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  Advertising Terms and Conditions

WHITBY NEWSBRIEF LIMITED TERMS OF BUSINESS

1. ACCEPTANCE
Acceptance of the order shall be completed upon the Purchaser (hereafter referred to as 'the Client') signing the booking enquiry form and forwarding a copy by email or hard copy to Whitby Newsbrief. No agent or representative of Whitby Newsbrief Limited (hereafter referred to as 'The Company') is authorised to make any representations, statements, conditions or agreements not expressly confirmed by The Company in writing and The Company is in no way bound by any such unauthorised statements nor shall any such statements be, or be capable of being taken to form part of a contract with The Company collateral to this contract. Without limiting any of the following:

(a) Any condition contained in any order or other communication from the Client which is inconsistent with, or is contrary to these terms and conditions shall be of no effect unless the condition is agreed to and recorded in writing.

(b) The provisions of the Consumer Guarantees Act 1993 (hereafter referred to as 'the Act') are to the fullest extent permitted under the Act expressly excluded and shall not apply to the extent that the Act would otherwise have applied to any goods or services supplied or provided by The Company to the Client and the Client, in accepting any goods and/or services supplied by The Company acknowledges and agrees that it is not a consumer within the meaning and/or the purpose of the Act.

2. LOCATION
All advertisements shall appear on a run of paper basis and shall be placed at the sole discretion of The Company or The Company's representative. The Company may withhold inclusion in the Whitby Newsbrief until any or all of the requirements of The Company have been met. The Company will not be liable for any delay in publication nor for non-delivery for any reason whatsoever.

3. ACCEPTABLE COPY
The Client shall forward their own design that they require The Company to publish in PDF or EPS (print quality resolution) format. The Company shall accept copy by email or device. The Client shall forward files created in Photoshop in CMYK mode for colour or GREYSCALE for black and white. The Client shall embed all fonts or shall supply fonts if not embedded.

4. RIGHT OF REFUSAL
The Company reserves the right to refuse to accept, or to edit, any copy submitted for inclusion in Whitby Newsbrief. The Company shall receive copy in good faith and all responsibility for its accuracy shall be the sole responsibility of the Client without limitation.

5. PUBLICATION
The Company shall publish the Whitby Newsbrief from January to December on the first day of the month (or as close to this day as possible). The client shall advise The Company of their intent to advertise by the 16th of the month prior to the publication deadline and supply all relevant information and copy by the 20th of the month prior to the publication deadline.

6. PRICE
The Company reserves the right to alter its prices at any time. The Company may also alter its prices between the date of order and the date of publication if any cost increases have occurred beyond the control of The Company, including exchange fluctuations. Prices quoted exclude Goods and Services Tax unless otherwise stated.

7. TERMS OF PAYMENT
Payment for the goods is as notified by The Company is required by 20th of month of issue date. If payment is not received by The Company on its due date interest could charged at a rate of 2.5% per month on any amounts not received. If the Client defaults in any payments or if the Client commits any act of bankruptcy or if the Client does any act which would render it liable to be wound up or a receiver appointed The Company may terminate the Contract without prejudice to any other rights and any payment for all goods delivered shall immediately become due and payable.

8. CLAIMS
(a) All claims must be received by The Company within seven (7) days of publication, and must include the number and date of accompanying invoices.

(b) All claims must specifically identify the problem.

(c) To the fullest extent permitted by the provisions of the Act or otherwise at law or in equity, The Company shall under no circumstances be liable to the Client or any other person for indirect or consequential loss or special damage of any kind arising out of or attributed to any breach by The Company of its obligations under any contract of supply of goods or services, negligence on the part of The Company or any act or thing done or not done by The Company and for the purpose of these terms and conditions consequential loss shall include (without limitation) loss of use of goods or services, loss of income or profit, and loss or damage to persons and property.

9. WAIVER
All the original rights, powers, exemptions and remedies of The Company shall remain in full force not withstanding any neglect, forbearance or delay in the enforcement thereof. Any waiver shall apply only to the particular transaction.

10. PRIVACY ACT
(a) The Client acknowledges that any personal information supplied by the Client may be used or held for the purpose of obtaining credit reports, character references or credit statements to assess the credit worthiness of the Client or its Directors or Principals.

(b) The Client acknowledges that any personal information supplied by the Client may, in the event of non-payment or late payment, be passed on to any relevant agent for the purposes of debt collection.

(c) Failure to provide any information requested by The Company or the provision of any incorrect information may result in the refusal or suspension of credit facilities.

(d) Any questions regarding access to or correction of information held by The Company regarding the Client should be addressed to The Company's Privacy Officer.
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