Retail Week terms of business
Where, as part of a Contract, you require advertising services, as noted on the relevant Order Form, the following additional definitions and terms will apply to the Contract:
Advertisement means any kind of promotional or advertising material that is (i) to be published or otherwise displayed by electronic means via or as part of or in connection with any Online Publication (including banners, skyscrapers, pop-ups, roadblocks, leaders, belly bands, cover wraps, tip ons, inserts, button or other forms of online or electronic display advertising), or (ii) to be printed in a Print Publication. An Advertisement also includes ‘Advertisement Features’.
Advertisement Features means any advertising space that looks like editorial copy in the form of a feature article, or other announcement or promotion which is published or otherwise displayed in connection with any Online Publication or Print Publication in exchange for a payment or other reciprocal arrangement, and in respect of which the content is EITHER controlled by you and not us (a ‘Client Controlled Advertisement Feature’), OR by us and not by you (an ‘Ascential Controlled Sponsored Feature’).
Online Publication means any website operated or controlled by us or other electronic medium (including email communications and alerts), whether connected with or related to the title of a Print Publication or otherwise.
Print Publication means any newspaper, magazine, insert or ‘onsert’ (including any supplement for which no charge is made and which is published as part of or in association with such newspaper or magazine) published by us.
Rate Card means our rate card in force from time to time, which may be amended by us at our sole discretion.
The terms set out in this module govern any kind of Advertisement that is to be published or otherwise displayed by any means in, on, via, as part of or in connection with any Online Publication or any Print Publication.
No representations about any Advertisement will have any effect unless expressly agreed in writing and signed by our authorised representation.
You will comply with any requirements which we may reasonably specify in connection with the proposed publication of the Advertisement including (without limitation) technical specifications relating to standard and quality and any requirements as to setting, style, delivery format, file configuration, size and wording (‘Advertiser Dependencies’).
If you change your name, trading style, identity or address or any other of the details disclosed by you to us, you will give us written notification of the change in question as soon as reasonably possible after becoming aware that the change will take place and in any event within five (5) working days of the change taking effect.
Where you are the Advertiser’s agent, you further represent, warrant and undertake that you are authorised by the Advertiser to place the Advertisement with us.
You hereby further represent, warrant and undertake as follows:
We will be entitled at any time to require you to amend any artwork, materials and copy for and relating to any Advertisement, or refuse without notice to you to publish any Advertisement where we consider such refusal necessary for the purposes of:
We may charge you at its standard rates from time to time for any extra production and colour processing costs which are necessary as a result of any failure by you to supply (or to supply adequate or satisfactory) artwork, film, copy or other materials or otherwise to act in accordance with the Advertiser Dependencies.
We reserve the right at our discretion and without notice to you:
Nothing in this module will have the effect of transferring any right, title or interest in or to any intellectual or other proprietary rights that are owned by us including all such rights as exist in any material originated by us in connection with the publication of an Advertisement.
You will deliver to us in a digital format or file configuration approved by us all copy for the relevant Advertisement as soon as reasonably practicable and in any event the following periods in advance of the deadline for submission of copy specified on the Order Confirmation (‘Copy Deadline’):
If you fail to submit the relevant copy in compliance with the above requirements, we may publish the Advertisement at an alternative time of its choosing.
Where you supply creative content for an Advertisement to be published in an Online Publication and such content contains a link to a website, you must:
We may remove any Advertisement which contains content or links to a website which, in our absolute discretion, is (or is likely to be) defamatory or objectionable or otherwise likely to bring us or any member of our corporate group into disrepute.
If we receive complaints about the content of an Advertisement we may, at our discretion and without notice to you or to the Advertiser, remove the Advertisement from display.
In the event that an Advertisement is displayed in an Online Publication for a period in excess of fourteen (14) days and you wish to stop or cancel that display part-way through the agreed display period, you must give written notice to us and we will use reasonable endeavours to stop or cancel the Advertisement. In that situation, we will have no obligation to refund you the charges connected with the display of the Advertisement for the full agreed display period and you will forthwith pay any unpaid portion of those charges to us.
In respect of any Client Controlled Advertisement Feature, all artwork, materials and copy for and relating to such Advertisement Feature are your sole responsibility.
You are entitled to review the content of any Client Controlled Advertisement Feature and provide feedback prior to publication by us. We will amend the content of such Advertisement Feature to reflect any feedback from you.
Each party hereby agrees that, notwithstanding any right granted to us pursuant to the Contract in respect of Client Controlled Advertisement Features:
In respect of any Ascential Controlled Sponsored Feature, you will have the right to review the content and provide feedback before publication by us but the parties agree that:
Payment for our provision of services under these terms is due in advance of first publication of the Advertisement unless we have previously agreed in writing to open a credit account in your name.
Where we have agreed to open a credit account in your name then we will invoice you for the relevant charges in the stages set out below and you will pay our invoice within thirty (30) days of receipt (which will be deemed immediate if an invoice is sent electronically or two business days if sent by post).
You will pay our fees for the provision of services hereunder in stages. For Recruitment Print, Display, Digital and Classified Advertisements the payment stages are:
Where these terms place us under an obligation to refund any amounts to the Buyer, we will use our reasonable endeavours to refund the amount in question to the Buyer within 30 working days of its obligation arising.
The parties agree that, on termination of the Contract for any reason other than for our material breach, you will be liable to pay the following costs to us forthwith on demand. The parties agree that these charges represent a genuine pre-estimate of our losses in the relevant circumstances.
We are not responsible for and will have no liability for:
We will not be liable for any error in the Advertisement unless the matter is raised with us in writing within five (5) working days following the publication of the Advertisement or at the date on which it is claimed the Advertisement was intended to appear (in the case of a single order) or a reasonable period in advance of the Copy Deadline for its next insertion or subsequent go-live date (in the case of a series order).
Where an Advertisement contains an error which was caused by us which detracts materially from the Advertisement then, provided that you give us written notice of the error in question within the times specified in the paragraph above, we will at our discretion either:
and such credit or republication (as the case may be) will be our entire liability to you.
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