Digital Advertising Terms and Conditions
1.1 These Digital Advertising Terms and Conditions apply to Purchasers placing advertisements within www.express.co.uk; www.dailystar.co.uk, www.ok.co.uk, the mobile versions thereof together with any related mobile apps and any other websites or mobile apps which form part of the Northern & Shell Media Group “Network” (including any third party websites for which Northern & Shell Media Group has the right to sell advertising inventory) (“Digital Publications”).
1.2 These terms and conditions must be read in conjunction with the General Advertising Terms and Conditions and these, together with any Insertion Order, shall form the Agreement between the Publisher and the Purchaser in relation to the placement of an Advertisement or a campaign of Advertisements (“Campaign”) on or within the Digital Publications.
1.3 All definitions used in these Digital Terms and Conditions and not otherwise defined herein shall have the same meaning as set out in the Advertising Terms and Conditions
1.4 Any condition or specific request from a Purchaser in relation to the placement of an Advertisement or a campaign or series of Advertisements must be clearly incorporated in the Insertion Order supplied to and approved by the Purchaser.
1.5 All Advertisements for the Digital Publications must comply with the Publisher’s technical specification for advertising in the Digital Publications and must be supplied to the Publisher in accordance with the applicable insertion order.
2. Amendments to or cancellations of Bookings
2.1 Alterations to the period or extensions to the end of a placement of an Advertisement or a Campaign may be submitted by a Purchaser however a new Insertion Order or request in writing must be submitted to and agreed by the Publisher.
2.2 The Publisher shall use its reasonable endeavours to comply with requests but it cannot guarantee the date, time or precise position of an Advertisement.
2.3 Cancellation or amendment of any booking for an Advertisement or Campaign cannot be accepted less than 3 working days prior to the launch date as specified in the applicable Insertion Order. Cancellation or amendment of any booking for the development of a microsite must be submitted no less than 1 week prior to the commencement of the development (as specified in the applicable Insertion Order) otherwise time expended and costs incurred shall be billed to the Purchaser.
3. Statistics and Reporting
3.1 Reports outlining the performance of an Advertisement or Campaign shall be generated by the Publisher’s preferred third party system and shall be provided to the Purchaser (at such frequency as agreed between the parties).
3.2 The delivery and usage statistics and figures provided by the Publisher to the Purchaser in such reports shall be the definitive measurement of the performance on any delivery obligations agreed between the parties in relation to an Advertisement or Campaign. Such statistics may include the number of impressions delivered, click-throughs and/or page views.
3.3 The Purchaser acknowledges and agrees that the Publisher cannot guarantee the number of impressions and, prior to the publication of an Advertisement or Campaign, any figures given by the Publisher to the Purchaser in relation to the number of impressions shall be estimates only.
3.4 Without prejudice to the above paragraph, in the event that the Publisher has agreed in writing to endeavour to deliver a minimum number of impressions or click-throughs in relation to an Advertisement or Campaign and such minimum number is not achieved during the agreed period, the Publisher may, in its discretion, 1) continue to publish the Advertisement or Campaign in the applicable Digital Publication(s) until the minimum number of impressions or click-throughs is achieved or 2) refund to the Purchaser pro rata in relation to the number of impressions or click-throughs actually achieved.
3.5 The Publisher does not provide any warranties in relation to (1) the availability or the absence of technical or other disturbances of its Digital Publications; (2) the number of clicks or page impressions or unique views for activity on its Digital Publications.
3.6 If Advertising Material for an Advertisement in a Digital Publication(s) is not delivered by the deadline pursuant to clause 4.2.4 of the Advertising Terms and Conditions or as agreed in the applicable Insertion Order, then the Publisher shall use reasonable endeavours to achieve the minimum volumes of impression and click-throughs agreed between the parties but shall have no liability for the failure to achieve the same. Furthermore, the Purchaser shall still be liable to pay the Publisher for the price / rate agreed for such minimum volumes.
4. Data and Cookies
4.1 The Purchaser permits the Publisher to tag and use such other technology as the Publisher, in its sole discretion, considers appropriate in relation to Advertisements in its Digital Publications to enable the Publisher to collect data in relation to usage, viewing of or “clicks on” its content. Such data (but not any personal data as defined under the Data Protection Act 1998) shall be made available to the Purchaser.
4.2 The Publisher owns all aggregated data and the intellectual property rights in the same generated (e.g. via the placement of Cookies) by the activity of users of its Digital Publications in which Advertisements are placed. The Purchaser shall not use such data for its own commercial purposes unless authorised by the Publisher in writing. If such authorisation is given, the Purchaser shall comply with any restrictions and security measures required by the Publisher.
4.3 Where a Purchaser wishes to drop cookies on users’ computers or use tags, pixels, web beacons or other data collecting technology (the “Technology”) for the purpose of displaying or providing advertising on the Digital Publications and tracking impressions and other related data, it shall notify the Publisher in advance of booking an Advertisement and provide all information requested by the Publisher regarding such Technology. A Purchaser shall not use such Technology without the prior written approval of the Publisher.
5. Audience Extension
5.2 The Publisher will use selected third party to provide services in relation to Audience Extension in respect of the Advertiser’s Advertisements.
5.3 Purchaser must provide the Publisher (via an Insertion Order or otherwise in writing) with any restrictions on particular websites or the type of content which it does not wish its Advertisements to appear or be associated with. The Purchaser must, if applicable, also provide details of any geographical territories to which the Audience Extension is to be limited.
5.4 The Publisher shall use reasonable endeavours to adhere to the above however Advertiser acknowledges and agrees that due to the nature of Audience Extension and the fact that the services are being provided by third parties, the Publisher cannot guarantee on which websites or with what content the Advertisements will be published.
5.5 A Purchaser may request, in writing, that an Advertisement is removed from a website and the Publisher shall contact the relevant third party supplier in relation to the same as soon as reasonably practicable. The Publisher shall inform the Purchaser when the Advertisement has been removed.