Terms and Conditions

 

 

Caledonista.com (Published by Hartmann Media Ltd - HM): Advertising Terms & Conditions

1. DEFINITIONS (a) the "Advertiser" means the person or entity booking advertising space in Caledonista.com with HM, whether an advertising agency, brand owner or whomsoever. (b) "Advertising Copy" means the advertising and promotional content (including any Sales Promotions as defined below) requested by the Advertiser to be published by HM in Caledonista.com. (c) "HM" means Hartmann Media Ltd, Lovat House, Gavell Road, Glasgow, G65 9BS UK. (d) "Digital Version" means the Caledonista.com publication as made available in an electronic format compatible with one or more handheld or tablet end-user devices (such as, without limitation, Kindles and iPads). (e) "Premium" and "Premium Plus" advertising options means in relation to "Premium" including but not limited to scrolling advertisements, slide shows and 30 second videos and "Premium Plus" including but not limited to photo explorer, photo 360 and 60 second video. (e) "Production Work" means any and all artwork, sketches, layouts, mock-ups, graphics, photography, processing or other work, work product, services and service product that the Advertiser may request HM to perform or provide from time-to-time. (f) the "Publication Date" means, in relation Caledonista.com Publication (Digital) the date(s) on which this version is published in the United Kingdom. (g) "Press Date" means HM’s various deadline(s) for receipt of any Advertiser's Advertising Copy, as the same may be notified by HM to the Advertiser in respect of each instance of publication of such Advertising Copy in a Digital Version. (h) "Rates" means HM's costs and charges for the publication of Advertising Copy in HM Publications, as evidenced in the Caledonista.com Rate Card in force at the relevant time, but not including any additional fees and costs for any Production Work as described in Section 2(b) below which shall be payable in addition to the Rates. (l) "Rate Card" means the table of HM’s Rates for the publication of Advertising Copy in HM Publications, as updated by HM from time-to-time, the current version of which is available by request in PDF format from karla@hartmannmedia.co.uk (j) "Sales Promotions" means as defined in Section 8 of the CAP 'UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing'. (k) "Technical Specifications" means HM's technical requirements for Advertising Copy provided by or on behalf of Advertisers from time-to-time, the current version of which is available from karla@hartmannmedia.co.uk. 2. RATES & COSTS

(a) Rates are quoted in the Rate Card exclusive of VAT and may be increased at any time upon 1 months’ written notice, "written notice" for these purposes to include notice posted on this web page as part of these Terms & Conditions. (b) In addition to the Rates, if the Advertiser requires any Production Work to be performed by HM, it shall pay HM for the same at the cost quoted by HM at the time of request, plus any applicable VAT or other sales tax at the prevailing rate.

(c) All rights, including all copyright, in any Production Work performed by HM shall vest in HM and the Advertiser may use the same solely for the limited purpose of publishing the associated Advertising Copy in the relevant HM Publications pursuant and subject to these Terms and Conditions. Where an Advertiser wishes to receive an assignment of rights in any Production Work then the same shall be subject to the written agreement of HM (which it may grant or withhold in its absolute discretion and which may include the agreement of any further terms). (d) Advertising Copy for Caledonista.com will be displayed in portrait orientation viewable via the horizontal scroll bar. Advertising Copy, which requires reformatting will be deemed to be Production Work and subject to an additional fee as set out in Section 2(b) above. Any custom Advertising Copy produced by HM will also constitute 'Production Work' and hence will incur additional fees as set out in Section 2(b) above. Advertising Copy supplied by the Advertiser to the Table Advertising Material Specifications (see Section 4(ii)(a) below) will not generally require any Production Work from HM and hence should not generally incur extra fees.

(e) Premium and Premium Plus options are approved on an individual case by case basis by HM in its discretion and are subject to extra fees.3. ORDERS

(a) Agents must disclose the name of their principals and nature of the advertised goods, services, Sales Promotions and Advertising Copy at time of booking. Any incomplete or misleading disclosure or failure fully to disclose, or any non-compliance of any matter with applicable regulation, entitles HM to reject or cancel the order. (b) The HM Rate Card is not an offer to contract. A contract between HM and the Advertiser (and HM’s obligation to publish any Advertising Copy on these Terms & Conditions) arises only upon and subject to HM’s written acceptance of the Advertiser’s order and additionally, in the case of financial advertising, the compliance of the relevant Advertising Copy with the Financial Services and Markets Act 2000. (c) Cancellations cannot be accepted from Advertisers within 1 weeks of the Publication Date of the digital print-media HM Publication. (d) Orders for leader boards, skybar’s and mpu positions can only be accepted subject to availability at the time of going to press. (e) It is the Advertiser’s responsibility to notify HM within 48 hours of receipt of HM’s written acceptance of the Advertiser's order for the publication of its Advertising Copy if the booking details set out in HM’s acceptance confirmation are incorrect. 4. COPY ARTWORK AND MATERIALS

(i) Digital Advertising Copy (a) All Advertising Copy (which must be in the form of JPEG OR GIF files – under 2 mb) provided by or on behalf of the Advertiser to HM must comply with HM’s Technical Specifications. HM may reject for publication any Advertising Copy which is not compliant with the Technical Specifications. (b) The technical compliance of Advertising Copy provided by the Advertiser to HM for publication in Digital Versions remains the responsibility of the Advertiser. HM accepts no responsibility and shall have no liability to the Advertiser for any of the consequences (including the state of the resulting digital Advertising Copy) where any materials provided to HM do not comply with the Technical Specifications. (c) If the Advertiser does not provide a JPEG of GIF file of the relevant Advertising Copy by the Press Date HM is entitled (but not obliged) to re-publish any previous Advertising Copy previously published in Caledonista.com. (d) HM shall be under no obligation to review or make corrections to any pre- or post-publication Advertising Copy. (e) For the avoidance of doubt, any links embedded in any Advertising Copy for any Digital Version will only be enabled when the relevant end-user device is connected to the Web via WiFi or 3G. (iii) General (a) All Advertising Copy supplied by the Advertiser will be held by HM at the owner’s risk and should be insured against loss or damage and backup copies retained by the owner. Advertising Copy will be deleted and destroyed by HM after 6 months of HM's receipt of the same unless collected from HM by the Advertiser. None of the Advertising Copy shall be deemed to have any value other than the cost of the materials.

5. PAYMENT

(a) Payment shall be made within 30 days of the date of HM's invoice. (b) If payment is not made in full within 30 days of the date of HM's invoice the Advertiser shall pay interest under The Late Payment of Commercial Debts (Interest) Act 1998, at 8% above Bank of England base rate. (c) New Advertisers will be required to pay in advance for the first three insertions of Advertising Copy.

6. GENERAL

(a) The Advertiser accepts that the Advertiser is a principal in law and accordingly warrants that all Advertising Copy (and its constituent parts) when submitted to HM for production and upon publication shall: (i) be neither defamatory nor obscene, and shall comply in all respects with the requirements of the British Code of Advertising Practice and other relevant industry codes, and (ii) comply with and not contravene the requirements of (a) any Act of Parliament, statutory instrument, code of practice or regulation promulgated thereunder including any law of the European Community for the time being in force or applicable in the United Kingdom and (b) any acts, decrees, regulations or authorities in those markets in which the advertisement (and in particular comparative advertising) may be accessed: (iii) in the case of financial advertising comply with the Financial Services and Markets Act 2000 and other relevant statutes and regulations issued pursuant to statute or by any regulatory body: (iv) not breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or entity or render HM liable to any proceedings or liabilities whatsoever, wheresoever.

(b) Notwithstanding anything to the contrary set out herein, HM is entitled at its absolute discretion to reject or exclude any Advertising Copy submitted for publication notwithstanding: (i) HM’s previous acceptance of the relevant Advertiser's order; and (ii) whether or not the relevant Advertising Copy has been previously accepted for publication or published previously. (c) The Advertiser will indemnify HM fully in respect of any costs, claims, damages, losses or liabilities of any sort suffered or incurred by HM arising directly or indirectly from the production or publication of any Advertising Copy which is in breach of any of the warranties set out in Section 6(a) above.

(d) Any complaint concerning the production or publication of any Advertising Copy must be notified in writing to HM within 1 weeks of the relevant digital publication Date. (e) HM will exercise reasonable care in preparing and publishing Advertising Copy but if any Advertising Copy is not published in accordance with the booking confirmation issued by HM due to the act or omission of HM, HM’s maximum liability shall be limited to the amount of any payment made for the relevant Advertising Copy. HM shall not be liable in any manner to the Advertiser for any error, misprint or omission which does not materially detract from the look or meaning of any Advertising Copy nor shall HM be liable to the Advertiser for any such error, misprint or omission to the extent attributable to the Advertiser's non-compliance with these Terms and Conditions. HM may (subject to Section 6(b) above) at the Advertiser’s request carry further or corrective Advertising Copy of a similar type and standard to the Advertising Copy which has not been published in accordance with the booking confirmation issued by HM which shall be the Advertiser's sole and exclusive remedy. (f) The Advertiser may not recharge a client for advertising space at an increased rate without HM’s written consent. (g) For Advertising Copy including a Sales Promotion or a special offer the Advertiser must provide all details when placing its order. (h) HM and the Advertiser warrant that they will observe their respective obligations under the Data Protection Act 1998 arising in connection with these Terms and Conditions. (i) These Terms and Conditions shall be construed under and governed by the law of Scotland and the parties submit to the exclusive jurisdiction of the Scottish Courts.

 

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