
13 Do not accept responsibility for withdrawal of any Advertisements required by any regulation authority such as the ASA
14 Do not accept responsibility for withdrawal of any Advertisements where we reasonably believe it breaks our Terms or would damage our reputation
15 Do not accept responsibility for withdrawal of any Advertisements we believe would cause offence
16 Where an Advertisement is booked but due to an error is not published, Simply Belfast will seek to offer an alternative publication date/s. If alternative
date/s prove unacceptable the original booking will be cancelled and the Advertiser shall be entitled to a full refund within 28 days, if payment has been made.
This shall be the Advertiser's sole remedy for failure to publish the advertisement.
17 Where an ad supplied to Simply Belfast from the Advertiser contains a substantial error, the Advertiser will have no recourse having supplied the offending
material
18 Where an ad supplied to Simply Belfast from the Advertiser, for editing, contains when printed a substantial error, the Advertiser will have no recourse
if the Advertiser was responsible for proofing the ad and either failed to do so within time scales or failed to do so period or approved the offending copy.
19 Where an ad supplied to Simply Belfast from the Advertiser, for editing, contains when printed a substantial error due to a mistake by Simply Belfast, on
request we will re-publish the Advertisement at no additional cost to the Advertiser. However Simply Belfast shall not be responsible for repetition of the
same errors and it is the Advertiser's responsibility to inform Simply Belfast of any errors and provide any necessary assistance to prevent a repeat of
the error/s
20 Under no circumstances will Simply Belfast be responsible, for any (actual or perceived) loss of profit, loss of reputation, loss of opportunity, loss of
goodwill, loss of anticipated saving, loss of revenue and/or any other loss arising as a s result of the relationship between Simply Belfast and the Advertiser
and the Advertiser accepts when entering into such a relationship, without exception, that Simply Belfast's maximum total liability for any loss or damage,
perceived or otherwise, arising out of or in relation to any Advertisement placed, whether in contract, tort or otherwise shall not exceed the total amount
of the charges for the relevant Advertisement actually paid by or on behalf of the Advertiser.
21 Nothing in these Terms shall affect the statutory rights of an Advertiser
22 The Advertiser upon placing their order consents to hold harmless and fully reimburse Simply Belfast for all claims, losses or expenses arising as a result
of any breach or failure to perform any of these Terms, including but not limited to Breach of Advertising regulations / laws, Breach of another's Intellectual
or copyrights, failure to pay or late payment.
23 Where an Advertiser instructs Simply Belfast to design an ad, their payment covers the design for the advertisement to be used in Simply Belfast Magazines
only. The Advertiser accepts that Simply Belfast owns the copyright for all Advertisements designed by Simply Belfast, including images, slogans and other
design graphics. An advertiser can at the time of ordering or subsequently request Simply Belfast sell or licence copyright of the ad for recreation in an other
publication. However, where ad advertiser uses such an ad without lawful consent, the Advertiser agrees to compensate Simply Belfast in the sum of £3000 for the
breach and pay in full all costs related to the recovery of such compensation or related matters. Likewise where an Advertiser supplies Simply Belfast with an
Advertisement, they must first gain all permissions relating to their advertisement and agree to indemnify Simply Belfast against any and all claims relating
to their ad.
24 The Advertiser grants Simply Belfast the right (free of charge) to use the Advertiser's name, trade marks and/or logos and Ad as necessary for the purpose
of publishing their Ad
25 The Advertiser grants Simply Belfast the right (free of charge) to use the Advertiser's name, trade marks and/or logos and Ad as necessary for the purpose
of publishing their Ad and accept that their Ad, where included in an online publication, will remain available online, within the magazine, at the absolute
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 statements, general terms, conditions, disclaimer and policies listed in our terms.
Disclaimer - Advertising
'Simply Belfast' declines liability and reserves the right to void the client's 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 providing 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 or within 14 days. 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 an A5 magazine with five local editions, they are: Simply Belfast Eastside Edition, Simply Belfast Southside Edition, Simply Belfast Northside Edition, Simply Belfast South East Edition and Simply Belfast Westside Edition. The number pf pages in each edition of the 'Simply Belfast' is at the sole discretion of Simply Belfast. 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 advertising, content balance is at the sole discretion of Simply Belfast as is the nature of the content such as editorials, stories or articles. The placement of ads alongside other content is completely coincidental, as such the advertiser agrees to hold Simply Belfast blameless in circumstances where their ad sits alongside content with which they take exception or where they perceive or believe the content to have damaged their business or caused loss perceived or otherwise. In circumstances were Simply Belfast increase or decrease the magazine size, advertisers accept that no notice of this will be provided to them and consent to their advertising content being placed in a magazine, the number of pages of which is at the sole discretion of Simply Belfast. Popular local magazine sizes include 32 pages, 48 pages or 64 pages
The 5000 copies of each edition of the 'Simply Belfast' magazine will be distributed in the first instance to designated shops & businesses in the target area with remaining copies being delivered to homes in the distribution area. The distribution area for each edition is at the sole discretion of Simply Belfast. Properties within the distribution area may be omitted where dogs are present, workmen, machinery or vehicles are deemed by the distributor to prevent safe delivery, where the driveways are deemed exceptional long or where for example there is some other reason that prevents delivery, such as a funeral. Any copies left over following delivery within the designated area will be delivered to other properties in the area. As the magazine will also be published on the 'Simply Belfast Group' of sites and may be displayed on a third party site, advertisers consent by placing their ad to their ad being made available in the online version of the magazine, hosted both on our sites and where applicable on third party sites. As such advertisers much also accept the terms, conditions and disclaimers that our applicable to our online users and advertisers. In proceeding, advertisers are deemed to provide permission for their advertisement to be displayed in accordance with these Terms and where applicable on other third party sites not owned by the 'Simply Belfast Group'.
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