1. Where you have purchased an advertisement for a period of time, it is up to you to fully utilise that time. We will not refund you for any under utilised periods. We make no representations as to the effect or likely rate of response to any advertisement, and accept no liability for low response rates. We make no representations regarding the recipients of any email mail out (including volume). We reserve the right to refuse to carry out an email mail out where we consider that it would be unlawful, or would generate a negative response in the recipients. Some advertisements may rotate with other advertisements. Any terms and conditions contained in any rate card, specification or product list provided by us to you forms a part of these terms and conditions.
2. It is your responsibility to check the correctness of the advertisement (and of each publication of the advertisement if more than one). We assume no responsibility for the continuation of an error in an advertisement until 48 hours after you have notified us of the error.
Any other matter of complaint, claim or query (whether in relation to the advertisement or the invoice) in relation to the quality, content, publication of, or charge for an Advertisement must be raised with us in writing within seven days following the first publication of the advertisement or the date on which it is claimed the advertisement should have been published. Any queries in relation to invoices must be raised within 7 days of the date of the invoice. In any such circumstances (without prejudice to our entitlement to be paid for the advertisement as published a sum representing a reasonable proportion of the charge agreed at the time the advertisement was booked) our liability is strictly limited either (at our option) to giving you a credit against our charge for the advertisement or (in an appropriate instance) publishing the advertisement for a period of time without charge. Such complaint, claim or query shall not affect your liability for payment by the due time of our charges for that and all other advertisements.
Where a query relates to a failure to publish an Advertisement in a specified position, we will only be liable to refund a proportion of the fees that reflect any additional charge for that specified position. We will not be liable for a refund where we have provided a reasonably equivalent position.
In the event that a query is raised in relation to publication of an advertisement, NI accepts no liability until a formal investigation has taken place and a written conclusion has been produced.
3. If we agree to pay or credit you a rebate, refund or other benefit, you may not query or dispute any invoice to which that benefit applies after the benefit has been paid or credited to you.
4. No waiver or indulgence by us shall be effective save in relation to the matter in respect of which it was specifically given. Any refunds, or compensation or benefits applied to an advertisement will apply to that insertion only and will not apply for an entire campaign.
1. We shall not be bound by a stop order or cancellation or transfer of the advertisement unless it is in writing seven days prior to publication, and we have confirmed your cancellation. Any stop order, cancellation or transfer of the advertisement other than prior to the relevant deadline shall not (even though it be followed by us) affect your liability for payment for the advertisement.