General Advertising Terms and Conditions
1. These terms and conditions (unless agreed otherwise and in writing) apply to all Advertisements (as defined below) for publication or insertion in:
1.1 The Daily Express, the Sunday Express, the Daily Star, the Daily Star Sunday, and any other print newspaper titles published by the Publisher (as defined below) from time to time whether regularly or as a “special edition”; (“the Newspapers”)
1.2 Saturday Magazine, S Magazine, Daily Star Sunday TV Extra Magazine, the Daily Star HOT TV, OK!, new!, Star, and any other magazines and supplements published by the Publisher (as defined below) from time to time whether regularly or as a “special edition” (“the Magazines and Supplements”) and
1.3 On 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 of the Publisher (as defined below) (including any third party websites for which the Publisher has the right to sell advertising) (“Digital Publications”) (“the Publications” and each a “Publication”)
2. These terms and conditions also apply to all Advertisements whether booked directly by an advertiser or through an advertising / media / booking agency or other related agency (“the Agency” or “Agent”). The party placing the order or making the booking for an Advertisement(s) or Prize Sourcing in a Publication or Publications (“the Purchaser”) shall do so as principal at law – this is irrespective of whether the Purchaser is an advertiser or an Agency, acting on behalf of the Purchaser. Accordingly, if the Purchaser is an Agency, it shall be responsible and liable for the obligations of the advertiser also.
3. For the purposes of these Terms and Conditions, the term “Advertisement” shall have the following meaning:
“Advertisement” means an advertisement or similar commercial arrangement (in any medium) including, but not limited to, display advertisements, classified advertisements, Advertisement Features, inserts, sponsorship arrangements, banners, leaderboards, pop-ups and skyscrapers, as the context permits.
“Advertisement Feature” means an advertisement feature, advertorial or promotion, the content of which is controlled primarily by the Purchaser (or its client), and not the Publisher in exchange for payment or other reciprocal arrangement.
“Campaign” means a campaign of Advertisements in a Digital Publication.
“Prize Sourcing” means the sourcing and supply of a Prize or Prizes by the Purchaser and, as agreed by the Publisher in the separate prize booking form (as supplied by the Publisher), for the purpose of a competition to be published in the Publications and/or Digital Publications.
“Working Days” means Monday to Friday, excluding Public holidays, in England.
“Publisher” means the company who publishes the applicable Newspaper, Magazine, Supplement or Digital Publication, namely: Express Newspapers for the Newspapers and related magazines and supplements; www.express.co.uk and www.dailystar.co.uk; TM Publishing 1 Plc for OK! magazine; www.ok.co.uk; Star Magazine and www.star-magazine.co.uk; TM Magazines Limited for new! magazine and www.new-magazine.co.uk
4. Booking and Delivery of Advertisement Materials
4.1 All Advertisement bookings must be confirmed in writing. Confirmation via email or electronically (via the Publisher’s booking system) shall be deemed to be confirmation in writing.
4.2 Any condition or specific request from a Purchaser in relation to the placement of an Advertisement or a Campaign in a Digital Publication must be clearly incorporated in the Insertion Order supplied to and approved by the Purchaser.
4.3 The Purchaser shall supply all copy, materials, content and information in relation to any Advertisement (“Advertisement Material”) 1) by the deadline stated below, in the Publisher’s Order Form or otherwise specified by the Publisher in writing; and 2) in the format either specified below, in the Order Form or as otherwise agreed between the parties in writing:
4.3.1 Mono Copy:
All mono copy for Advertisements in the Newspapers or where applicable, the Magazines and Supplements, must be supplied as digital files. The file format must be supplied as PDFs with embedded fonts.
Classified copy must be supply via e-mail
Display copy must be supplied via upload at - www.tag-presspoint.com
4.3.2 Colour Copy:
Classified and display colour Advertisements for the Newspapers and, where applicable, the Magazines and Supplements, can be supplied in various formats and on several types of media. All copy must be supplied to the Publisher in Apple Mackintosh compatible CMYK digital format at least 3 Working Days before publication. All newspaper colour advertising files are subject to Presspoint production charges, including Hot TV
Acceptable file formats and media
File Formats Media
1.PDF 1. Upload at - www.tag-presspoint.com
2.ILLUSTRATOR 2. e-mail
3.EPS 3. DVD or CD
Unless agreed otherwise, all Advertisements for the Magazines must be supplied in PDF 1.3 file format and supplied to the PPA standard “PassForPress” specification.
Acceptable file delivery methods
Upload via www.tag-response.com
4.3.4 Digital Publications
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.
The Purchaser shall supply digital Advertisement Material at least (i) 2 Working Days for Standard Advertisement Material formats such as gif, Jpeg, flash; and (ii) 3 Working Days prior to the Start Date for rich media and Java script & tags.
Digital-Pass-back – Purchasers may not purchase inventory for pass-back to a third party without the express prior approval of the Publisher. If approved by the Publisher, the Purchaser shall use the Publisher’s pass-back tags.
4.3.5 Prize Sourcing
The Purchaser shall provide all material and artwork for the competition / Prize Sourcing by the deadline agreed in the applicable Prize Sourcing Booking Form in jpeg format, 300dpi at size of use and a minimum of 2MB in size (or as otherwise agreed in writing between the parties).
4.4 It is the responsibility of the Purchaser to supply all Advertisement Material to the correct specifications for all Publications.
4.5 Loose Insert Delivery (“Inserts”)
4.5.1 For Inserts not received at the following delivery times prior to publication, the Publisher reserves the right to not include the Insert in the relevant Publication and to charge the Purchaser at the contractual rate:
- Saturday Magazine and the Daily Star HOT TV – 12 days prior to the scheduled publication date;
- S Magazine and the Daily Star Sunday TV Extra Magazine – 13 days prior to the scheduled publication date;
- OK! Magazine – 7 days prior to the scheduled publication date;
- new! and Star Magazines – 6 days prior to the scheduled publication date;
- Daily Express, Sunday Express, Daily Star and Daily Star Sunday - 7 days prior to the scheduled publication date;
- All other Publications – as notified to the Purchaser by the Publisher.
4.5.2 Any cost incurred as a result of supplied Inserts not meeting the Publisher’s required specification will also be charged to the Purchaser.
4.6 Advertisement Features
4.6.1 The Purchaser will provide to the Publisher a brief of its requirements for an Advertisement Feature and any material it wishes to feature in the same. The Publisher shall then produce a first proof of the Advertisement Feature and submit it to the Purchaser for approval. The Advertisement Feature shall be reviewed by all parties as part of a two-proof process included in the booking fee, subject to the timetable in clauses 4.6.6, 4.6.7 and 4.6.8 below. Major amendments to copy and/or layout may be requested by the Purchaser to the first proof of the Advertisement Feature. Only minor amendments may be requested by the Purchaser to the copy and/or layout of the second proof of the Advertisement Feature. The Publisher, under certain circumstances and within its discretion, will accept two rounds of the aforementioned process (e.g. with agency and then with the advertiser). All key stakeholders of the Purchaser must review the proof before providing amends to the Publisher, collated to one email / correspondence, wherever possible.
4.6.2 Any further amendments or approvals required by the Purchaser in relation to the Advertisement Feature will be subject to charges (Additional proof - £500 net of Agency commission, plus VAT). The Publisher may, in its discretion, waive charges for amendments after the approval deadlines where those amendments are to correct typos.
4.6.3 Amendments are to be to the original brief and include editing / rewriting copy and design tweaks where necessary.
4.6.4 If a new brief is supplied by the Purchaser, this will incur an additional production cost and the Publisher will work to a new schedule, should this be practicable and should time allow.
4.6.5 Fees assume that library or existing images will be used. However if the Purchaser requires bespoke or original images, then it shall inform the Publisher and the same shall be subject to the payment of additional fees.
4.6.6 Any major or minor amendments requested by the Purchaser on the first proof of the Advertisement Feature must be submitted to the Publisher within 48 hours of receipt.
4.6.7 Minor amends requested by the Purchaser on the second proof must be submitted to the Publisher within 24 hours of receipt.
4.6.8 Final proof will be sent by the Publisher to the Purchaser for approval. Should the Purchaser not respond within 24 hours of receipt, the Publisher will deem such final proof to be approved (except where regulatory approval must be sought).
4.6.9 Costs are subject to agreed timings. If additional time is required by the Purchaser for sign off, the Publisher must be made aware of this at the booking stage.
5. Rates, Payment Terms and Reporting
5.1 All Advertisement rates for Publications quoted are exclusive of VAT at the pertinent rate. All gross display Advertisements rates are subject to 0.1% Advertising Standards Board of Finance surcharge, payable by Purchasers to help finance the self-regulatory control systems administered by the Advertising Standards Authority. The level of this surcharge is subject to revision at any time.
5.2 All negotiated Advertisement discount rates are subject to approval by the Publisher’s Group Joint Managing Director. Such approval will be communicated to the Purchaser and is subject to written acceptance within 28 days.
5.3 Payment terms are as follows:
5.3.1 All Purchasers will be required to prepay in full prior to the agreed Advertisement publication date unless credit terms have been approved in writing by the Publisher following a satisfactory credit check.
5.3.2 For Purchasers whom have undergone a satisfactory credit check and have approved standard account facilities - payment is due from the Purchaser on the 15th day of the month following the month the invoice is dated.
5.3.3 For Purchasers whom have undergone a satisfactory credit check and have approved monthly accounts – payment is due from the Purchaser on the last working day of the month following the month the invoice is dated.
5.3.4 For Purchasers who have had self-billing arrangements expressly authorised by the Publisher, all payments made to the Publisher must be accompanied by corresponding remittance advice.
5.4 Unless otherwise specified by the Publisher, Agency commission rates are as follows:
5.4.1 Agencies recognised by the NPA – 15%.
5.4.2 Non-recognised Agencies – 10%.
5.5 Should the Purchaser require an order number to be quoted to release payment, such a number must be provided at the time of booking. Failure to provide at this time will result in the Purchaser forfeiting the right to withhold payment, should an order number not be quoted.
5.6 The Publisher shall be entitled to charge statutory interest pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 (as amended 2002) / The Late Payment of Commercial Debts (Rate of Interest) (Scotland) Order 2002 on all sums due at a current rate of 8% above the Bank of England base rate for the time being until payment is received.
5.7 In the event of a change in the Purchaser’s credit circumstances or a failure to comply with the payment terms set out in Clause 5.3 above, the Publisher reserves the right to review and vary the payment terms and credit limit in relation to such Purchaser. Written notification of any variation will be sent to the Purchaser.
5.8 The Publisher reserves the right to undertake periodic credit and status checks on the Purchaser for the purposes of this Agreement.
5.9 In the event of complaint, claim or query whether in relation to an Advertisement or the invoice the Purchaser agrees to raise such a matter with the Publisher in writing within 7 days of receipt of invoice and without prejudice to the Publisher’s entitlement to be paid, pay a sum representing a reasonable proportion of the charge agreed. Any complaint, claim or query shall not affect the liability of the Purchaser to make payment to the Publisher for that and all other Advertisement charges by the due date.
5.10 Where an advertiser instructs/appoints an Agent or other third party to act on their behalf, the advertiser will remain jointly and severally liable for payment in respect of Advertisement(s) should the appointed Agent or third party fail to pay. For the avoidance of doubt, the Agent acts for the advertiser and not the Publisher with the agent being responsible for notifying the Purchase of this liability.
5.11 Where an Agent or other third party books Advertisement(s) on behalf of the advertiser, the Agency or other third party will be liable for payment to the Publisher by the agreed payment date, whether or not the Agent or other third party have received payment from the advertiser.
5.12 The Publisher is entitled to add any reasonable debt recovery costs incurred in obtaining payment, the current rate;
- UK debts – 8% of the total debt value
- Non UK overseas debts – 15% of the total debt value
- The Publisher shall be entitled to an administration charge from the Purchaser of £25.00 in respect of any cheque not paid upon presentation, or credit/debit card payment charged back in error by the Purchaser, its agent or other third party.
Statistics and Reporting
5.13 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).
5.14 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.
5.15 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.
5.16 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.
6. Cancellation, Rejection and Alterations
6.1 The Publisher reserves the right to cancel any order, or to decline any Advertisement even if the Advertisement has been published previously, or to change the position of any Advertisement, or make any alterations to an Advertisement which is considered necessary. The right is also reserved to reject any Advertisement due to appear in the Publications, which copies editorial style or layout to a degree which is considered by the Publisher to be misleading, unlawful or otherwise contrary to clause 9 below. Early submission of Advertisement Material should alleviate any problems of this nature.
6.2 Cancellations – All cancellations of bookings for Advertisements must be notified to the Publisher as follows:
6.2.1 For Advertisements booked for publication in any of the Newspapers - the Purchaser must notify the Publisher of cancellation in writing at least 14 Working Days prior to the scheduled publication date;
6.2.2 For Advertisements booked for publication in any of the Magazines and Supplements – the Purchaser must notify the Publisher of cancellation in writing at least 28 Working Days prior to the scheduled publication date;
6.2.3 For Inserts – the Purchaser must notify the Publisher of cancellation at least 12 weeks prior to the scheduled date of insertion;
6.2.4 For Advertisements booked for publication in the Digital Publications – the Purchaser must notify the Publisher in writing by the deadline specified in the Insertion Order or if no deadline is specified, then at least 3 Working Days prior to the scheduled publication or commencement date of a Campaign.
6.2.5 For Prize Sourcing – at least 10 days before the agreed due date for publication in the Publications;
6.2.6 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.
6.3 Cancellations after the deadlines referred to in clause 6.2 above will not be accepted and no refunds for such cancellation will be given in any circumstances and all sums owing will remain due to the Publisher as per the agreed payment terms.
6.4 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.
6.5 The Publisher shall use its reasonable endeavours to comply with requests but it cannot guarantee the date, time or precise position of an Advertisement in a Digital Publication.
7.1 The Purchaser grants to the Publisher the right to reproduce, store and archive the Advertisement and, in particular:
7.1.1 The right to reproduce the Advertisement for the purposes of fulfilling its obligations hereunder and for promoting its advertising services; and
7.1.2 The right to use and reproduce the Purchaser’s, or as the case may be, the advertiser’s, name, trademarks and logos for the purpose of fulfilling its obligations hereunder and for promoting its advertising services.
8. Publisher Obligations and Liability
8.1 The Publisher shall have no liability in the event that any Advertisement (whether previously published or not) was not printed on the booked date (or at all) by reasons beyond the reasonable control of the Publisher. The Publisher shall use reasonable efforts to reschedule the printing of the Advertisement at a later date where reasonably practicable.
8.2 In all other circumstances where the Publisher fails to print an Advertisement on the booked date (or at all) the Publisher, at its option, shall either arrange for the Advertisement to be printed on an alternative date or dates or refund to/credit the Purchaser an amount equal to sums paid in relation to the Advertisement(s) that was/were not printed.
8.3 In no circumstances shall the Publisher’s liability to any Purchaser in relation to any Advertisement or series of Advertisements exceed the sum paid or payable in relation to the Advertisement or series of Advertisements in question.
8.4 The Publisher shall not be liable to the Purchaser for any consequential or indirect loss or damage suffered by the Purchaser arising from any failure to publish an Advertisement or series of Advertisements by the scheduled date of publication or any other breach by the Publisher of this Agreement.
8.5 Every care is taken in the printing of Advertisements, but the Publisher shall not be liable for errors or for any consequences arising out of the publication of any Advertisements in any of the Publications. The Purchaser must check the accuracy and correctness of each and every Advertisement prior to submitting the same to the Publisher. In the case of repeat Advertisements or a series of Advertisements, the Publisher assumes no responsibility for the repetition of an error unless the Purchaser has notified the Publisher in writing immediately and before the Publisher’s deadline for the next insertion or publication of an Advertisement.
8.6 Whilst every endeavour is made to insert Advertisements as ordered, the Publisher reserves the right to use their discretion in every situation with regards to date, appearance and position.
8.7 The Purchaser agrees and acknowledges the Publisher or its agent will not provide voucher copies of any Advertisement(s), unless such arrangement is approved in writing by the Publisher’s Group Credit Manager prior to booking.
8.8 The Publisher will not accept any responsibility for any damage or loss of any Advertisement Material.
8.9 All Advertisements are accepted subject to the understanding by the Purchaser that, due to the Publisher’s process of anamorphic photo- composition, shrinkage of up to 4% of the total area of an Advertisement may occur. Should this in fact happen it is agreed that the Publisher will not accept any responsibility for such an occurrence.
9. The Purchaser’s Warranties
9.1 The Purchaser warrants and represents:
9.1.1 That is has full power and authority to enter into this Agreement and perform its obligations hereunder;
9.1.2 That the Advertisement Material submitted for an Advertisement (in any medium) is owned by the Purchaser or the Purchaser is authorised to use the entire contents and subject matter contained in the Advertisement and collateral information, including without limitation, (a) the names and/or pictures and/or likeness of persons; (b) any copyright material, trade marks service marks, logos, and/or depictions of trade marked or service marked goods or services and nay other intellectual property rights; and (c) any testimonials or endorsements contained in any Advertisement submitted to the Publisher;
9.1.3 That the Advertisement Material submitted for an Advertisement (in any medium) is not of a blasphemous or libellous, defamatory or obscene nature nor of such kind as to infringe (a) any common law, (b) any Act of Parliament, (c) any government rules and regulations, (d) any third party’s rights, including but not limited to intellectual property rights, confidence and privacy (e) any industry codes, including without limitation those with respect to advertising, e.g. the British Codes of Advertising and Sales Promotion as issued by the Advertising Standards Authority; and
9.1.4 That the Advertisement Material for any Advertisements for publication in the Publisher’s Digital Publications does not contain any viruses, Trojans or malicious or harmful code.
10. Bribery Act 2010
10.1 Each party shall perform all of its obligations and conduct itself under this Agreement in accordance with the Bribery Act 2010, as amended from time to time (“Bribery Act”). The Purchaser, if an Agency, must ensure that the advertiser also observes and complies with the provisions of the Bribery Act.
10.2 Each party shall have and shall maintain in place throughout the duration of this Agreement between the parties, adequate procedures under the Bribery Act, to ensure compliance with the same and shall take all necessary action to enforce them where appropriate.
10.3 Any breach this clause 10 by either party shall constitute a material breach of this Agreement which is not capable of remedy and in such circumstances, the non-breaching party shall be entitled at its discretion to immediately terminate this Agreement (together with any or all other agreements from time to time in force between the parties) by serving notice in writing to the other.
11. The Purchaser’s Indemnity
11.1 The Purchaser undertakes to keep the Publisher fully indemnified from and against all actions, proceedings, costs, claims, damages and demands howsoever arising in respect of any breach, alleged breach or non-performance by the Purchaser of any or all of the undertakings, representations, warranties or obligations in these terms and conditions or implied by law.
12. Assignment of Debts
12.1 The Purchaser agrees that the Publisher shall, at its absolute discretion, be entitled to assign any debts owed to it, by the Purchaser or servant or agent acting on the Purchaser’s behalf, to any third party, and to release all relevant data and information to assist in the debt collection process, the prevention of fraud and bad debts to any third party and regulatory compliance.
13. Data Protection, Cookies and Audience Extension
13.1 All personal data shall be treated in accordance with the provisions of the Data Protection Act 1998 and all other applicable regulations and the Purchaser and the Publisher must, at all times, comply with their respective obligations thereunder. The Purchaser should contact the Publisher’s Credit Manager, if they require any further information regarding the processing of such data.
13.2 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.
13.3 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.
13.4 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.
13.5 In respect of competitions operated and published by the Publisher on behalf of a Purchaser, if the Purchaser wishes to have access to and use of any personal information (as defined under the Data Protection Act 1998) of the entrants to such competition, the Purchaser must communicate the same to the Publisher prior to publication of the competition. The Purchaser may, but is not obliged to, permit the access and use of the same by the Purchaser.
13.7 The Publisher will use selected third party to provide services in relation to Audience Extension in respect of the Advertisements.
13.8 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.
13.9 The Publisher shall use reasonable endeavours to adhere to the above however the Purchaser 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.
13.10 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.
14.1 The failure of the Publisher to enforce any term or provision of these Terms and Conditions do not constitute a waiver of the same and shall in no way affect the Publisher’s later right to enforce or exercise the term or provision.
14.2 These Terms and Conditions apply to the exclusion of any other terms that the Purchaser seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing unless otherwise agreed with the Publisher in writing.
14.3 Apart from the advertiser (if not the Purchaser and a direct party to this Agreement), no person other than a party to these Terms and Conditions may enforce the same by virtue of the Contracts (Rights of Third Parties) Act 1999.
14.4 If any provision of these Terms and Conditions is determined to be illegal or unenforceable by any court of competent jurisdiction it shall be deemed to have been deleted without affecting the remaining provisions.
14.5 These Terms and Conditions shall be governed by and construed in accordance with English law and the courts of England and Wales shall be the courts of competent jurisdiction.