1.Definitions

Advertisements means any kind of promotional or advertising material (including, but not limited to, display advertising, advertorial content, sponsorship and/or directory advertising) that is, as the case may be: (i) to be printed in a Print Publication and/or (ii) to be published or otherwise displayed by electronic means via or as part of or in connection with any Online Publication;

Advertiser means the person booking the Advertisement upon request to the Council, including advertising agents and independent media buyers which shall for the purpose of these terms and conditions act as principals on their own behalf for all purposes connected herewith;

Booking Form means a written confirmation from the Council to the Advertiser that states that the request for Advertisement has been accepted.

Contract means the request for placing the Advertisement by the Advertiser and the acceptance of the Advertisement by the Council pursuant to a Booking Form and payment, further to these terms and conditions.

Council means the London Borough of Islington;

Law the laws of England and Wales and any other laws or regulations, regulatory policies, guidelines or industry codes which apply to the placing of the Advertisement or with which the Advertiser is bound to comply.

Online Publication means any website operated or controlled by the Council or other electronic medium (including, but not limited to, email communications and alerts), whether connected with or related to the title of a Print Publication or otherwise.

Print Publication means any magazine, insert or ‘onsert’ (and including any supplement for which no charge is made to its recipient and which is published whether regularly or occasionally as part of or in association with such magazine) published by the Council;

Rate Card means the Council’s current scale of charges for Advertisements, a current copy of which may be obtained from the Council.

2. Application of Terms and Conditions

2.1 All Advertisements are subject to acceptance by the Council.

2.2 The Council reserves the right to reject, cancel, or require modification of any Advertisement for any reason, including content that is deemed inappropriate, offensive, misleading, or non-compliant with Law.

2.3 Advertisements must not conflict with the values, policies, or objectives of the Council, nor promote anything that contravenes the Law.

3. Advertising Content and Responsibility

3.1 The Advertiser is responsible for ensuring the content of their Advertisement complies with all relevant Laws, including but not limited to the Advertising Standards Authority (ASA) Code of Practice, the Data Protection Act 1998, UK GDPR, the Gambling Act 2005 and the Consumer Protection from Unfair Trading Regulations.

3.2 Advertisements must be clear, truthful, and not misleading. Claims should be substantiated.

3.4 The Council is not liable for any errors or omissions in Advertisements, nor for any consequences arising from incorrect, misleading, or untruthful content.

4. Prohibited Advertising

4.1 The following categories of advertisements will not be accepted:

a) Alcohol, tobacco, or drug-related products.

b) Political advertisements or promotions for political parties.

c) Pornographic or adult content.

d) Gambling or betting services.

e) Products or services that promote discrimination or hate speech.

f) Advertisements promoting pyramid schemes, fraudulent activities, or any illegal practices.

5. IslingtonLife Advertising Policy

5.1 All Advertisers and Advertisements must comply with the IslingtonLife Advertising Policy (as amended from time to time).

6. Submission and Publication of Advertisements

6.1 The issue of a Rate Card does not constitute an offer by the Council to contract. A Contract is made only by the Council’s acceptance of the Advertiser’s order as effected by the Council issuing a confirmed Booking Form.

6.2 The Rate Card is subject to revision at any time and the price prevailing at the time the Contract is made binds the Advertiser only in respect of the agreed booking as confirmed by the Council’s Booking Form.

6.3 It is the Advertiser’s responsibility to check the accuracy of the Advertisement. The Advertiser warrants that any Advertisement submitted by it for publication shall comply with all applicable Laws and is not an infringement of any other party’s rights.

6.4 The Advertiser warrants that all copy submitted to the Council (including any linked website) is legal, truthful, honest and decent and otherwise complies with the British Code of Advertising, Sales Promotion and Direct Marketing and all other relevant and applicable codes, guidance or regulations under the remit of the Advertising Standards Authority.

6.5 The Council reserves the right at any time in its absolute discretion to require the Advertiser to amend any artwork, materials or copy for and relating to any Advertisement or to cancel any Contract or to omit or suspend an Advertisement (for example if it is libelous, unlawful, defamatory, pornographic, socially unacceptable, insensitive or otherwise contrary to editorial policy). Should cancellation, omission or suspension be due to the act or default of the Advertiser or its servants or agents including the unsuitability of the Advertisement as indicated above, then the Advertiser shall pay for the space reserved for the Advertisement in full notwithstanding that the Advertisement has not appeared. Such cancellation, omission or suspension shall be notified to the Advertiser as soon as reasonably possible.

6.6 The Advertiser warrants that any Advertisement in relation to any investment or financial promotion (as defined under the Financial Services and Markets Act 2000) has been approved by an authorised person within the meaning of the Act or the Advertisement is otherwise permitted under the Act, the Financial Promotion Order 2001 or any other legislation subordinate to the Act.

6.7 The Council does not undertake to review the contents of any Advertisement and any such review of and/or approval by the Council will not be deemed to constitute an acceptance by the Council that such Advertisement is provided in accordance with these terms and conditions, nor will it constitute a waiver of the Council’s rights hereunder. If the Council considers it necessary to modify space or alter the date or position of insertion or make any other alteration it shall notify the Advertiser of this as soon as reasonably practicable.

6.8 Any complaints concerning the Advertisement from the Advertiser must be received in writing by the Council not more than 14 days after the publication date of the Advertisement.

6.9 The Advertisement must comply with the technical specifications including but not limited to, format and resolution as notified to the Advertiser by the Council from time to time.

7. Payment and Pricing

7.1 All Advertisements must be confirmed by a Booking Form before the Contract is valid.

7.2 Payment will be calculated in accordance with the Rate Card and must be made within 30 days of receipt of invoice, unless otherwise agreed in writing.

7.3 Late payments may result in the cancellation of the advertisement and/or a late payment fee.

7.4 The Council reserves the right to revise its Rate Card at any time, but any changes will not affect Advertisements already booked.

8. Cancellation Policy

8.1 Advertisers may cancel their booking up to the advertisement deadline as set out in the Booking Form without incurring charges. Cancellations after this deadline will incur the full fee.

8.2 The Council may cancel any Advertisement at any time if it is found to breach these terms and conditions, or for any other reason. In such cases, any prepaid fees will be refunded, except in cases of breach of these terms by the Advertiser.

9. Indemnity

9.1 The Advertiser agrees to indemnify and hold harmless the Council, its employees, and agents from any liability, loss, or expense (including legal costs) arising from any claims related to the Advertisement, including but not limited to infringement of intellectual property rights or breach of advertising standards.

10. Amendments to Terms

10.1 The Council reserves the right to amend these terms and conditions at any time. The most current version of the terms and conditions will be applicable to all Contracts.

11. Liability

11.1 The Council will exercise reasonable care and skill in the handling and publishing of the Advertisement, but where the Advertisement is not published in the manner specified in the terms and conditions, whether through any failure or negligent act or omission on the part of the Council or any third party, the Council’s maximum liability to the Advertiser shall be limited (at the option of the Council) to either:

a) publishing the Advertisement (or a replacement Advertisement if provided by the Advertiser) as soon as is reasonably practicable in the period following the period during which the Advertisement was scheduled to run; or

b) refund to the Advertiser the amount of any payment made for the Advertisement concerned.

11.2 The Council shall not be liable for any indirect, special or consequential loss or damage arising from any failure to publish an Advertisement as agreed with the Advertiser, including, but without limitation, any late or incorrect publication, any non-publication or inaccurate reproduction of the Advertisement, whether caused by the Council’s error or negligence or by any reason whatsoever. The Council shall not be liable whatsoever in respect of any error or omission in respect of publishing the Advertisement which is not notified to the Council in writing within one calendar month of the actual publication date of the Advertisement.

12. Complaints

12.1 Any complaints regarding advertisements must be submitted in writing within 30 days of publication. Complaints will be dealt with in accordance with the Council’s complaint handling procedures.

13. Data Protection

13.1 The Advertiser agrees to comply with the UK General Data Protection Regulation (GDPR) and Data Protection Act 2018 regarding the collection, processing, and storage of any personal data involved in the advertisement.

13.2 The Council will not share Advertiser data with third parties without consent, except as required by Law.

14. General

14.1 The Advertiser expressly acknowledges that it has not relied on any representation made by or on behalf of the Council, other than as set out in these terms and conditions, in entering into the Contract.

14.2 All Contracts are subject to these terms and conditions and no variation or addition thereto shall be effective unless specifically agreed to in writing by the Council. Any other terms or conditions sought to be imposed by the Advertiser are expressly excluded.

14.3 The Advertiser may not assign or transfer any of its rights under these terms and conditions to any third party.

14.4 No person who is not a party to the Contract has any right under the Contracts (Right of Third Parties Act 1999 to enforce any part of the Contract.

14.5 Where the Advertiser, for the purposes of these terms and conditions, is an advertising agency, the Advertiser represents, warrants and undertakes that it has full authority to enter into the Contract on behalf of, and to bind, the company whose products or services are being promoted.

14.6 The Council and Advertiser warrant that any information given to the other party which ought reasonably be treated as confidential shall be treated as such and such information shall not be disclosed by either party without the prior written consent of the other.

14.7 These terms and conditions and the Contract shall constitute the entire agreement between the parties with regard to its subject matter and shall supersede all prior understandings, commitments and undertakings that either party may have given.

14.8 These terms and conditions and all other terms of the Contract shall be construed in accordance with the Laws of England and the parties submit to the jurisdiction of the English courts.