Please read these Terms & Conditions carefully. By requesting production and display of advertising to proceed, you are confirming that you are in agreement with and bound by these Trading Terms & Conditions and accept that they are a legally binding contract.
Advertising with Gosport Ferry Ltd - Conditions of Acceptance
Loss or damage - Advertising is accepted on condition that the publisher Gosport Ferry Ltd (their employees and representatives) and their advertising sales agent (Media 3) shall not be liable for any loss or damage occasioned by any total or partial failure (however caused), including vandalism, in relation to the advertisements published/displayed on ferry pontoons or ferry boats. The advertiser is responsible for the replacement costs of any advertising materials regardless of the reason for the replacement.
Proofs - When producing artwork for an advertiser, all work will be submitted for the customer's final approval. Media 3 and Gosport Ferry Ltd shall incur no liability for any errors not corrected by the customer in proofs submitted. Customers must return proofs, duly signed, to indicate they have read and approved all copy or indicate this by email. Customer's alterations and additional proofs necessitated thereafter will be charged extra.
When style, type or layout is left to the judgement of Media 3, changes made by the customer will be charged extra. Artwork charges assume no changes after copy approval at Second Draft stage.
Errors - Gosport Ferry/Media 3 will not accept any responsibility if an error, misprint or omission is discovered after an advertiser has returned the Approval of Proofs form and the item has been printed. The advertiser and their agents are responsible for ensuring that the correct files are supplied to Gosport Ferry Ltd / Media 3 if they are to organise any printing of items. No liability will be accepted if incorrect files are provided. All re-printing will be at the advertiser’s expense.
Liability - In no circumstances shall the total liability of Gosport Ferry Ltd and/or Media 3 for any error exceed the amount of a full refund.
Refusals - Gosport Ferry Ltd and Media 3 reserves the right to refuse to publish, without notice or reason, any advertisement offered for publication or any copy for an advertisement for which an order has been accepted, without assigning any reason or explanation, or to make any alterations necessary to comply with these conditions.
Order - Receipt of an order or copy for an advertisement by Media 3/Gosport Ferry Ltd is not deemed acceptance of that order.
Ownership - All posters and overhead banners will be returned at the discretion of Gosport Ferry Ltd. except in the case of vinyl on steel backed banners which will be recycled after expiry of a contract unless a payment of £100 plus VAT is paid to acquire ownership of the steel banner.
Current legislation - Advertising copy should be ‘legal, decent, honest and truthful’. Submission of an advertisement is deemed to imply that the copy complies with the requirements of all current legislation such as the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority. All advertisements must comply with the Trade Descriptions Act 1996, Race Relations Act 1976, Fair Trading Act 1973, Sex Discrimination Act 1975 and 1986, Business Advertisements (Disclosure) Order 1977, Price Marketing Order Act 1979, Consumer Credit (Advertisements) Regulations 1989, Financial Services Act 1986, Control of Misleading Advertising Regulations 1988, Consumer Protection Act 1987, Code of Practice for Traders on Price Indications, and other statutes or obligation in law (including bylaws) or as they may be amended.
Copyright - The advertiser and/or their agent hereby warrants that supplied advertisements are in no way whatsoever a violation of any existing copyright; that they contain nothing objectionable, indecent or libellous and hereby indemnifies Gosport Ferry Ltd and Media 3 against any loss, injury or damage which may arise from the placing of the advert.
Accuracy - Gosport Ferry Ltd and Media 3 cannot accept the accuracy of any copy given verbally.
Material risk - Advertisers or their agent’s material is held at the owner’s or the owner’s agent’s risk.
Deadlines - If advertising copy has not arrived by the deadlines set, Gosport Ferry Ltd and Media 3 reserves the right to insert copy and or artwork last used.
If no last copy is available Gosport Ferry Ltd and Media 3 reserves the right to charge the Advertiser the full cost of any space that has been reserved for that advertiser.
Legal indemnity -The advertiser agrees to indemnify Gosport Ferry Ltd and Media 3 in respect of costs, damages or other charges falling upon them as a result of legal actions or threatened legal actions arising from publication of the advertisement.
Alterations - Gosport Ferry Ltd and Media 3 are unable to guarantee any alterations to copy after the deadlines have passed but will make every effort to effect any such changes.
Payment terms - All invoices issued to an advertiser must be paid upon receipt of same and before any advertising is published unless a special payment schedule has been agreed in advance of production/display of the advertising. Any advertising requiring later work such as new artwork, copywriting and productions will incur additional charges.
VAT - at the current rate applies to all advertising.
Agency discounts - There are no agency discounts given on any bookings.
Trading details - All advertisements must contain a legible trading name and an address so that there is a clear point of contact in case of enquiry or complaint. The address must include a house name, number or unit number where it exists, must be permanent address (i.e. use of a hotel address or a non-residential caravan on a non-permanent site is not acceptable) and must not be a forwarding address, Freepost or PO Box.
Force majeure - Every effort will be made to carry out the contract but its due performance is subject to cancellation by Gosport Ferry Ltd / Media 3 or to such variation as Gosport Ferry Ltd / Media 3 may find necessary as a result of inability to secure labour, materials or supplies or as a result of any act of God, War, Strike, Lockout or other labour dispute, fire, flood, drought, legislation or other cause (whether of the foregoing class or not) beyond the control of Gosport Ferry Ltd or Media 3.
Cancellations - A contract for the placing of advertising may not be cancelled unless written notice is given as follows: Cancellation must be in writing at least 10 working days prior to publication or full advertising rates will be charged. Gosport Ferry Ltd/Media 3 may terminate any such contract forthwith should any sum due thereunder remain unpaid.
Gosport Ferry Ltd/Media 3 will allow an advertising agency to cancel an order without penalty in the event of the business failure or death of a client.
No refunds will be given if an advertiser voluntarily decides to withdraw their advertising before the contract end date.
Price increases - Gosport Ferry Ltd/Media 3 reserves the right to increase advertisement rates at any time or to amend the conditions of acceptance or contract. In such an event the advertiser has the option of cancelling the balance of the contract without charge.
Competitors - Whilst every care will be taken not to place potentially competing advertisers adjacent to each other, Gosport Ferry Ltd/Media 3 cannot guarantee this and no claim for compensation can be considered in these circumstances.
Renewal - In no circumstances does the placing of an order confirm the right to renew on the same or similar terms. Rates quoted are subject to revision and the right is reserved to vary contract terms and conditions. Where advertising over-runs the agreed contract period, the advertiser (or their agent) agrees to pay for any period of over-run, the charge for this to be based on the contract in place immediately prior to the period of the over-run.
Contact over-runs
Gosport Ferry/Media 3 reserves the right to charge/invoice an advertiser for any contract over-running.
Acceptance - The booking of an advertisement shall amount to acceptance of the above conditions and any conditions stipulated on an agency’s order form, or elsewhere, by an agency or advertiser, shall be void insofar as they are in conflict with the conditions as set out above.