Terms and Conditions
1. Agreement: By accessing this website, you agree to the following terms and conditions. If you do not agree, please exit this website.
2. All photographs and graphic design are the copyright of Purbeck Media Limited. The copyright in all content included in this website such as photographs, illustrations, text, software and databases is owned by either us or our content providers. No reproduction of anything on this website is licensed without the written concent of Purbeck Media Limited, as protected by "The copyright Designs and Patents act 1988"
3. Ownership: Unless otherwise indicated, this website and its contents are the property of Purbeck Media Limited and/or its contributors and are protected pursuant to copyright and trademark laws.
4. Authority to Download: By prior arrangement, you may be authorised to download one copy of the material on this website on one computer for your personal, non-commercial use only, but you may not in so doing remove or amend any trademark, copyright or other proprietary notice.
5. No other copying: Subject to the above, you may not modify, copy, distribute, republish or upload any of the material on this website without the prior consent of Purbeck Media Limited in writing. No intellectual property or other rights shall be transferred to you.
6. Postings: To the extent that portions of this website (such as "chat rooms" or "guestbooks" or "notice boards") provide users an opportunity to post and exchange information, ideas and opinions ("Postings"), BE ADVISED THAT PURBECK MEDIA LIMITED MAY NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEBSITE, and Postings do not necessarily reflect the views of Purbeck Media Limited. To the fullest extent permitted by applicable laws, Purbeck Media Limited excludes all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on this Site.
7. NO WARRANTIES: OWNER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS." PURBECK MEDIA LIMITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY. AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. PURBECK MEDIA LIMITED ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, opinions and other material on this website or any website with which it is linked. Price information is subject to change without notice. Your statutory rights as a consumer, if any, are not affect by these provisions, and owner does not seek to exclude or limit liability for fraudulent misrepresentation.
8. Exclusion of Liability: To the fullest extent permitted by applicable laws, Purbeck Media Limited on behalf of its employees, agents, suppliers, and contractors exclude liability for any losses and expenses of whatever nature and howsoever arising, including without limitation any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if Purbeck Media Limited has been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.
9. Law: You agree that the courts of England shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to use of this website, and that the laws of England shall govern such controversy or claim.
10. Hyperlinks: Our website contains links to other websites of customers, contacts and other bodies which we believe may be useful and interesting. Such links, however, are not endorsements by us of any products or services supplied via or referred to in such sites and no information in such sites has been expressly or implicitly endorsed or approved by us. By using a link on our site you indicate your agreement that we shall be under no liability arising out of your use of such link.
11. Payment: Purbeck Media Limited use PayPal to process your online payments for advertising space and other products.
12. Special Offers. Purbeck Media Limited reserve the right to stop any special offers without notice. Complimentary vouchers may not be used in conjunction with any other special offers and no refunds will be made.
Returns of Purchases: If you have made a purchase and decided you no longer require the item, please return to the office address within 7 days of purchase for a full refund (minus any P&P costs). Note - all unwanted items must be returned un-opened and in the same condition as they were when sold. In all cases please make sure you include your full address, contact details and the invoice number for the returned product.
Purbeck Media Ltd - The Purbeck Gazette
General Terms of Business for Advertising
Important: Please read these Terms. They govern the agreement between the Buyer (as defined below) and Purbeck Media Ltd.
1. In these Terms:
a. “Advertisement” means promotional matter to be printed on the page or separately inserted in the Magazine
b. “the Buyer” means the person placing with the Publisher an order for the insertion of an Advertisement, whether such person be the advertiser of the product or service promoted thereby or making the announcement therein (“the Advertiser”) or the Advertiser’s advertising agency or media buyer
c. “Confirmation of Booking” means the document issued by the Publisher to the Buyer or the verbal agreement between the Publisher and the Buyer at the time of booking
d. “Copy Date” means the latest date (as specified in the Confirmation of Booking either verbally or in print) by which advertising copy must be received by the Publisher from the Buyer to enable the Publisher to publish the relevant Advertisement in the issue of the Magazine selected by the Buyer.
e. “Edition” means an edition of any monthly issue of the Magazine which edition is edited for and/or distributed in a geographical area (defined by postcode) which is distinct from other geographical areas (similarly defined) in which other Editions are distributed
f. “Issue Date” means the calendar month shown or to be shown on the cover of any particular issue of the Magazine and in respect of which month that issue is published or to be published
g. “Magazine” means the magazine referred to at 1.i below
h. “Publication Date” means the first day of the Issue Date month
i. “the Publisher” means Purbeck Media Limited being the publisher of multiple editions of the magazine “The Purbeck Gazette” in or with which the Advertisement is to appear or has appeared
j. “the Rate Card” means the Publisher’s rate card in effect for the time being and which may include, among other matters, its scale of advertisement rates, technical specifications, copy and cancellation deadlines and setting styles, and standard terms of business
k. "Distribution" means the current scope of distribution at the time of booking an advertisement, delivered through both door-to-door delivery and through the use of bulk drops in local outlets. Advertisers understand when booking advertising that the Publisher agrees to distribute 20,000 copies of the Purbeck Gazette each month to households and businesses throughout the stated area. As the number of published magazines is less than the total number of households and businesses as recognised by the local district council, the Publisher agrees to distribute 20,000 copies throughout the distribution area to ensure a good, even coverage for the benefit of advertisers. Not every household or business will receive a copy, and the Publisher commits to uploading each monthly edition to the website to allow those who do not receive a paper copy to access it.
l. “Series” means the publication of an Advertisement in series within any 12 month period
m. “these Terms” means these general terms of business including terms set out in the Rate Card and incorporated herein
2. Incorporation of these Terms
a. The placing of an order for the insertion of an Advertisement shall amount to an acceptance of these Terms. Any terms stipulated by the Buyer on any order form or elsewhere shall be void insofar as they are inconsistent with these Terms
b. These terms shall apply to each contract for the insertion of an Advertisement together with such additional terms (if any) as may be set out in the Rate Card, and in the event of any variation or inconsistency between these terms and the terms set out in the Rate Card, the latter shall prevail. A copy of the Rate Card will normally have been delivered to the Buyer prior to the placing of an order for an Advertisement. Copies of the Rate Card are in any event available on request.
3. Advertisement Content
The Buyer warrants that:
a. the reproduction and/or publication of the Advertisement by the Publisher as originally submitted or as amended and/or approved by the Buyer will not breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or render the Publisher liable to any proceedings whatsoever
b. any information supplied by the Buyer in connection with the Advertisement is accurate, complete and true
c. in respect of any Advertisement submitted for publication which 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 identified the Buyer or the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy
d. in relation to any Investment Advertisement, the Advertiser is, or its contents have been approved by, an authorised person within the meaning of the Financial Services Act 1986,or any statutory modification or re-enactment thereof, or the Advertisement is otherwise permitted under such legislation
e. the Advertisement complies with the requirements of all relevant legislation (including subordinate legislation, the rules of statutorily recognised regulatory authorities and the law of the European Economic Community) for the time being in force and applicable in the United Kingdom; and
f. all advertising copy submitted to the Publisher is legal, decent honest and truthful and complies with the British Code of Advertising Practice and all other relevant codes under the general supervision of the Advertising Standards Authority.
4. Publisher’s Right to Refuse or Amend
a. The Publisher may, without derogation from the warranties contained in Clause 3 above, refuse or require to be amended any copy and /or artwork for or relating to any Advertisement so as:
i. to comply with the legal and moral obligations placed on the Publisher or the Buyer or the Advertiser; or
ii. to avoid infringing any third party’s rights, the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority or any production and quality specifications stipulated or referred to in the Rate Card
b. The Publisher may at its discretion, and without notice, hold over any Advertisement and publish the same in the next available issue of the Magazine.
5. No Liability for loss of Copy etc., and Warranty as to retention of Duplicates by Buyer The Publisher shall not be liable, whether in contract, negligence or otherwise for any loss of copy, artwork, photographs or other materials, duplicates of which the Buyer warrants that it has retained in sufficient quality and quantity for whatever purpose
6. Buyer as Advertiser’s Advertising Agency
a. Where the Buyer is the Advertiser’s advertising agency, the Buyer warrants:
i. that notwithstanding such status, Buyer contacts with Publisher as principal
ii. that it is authorised by Advertiser to place the Advertisement with Publisher and
Buyer shall indemnify Publisher against any claim made by Advertiser against
Publisher arising from the publication thereof
b. For the avoidance of doubt, it is hereby declared that the Publisher does not allow any discount in respect of any booking by any advertising agency except where otherwise agreed in advance and in writing
7. Publisher’s Advertising Rates
The Publisher shall have the right to change its scale of advertisement rates (as shown in the Rate Card) at any time, save that no such change shall operate to amend or purport to amend the price at which the Publisher has previously agreed to publish any particular Advertisement for the Buyer
8. Cancellation and Amendment
a. The Publisher shall not be bound by a stop order or cancellation or transfer of the Advertisement unless it complies with the requirements specified on the Purbeck Gazette advert booking form, and any such instruction not so complying shall not (even though it be followed by the Publisher) affect the Buyer’s liability for payment for the Advertisement. The Publisher may treat as a cancellation the fact that the Buyer is deemed unable to pay its debts within the meaning of the Insolvency Act 1986, Section 123 (or any statutory modification or re-enactment thereof) or is otherwise in breach of any of these terms
b. No cancellation of advertisements for any given month is allowed after the published copy date for the month in question (10th of each month)
c. If the Publisher receives a request for cancellation from a Buyer before the end of a pre-booked series of advertisements, then the discount allowed for the series will be revoked and any discount thus allowable (at the discretion of the Publisher) for the number of advertisements actually published will revert to that published on the rate card. The Buyer agrees to pay the balance due in respect of the reduced discount allowable for the advertisements actually published
d. If, notwithstanding the booking of an advertisement, the Buyer shall fail to provide the Publisher with relevant copy or other material for inclusion in the proposed Advertisement, the Publisher reserves the right simply to insert the Advertiser’s name and address and a brief statement of the business carried on by the Advertiser
e. If the Buyer shall request any amendment (not including a correction of any error by the Publisher) to design work submitted by the Buyer or prepared by the Publisher in accordance with the instructions of the Buyer, then the Publisher reserves the right to charge the Buyer for such work at its then current rate for design work or at the rate of £100 per hour whichever shall be the less.
Payment for such work shall be made within 14 days of the date of invoice
f. A verbal agreement to book advertising is a legally binding and will stand as a contract irrespective of a printed booking form being supplied to the buyer
g. If the Publisher builds an advert to an Advertiser's instruction following a booking, if the relevant booking is then cancelled (prior to the given deadline), the Publisher reserves the right to charge the Buyer for such work at its then current rate for design work or at the rate of £100 per hour whichever shall be the less.
h. Not receiving a paper copy of the Purbeck Gazette through the Advertiser's personal door or place of business is covered under 1. 'In these Terms', k: "Distribution". The Advertiser understands at the point of booking that they are paying to advertise in a publication which guarentees 20,000 copies are distributed throughout the area on a monthly basis.
a. Unless otherwise agreed in writing:
b. the Buyer shall make payment in respect of each Advertisement (whether or not such Advertisement is one of a Series) to the Publisher on or before the payment terms printed on Purbeck Media Ltd invoices
c. the Buyer shall, on demand, pay to the Publisher in respect of each Advertisement for which payment is not made by the due date and in respect of any other sum due hereunder and not paid by the due date therefore:
i) The sum of £25 as an administration charge
ii) Interest on the amount overdue at the rate of 10% above the base rate for the time being of Barclays Bank Plc accruing from day to day (including the date on which payment was due) both before and after judgement, and
iii) where court actions and/or recovery agents are instructed to pursue the amount overdue, all additional fees incurred will be added to the outstanding debt of the Buyer
10. Copyright - Copyright is an automatic right in the UK. Unless otherwise specified or agreed in a contract, Purbeck Media Ltd retains the right to all advertisements created for clients. The specific right is for use within printed editions of The Purbeck Gazette and on any Purbeck Media/Purbeck Gazette website. Copyright laws protect against additional use without the prior and proper agreement of Purbeck Media Ltd
11. Buyers obligations
a. to submit copy by the Copy Date. The Publisher shall notify the Buyer of the Copy Date for each relevant Advertisement as soon as practicable and in any event shall specify the same in a written confirmation of the Buyer’s booking of advertising space (“the Confirmation of Booking”). The Buyer shall submit all necessary copy
and artwork for such Advertisement by no later than that Copy Date
b. to check Advertisement and Promptly notify any Defect. It is the responsibility of the Buyer to check the published version of the Advertisement ordered by the Buyer and promptly (and in any event within 7 days of the relevant Issue Date) to notify the Publisher in writing of any error, defect or omission. The Publisher shall have no liability (whether in contract, tort (including negligence) or otherwise) in respect of any repetition of any such defect, error or omission where the buyer has failed so to notify the Publisher
12. Voucher Copies and Tear Sheets
There is no obligation on the Publisher to supply voucher copies or tear sheets, and their absence shall not affect the Buyer’s liability for the agreed charge
a. The Publisher shall not be liable for any failure or delay in performance of its obligations under the agreement to which these terms of business apply which is caused by circumstances beyond its reasonable control including, without limitation, any labour dispute affecting the Publisher or any supplier (including distributor) of the Publisher
b. In the event of any error, misprint or omission in the printing of an Advertisement or part of an Advertisement the Publisher’s maximum liability (if any) in connection therewith shall be the obligation on the part of the Publisher to re-insert the Advertisement or relevant part thereof as the case may be OR, at its discretion, to make a reasonable refund or adjustment to the cost. No reinsertion, refund or adjustment will be made where the error, misprint or omission does not
materially detract from the Advertisement. In no circumstances shall the total liability of the Publisher for any error, misprint or omission exceed the amount of a full refund of the price paid to the Publisher for the particular Advertisement in connection with which liability arises, or the cost of a further corrective Advertisement of a type and standard reasonably comparable to that in
connection with which liability arises
c. The Publisher shall in no circumstances be liable, whether in contract, negligence or otherwise, for any loss of profits, loss of business or any other consequential loss arising out of the performance (whether improper or otherwise) or failure of performance of the agreement to which these Terms of business apply
d. The Publisher repeats the exclusions at Clauses 5 and 10.b above
e. Box Numbers - Whilst all reasonable endeavours will be made as soon as possible after receipt by the Publisher to forward to the Buyer or as it may direct any replies to box numbers, the Publisher accepts no responsibility in respect of any loss or damage alleged to have arisen through delay in forwarding or omitting to forward such replies
f. Nothing in this Clause 12 is intended to, or shall, relieve the Publisher from liability for death or personal injury arising from its own negligence
14. Buyer’s Indemnity
The Buyer shall indemnify the Publisher against all claims, costs, proceedings, demands, losses, damages, expenses and liabilities whatsoever arising directly or reasonably forseeably as a result of any breach or non-performance by the Buyer of any of the representations, warranties or other terms contained herein or implied by law
15. Waiver: Limitation on Scope
No waiver or indulgence by the Publisher shall be effective save in relation to the matter in respect of which it was specifically given
16. Governing Law and Jurisdiction
The agreement to which these Terms of Business apply shall be construed in accordance with and governed by the laws of England and shall be subject to the exclusive jurisdiction of the English Courts. Rev 1 January 2011