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Advertising Terms and Conditions A Definitions and Acceptance of the Terms and Conditions
1. News Dependant (“ND”) accepts publication of Advertisements (as defined below) on the terms and conditions set out herein (“Terms”).
2. These Terms apply to:
print advertisements in News Dependant, Newsdependant Weekly and the Observer newspapers (“Newspapers”) as well as inserts (“Inserts”);
online advertisements on www.newsdependant.com (the “Website”); and
online advertising booked through the Newsdependant’s publisher trading desk “Newsdependant+”,
3. By placing an order, the “Advertiser” (which is the person bidding for or placing the order for the Advertisement whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these Terms in full.
B Content and Delivery of Advertisements
4. Materials for any Advertisement (whether print or digital) must adhere to ND’s technical specifications and be delivered to ND within the applicable timeframes, each as set out here. When ND builds digital Advertisement units on behalf of the Advertiser, the Advertiser must provide assets in accordance with the requirements set out in ND’s Digital Advertising Production Format Guide here.
5. ND may, without any responsibility to the Advertiser, reject, cancel or require any Advertisement to be amended that it considers unsuitable or contrary to these Terms and remove, not print, suspend or change the position of any such Advertisement. ND may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising in any of the Newspapers or the Website. The Advertiser will remain responsible for all outstanding charges.
6. The publication of an Advertisement by ND does not mean that ND accepts the Advertisement has been provided in accordance with these Terms or that ND has waived its rights under these Terms.
7. The Advertiser guarantees to ND that:
any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
the Advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice (including the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (the “CAP Code”) and all other codes under the general supervision of the Advertising Standards Authority and/or the Office of Fair Trading), are not libellous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights);
the Advertisement will not be prejudicial to the image or reputation of DN or the Website or the Newspapers, and will not contain anything with DN in good faith considers to be offensive or otherwise inappropriate;
all digital Advertisements submitted for publication online will be free of any viruses, adware, malware, bit torrents, and no Advertisement will cause an adverse effect on the operation of the Website; and
all digital Advertisements comply with (i) the the standards for online advertising published by News Dependant (https://www.newsdependant.com); and (ii) the “L.E.A.N.” best practice principles for online advertising standards published by the IAB UK, each as may be updated from time to time.
8. Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorized by the advertiser of a product or service to place the Advertisement with ND and the Advertiser will compensate ND for any claim made by such advertiser against ND.
9. All Advertisements are accepted on the basis that they will be paid for at the prevailing rates set out in the rate card on the date of publication. ND may change its rates at any time by publishing the modified rates here. Any changes to the rates will take effect immediately. However, any changes to the applicable rates will not apply to any orders made prior to the date of such change.
10. All sums payable to ND should be made in accordance with ND’s Financial Terms & Conditions which are: Unless a customer has applied for and been accepted as a credit account customer, ND will provide services only on a pre-payment basis, with receipt of cleared funds prior to the booking being confirmed. Customers wishing to apply for a credit account must complete a Credit Application Form which is available on request from your sales contact. Until credit facilities are granted customers will remain on prepayment terms. ND’s standard payment terms are cleared funds 28 days from date of invoice. If the due date falls on a weekend or bank holiday the payment is due on the first working day immediately prior to the due date. As payment is due as cleared funds, under current banking arrangements, cheques should be despatched and payment by bank transfer should be processed by the customer three working days prior to the due date. ND reserve the right to charge interest on late payment at 4% above the Bank of England base rate.
D Online Advertisements
11. The Advertiser acknowledges and agrees that discrepancies of up to 10% regarding the number of impressions served are common due to a variety of technical reasons. In the event of any disagreement regarding the number of impressions served, the Advertiser agrees that the figures provided by ND’s applicable third party provider will be final and binding.
12. ND cannot guarantee the number of impressions. In the event the number of impressions served during the campaign period is more than 10% less than the number of impressions booked by the Advertiser, ND shall, as the Advertiser’s sole remedy, and provided the Advertiser has notified ND in writing of such under-delivery, continue to serve the Advertisements after the end of the campaign period until the number of booked impressions is reached. ND will not be liable for any over-delivery of impressions (including without limitation in relation to any ad-serving costs) where such over-delivery is 10% or less. Where any such over-delivery exceeds 10%, ND will not be liable unless such over-delivery arises due to ND’s act or omissions.
13. ND agrees that all Advertisements will be targeted at individuals in the UK unless otherwise agreed in writing between the parties at the time of booking.
14. Where non-UK targeting is required, ND will endeavour to target the Advertisement at individuals in the geo-location specified at the time of booking.
17. ND and its service providers will only use any Advertiser Data solely in relation to the Advertiser’s particular advertising campaign. All such Advertiser Data collected by ND will be treated as the confidential information of the Advertiser and will not be disclosed by ND to any third party (other than ND’s service providers for the purpose of ND complying with its obligations under these Terms) without the consent of the Advertiser. In no event will any Advertiser Data be combined with information collected from other sources, except where the Advertiser has agreed otherwise.
18. In the event advertising copy is received after midday on the day before an Advertisement is due to be published, the number of impressions booked will be reduced on a pro rata basis for every 24 hours that the copy for the Advertisement is supplied after this deadline. For example, if copy is provided 2 days late for a campaign that is due to serve 100,000 banners in a 10-day period, the number of impressions will be reduced by 20,000. There will be no reduction in the fee payable.
19. ND does not guarantee that Advertisements booked through Guardian+ will appear on any particular Website and/or that impressions will be spread evenly across any particular websites. Furthermore, ND does not guarantee that inventory meeting any criteria selected by the Advertiser will necessarily be available nor that it will be available in the volume desired by Advertiser. Where non-standard ad creatives (i.e. outside of IAB Leaderboard, Skyscraper & MPU) are not accepted by an ad exchange, the Advertiser shall submit standard creative in order for ND to fulfil the booking.
F Brand Safety
20. ND will implement its default brand safety measures in respect of the sites on which Advertisements booked through Guardian+ will appear. ND serves all advertising for Guardian+ on a whitelist which has been manually vetted to ensure the quality of the sites. Notwithstanding the foregoing, ND makes no guarantees regarding the quality and/or suitability of any sites on which Advertisements booked through Guardian+ appear.
21. The Advertiser may implement its own brand safety measures and site filters in addition to the default brand safety measures provided by ND. Any such additional brand safety measures and filters implemented by the Advertiser shall operate by blocking the relevant Advertisement from appearing on the relevant site after it has been served by ND and will therefore not affect the number of impressions deemed to have been served in any campaign period.
22. If an Advertisement booked through Guardian+ is published on a site which the Advertiser reasonably believes to be unsuitable or an Advertisement appears on the Website in a manner which the Advertiser reasonably believes to be unsuitable, the Advertiser may notify ND and ND will, as the Advertiser’s sole remedy, use reasonable endeavours to remove the Advertisement from the site and/or the Website (as applicable) within 24 hours, where entirely within ND’s control. For more information about GNM’s brand safety measures, please consult ND’s Brand Safety Policy, which can be found here.
G Cookie usage on newsdependant.com
23. Where an Advertiser wishes to drop cookies on users’ computers or use pixels, web beacons or other data collecting technology (the “Data Collecting Technology”) for the purpose of displaying or providing advertising on the Website and tracking impressions, analytics, measurement and verification of advertising campaigns (together, “Analytics Data”), it shall notify ND in advance of booking an Advertisement and provide all information requested by ND regarding such Data Collecting Technology.
24. If ND agrees to the Advertiser’s disclosed use of Data Collecting Technology to collect Analytics Data, ND will provide written authorisation to the Advertiser. Subject to the foregoing, Advertiser agrees to use such Data Collecting Technology and all data collected from it solely in the manner disclosed to ND.
25. All Analytics Data collected by the Advertiser through such Data Collecting Technology will be confidential information owned by ND and will not be disclosed by the Advertiser to any third party without ND’s prior written consent.
26. In no event shall Data Collecting Technology or the data collected from it: (i) be used by the Advertiser for the purposes of profiling users’ interests, segmentation, or tracking or targeting users when they leave the Website; or (ii) be combined with information collected from other sources; in each case except where ND has given agreement in writing. ND reserves the right to scan the Advertisements to ensure Advertiser’s compliance with clauses 23-26.
27. The Advertiser shall procure that all other partners and entities in the supply chain with which Advertiser works or contracts in relation to an Advertisement (collectively, the “Advertiser Partners”) shall comply with these Terms.
28. The Advertiser shall ensure it complies with all applicable laws and regulations with respect to such Data Collecting Technology and that all Analytics Data will be deleted from its servers upon the end of the relationship between ND and the Advertiser.
29. Occasionally, ND cannot distribute the number of Inserts agreed with the Advertiser on a specific day due to changes in the print run. Where this happens, ND will distribute all ‘overs’ at the next suitable opportunity (usually the next day or next available date arranged with the print sites). The Advertiser will be liable for the full cost of the Insert order. In no event will ND be liable for loss arising from failure to insert or any errors in the insertion of Inserts
I Liability of ND
30. ND accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to ND or any loss or damage to any Advertisement copy or any other materials. The Advertiser guarantees that it has retained sufficient quality and quantity of all materials supplied to ND.
31. ND shall use its reasonable endeavours to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.
32. Advertisements normally appear in all editions of a Newspaper but ND reserves the right to omit certain Advertisements from the European editions.
33. ND will not be responsible for any additions to, changes in, deletions from, delays in publication or withdrawal of any Advertisements required by any authority having responsibility for the regulation of online or press advertising (including the Advertising Standards Authority).
34. ND cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of ND. However, ND will use reasonable efforts to comply with the wishes of the Advertiser.
35. If a booked Advertisement is not published at all solely due to a mistake on ND’s part, ND will try to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original booking will be cancelled and the Advertiser shall be entitled to a full refund if the Advertiser has paid in advance for the Advertisement. This shall be the Advertiser’s sole remedy for failure to publish the advertisement.
36. If the Advertisement as reproduced by ND contains a substantial error solely due to a mistake on ND’s part, ND shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. ND shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform ND of any errors and provide any necessary assistance to ND to prevent a repeat of the error.
37. ND shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by ND and the Advertiser, and ND’s maximum total liability for any loss or damage arising out of or in relation to any Advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant Advertisement actually paid by or on behalf of the Advertiser.
38. In respect of Advertisements on the Website, ND does not guarantee continuous, uninterrupted access by users of the Website but will use reasonable efforts to provide this (except for websites booked through Guardian+ over which ND has no control). In addition, ND will not be responsible for any failure or delay affecting production or publication of any Newspaper or the transmission of the Website and any Advertisements contained in them, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of ND.
39. ND is not responsible for the content or operation of sites booked through Newsdependant+.
40. For the avoidance of doubt, nothing in these Terms will limit or exclude ND’s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
41. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
J Liability of the Advertiser
42. The Advertiser will fully indemnify ND from all investigations, claims, fines, losses, damages, costs (including reasonable legal fees) expenses and liabilities arising as a result of any breach or failure to comply with any of these Terms and/or the use or publication of the Advertisement by ND in accordance with these Terms.
43. ND owns the copyright in all Advertisements written or designed by it or on its behalf.
44. The Advertiser grants ND the right (free of charge) to:
use such of the Advertiser’s names, trade marks and/or logos as ND may consider necessary for the purposes of publishing the Advertisements;
reproduce the Advertisement in any media at any time from the date the Advertisement was last published in the Newspapers for promotional purposes. For the avoidance of doubt, the content, layout and format of any Website or Newspaper will be subject to variation at ND’s sole discretion.
L Cancellation policy
45. The cancellation period for an Advertisement varies according to the publication. The Advertiser should refer to the relevant rate card, here. The Advertiser may cancel an Advertisement provided that notice in writing is received by ND within the relevant cancellation period. In respect of Advertisements on the Website, the minimum notice period for cancellation by the Advertiser is 30 days unless agreed otherwise. Please send notice of your intention to cancel to the person who made your booking. Cancellation will only be effective on confirmation of receipt of your notice.
46. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, ND may treat the order as cancelled.
47. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
48. If ND fails or delays in exercising its rights or remedies provided by these Terms, it shall not be deemed to have waived that or any other right or remedy under these Terms.
49. Nothing in these Terms shall be deemed to constitute a relationship of principal and agent, a partnership, joint-venture, or co-ownership. Neither party shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.
50. These Terms are the entire agreement between the Advertiser and ND in respect of the Advertisements and no modification to these Terms will be effective unless made in writing and signed by both ND and the Advertiser.
51. These Terms and any documents referred to and therefore incorporated by reference herein shall apply to the exclusion of all other terms and conditions which the Advertiser purports to apply to the purchase of Advertisements (including, without limitation, terms in any insertion or purchase order, e-mail, acknowledgement or click through agreement). To the maximum extent permitted by law, other than as set out in these Terms, all warranties and representations, whether express or implied, are excluded.
52. Subject to clause 41, these Terms (and any non-contractual obligations arising in connection with them) shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to these Terms (and any non-contractual obligations arising in connection with them).