Standard terms and conditions of acceptance of advertisements
1. These conditions shall apply to all advertisements, insets, inserts, sponsored articles or features (‘advertisements’) accepted for inclusion in hard copy editions of publications published by Incisive Business Media Limited (‘Incisive Media’) under licence from its licensors. Any other proposed condition shall be void unless incorporated clearly in written instructions and specifically accepted by Incisive Media. For the avoidance of doubt, these terms and conditions are not applicable to the sale of advertisements accepted for inclusion in digital or other electronic editions of Incisive Media’s publications.
2. All advertisements are accepted subject to Incisive Media’s approval of the copy and to the space being available.
3. If it is intended to include in an advertisement a competition or a special of merchandise, other than that normally associated with the advertised product, full details must be submitted at the time of booking.
4. Incisive Media reserves the right to omit or suspend an advertisement at any time for good reason, in which case no claim on the part of any Advertiser for damage or breach of contract shall arise. Should such omission or suspension be due to the act or default of the Advertiser or his servants or agents then the space reserved for the advertisement shall be paid in full notwithstanding that the advertisement has not appeared. Such omission or suspension shall be notified to the Advertiser as soon as possible.
5. If Incisive Media considers it necessary to modify the space or alter the date of position of insertion or make any other alteration, the Advertiser will have the right to cancel if the alterations requested are unacceptable, unless such changes are due to an emergency or circumstances beyond Incisive Media’s control. Every care is taken to avoid mistakes but Incisive Media cannot accept liability from any loss arising from the late appearance or non publication of any advertisement.
6. The Advertiser warrants that the advertisement is not illegal, defamatory, an infringement of any other party’s rights or an infringement of the British Code of Advertising Practice. Country of origin (other than the United Kingdom) of goods advertised must be shown in advertisements to the extent necessary to comply with applicable legal and/or regulatory requirements.
7. The Advertiser will indemnify Incisive Media fully in respect of any claim made against Incisive Media or its licensors arising from the advertisement. Incisive Media will consult the Advertiser as to the way in which such claims are to be handled.
8. Advertisement rates are subject to revision at any time and orders are accepted on condition that the price binds Incisive Media only in respect of the next issue to go to press. In the event of a rate increase, the Advertiser will have the option to cancel the order without surcharge or continue the order at the revised advertisement rates.
9. If the Advertiser cancels the balance of an agreed programme of advertisements, except in the circumstances set out in clauses 5 or 8 above, it relinquishes any right to a pre-agreed series discount to which it was previously entitled and advertisements forming part of such programme (both those published and those not yet published) will be paid for at the appropriate rate set out in the rate card from time to time.
10. Discounted rates negotiated in respect of a series of advertisements apply only if the order is completed within 12 months of the date of the first insertion. Failure to comply will require all advertisements forming part of the series to be charged at the appropriate rates set out in the rate card from time to time.
11. Accounts are due for settlement within 30 days of the due date of invoice. In the event of any account becoming overdue, Incisive Media reserves the right both to suspend insertions due under order or until such time as the sum owing is paid and to reduce any commission otherwise allowed to advertising agencies. Interest is chargeable on overdue accounts at the maximum rate permitted by applicable law. All gross display advertising rates are subject to the current Advertising Standards Board of Finance surcharge payable by the Advertisers. Where orders are placed by Advertising Agents the Agency will responsible for collecting this surcharge and paying to the Advertising Standards Board of Finance (‘the Board’). Where the Advertiser places advertising directly, Incisive Media will invoice the relevant surcharge and distribute this to the Board without deduction.
12. Incisive Media reserves the right to recover all additional costs incurred that arise as a result of the acts or defaults of the Advertiser or its Agent. Complaints regarding publication of advertisements must be received by Incisive Media in writing within one calendar month of the cover date.
13. At least 8 weeks’ notice written prior to copy date is required to stop, cancel or suspend an insertion. After this date the Advertiser will be liable to pay the full rate for the insertion.
14. If copy instructions are not received by agreed copy date no guarantee can be given that proofs will be supplied nor corrections made and Incisive Media reserves the right to repeat the most appropriate copy.
15. Advertiser’s property, artwork, etc are held at the Advertiser’s risk. Advertiser’s artwork, film positives and/or negatives, photographs and transparencies will be returned on request by Incisive Media via Royal Mail post and at the risk of the relevant owner and should be insured against loss or damage from whatever cause. Incisive Media reserves the right to destroy all artwork which has been in his custody for twelve months from the date of its last appearance.
16. For the purpose of these conditions, Advertiser shall refer to the Advertiser or its Agent whichever is the principal. ‘Advertisement’ includes loose or other inset where appropriate.
17. The primary purpose of these conditions is not to process personal data but to the extent personal data is processed under these conditions, both parties will comply with all applicable requirements of the Data Protection Legislation. Both parties acknowledge that Advertiser is the data controller and Incisive Media is the data processor. Without prejudice to the generality of this clause 17, Advertiser shall ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the personal data to Incisive Media for the duration and purposes of this Agreement. Without prejudice to the generality of this clause 17, Incisive Media shall, in relation to any personal data processed in connection with the performance by it of its obligations under these conditions: (a) process that Personal Data only on Advertiser’s written instructions unless Incisive Media is required by the laws of any member of the European Union or by the laws of the European Union applicable to process personal data; (b) ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures; (c) ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential; (d) not transfer any personal data outside of the European Economic Area unless Advertiser’s prior written consent has been obtained and the following conditions are fulfilled: (i) Advertiser and/or Incisive Media have provided appropriate safeguards in relation to the transfer; (ii) the data subject has enforceable rights and effective legal remedies; (iii) Incisive Media complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred; and (iv) Incisive Media complies with reasonable instructions Advertiser notifies it in writing in advance with respect to the processing of the personal data; (e) assist Advertiser, at Advertiser’s cost, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators; (f) notify Advertiser without undue delay on becoming aware of a personal data breach and, in any event; (g) at Advertiser’s written direction, delete or return Personal Data and copies thereof on termination of the agreement unless required by applicable law to store the Personal Data; and (h) maintain complete and accurate records and information to demonstrate our compliance with this clause 17. For the purpsoes of this clause 17, “Data Protection Legislation” is (a) up to but excluding 25 May 2018, the Data Protection Act 2018 and thereafter (i) unless and until the General Data Protection Regulation ((EU) 2016/679) (GDPR) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK; and then (ii) any successor legislation to the GDPR or the Data Protection Act 2018 (DPA); and (b) the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) (Privacy Regulations) as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 (SI 2011/1208); the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2015 (SI 2015/355); and the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2016 (SI 2016/524). “Data Controller”, “Data Processor”, “Personal Data” and “Data Subject” have the meanings in the Data Protection Legislation.
18. These Conditions shall be governed and construed in accordance with the laws of England and Wales. Any dispute concerning these Conditions (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the English courts.