Standard Terms and Conditions – ADVERTISING ACCEPTANCE

Charges for advertising are for the period shown on any invoice issued by Shout Local, for instance display advertising is usually for a minimum contract term of three months unless otherwise stated. Enhanced listing package prices are stated per year. For the purpose of the conditions set out below, the term “Advertiser” shall refer to the Advertising Organisation, Event Organisation or his Agent, whichever is the principal. The term “Advertisement” shall refer to all paid communications, including banner advertisements, display advertisements, microsites, enhanced listing, sponsor badges/logos/adverts, events and email sponsorship messages. These Terms and Conditions are additional to Shout Local standard terms and conditions also set out below.

1. These conditions shall apply to all Advertisements accepted for publication on any website managed, owned, published or associated with Shout Local. The placing of an order for the insertion of an advertisement shall amount to an acceptance of the terms and conditions and any conditions stipulated on an agency's order form or elsewhere by an agency or an advertiser shall be void insofar as they are in conflict with them.
   
   
2. All Advertisements are accepted subject to Shout Local approving the copy and to space being available in the location(s) required. Due to the heavy demand for advertising space, some advertising pages may, on occasion be restyled to accommodate advertisers. We apologise for any inconvenience caused by this method but believe this is preferable to the alternatives of limiting space or having to hold advertisements over to a later upload date. In all cases existing advertisers will be informed of such changes.
   
   
3. Shout Local reserves the right to omit or suspend an Advertisement at any time for good reason, in which case no claim on the part of any Advertiser for damages or breach of contract shall be accepted. Should an Advertisement not appear due to the act or default of the Advertiser, then the space reserved for the Advertisement shall be paid for in full, notwithstanding that the Advertisement has not appeared.
   
   
4. Advertisement copy shall be legal, decent, honest and truthful; shall comply with the British Code of Advertising Practice and all other Codes under the general supervision of the Advertising Standards Authority; and shall comply with the requirements of current legislation. The Advertiser warrants that the Advertisement does not contravene any Act of Parliament in the UK, or in any other country, nor is it in any other way illegal or defamatory, or an infringement of any other party’s rights, or an infringement of the British Code of Advertising Practice. The placing of an order by an advertiser, or an advertising agency on behalf of a client, constitutes an assurance that all necessary authority and permission has been secured in respect of the use in the advertisement(s) of pictorial representations of (or purporting to be of) living persons, and of references to the words attributed to living persons.
   
   
5. Every care is taken to avoid mistakes however; Shout Local cannot accept liability for any errors due to third parties, subcontractors, or inaccurate or ambiguous copy instructions. Mistakes must be notified to us within two weeks of insertion. Due to the nature of our sites and being that changes can be made immediately claims for credit cannot be considered. Although errors are usually rectified immediately, we regret we are unable to accept responsibility for repetition of any error on subsequent insertions. We therefore request that advertisers kindly check their advertisements carefully before any live uploads. In the event of any error, misprint or omission in the display of an advertisement or part of an advertisement, Shout Local will either re-insert the advertisement or relevant part of the advertisement as the case may be. No re-insertion, 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 Shout Local for any error, misprint or omission exceed (a) the amount of a full refund of any price paid to Shout Local for the advertisement in connection with which liability arose or (b) the cost of a further or corrective advertisement of a type and standard reasonably comparable to that in connection with which liability arose.
   
   
6. In the event of any error, misprint or omission in the printing of an advertisement or part of an advertisement (not being a matter covered by Clause (5) of this Contract) Shout Local will either re-insert the advertisement or relevant part of the advertisement as the case may be. No re-insertion, 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 Shout Local for any error, misprint or omission exceed (a) the amount of a full refund of any price paid to Shout Local for the advertisement in connection with which liability arose or (b) the cost of a further or corrective advertisement of a type and standard reasonably comparable to that in connection with which liability arose.
   
   
7. ARTWORK - The copyright for all purposes in all artwork, copy and other material which Shout Local or its employees have contributed to or reworked shall vest in Shout Local. The layout, design, type faces/sizes, border, etc. of any advertisements which are not complete artwork are left entirely to the discretion of the composing staff. Clients who require artwork by post must provide stamped addressed envelopes, otherwise proofs of artwork will be sent via email. Although every effort will be made to meet colour requests, this cannot be guaranteed and is subject to provision of the correct HEX, RGB or HSL code.
   
   
8. If any claim arises against Shout Local as a result of an Advertisement, the Advertiser will be fully liable to indemnify Shout Local.
   
   
9. Advertisement rates may be revised at any time. Orders are accepted on the condition that the price binds Shout Local only in respect of the existing order. In the event of a rate increase, the Advertiser will have the option to cancel a future order without surcharge, or continue the order at the revised advertisement rates.
   
   
10. Cancellation of display and enhanced listing advertisements ordered for the next upload of a site must be received at least one week before site upload. Amendments must reach our offices no later than 48 hours before site upload. If the Advertiser cancels the balance of a contract then Shout Local has the right to surcharge previous advertisements in the series where a series discount had been applied. Shout Local will allow to an advertiser/advertising agency the right to cancel any unexpired part of an order without penalty in the event of the death or failure of its client.
    
    
11. Series discounts apply only to orders placed in advance and completed within the agreed timescale of the first insertion. Shout Local reserves the right to surcharge in the event of insertions not being completed within the contractual period.
    
    
12. Purchase order numbers are only accepted as a form of reference for an advertiser. Shout Local will not under any circumstances commence work on a project or make an advertisement ‘live’ until full payment has been received. Standard terms are strictly that payment is due by return.
    
    
13. Advertiser Menu and price lists may be changed up to three times a year within the standard cost. Any changes outside of included changes are charged at £15 per change.
    
    
14. The due date for payment is by return in all cases, Shout Local is not responsible under any circumstances for losses incurred from non-insertion of an advertisement due to uncleared funds.
    
    
15. Payment by credit/debit cards. We reserve the right to impose an administration charge (no greater than that imposed on ourselves) for the processing of credit/debit card transactions.
    
    
16. If payment by cheque is not honoured, an administrative charge of £25 will be applied. Shout Local reserves the right to charge interest on monies outstanding for completed work at 4% (four per cent) over the Bank of England’s base rate, to be charged monthly. Unpaid accounts referred to a third party for recovery will incur collection costs.
    
    
17. Charges may be made to the Advertiser where the editors are involved in extra production work owing to acts or defaults of the Advertiser.
    
    
18. Shout Local must receive cancellation or suspension of an advertisement in writing in accordance with the advertising rate card cancellation terms. As all advertisements are paid in full before insertion no refund will be given in the event of an advertiser cancelling an order either after work has commenced or an advert has been inserted into a site.
    
    
19. The advertiser/advertising agency agrees to indemnify Shout Local in respect of all costs, damages, or other charges falling upon the business as an electronic format as the result of, legal actions or threatened legal actions arising from the publication of the advertisement, or any one or more of the series of advertisements, published in accordance with the copy instructions supplied to Shout Local in pursuance of the advertiser/advertising agency's order. In any case where a claim is made against Shout Local or Shout Local is sued the advertiser/advertising agency may ultimately be liable under the terms hereof, notice in writing shall be given to the advertiser/advertising agency, and consultation shall take place before any expense is incurred or the claim is settled or the case is defended or otherwise disposed of.
    
    
20. The Advertiser must supply copy without application from Shout Local. If copy instructions are not received by the agreed copy date (two weeks before site upload), Shout Local reserves the right to repeat the most appropriate copy. Copy will be changed as required by the advertiser/advertising agency, provided adequate time is allowed. Currently Shout Local uploads advertisements on the 1st and the 15th of each month.
    
    
21. Advertisers’ property, artwork etc are held at owners’ risk and should be insured by them against loss or damage from whatever cause. Shout Local reserves the right to destroy all artwork, which has been in his custody for three months from the date of its last appearance.
    
    
22. Shout Local shall not be liable for any loss or damage occasioned by any total or partial failure (however caused) of publication or distribution of any of its sites in which any advertisement is scheduled to appear.
    
    
23. Telephone calls to our customer service centre, sales or administrative offices may be monitored for staff training, quality and verification purposes.
    
    
24. Shout Local never passes or sells personal or company details on for marketing purposes.
    
    
25. Trade Descriptions Act 1968. All advertisements will be accepted only on the express conditions that the advertiser warrants that the advertisement does not in any way contravene the provisions of the Trade Descriptions Act 1968
    
    
26. These conditions and all other express terms of contract shall be governed and construed in accordance with the laws of England.
    
    

General Operating User Agreement - TERMS OF SERVICE

This agreement (the "Agreement") describes the entire terms and conditions for accessing and using http://www.shoutlocal.com and all sub websites based on this URL and other URL's where the word Shout Local is used in the address (the "Web Site") published by Anything Business Local Limited, a company registered at, James House, Mere Park, Dedmere Road, Marlow, Buckinghamshire SL7 1FJ, in the United Kingdom ("The Company").

The following definitions apply to the Agreement:
the "Contents" - any information, data, text, graphics, images, links or computer code published on or contained within the company operated sites.

"Promotion(s)" - includes press releases, corporate and personal descriptions/profiles, editorials, advertisements, products and services submitted to the Web Site for publication by the company.

"User" : Any individual which enters the Web Site.
"Supplier" : A user that submits text, graphics, data, information and trademarks for publication on the Web Site.

Copyright
No part of the Web Site may be reproduced, stored in a retrieval system or transmitted in any form or by any means - electronic, mechanical, photocopying, recording or otherwise - without the prior written permission of the company and the respective copyright or trademark owner. The Web Site and related files are the property of the company as a collective work under copyright laws.

The company name and logo and all related product and service names, design marks and slogans are the trade names, service marks, or trademarks of the company, and may not be used without the prior written consent of the company.

Ownership of information, data, trademarks, corporate logos and graphics remain the property of their owner, which are supplied to the company for restricted use on the Web Site and associated publications.

Promotions
Users are free to submit information and data to any sub web site operated by the company for example; www.shoutlocal.com/maidenhead subject to approval of the company’s administration centre. The company accepts no responsibility for the accuracy or contents of this information when published on the Web Site.

Promotions are accepted only on the express condition that the Supplier warrants that the information and graphics to be published do not contravene the Provisions of the Trade Description Act 1968 or any other relevant national and international legislation.

The name and address of the Supplier, whether for publication or not, must accompany each Promotion.
The company reserves the right to decline or withdraw any Promotion, or make any alterations necessary to ensure conformity with our standards.

Although every effort is made to meet the wishes of Suppliers, the company do not guarantee the insertion of any particular Promotion on a specified date, or at all.

It is the responsibility of the Supplier to check the correctness of each insertion of a Promotion. The company assume no responsibility for the reception of errors in Promotions published on the Web Site. Suppliers must contact the administration centre.

You agree that by posting or otherwise submitting information to a site operated by the company, you grant and assign the company and its successors a non-exclusive, royalty-free, worldwide, perpetual, and non-revocable license to use, disseminate, display, reproduce, and create derivative works from such material in any and all media, in any manner, in whole or in part, without any duty to account to you or provide prior notice. You also grant the company, the right to authorize the downloading and printing of such material, or any portion thereof, by end users for their personal use. No liability is accepted for any consequences alleged to arise from an omission or inaccuracy in the publishing of any Promotion on the Web Site.

The placing of an order for the insertion of a Promotion shall amount to an acceptance of the above conditions, and any conditions stipulated by a Supplier or third party acting on behalf of a Supplier shall be void in so far as they conflict with the above conditions.

The company do not accept liability for any loss or damage incurred by Suppliers allegedly arising in respect of loss, damages or non-receipt of email replies or links originating from the any site operated by the company.

Submissions and the Contents published on the Web Site are for information purposes only and it is the responsibility of the User to identify and confirm the accuracy and suitability of the Contents, Promotions and Suppliers for whatever purpose.

The company’s sites may contain information about various products and services. When reviewing this information, be aware that you are responsible for your own investment and purchasing decisions concerning these products and services. In particular, you are responsible for analysing any information you intend to rely upon and determining whether it is current, complete, and accurate.

In order to provide you with access to valuable information, the company may enter into business arrangements with a variety of third parties. As a result, the company may receive compensation from or have other business arrangements with some of the persons or entities noted on the site. The company, its employees, agents and others who provide content to the any operated site may have financial interests in some of the entities, goods, and services noted on the site, and the company does not require its staff or other parties who supply content to company operated sites to disclose such interests.

Since the company operated sites may contain information and opinions provided by numerous individuals and organizations, the company does not guarantee the accuracy, completeness, or usefulness of the information presented on the Web site. The company does not endorse the views, opinions or recommendations of any third party, nor does it advocate the purchase or sale of any goods or services, in particular any investments or securities.

No responsibility is accepted for damage or loss of artwork, graphics, and text.

Financial Terms
As a Supplier you agree to pay all charges for the publication of submissions made to the company at the price then in effect converted from English Sterling for your country of residence. All charges will be exclusive of value added (VAT), or sales or other taxes. The company reserves the right to change prices or institute new charges at any time upon not less than (30) days' notice to Suppliers. All charges will be posted by the company at its offices, and users are responsible for ensuring they are aware of current pricing information before entering into any contract.

Payment of your account balance is due in full before any service will be made ‘live’ and, unless you have a qualified business account, must be made by a credit or debit card, bank transfer or business cheque designated by you for the company’s use and transactions. If your account is a qualified business account and is approved by the company for corporate billing, charges will be accumulated, identified by Supplier identification number and invoiced on a monthly basis.

Charges are to be paid on a monthly basis in the currency in which billed. If the payment method for your account is by credit card then a surcharge will be incurred on the full cost of the invoice. If payment in either case is not received by the company from the card issuer or its agents, you agree to pay all the amounts due upon demand by the company. Each time you submit information to be published on any of the company’s services, or allow or cause the company’s services to be used for your personal or corporate advantage, you agree and reaffirm that the company is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with the company, and you must refer to such agreement with respect to your rights and liabilities as a cardholder. You agree that the company may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that the company may delay obtaining authorization from your card issuer until submission of the cumulative charges.

Your set-up fees and all accounts are payable in advance and are non-refundable. Early termination of use or the withdrawal of service by the advertiser will not be under any circumstances generate from the company a refund for unused services. In the case of the company removing service due to breach of contract or following investigation of service no refund will be available for unused service. The company reserves the right to suspend or terminate services without prior notice upon rejection of any card charges or if your card issuer (or its agents or affiliates) seeks return of payments previously made to the company when the company believes you are liable for the charges. Such rights are in addition to and not in lieu of any other legal rights or remedies available to the company.

Any credits or refunds due or offered by the company will be offered in the form of a credit note available as a discount to future services by the company, under no circumstances will credits and refunds be offered having a monetary value.

General
You agree not to use any site operated by the company for illegal purposes, or for the submission or transmission of material that is harassing, threatening, libellous, confidential, invasive of another's privacy, obscene, tortuous or otherwise unlawful or objectionable. This includes the submission or transmission of any information which, if posted, would violate the contractual, intellectual property or fiduciary rights of any other person or entity. You also agree not to use sites operated by the company for the distribution of "spam", unsolicited mass distribution of e-mail, junk mail, chain letters or other commercial solicitations. Additionally, you agree not to submit or post any information which is not pertinent to the topic at hand.

Each User assumes full responsibility and all risks arising from use of the Web Site. The Contents are presented "AS IS" and may include technical inaccuracies or typographical errors.
This content is intended to be a general information resource in regard to the subject matter covered, but is provided solely on an "AS IS" and "AS AVAILABLE" basis as noted on this page. The period of this Agreement is limited to the company operated sites remaining accessible to Users.

The company cannot control and cannot edit all Suppliers Contents prior to transmission of the Web Site, nor can the company ensure the prompt removal of inappropriate or unlawful Content after transmission.
Suppliers submissions and postings are not reviewed for truth or accuracy and do not represent the opinion, beliefs, or statements of the company, the Web Site or any of its officers, directors, employees, subsidiaries, agents, parents, or affiliates.

Suppliers of any information to the Web Site are fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary rights.

The company reserves the right to decline, withdraw or terminate access to the Web Site without notice, or make alterations to the terms and conditions of the Agreement at any time and at its sole discretion, by posting a new agreement on the Web Site.

Company operated sites may contain links to web sites operated by other parties. The linked sites are not under the control of the company, and the company is not responsible for the content available on any other web sites linked to the Web site. Such links do not imply the company’s endorsement of material on any other site and the company disclaims all liability with regard to your access to such linked web sites. The Company provides links to other web sites as a convenience to users, and access to any other web sites linked to this Web site is at your own risk.
Unless otherwise set forth in a written agreement between you and the company, you must adhere to the company’s linking policy as follows: (i) any link to the company’s operated sites must be a link provided by the company. (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the company’s names and trademarks, (iii) the link must "point" to the pre agreed index page and not to other pages within the a company operated sites, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with the company, (v) when selected by a user, the link must display a company operated site on full-screen and not within a "frame" on the linking web site, and (vi) the company reserves the right to revoke its consent to the link at any time and in its sole discretion.
Warranty Disclaimer: The company, its operated sites or its affiliates or their respective employees, agents or independent contractors makes no warranties, representations or conditions with regard to any of the Web Site's Contents, services or products, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade (and to the quality, performance or fitness for a particular purpose of the Web Site).

Limitation to Damages: Under no circumstances shall the company or any of its officers, directors, employees, subsidiaries, agents, parents, or affiliates be held liable for any indirect, incidental, special or consequential damages, even if the company has been advised of the possibility of damages, (including, without limitation, damages for losses whether of a personal, public, institutional or corporate nature, loss of any revenues or profits) arising in contract, tort or otherwise from the use of or inability to use any operated site, or any of the Contents contained in it, or from any action or decision taken as a result of using an operated Site or the Contents. The company’s liability to you for breach of this Agreement is limited to the amount actually paid (if any) by you for access to and use of the company’s services. You hereby release the company from any and all obligations, liabilities and claims in excess of this limitation.
Indemnification: You agree to indemnify the company from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon your submissions to the a company operated site that are subsequently published by the company on our sites, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other customers and infringement of intellectual property or other rights.

No confidential relationship shall be established in the event that any User of this Web Site should make any oral, written or electronic response to the company (such as feedback, questions, comments, suggestions, ideas, etc.). Such response and any information submitted therewith shall be considered non-confidential, and the company shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information.

Nothing in this Agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties.

The company shall have no liability to Users for any interruption or delay in access to the company operated sites irrespective of cause.

The Agreement will be governed by English Law. The English courts will have exclusive jurisdiction over any disputes arising under this agreement.