Advertiser Terms and Conditions
1.) In these Terms and Conditions, (a) “the Publisher” means The Leader Newspaper, S.L.; (b) “the Buyer” means the person placing the order to insert the advertisement, whether such person be the advertiser of the product/service (the “Advertiser”) or the Advertiser’s advertising agency or media planner / buyer; (c) an “Advertisement” means the matter to be published or separately inserted.
The Publisher offers the service of publishing Advertisements in media owned and operated by The Leader Newspaper, S.L. and its associated companies.
The Buyer’s general obligations
2.) The Buyer contracts with the Publisher as principal. Where the Buyer and the Advertiser are different persons or entities, the Buyer warrants that it is properly authorized to place the Advertisement on behalf of the Advertiser.
3.) The Buyer warrants that in relation to an Advertisement that is submitted or subsequently amended:
the reproduction and / or publication of such Advertisement will not breach any legislation, regulation (government or otherwise) or contract or infringe or violate any copywrite, trademark, or other personal or proprietary right of any person or render the Publisher liable to any proceedings whatsoever;
all advertising copy submitted to the Publisher is decent, legal, truthful and honest;
in relation to any financial promotion, the Advertiser is approved or the contents of the Advertisement is approved by an authoritative body and complies with relevant and related legislation.
4.) The copyright for all purposes in all artwork, copy and other material which the Publisher supplies shall vest in the Publisher. The Buyer agrees that the Publisher may reproduce the artwork, copy or other material.
5.) The Buyer agrees to check the correctness and accuracy of the Advertisement. Any complaint about either the Advertisement or the details contained in the invoice or email confirmation must be received by the Publisher within 7 days of publication or receipt of invoice or email confirmation of booking and will not affect the liability for payment at the due time.
6.) The Buyer will indemnify the Publisher and keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever incurred by the Publisher arising directly or reasonably foreseeably as a result of any breach or non-performance by the Buyer of any of the representations, warranties or other terms herein contained or implied by law.
7.) All material is published in good faith and the Publisher does not in any circumstances accept responsibility for the accuracy or otherwise of any Advertisement or message published or its compliance with any legal or regulatory requirements (nor is any kind of warranty expressed or implied by such publication). The Publisher specifically disclaims all and any liability to the Buyer, Advertiser, readers and users of any kind for loss or damage of any nature whatsoever and however arising, whether due to inaccuracy, error, omission or any other cause, and whether on the part of the Publisher or its employees or agents or any other person. Save in the case of death or personal injury caused by the Publisher's negligence or breach of statutory duty, under no circumstances shall the Publisher be liable to the Buyer or the Advertiser or any other party for any special, incidental, indirect or consequential damages of any kind, including, without limitation, those resulting from loss of sales, loss of goodwill, loss of profits, whether or not the Publisher was advised of the possibility of such losses. In all other respects, the Publisher's liability shall be limited to either (a) placement of a new Advertisement the same or similar to the Advertisement originally booked in any of it’s publications or (b) the amount paid or payable by the Buyer.
8.) The Buyer agrees that the Publisher has no liability in respect of any box numbers and agrees not to use box numbers for sending original documents, goods or payments of any kind, nor for the distribution of circulars. Box number replies will be collected only by the Buyer or the Buyer's nominee. An additional fee will be charged to the Buyer for use of a box number.
The Buyer’s payment obligations
9.) Payment in respect of the Advertisement (including where relevant any associated production, late copy and box number charges) is due in advance of publication except where the Publisher has confirmed its agreement in writing to allow credit to the Buyer, in which case payment shall be due as per the agreement.
Full details of each remittance under this clause are to be supplied to the Publisher by the due time. Payment shall mean (i) the receipt by the Publisher at its principal place of business (or elsewhere as it may direct) of cash or a cheque subsequently honoured or at the bank of monies transferred electronically or through the clearing bank's cheque credit system or (ii) payment by credit card which may be subject to an additional administration charge or (iii) payment through one of our partners (such as PayPal) which may also be subject to an additional administration charge. For the avoidance of doubt in determining the last working day of the month, only Spanish bank holidays shall apply.
10.) In respect of consumer Buyers, the Publisher shall provide an email confirmation of booking for each Advertisement published or for each order made. An invoice may also be provided to the Buyer.
In respect of trade Buyers, the Publisher shall provide an email confirmation of booking for each Advertisement published or for each order made. An invoice may also be provided to the Buyer. Open item statements are also available. Liability for payment arises from publication of the insertion or Advertisement. All items on the statement are deemed liable for payment. All errors or omissions must be communicated to the Publisher within seven days of publication and must be rectified before payment is due.
11.) The Buyer agrees to pay the Publisher in respect of each advertisement for which payment is not made by the due time the interest on the amount paid late at the rate of six per cent above the 12 month Euribor rate accruing from day to day (including the day on which payment was due) both before and after judgment. Any such charge is payable within seven days following delivery of the Publishers invoice.
The Publisher’s obligations
12.) The publisher will endeavour to reproduce and prepare colour and mono Advertisements as requested but cannot guarantee that reproduction will meet its normal standards. In any event the Publisher shall have no liability where the Buyer has supplied material not in accordance with the Publisher's specifications as set out in the rate card or as available on request.
13.) The Publisher may decline to publish, or omit, suspend, edit, change the position or require amendment of all or any part of any Advertisement accepted for insertion. The Publisher is not obliged to publish any Advertisement on a particular day or in a particular position.
14.) The Publisher will not be liable for any loss of copy, artwork, photographs or other materials. The Buyer warrants that it has retained copies and the originals of Advertisements.
15.) The Buyer may cancel an Advertisement (a) at any time up to four days before publication, and in respect to on-line advertisements (b) at any time before the Advertisement is visible on-line. Upon cancellation the Buyer shall be entitled to a full refund. If the Buyer is deemed unable to pay its debts, e.g. in the case of insolvency, this may be treated as a cancellation.
16.) Without prejudice to the Publisher’s entitlement to be paid, in the event of any error in the publishing of the Advertisement caused by the act or omission of the Publisher, the Publisher at its sole discretion may either re-insert the Advertisement or make a reasonable refund of or adjustment to the cost. No re-insertion, refund or adjustment will be made where the error, misprint or omission does not materially detract from the Advertisement.
17.) There is no obligation on the Publisher to supply voucher copies, tearsheets or other acceptable facsimile, illustrating publication and their absence shall not affect the Buyer’s liability for payment.
18.) These Advertiser Terms and Conditions apply to the Advertisements published in any product created and / or maintained by The Leader Newspaper, S.L. This includes The Leader Newspaper Online (hosted at www.theleader.info) and The Leader Newspaper in print.
19.) The Publisher may repeat or syndicate the Advertisement on any other website or on any and all media owned and operated by the Publisher or on any media owned or operated by any third party that the Publisher has agreements with.
20.) To ensure the highest level of customer service, telephone calls to the Publisher may be recorded. From time to time and in accordance with the Privacy Policy, the Publisher may contact the Buyer. If the Buyer no longer wishes to be contacted or has any queries, they may contact the Publisher by post or by email.
21.) The placing of an order for an Advertisement amounts to acceptance of these Terms and Conditions t the exclusion of any other terms and conditions. No variation shall be binding unless agreed in writing.
22.) If any provision of these terms is held to be void or unenforceable in whole or in part, these terms shall continue to be valid as to the other provisions and the remainder of the affected provision. No waiver by the Publisher shall be effective except in relation to the matter in respect of which it was specifically given.
23.) The Publisher may for its own benefit enforce in its own right any of these terms.
24.) These terms shall be construed under and governed by the laws of Spain and the parties hereby submit to the non-exclusive jurisdiction of the Spanish Courts.
Changes to the Terms and Conditions
25.) These Terms and Conditions may be changed at any time. By browsing our products you agree to the Terms and Conditions in their current form.