Digital, Online & E-Marketing Solutions Terms and Conditions
In these conditions, the term ‘PUBLISHER’ means the party who publishes the website and/or any e-mail communication on which the advertising space is booked.
The term ‘ADVERTISER/CLIENT’ means the party who books the space and is responsible for payment. The term ‘AGENT’ refers to any third party acting under the instruction of the ‘ADVERTISER/CLIENT’.
The term ‘ADVERTISEMENT’ refers to any copy, including but not exclusive to editorial submissions, display advertising, advertorial, sponsorship, video, e-mail newsletters, solus e-mail shots and online listings including but not exclusive to events and directory online listings to be used in the advertising space booked by the ADVERTISER or AGENT.
The term ‘CAMPAIGN(S)’ refers to the start date and end date of an ‘ADVERTISEMENT’S’ inclusion.
ADVERTISEMENTS
When placing an order for ADVERTISING SPACE, whether using the PUBLISHERS manually signed order form document, or the PUBLISHERS secure electronic order confirmation portal, the ADVERTISERS/CLIENTS/AGENTS internal order document/ordering procedure or Email Instruction to proceed with the agreed order, the ADVERTISER/CLIENT/AGENT is assuring the PUBLISHER the terms of acceptance listed 1 – 25 below are fully understood and accepted by the ADVERTISER/CLIENT/AGENT. The PUBLISHERS order document will always be issued to the ADVERTISER/CLIENT/AGENT as standard procedure, drawing attention as to how to view these terms of acceptance, whether the PUBLISHERS order document is used to make the booking or not.
All ADVERTISEMENT orders for space are subject to acceptance from the PUBLISHER (acceptance from the PUBLISHER will be confirmed in writing to the ADVERTISER/CLIENT/AGENT within 24 hours) and are subject to the terms of acceptance listed 1 – 25 below:
1. The PUBLISHER reserves the right to refuse, amend, withdraw or otherwise deal with all ADVERTISEMENTS submitted with absolute discretion and without explanation. All ADVERTISEMENTS must comply with the British Code of Practice. All ADVERTISEMENT and editorial copy, including all images, text and video, are accepted in good faith by the PUBLISHER. Whilst every effort will be made by the PUBLISHER to verify copyright, the ADVERTISER, upon submitting copy, acknowledges full responsibility for copyright clearance and accepts complete legal liability for all materials supplied. This extends to all other parties submitting copy on behalf of the ADVERTISER or any other editorial contribution. The ADVERTISER permits the PUBLISHER to reproduce submitted ADVERTISEMENT copy in any of its publications and promotional material (including websites). All copyright resides with the original author.
2. The PUBLISHER will not be liable for any loss or damage consequential or otherwise occasioned by error, late publication or the failure of an ADVERTISEMENT to appear from any cause whatsoever.
3. The ADVERTISER will indemnify the PUBLISHER against any damage and/or loss and/or expense which the PUBLISHER may incur as a direct or indirect consequence of the ADVERTISER’s announcement.
4. Notwithstanding anything in these conditions providing to the contrary, neither the PUBLISHER nor the ADVERTISER shall be liable to each other for any loss or damage consequential or otherwise caused by or arising out of any Act of Parliament, Order of Council, Act of State, strike of employees, lock out, trade dispute, enemy action, rioting, civil commotion, fire, force majeure, act of God or similar contingency beyond the control of either of them.
5. The PUBLISHER cannot accept responsibility for any omission, degradation or other alteration in respect of copy submitted via electronic mail.
6. In no circumstances does the placing of any order confer the right to renew on similar terms.
7. The PUBLISHER reserves the right to increase ADVERTISEMENT rates at any time or to amend the terms of contract as regards space or frequency of insertion; in such event, the ADVERTISER has the option of cancelling the balance of the contract without surcharge.
8. The PUBLISHER reserves the right to refuse cancellations of a CAMPAIGN or transfer of a CAMPAIGN start date. Should the PUBLISHER agree to the transfer of a CAMPAIGN start date, this agreement will be strictly non cancellable or transferable by either the PUBLISHER or the ADVERTISER. All transfers accepted by the PUBLISHER will be subject to availability and a re-scheduling fee of 25% of the original rate card value. Transfers will never be accepted by the PUBLISHER once the copy deadline, as indicated on the original order form, has passed.
9. Series/credits discounts apply only to orders placed in advance and completed within one year of the date of the first insertion. For series/credits packages the PUBLISHER will repeat the same ADVERTISEMENT in all subsequent issues in the series/credits, unless informed otherwise by the ADVERTISER. If the ADVERTISER or AGENT wishes to change the ADVERTISEMENT for any/all issues they must submit new ADVERTISEMENT copy to the PUBLISHER before the copy deadline for each specific issue.
10. If the ADVERTISER wishes to cancel (and the PUBLISHER accepts the cancellation) the balance of a contract, except in the circumstances stated in paragraph 7, all unearned series/credits discounts will be surcharged. The PUBLISHER reserves the right to surcharge in the event of insertions not being completed within the contractual period. All surcharges will be applied at the publisher’s original rate card. All cancellations accepted by the PUBLISHER will be subject to an administration charge of £75.00 per issue. Cancellations will never be accepted by the PUBLISHER once the copy deadline, as indicated on the original order form has passed.
11. Copy must be supplied by the ADVERTISER without application from the PUBLISHER. Copy deadline is indicated in the media pack. The PUBLISHER reserves the right to alter this deadline according to production schedule and market trends.
12. Copy matter provided must conform to the PUBLISHER’s requirements as outlined under the technical specification. Any additional work involved may be charged for. The technical specification is available upon request and hard copies are available from the PUBLISHER.
13. Failure by the ADVERTISER/CLIENT/AGENT to supply copy by the specified copy deadline documented in the media pack may result in the go-live date of the ADVERTISEMENT CAMPAIGN being delayed, in this case the CAMPAIGN will not be extended beyond the original CAMPAIGN end date unless the ADVERTISER/CLIENT/AGENT places a new order to extend the CAMPAIGN (subject to availability). In the case of ADVERTISEMENT CAMPAIGN(S) consisting of e-mail newsletters and solus e-mail shots, failure by the ADVERTISER/CLIENT/AGENT to supply copy by the specified copy deadline will result in the CAMPAIGN being forfeited. In each of the above scenario’s the ADVERTISER or AGENT will forfeit any allocated space and will be charged the rate agreed at the time of booking.
14. All website ADVERTISEMENT CAMPAIGNS are scheduled to go live at 00:00am UK GMT Monday and automatically expire at 00:00pm UK GMT on the last Sunday of your CAMPAIGN. All e-mail ADVERTISEMENT CAMPAIGNS are scheduled for distribution as per the start date and end date documented on the booking form.
15. All display advertising items i.e billboard, leader board, special positions and videos are priced per item per 28 days.
16. All advertorials (featured articles), events listings and solus e-shots are priced per credit, with the exception of video which is priced per credit per 28 days. The cost per credit for each advert type varies and is documented on your booking form. The advertiser is not permitted to swap the use of credits without paying the difference in price if the rate of the product they want to swap to is greater than the product originally booked, however, if a client wishes to downgrade the use of the credit to another product the rate agreed on the booking form remains the same. Credits will automatically expire if not used within the 12 month period documented on the booking form. Each individual standard/featured event listing will automatically expire at 00:00pm UK GMT of the last day of the event that is being advertised. Each featured article will remain live on the site in a prominent position for a minimum period of 28 days before being moved to an archive still accessible by website visitors and search engines. Video will remain live on the site in a prominent position for the duration specified on your booking form before being moved to an archive still accessible by website visitors and search engines. Once you have used a credit to post either a featured article or standard/featured event listing and or video you have 24 hours in which you are allowed to make changes to your copy, after which any additional changes will be classed as new copy and the ADVERTISER/CLIENT/AGENT will be required to either purchase additional credit(s) or use credit(s) from existing allocation. The use of all credits are sold subject to availability and unless agreed at the time of placing your order you may not be able to use your credits on the exact dates you require.
17. The ADVERTISER accepts that all advertorial will be edited in accordance with house style. The ADVERTISER also acknowledges the PUBLISHER’s right to refuse or edit any submissions and permits the PUBLISHER to reproduce submitted editorial and images in any of its publications and promotional material (including websites). The copyright for the text, images and design layout remains with the original author(s).
18. Requests will normally be granted to use The Executive Magazine’s design layout in other media as long as The Executive Magazine is credited, and where the layout is not modified without prior permission. This request, (if granted) will incur a standard charge, (a copyright release fee) of £495.00. Permission will only be granted where its use is not detrimental to The Executive Group or any of its publications. The copyright for the text, images and design layout remain with the original author(s).
19. The PUBLISHER cannot accept responsibility for changes in dates of insertion and copy unless these are confirmed in writing and in time for the changes to be made. The PUBLISHER reserves the right to charge for any additional expense involved in such changes.
20. Where the PUBLISHER is designing or making alterations to any ADVERTISEMENT, the PUBLISHER will supply the ADVERTISER with a proof as long as this falls within the stipulated copy deadline, and providing it is practical to do so. In submitting completed advert copy it is understood that the ADVERTISER gives his/her approval to the advert being run as is, and on such occasions no proof will be supplied by the PUBLISHER. The PUBLISHER accepts no responsibility for the running of incorrect advert copy approved by the ADVERTISER or AGENT. Where possible, alterations to ADVERTISEMENT copy can be made by the PUBLISHER at the request of the ADVERTISER. At the PUBLISHER’s discretion, the redesign fee will be waived for any alterations requested by the ADVERTISER on the first occasion. Any subsequent changes requested by the ADVERTISER, not specified on the first occasion, will be subject to a £75 redesign surcharge per alteration.
21. Credit accounts are strictly net and must be settled within 14 days. All orders for online and digital services are invoiced once an order has been placed. If an account becomes overdue, the PUBLISHER reserves the right to withdraw any discounts (including all AGENT commissions) applied at the time of booking and re-invoice at the PUBLISHERS original rate card. Overdue accounts will accrue interest at the current rate under the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002. These late payment charges will be applied at the PUBLISHERS rate card. If an account is overdue the PUBLISHER reserves the right to suspend insertions and apply a surcharge at the PUBLISHERS original rate card.
22. The ADVERTISER shall be responsible for the insurance of all art work and other ADVERTISEMENT material delivered to the PUBLISHER and the PUBLISHER cannot accept any liability for any loss or damage.
23. The PUBLISHER reserves the right to destroy all art work and other materials which have been in custody for 12 months’, provided always that the ADVERTISER or AGENT has not given instructions to the contrary. The PUBLISHER may exercise this right without giving further notice to the ADVERTISER or AGENT.
24. If in the unlikely event that the ADVERTISER is dissatisfied with the PUBLISHER’s service, a formal complaint must be made in writing, providing full details of the advertising, CAMPAIGN and the exact nature of the complaint, within 14 days of the CAMPAIGN go live date. The Executive Magazine cannot process any complaint that does not meet these requirements.
25. Although telephone calls may be recorded for monitoring, training and quality control, your signed order form acknowledges your understanding of the boundaries of the contract between both parties and supersedes any previous correspondence either verbal, written electronic or otherwise.
26. The ADVERTISER/CLIENT/AGENT must not under any circumstances whatsoever be responsible in any way for the provision of references/testimonials/recommendations, relating to the work of either a current or previous employee of the PUBLISHER, to either a current or previous employee of the PUBLISHER or any third party outside of the PUBLISHERS, irrespective of how the request is received by the ADVERTISER/CLIENT/AGENT, e.g. verbal, written or by use of any form of social media and irrespective of who the request is from or the purpose of such a request, without written consent from the PUBLISHER.
