1. Definitions
In these Terms & Conditions:
- “Publisher” means INK & TIDE PUBLISHING, operator of the website located at www.thewhitbyanchor.co.uk
- “Advertiser” means the individual or organisation purchasing advertising services from the Publisher.
- “Advertisement” means any banner, sponsored content, display advert, video, classified listing, or promotional material supplied by the Advertiser.
- “Website” means the Publisher’s online newspaper and associated digital platforms.
2. Acceptance of Terms
By placing an order for advertising with the Publisher, the Advertiser agrees to be bound by these Terms & Conditions.
3. Advertising Orders
3.1 All advertisements are subject to acceptance and approval by the Publisher.
3.2 The Publisher reserves the right to refuse, reject, suspend, or remove any advertisement at its sole discretion without liability.
3.3 Submission of an advertisement does not guarantee publication.
3.4 The Advertiser warrants that all information supplied is accurate, lawful, and not misleading.
4. Advertising Content
4.1 Advertisements must comply with all applicable laws, regulations, and advertising standards in the United Kingdom, including guidance issued by the Advertising Standards Authority (ASA).
4.2 The Advertiser shall not submit material which:
- Is defamatory, offensive, discriminatory, or obscene;
- Infringes intellectual property rights;
- Contains false or misleading claims;
- Promotes illegal products or services;
- Contains malware, malicious code, or harmful redirects.
4.3 Sponsored or advertorial content may be labelled as “Sponsored”, “Advertisement”, or similar wording at the Publisher’s discretion.
5. Artwork and Technical Specifications
5.1 The Advertiser is responsible for supplying advertising materials in the required format and by the stated deadlines.
5.2 The Publisher may make minor formatting adjustments where necessary for display purposes.
5.3 The Publisher is not responsible for errors in advertisements supplied by the Advertiser.
6. Placement and Availability
6.1 Advertisement placement, positioning, and duration are subject to inventory availability.
6.2 The Publisher does not guarantee uninterrupted display, specific page positions, traffic levels, impressions, clicks, or user engagement unless expressly agreed in writing.
6.3 The Publisher reserves the right to rotate advertisements and make changes to website layout or positioning.
7. Payment Terms
7.1 Payment is due in full within SEVEN days of invoice unless otherwise agreed in writing.
7.2 Advertisements may be withheld or removed where payment is overdue.
7.3 All prices are exclusive of VAT unless stated otherwise.
7.4 Late payments may incur interest and recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
8. Cancellation and Refunds
8.1 Cancellation requests must be made in writing.
8.2 The Publisher may charge cancellation fees where advertising space has been reserved or work has commenced.
8.3 No refunds shall be issued for advertisements already published unless required by law.
8.4 The Advertiser shall remain liable for any outstanding amounts due in respect of advertising space booked, production costs incurred, or services already provided by the Publisher up to the date of termination.
9. Intellectual Property
9.1 The Advertiser grants the Publisher a non-exclusive licence to display, reproduce, and distribute the advertisement for the agreed campaign period.
9.2 The Advertiser warrants that it owns or has obtained all necessary rights and permissions relating to the advertisement content.
10. Liability and Indemnity
10.1 The Publisher shall not be liable for:
- Any indirect or consequential loss;
- Loss of revenue, profits, business, or reputation;
- Technical interruptions, website downtime, or delivery failures.
10.2 The Advertiser agrees to indemnify and hold harmless the Publisher against any claims, damages, liabilities, costs, or expenses arising from:
- Breach of these Terms;
- Advertisement content;
- Violation of third-party rights;
- Breach of applicable law.
11. Data Protection
11.1 Each party shall comply with applicable data protection legislation, including the UK GDPR and Data Protection Act 2018.
11.2 The Publisher may collect and process campaign performance data for reporting and operational purposes.
12. Force Majeure
The Publisher shall not be liable for failure or delay in performance caused by events beyond its reasonable control, including but not limited to technical failures, cyber attacks, natural disasters, strikes, or governmental actions.
13. Termination
The Publisher may terminate or suspend advertising services immediately if:
- The Advertiser breaches these Terms;
- Payment remains overdue;
- The advertisement may expose the Publisher to legal or reputational risk.
14. Governing Law
These Terms & Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
15. Business Closure and Insolvency
15.1 In the event that the Publisher ceases trading, enters liquidation, administration, insolvency proceedings, or otherwise discontinues operation of the Website or advertising services, the Publisher shall not be liable to provide refunds, compensation, or damages to the Advertiser for any unused advertising period, prepaid fees, or anticipated advertising benefits.
15.2 The Advertiser acknowledges and agrees that advertising services are provided subject to the continued operation and commercial viability of the Publisher’s business.
