THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF clause 10 and 11
Advertisements: has the meaning set out in clause 2.1
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Charges: the charges payable by the Customer for the publication of the Advertisement in accordance with clause 8.
Commencement Date: has the meaning set out in clause 2.3.
Conditions: these terms and conditions as amended from time to time in accordance with clause 15.4.
Contract: the contract between The Jewish Weekly Limited and the Customer for the publication of an Advertisement in accordance with these Conditions.
Customer: the person or firm who places an Order for an Advertisement from The Jewish Weekly Limited
Customer Default: has the meaning set out in clause 3.5.
The Jewish Weekly Limited: The Jewish Weekly Limited registered in England and Wales with company number 10379402.
Inserts: fliers, circulars or inserts inserted into the Newspaper
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Losses: any and all debts, liabilities, claims, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses).
Newspaper: the weekly newspaper published by The Jewish Weekly Limited, titled “The Jewish Weekly Limited”
Print Deadline: the date specified in the Specification, by which the Customer must submit to The Jewish Weekly Limited a copy of the advertisement, or any part of it which makes up part of the advertisement
Order: the Customer’s order for publicising an Advertisement
Specification: the description or specification of the Advertisement(s) provided in writing by The Jewish Weekly Limited to the Customer.
Term: the duration of the Contract, beginning on the Commencement Date and ending on the earliest of:
the date of the last publication, reproduction or posting of the Advertisement; or
the date of on which either party terminates the Contract in accordance with clause 8.
Website: www. .co.uk
A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
Any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
A reference to writing or written includes email.
a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
Acceptance of the Terms and Conditions
These Conditions apply to:
print advertisements in the Newspaper including Inserts; and
online advertisement published on our Website
By submitting an Order to The Jewish Weekly Limited, the Customer accepts and agrees to be bound by these Conditions.
The Order shall only be deemed to be accepted when The Jewish Weekly Limited issues written acceptance of the Order at which point the Contract shall come into existence (Commencement Date).
Any samples, drawings, descriptive matter or advertising issued by The Jewish Weekly Limited, and any descriptions or illustrations contained in The Jewish Weekly Limited’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Advertisements described in them. They shall not form part of the Contract or have any contractual force.
Any quotation given by The Jewish Weekly Limited shall not constitute an offer
Content and publication of the advertisement
The Customer accepts and acknowledges that the publication of the Advertisement is subject to the approval and control of the editor of The Jewish Weekly Limited.
The Jewish Weekly Limited, unless otherwise agreed in writing, does not guarantee the position, time or date of the publication of an Advertisement within a Newspaper
The Jewish Weekly Limited will not publish any Advertisement which does not comply with any Print Deadlines or technical specifications as set out in the Specification or the Customers obligations set out in clause 4.
The Jewish Weekly Limited shall use its reasonable endeavours to reproduce the Advertisement as provided by the Customer but cannot guarantee that the Advertisement will be of the same quality
If The Jewish Weekly Limited’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
The Jewish Weekly Limited shall without limiting its other rights or remedies have the right to suspend publication of any Advertisement until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays The Jewish Weekly Limited’s performance of any of its obligations;
The Jewish Weekly Limited shall not be liable for any Losses sustained or incurred by the Customer arising directly or indirectly from The Jewish Weekly Limited’s failure or delay to perform any of its obligations as set out in clause 4; and
the Customer shall reimburse The Jewish Weekly Limited on written demand for any Losses sustained or incurred by The Jewish Weekly Limited arising directly or indirectly from the Customer Default.
The Customer shall:
ensure that the terms of the Order are complete and accurate;
co-operate with The Jewish Weekly Limited in all matters relating to the Advertisement;
provide The Jewish Weekly Limited with such information and materials as The Jewish Weekly Limited may reasonably require in order to publish the Advertisement, and ensure that such information is accurate in all material respects;
The Customer warrants that:
the publication, reproduction or posting of the Advertisement as set out in the Order will not breach any contract or infringe or violate any copyright, trademark, or other personal or propriety right, nor will it give rise to any claim;
it has obtained the consent of any living person whose name or image (in whole or in part) is contained in the Advertisement;
the Advertisement (including any offer contained therein) complies with all applicable laws, regulations, industry guidance and codes of practices;
the Advertisement is legal, truthful, honest and not misleading, and does not contain any libellous or obscene material in any form;
the Advertisement will be targeted at individuals in the UK;
the Advertisement will not be prejudicial to the image or reputation of The Jewish Weekly Limited or the Website or the Newspaper, and will not contain anything which The Jewish Weekly Limited may in good faith consider to be offensive or otherwise inappropriate;
any and all advertising materials submitted whole or in part by electronic means to The Jewish Weekly Limited will be free from any virus, malware, bit torrent, and any other harmful or damaging code or software and will not cause harm to any of The Jewish Weekly Limited’s computer systems or electronic equipment, or its Website; and
that any landing page and/or destination site linked to from the Advertisement (“Customer’s Site“) will:
be legal, truthful, honest and not misleading, and does not contain any libellous or obscene material in any form;
not be contrary to the provisions of applicable laws, regulations, industry guidance and codes of practices;
not breach any contract or infringe or violate any copyright, trademark, or other personal or propriety right, nor will it give rise to any claim;
will not be prejudicial to the image or reputation of The Jewish Weekly Limited or the Website or the Newspaper, and will not contain anything which The Jewish Weekly Limited may in good faith consider to be offensive or otherwise inappropriate;
will be free from any virus, malware, bit torrent, and any other harmful or damaging code or software; and
The publication of an Advertisement does not mean that The Jewish Weekly Limited accepts that the Customer has complied with its obligations under these Terms or that the Advertisement has been provided in accordance with these Terms, or that The Jewish Weekly Limited has waived any of its rights under these Terms
Print Deadline for the Newspaper
The Jewish Weekly Limited provides no guarantee that it will publish any Advertisement for which a copy of the Advertisement or any part of it is received after the Print Deadline, and in the event that the Advertisement is received after the Print Deadline and not published, The Jewish Weekly Limited shall endeavour to publish the Advertisement in the next edition of the Newspaper. The Customer will be liable for the full cost of the Advertisement, and in no event will The Jewish Weekly Limited be liable for any Losses arising from failure to publish the Advertisement or any errors in the publication of the Advertisement in any particular edition of the Newspaper.
Due to customer demand and the number of editions printed, occasionally The Jewish Weekly Limited cannot distribute the number of Inserts agreed with the Customer in a specific edition of the Newspaper. Where this happens, The Jewish Weekly Limited will endeavour to distribute any remaining Inserts in the next edition of the Newspaper. The Customer will be liable for the full cost of the Advertisement, and in no event will The Jewish Weekly Limited be liable for any Losses arising from failure to insert or any errors in the insertion of Inserts in any particular edition of the Newspaper.
Data Collecting on the Website
Where the Customer wishes to drop cookies on users’ computers or use pixels, web beacons or other data collecting technology (the “Data Collecting Technology“) it shall notify The Jewish Weekly Limited in advance of the publication of the Advertisement and provide all information requested by The Jewish Weekly Limited regarding such Data Collecting Technology.
The Customer, on obtaining the prior written approval from The Jewish Weekly Limited that it may use Data Collection Technology, may only use such Data Collecting Technology and all data collected from it solely in the manner disclosed to The Jewish Weekly Limited
Charges and payment
The Charges for the Advertisement shall be as set out in the Specification
In respect of the Charges for the Advertisement which are set at a standard or fixed rate, The Jewish Weekly Limited reserves the right to change such rates at any time
The Jewish Weekly Limited shall invoice the Customer prior to the Publication Date
The Customer shall pay each invoice submitted by The Jewish Weekly Limited:
Within whichever is the earliest of:
30 days of the date of the invoice; or
the date specified in the invoice.
in full and in cleared funds to a bank account nominated in writing by The Jewish Weekly Limited, and
time for payment shall be of the essence of the Contract.
All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being (VAT). Where any taxable supply for VAT purposes is made under the Contract by The Jewish Weekly Limited to the Customer, the Customer shall, on receipt of a valid VAT invoice from The Jewish Weekly Limited, pay to The Jewish Weekly Limited such additional amounts in respect of VAT as are chargeable
If the Customer fails to make any payment due to The Jewish Weekly Limited under the Contract by the due date for payment, then the Customer shall pay interest on the overdue amount at the rate of 4% per cent per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Jewish Weekly Limited may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by The Jewish Weekly Limited to the Customer.
Intellectual property rights and Data Protection
Each party shall own and retain all title, interest, and rights in its Intellectual Property Rights
The Customer acknowledges that, in respect of any Intellectual Property Rights that are created by or on behalf of and for the benefit of The Jewish Weekly Limited in connection with the Advertisement shall be owned by The Jewish Weekly Limited.
The Customer grants to The Jewish Weekly Limited a worldwide, royalty free license in perpetuity to:
use the Customers names, trade marks and logos as The Jewish Weekly Limited may consider necessary for the purposes of publishing the Advertisement; and
reproduce the Advertisement in any form or media at any time from the date the Advertisement was last published in the Newspaper for promotional purposes.
Each party shall comply with all applicable laws and regulations relating to data protection, including but limited to the Data Protection Act 1998 and any successor legislation
Limitation of liability: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
Nothing in the Contract shall limit or exclude The Jewish Weekly Limited’s liability for:
death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
fraud or fraudulent misrepresentation; or
any other liability which cannot be limited or excluded by applicable law.
Subject to clause 10.1, The Jewish Weekly Limited shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise arising under or in connection with the Contract for:
loss of profits;
loss of sales or business;
loss of agreements or contracts;
loss of anticipated savings;
loss of use or corruption of software, data or information;
loss of damage to goodwill; and
any indirect or consequential loss.
Subject to clause 10.1, The Jewish Weekly Limited’s total liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to the total Charges paid under the Contract
To the extent permissible at law, all other conditions, warranties or other terms which might be implied or incorporated into this Contract, whether by statue, common law or otherwise, are excluded.
The Customer accepts and acknowledges that The Jewish Weekly Limited is subject to a number of authorities having responsibility for the regulation of online or press advertising (including the Advertising Standards Authority), and will not be responsible for any additions to, changes in, deletions from, delays in publication or withdrawal of any Advertisement required by any such authority.
In respect of Advertisements on the Website, The Jewish Weekly Limited does not guarantee continuous, uninterrupted access by users of the Websites, and shall not be liable for any Losses suffered by the Customer where the Website is not fully operational or showing all content
Nothing in these terms and conditions shall affect the statutory rights of an Customer who is a consumer.
This clause 10 shall survive termination of the Contract.
The Customer agrees to indemnify and keep indemnified, and hold harmless The Jewish Weekly Limited against any and all Losses suffered or incurred by The Jewish Weekly Limited arising out of or in connection with any claim from any person arising out of or in connection with the Customers breach or failure to perform any of these Conditions, or any breach of the warranties set out in clause 4.2
Each party undertakes that it shall not at any time during the Contract, and for a period of three years after termination of the Contract, disclose to any person any information which is of a confidential nature or clearly marked as confidential concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 12.2.
Each party may disclose the other party’s confidential information:
to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 12; and
as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.
This clause 7 shall survive termination
The Customer may only cancel the Contract provided that written notice has been given by the Customer to The Jewish Weekly Limited within 30 Business Days of The Jewish Weekly Limited accepting the Order, or if lesser, the Print Deadline.
Without limiting its other rights or remedies, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
the other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 10 days of that party being notified in writing to do so;
the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business.
Without limiting its other rights or remedies, The Jewish Weekly Limited may:
terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment and remains in default not less than 14 days after being notified in writing to make such payment; or
suspend the publication of the Advertisement under the Contract or any other contract between the Customer and The Jewish Weekly Limited if the Customer becomes subject to any of the events listed in clause 13.2(b) or The Jewish Weekly Limited reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.
Consequences of termination
On termination of the Contract for any reason:
the Customer shall immediately pay to The Jewish Weekly Limited all of The Jewish Weekly Limited’s outstanding unpaid invoices and interest;
the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
clauses which expressly or by implication survive termination shall continue in full force and effect.
Force majeure. Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
Assignment and other dealings.
The Jewish Weekly Limited may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
The Customer shall not, without the prior written consent of The Jewish Weekly Limited, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract.
This agreement, together with the documents referred herein constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
Variation. No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:
waive that or any other right or remedy; or
prevent or restrict the further exercise of that or any other right or remedy.
Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or email.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 15.7(a); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or email, one Business Day after transmission.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Third parties. No one other than a party to the Contract shall have any right to enforce any of its terms.
Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.