Acceptance of advertisements
1. Orders for publication of advertisements ("Advertisements") in the Guardian, Guardian Weekly and Observer newspapers ("Newspapers") and on the www.guardian.co.uk and www.observer.guardian.co.uk websites ("Websites") are accepted by Guardian News & Media Limited ("GNM") on the following terms and conditions ("Terms").
2. By placing an order, the Advertiser (which is the person 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.
3. Materials for an Advertisement must be provided no later than the deadline specified in the appropriate rate card and, for Website Advertisements, in accordance with the Website technical specification at http://www.adinfo-guardian.co.uk/general/how-to-advertise/index.shtml.
4. GNM 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. GNM 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 Websites. The Advertiser will remain responsible for all outstanding charges.
5. The publication of an Advertisement by GNM does not mean that GNM accepts the Advertisement has been provided in accordance with these Terms or that GNM has waived its rights under these Terms.
5. The publication of an Advertisement by GNM does not mean that GNM accepts the Advertisement has been provided in accordance with these Terms or that GNM has waived its rights under these Terms.
Content of the advertisement
6. The Advertiser guarantees to GNM that:
(i) any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
(ii) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
(iii) 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 British Code of Advertising, Sales Promotion and Direct Marketing and all other codes under the general supervision of the Advertising Standards Authority – see www.asa.org.uk/asa/codes/cap_code are not libellous or obscene and do not infringe the rights of any person (including any person's intellectual property rights);
(iv) the Advertisement will not be prejudicial to the image or reputation of GNM or the Websites or the Newspapers; and
(v) all Advertisements submitted for publication online will be free of any viruses and no Advertisement will cause an adverse effect on the operation of the Website(s).
(i) any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
(ii) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
(iii) 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 British Code of Advertising, Sales Promotion and Direct Marketing and all other codes under the general supervision of the Advertising Standards Authority – see www.asa.org.uk/asa/codes/cap_code are not libellous or obscene and do not infringe the rights of any person (including any person's intellectual property rights);
(iv) the Advertisement will not be prejudicial to the image or reputation of GNM or the Websites or the Newspapers; and
(v) all Advertisements submitted for publication online will be free of any viruses and no Advertisement will cause an adverse effect on the operation of the Website(s).
7. Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorised by the advertiser of a product or service to place the Advertisement with GNM and the Advertiser will compensate GNM for any claim made by such advertiser against GNM.
Payment
8. All Advertisements are accepted on the basis that they will be paid for at the applicable rates set out in the applicable rate card on the date of publication. GNM may change its rates at any time by publishing the modified rates at www.adinfo-guardian.co.uk/general/rates. 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.
9. Payment is subject to GNM’s payment terms which are: all new business placed with GNM will be required to prepay unless a credit application form (available on request) has been completed by the Advertiser and standard payment terms have been agreed by GNM’s Accounts Receivable team leader. GNM’s payment terms are 30 days from the invoice date with the exception of Newspaper Publishing Society recognised agencies. In the event of late payment, GNM may charge interest on the amount outstanding up to 4% above the Bank of England base rate.
Online advertisement
10. In the event of any disagreement regarding the number of impressions served, the Advertiser agrees that the figures provided by doubleclick or in the case of rich media, the third party provider such as TangoZebra or Eyeblaster, will be final and binding.
11. GNM agrees that all Advertisements will be targeted at individuals in the UK unless otherwise stated at the time of booking.
12. Where non-UK targeting is required, GNM will endeavour to target the Advertisement at individuals in the country or countries specified at the time of booking.
11. GNM agrees that all Advertisements will be targeted at individuals in the UK unless otherwise stated at the time of booking.
12. Where non-UK targeting is required, GNM will endeavour to target the Advertisement at individuals in the country or countries specified at the time of booking.
13. GNM cannot guarantee the number of impressions. In the event the number of impressions during the campaign period is less than the impressions booked by the Advertiser, GNM shall continue to serve the Advertisements after the end of the campaign period until the number of booked impressions is reached.
14. 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.
14. 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.
Liability of GNM
15. GNM accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to GNM 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 GNM.
16. GNM 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.
17. Advertisements normally appear in all editions of a Newspaper but GNM reserves the right to omit certain Advertisements from the European editions.
18. GNM 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).
19. GNM cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of GNM. However, GNM will use reasonable efforts to comply with the wishes of the Advertiser.
20. If a booked Advertisement is not published at all solely due to a mistake on GNM’s part, GNM 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.
16. GNM 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.
17. Advertisements normally appear in all editions of a Newspaper but GNM reserves the right to omit certain Advertisements from the European editions.
18. GNM 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).
19. GNM cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of GNM. However, GNM will use reasonable efforts to comply with the wishes of the Advertiser.
20. If a booked Advertisement is not published at all solely due to a mistake on GNM’s part, GNM 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.
21. If the Advertisement as reproduced by GNM contains a substantial error solely due to a mistake on GNM’s part, GNM shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. GNM shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform GNM of any errors and provide any necessary assistance to GNM to prevent a repeat of the error.
22. GNM 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 GNM and the Advertiser, and GNM’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.
23. In respect of Advertisements on the Websites, GNM does not guarantee continuous, uninterrupted access by users of the Websites but will use reasonable efforts to provide this. In addition, GNM will not be responsible for any failure or delay affecting production or publication of any Newspaper or the transmission of the Websites 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 GNM.
24. For the avoidance of doubt, nothing in these Terms will limit or exclude GNM's responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
25. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
22. GNM 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 GNM and the Advertiser, and GNM’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.
23. In respect of Advertisements on the Websites, GNM does not guarantee continuous, uninterrupted access by users of the Websites but will use reasonable efforts to provide this. In addition, GNM will not be responsible for any failure or delay affecting production or publication of any Newspaper or the transmission of the Websites 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 GNM.
24. For the avoidance of doubt, nothing in these Terms will limit or exclude GNM's responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
25. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
Liability of the Advertiser
26. The Advertiser will fully reimburse GNM for all claims, losses or expenses arising as a result of any breach or failure to perform of any of these Terms and/or the use or publication of the Advertisement by GNM in accordance with these Terms.
Rights
27. GNM owns the copyright in all Advertisements written or designed by it or on its behalf.
28. The Advertiser grants GNM the right (free of charge) to:
(i) use such of the Advertiser's names, trade marks and/or logos as GNM may consider necessary for the purposes of publishing the Advertisements;
28. The Advertiser grants GNM the right (free of charge) to:
(i) use such of the Advertiser's names, trade marks and/or logos as GNM may consider necessary for the purposes of publishing the Advertisements;
(ii) 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 GNM's sole discretion.
Cancellation policy
29. The cancellation period for an Advertisement varies according to the publication. The Advertiser should refer to the relevant rate card at www.adinfo-guardian.co.uk/general/rates. The Advertiser may cancel an Advertisement provided that notice in writing is received by GNM within the relevant cancellation period. Please send notice of your intention to cancel to the person who made your booking or if that person is unavailable, by fax to 020 7278 9371 and 020 7278 1449. Cancellation will only be effective on confirmation of receipt of your notice.
30. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, GNM may treat the order as cancelled.
General
31. Any person who is not a party to these Terms will have no rights to rely upon or enforce any of these Terms.
32. If GNM 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.
32. If GNM 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.
33. Subject to clause 25, these Terms shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to these Terms.
