GENERAL TERMS & CONDITIONS
These Terms and Conditions shall govern the publication of all advertisements by The Standard Group PLC (hereinafter referred to as “The Company” which expression unless repugnant to the context or meaning thereof, shall mean and include its successors and assigns) in the Company"s Newspaper brands.
1. DEFINITIONS: For the purpose of these Terms and Conditions the following terms shall have the meaning assigned to them below: Advertiser: means a person or a registered entity by whom an order for an advertisement booking is placed and shall include the Advertiser"s successors, assigns or an Advertising Agency. Advertisement: means a notice, script and any other material intended for publication. Advertisement Contract: means the commercial document by which an order for an advertisement booking is placed and includes particulars of the Advertiser, Advertisement Material, spot & date of publication and costs contained overleaf. Advertisement Material: means any advertising content intended for publication submitted to the Company by the Advertiser. Advertising: means the act of publishing an Advertisement Material after payment of the Advertising Fee. Advertising Agency: means a business dedicated to creating, planning and handling Advertising for the Company. Advertising Fee/Rate: means the expenses incurred for Advertising by the Advertiser based on the Company"s Rate Card. Agreement: means these general terms and conditions and the Advertising Contract. Cancellation Notice: means the written termination of an Advertisement Contract by an Advertiser or Advertising Agency as specified in this Agreement. Copy Desk: means the place for the official receipt of the Advertisement Material which shall include the Company"s offices, official email and Bureaus. Day(s): means all calendar days inclusive of weekends and Public Holidays except the 25th of December. Rate Card: means a document containing prices and descriptions for the various advertisement placement options on the Company"s Newspaper brands.
2. ADVERTISING AGENCIES AND COMMISSIONS:
2.1. An Advertiser or an Advertising Agency shall be deemed to contract as a principal and will accordingly be responsible for the payment of accounts and will be deemed to have full authority to
contract in their capacity in all matters.
2.2. An Advertising Agency represents and warrants that it has the authority to enter into this Agreement and such agreement as entered between the parties shall become binding between the respective
parties.
2.3. An agency commission shall be subject to the agreed terms between the Advertising Agency and the Company and will be calculated on the basis of rates applicable, less discounts allowable, and less surcharge payable under the
provisions of Clause 4.
2.4. No agency commission payable by the Company to an Advertising Agency shall be paid or allowed to be shared with any client of the Advertising Agency, or any representative or employee of any client, the Company
or any Advertising Agency not recognized by the Company under Clause 2.3 of these Terms and Conditions.
3. ACCEPTANCE OF TERMS AND CONDITIONS
3.1. The signing and stamping of the Advertisement Contract by the Advertiser shall be deemed an acceptance of these Terms and Conditions by the Advertiser.
3.2. No terms or conditions other than
those set forth herein shall be binding upon the Company or the Advertiser, unless reduced to writing and signed by or on behalf of both the Company and the Advertiser.
4. ACCEPTANCE OF ADVERTISEMENT
4.1. Submission of Advertisement Material to the Company does not constitute a commitment nor acceptance by the Company and shall comply with the Code of Advertising Practice and Direct Marketing, the Company"s
Editorial Policy and all relevant applicable laws, technical requirements and submission procedures specified in the Advertisement Contract.
4.2. The Advertisement Material for publication in the daily edition must be received at the Company"s
Copy Desk at least twenty-four (24) hours before the date of publication. For weekly publications, the Advertisement Material must be received three (3) Days prior to date of publication.
4.3. Without prejudice to Clause 4.5 , the Advertiser
shall be responsible for providing to the Company all Advertisement Material which must be camera ready for publication including but not limited to design, artwork, pictorials, format, write-ups and of acceptable quality provided the Company
may upon written request assist an Advertiser in preparing its Advertisement Material for publication at an additional cost whereupon the Company shall retain all copyright to the advertisement design, layouts and all other elements that represent
the Company"s intellectual property whether registered or not. The Advertiser shall not reproduce any of such work without the express written consent of the Company.
4.4. The form in which the Advertisement Material shall be submitted,
the procedure for acceptance, approval and/or rejection thereof, surcharges for late acceptances, changes or alternative copy use and like matters shall be dealt with in accordance with the submission procedures specified in the Advertisement
Contract or as shall be communicated by the Company from time to time.
4.5. The Company at any time may without incurring any liability whatsoever to the Advertiser: 4.5.1. Add to, delete, change or otherwise amend Advertisement Material if
in the opinion of the Company the Advertisement Material contains unsuitable content provided the Advertiser shall remain liable to pay for any such Advertisement. 4.5.2. Decline to publish any Advertisement Material without giving any reason
provided the Advertiser shall not be liable to pay for any such Advertisement. 4.5.3. Restrict any repeat publication of the same Advertisement Material.
4.6. The Company will not be responsible for any liability arising from Advertisement
Material that is not properly formatted or displayed because it was not received by the Company in the proper form, in a timely manner, or in an acceptable technical quality for publication.
4.7. The Advertiser shall check for errors in its
Advertisement Material before submission to the Company for publication. The Company shall not be liable for any error, if any, occasioned by such omission by the Advertiser or at all.
4.8. All bookings are accepted on the understanding that
they will be paid for at the rates specified in the Company"s Rate Card in force at the date of placement of an Advertisement Contract and acceptance procedures specified in this Clause 4.
4.9. No Advertisement Material will be accepted
if signed subject to editorial write-ups being provided with the Advertisement Material.
4.10. The Advertiser assumes sole responsibility for the contents of the Advertisement. The Company may, at its sole discretion request the Advertiser
to produce documentary evidence to prove the accuracy and legal validity of the information contained in the Advertisement. In the absence of such documentation, the Company reserves the right to cancel publication of the Advertisement in question.
5. DATES AND TIMES OF PUBLICATION
5.1. The Company does not guarantee that the scheduled time, spot and or dates of publication will be adhered to provided that if for any reason whatsoever an Advertisement Material is:
5.1.1. Not
published during the period arranged; or
5.1.2. Not published at all; or
5.1.3. Published so that a material part thereof is omitted; and
5.1.4. Published containing a material error made by the Company. The Company will endeavor to
offer publication of the Advertisement Material during some other period which may be accepted by the Advertiser provided that if any offer of such a republication is not accepted (or is not made) the Advertiser shall have no claim against the
Company in respect of the error and or omission specified herein and provided further the Company shall be entitled to be paid by the Advertiser any fees or such expenses as the Company has incurred in publication of the Advertisement Material.
5.2. Any complaints on the quality of the Advertisement Material published by the Company should be made within fourteen (14) days of publication. Failure to do so will absolve the Company of any liability whatsoever.
5.3. All Advertisement
Materials are subject to space availability. In the event of omission from the issue for which it is booked due to lack of space, the Advertisement Material will be published in the first issue thereafter in which space is available.
6. CANCELLATION:
6.1. Unless otherwise specified in the Advertisement Contract overleaf, in the event of cancellation of a signed Advertisement Contract, the Advertiser must inform the Company in writing at least forty-eight (48) hours
before the intended date of the publication provided that an Advertisement cancelled in the middle of an Advertising schedule shall take effect within twenty-four (24) hours from receipt of such notice. Such Cancellation Notice shall however not
release the Advertiser from its payment obligations in respect of Advertisement Material already published by the Company.
6.2. The Company has the right to terminate placement of an Advertisement by giving twelve (12) hours" notice prior
to the scheduled publication of the Advertisement Material.
6.3. Upon receipt of a Cancellation Notice or termination by the Company as provided in this Clause 6, the Company shall refund any fees paid upfront but unutilized within thirty
(30) days from the date of receipt of such notice or termination without interest.
7. MATERIAL AND PROPERTY LIABILITY: While every care will be taken in respect of recordings, scripts and other material, the Company shall not be liable for the loss, damage, delay in delivery thereof whether in the studios or in transit and whether or not such recordings, scripts or other material are supported by the Advertiser or the Company.
8. ADVERTISING FEES
8.1. Without prejudice to the provision of Clause 9.1, the Advertiser shall pay to the Company Advertising Fees as specified in the Rate Card in force at the date of execution of an Advertisement Contract.
8.2.
Advertising Fees payable by an Advertising Agency shall be paid for not later than the 7th Day of the date of the invoice.
8.3. Advertising Fees payable by an Advertiser (who is not an Advertising Agency) shall be paid in advance unless the
Advertiser has approved credit facilities with the Company and is within the agreed limits of the credit facility of the scheduled publication date and in default of such payments, the Company shall be entitled to refuse to publish the Advertisement
Material and provided further that if the Advertisement Material is published, the Company shall bill the Advertiser and the Advertiser shall pay the Advertising Fee not later than the 7th Day of the date of the invoice.
8.4. An Advertisement
Contract signed for specific page (s) or spot (s) will only be accepted subject to 25% premium being paid over and above the rate specified in the Rate Card. All other Advertisement Materials not meeting this condition will be published in the
best possible spots.
8.5. All Advertising Fees outstanding for more than thirty (30) days from the due date will be subject to a monthly interest at the rate of 2% per month until payment in full.
8.6. If the Advertiser or an Advertising
Agency does not adhere to the payment schedule specified in this Agreement or within the terms of this Advertisement Contract, then any discounts allowed to the Advertiser or the Advertising Agency shall cease from the date of such default and
the entire amount shall forthwith become due for payment.
8.7. The Advertiser shall fully indemnify the Company for costs incurred by the Company in collection of any amounts owing hereunder, including without limitation to collection fees,
litigation costs and reasonable attorneys" fees incurred by the Company in recovery of the debt.
9. CHANGES OF RATES OR CONDITIONS:
9.1. The Company reserves the right at its sole discretion to amend the Rate Card or this Agreement by not less than fourteen (14) days" notice and in the event of such change, the Advertising
Rates payable and the terms & conditions applicable shall be those in force at the time of publication of the Advertisement Material provided the Advertiser shall (by serving written notice on the Company within fourteen (14) days of receipt of
the notice of such change) be entitled to issue a Cancellation Notice for any Advertisement Material to which the changed Advertising Rates or terms and conditions would otherwise be applicable.
9.2. The Company reserves the right at its sole
discretion to vary or make special rates or terms & conditions for specific Advertisements or for bookings at certain specified periods.
10. WARRANTIES AND INDEMNITIES: The Advertiser warrants and represents to the Company that:
10.1. All rights, permissions, consent and moral rights waiver required for the publication of the Advertising Material have been duly obtained
by contracting any material rights holder for purposes of publishing the Advertisement Material.
10.2. All Advertisements must comply with the legal requirements as set out under the Trade Descriptions Act and such other relevant laws and
regulations affecting such Advertisement Material and no liability shall be accepted by the Company for non-compliance. The Advertiser shall fully indemnify the Company for any claim lodged under Trade Descriptions Act and other relevant laws
and regulations.
10.3. The Advertisement Material is not the subject of plagiarism or which otherwise constitutes a breach of Copyright or other allied intellectual property rights.
10.4. The Advertiser shall at all times defend and hold
harmless the Company and its trustees, directors, officers, employees and agents from and against the full amount of all losses, liabilities and expenses (including reasonable attorney"s fees) of any kind due to a third party and in particular
against all demands, claims, losses, damages, costs or expenses arising from typographical errors, libel, slander, invasion of privacy or any allegations thereof from infringement or alleged infringement of copyright arising from publication of
the Advertisement and from any claims or actions against the Company whatsoever. This Clause 10 shall survive the lapse or termination of this Advertisement Contract
11. CONFIDENTIAL INFORMATION:
11.1. The Advertiser shall not at any time disclose, directly or indirectly to any other person whatsoever (including to the public or any section of the public) any information regarding the internal affairs
of the Company, whether such information or matter is stated to be confidential or not, without the express written permission of the Company. This covenant is given by the Advertiser on its own behalf and the Advertiser also undertakes to ensure
that it will take all reasonable steps to enforce obligations in like form against its personnel, agents and representatives.
11.2. The confidentiality obligations set out in this Clause shall survive in perpetuity after the termination or
lapse of this Advertisement Contract and shall apply to the Advertiser"s personnel, agents and employees who have acquired, whether directly or indirectly, such confidential information.
12. FORCE MAJEURE:
12.1. Force majeure means any circumstances beyond the control of the parties, including but not limited to breakdown of war, invasion, civil war or strife, rebellion, strikes, lockouts or other industrial disputes
or actions, fire, flood, pandemic, epidemic, earthquake, explosion, decision of any court or other judicial body of competent jurisdiction, acts of God, acts of government or other prevailing authorities or defaults of third parties.
12.2.
Notwithstanding the provisions of the contract, neither party shall be considered to be in default or in breach of its obligations under the contract to the extent that performance of such obligations is prevented by any circumstances of force
majeure which may arise after the Contract is entered into by the parties.
12.3. If either party considers that any circumstances of force majeure are occurring or have occurred which may affect performance of its obligations, it shall immediately
give notice to the other party and shall do everything in its power to resume full performance.
12.4. If circumstances of force majeure have occurred and shall continue for a period of thirty (30) days, either party may, at its discretion,
terminate this Agreement by serving upon the other seven (7) days" notice to terminate the Contract.
13. DATA SECURITY In order to keep and maintain the Advertiser"s records with the Company, the Company will collect and process the Advertiser"s personal information. The Advertiser gives consent for the collection and disclosure of such personal information to third parties to the extent that the disclosure will be in accordance with applicable laws and regulations. The Company undertakes to put in place adequate technical and organizational security measures to ensure integrity and confidentiality of data in accordance with the Data Protection Act, 2019.
14. PUBLICITY AND INFORMATION The Advertiser shall only publish any information in connection with any Advertisement which has been published or is scheduled for publication if the Company has given its prior consent.
15. ADVERTISEMENT STYLE AND FONT The Company reserves the right to reject Block Borders or Decorative Rules which are deemed, unsuitable or objectionable.