These terms and conditions (the “Terms and Conditions”) are a legally binding contract between the Buyer and the Publisher and apply to the acceptance of all Advertisements submitted for insertion in any FT Publication. The placing of an order or request for the insertion of an Advertisement shall constitute an agreement to these Terms and Conditions. Any such order shall not be deemed as accepted by the Publisher until the Advertisement is published. No variation or addition to these Terms and Conditions without the prior written consent of the Publisher shall be effective unless agreed to in writing by the Publisher and any additional terms the Buyer may seek to impose shall be void and/or unenforceable.
1 DEFINITIONS
The following defined terms are used in these Terms and Conditions:
1.1 “ABC” means the Audit Report prepared by Electronic Media
Audits Limited trading as ABC Electronic;
1.2 “Advertisement” means any advertising material submitted
by or on behalf of the Buyer (including without limitation Classified
Advertisements, Display Advertisements, Financial Advertisements, Financial
Listings and Job Advertisements) for insertion in an FT Publication;
1.3 “Buyer” means the person or legal entity placing with
the Publisher the order for the insertion of the Advertisement, whether
such person or legal entity is the advertiser of the relevant product
or service (the “Advertiser”), or the Advertiser’s
advertising agency, media buyer, or (in the case of Job Advertisements)
a recruiter representing a prospective employer (in each case the “Agent”):-
1.4 “Classified Advertisements” means Advertisements placed
in any classified section of the Newspaper using a typically using a
10 column format;
1.5 “Display Advertising” means any advertisements, other
than Financial Advertisements and financial listings that do not appear
under a Classified Advertising heading:-
1.6 “Financial Advertisements” means Advertisements placed
in order to fulfil a regulatory requirement (i.e. notices of interest
rate changes) or for the specific purpose of communicating with investors
(i.e. results / investor relations Advertisements) or relating to a specific
financial transaction (i.e. tombstones):-
1.7 “Financial Listings” means a single line of data appearing
on daily or weekly basis that relates to a specific stock or fund and
includes the most recently available market data for that stock or fund
(i.e. share price, high / low, ratio):-
1.8 “FT Publication” means the Newspaper, Message Campaigns,
any FT Site and/or any other material in, on or within which the Advertisement
is included which is disseminated by the Publisher in any medium, including,
without limitation, printed material, digital editions, websites, and
emails:-
1.9 “FT Site” means the website http://www.ft.com and any
online or wireless service operated by a member entity of the Financial
Times group of companies on any digital platform, where such a member
entity has not applied its own terms and conditions of insertion of Advertisements
to that service:-
1.10 “Job Advertisement” means an advertisement advertising
a job or other employment position:-
1.11 “Mail Order Services” means buying or selling goods
to be shipped by mail:-
1.12 “Message Campaign” means where an Advertisement is inserted
into emails, SMS, MMS or IM messages delivered by the Publisher, or any
similar form (a “Message Campaign”),
1.13 “Newspaper” means any or all editions of the ‘Financial
Times’ newspaper, including any reprints, supplements, magazines
or other insertion:-
1.14 “NPA Recognised Agent” means an Agent recognised under
the Joint Recognition Scheme of the Newspaper Publishers Association
Limited and the Newspaper Society:-
1.15 “Prize Promotion” means an Advertisement which includes,
promotes or makes reference to a competition, prize draw or similar:-
1.16 “Publisher” means The Financial Times Limited (or, for
certain pages of the FT Site, FT Personal Finance Limited):-
1.17 “Publication Date” has the meaning as set out in clause
4.1
1.18 “Rate Card” means the Publisher’s rate card in
effect for the time being:-
1.19 “Rates” means the retail price for any given Advertisement,
exclusive of VAT and any trade or negotiated discount:-
1.20 “Rich Media” means non-standard formats of online Advertising
that require special production or delivery processes:-
1.21 “Rich Publication Deadline” has the meaning set out
in clause 4.1;-
1.22 “Run of Site” means Advertisements appearing anywhere
on the FT Site at the discretion of the Publisher:-
1.23 “Run of World” means advertisements appearing to a user
in any geographic location at the discretion of the Publisher
1.24 “Site Campaign” means an advertising campaign consisting
of one or more Advertisements submitted by the Buyer for publication
on an FT Site:- and
1.25 “Start Date” means the agreed commencement date of a
Site Campaign.
2 PUBLICATION - GENERAL
2.1 The Buyer grants the Publisher an irrevocable, world-wide,
royalty-free licence to reproduce, publish and republish the Advertisement
within the relevant FT Publication.
2.2 The Publisher shall have at its absolute discretion the right to
refuse, omit, postpone, change the position of, or require changes to,
any Advertisement submitted for insertion at any time.
2.3 All Advertisers may be requested to complete a “Financial Times
Advertiser Registration Form”.
2.4 The Publisher will not be responsible for any loss or damage, consequential
or otherwise, occasioned by any error or omission in the insertion, of
any Advertisement, or for any damage or loss of any copy, electronic
files, data, drawings or other materials supplied for the purpose of
an Advertisement or any shrinkage that may occur during the normal course
of production.
2.5 Where an Advertisement includes a Prize Promotion, then unless otherwise
agreed in writing the Buyer shall be solely responsible for the operation
of that Prize Promotion (including the provision of all prizes). The
Buyer warrants that it shall operate any Prize Promotion in compliance
with all applicable laws, regulations and codes of practice. The Buyer
further warrants that it shall comply with all applicable data protection
legislation in connection with the operation of any Prize Promotion,
including the Data Protection Act 1998 and that it shall only use any
personal details of Prize Promotion entrants that it may obtain for the
purposes expressly agreed to by such entrants.
3 ADVERTISEMENTS SUBMITTED FOR INSERTION IN
THE NEWSPAPER
The conditions set out in this Clause 3 will apply to the acceptance
of all Advertisements submitted for insertion in the Newspaper.
3.1 Advertisement copy shall be supplied to the Publisher in accordance
with the relevant technical specifications set out in the Rate Card or
online at www.ft.com/techspecs, which include among other matters copy
lead times.
3.2 For Display Advertisements, colour is guaranteed for 90% of the total
ABC audited circulation, excluding those copies of the Newspaper printed
at mono-only print sites (at which the Buyer acknowledges Advertisements
will not be printed in colour). Classified Advertisements are published
worldwide in all editions unless otherwise stated, but will only be published
in colour in the UK edition; colour is therefore guaranteed for 90% of
the total UK ABC audited circulation.
3.3 Any Buyer offering Mail Order Services or requiring payment in advance
of goods being dispatched must be a member in good standing of the Mail
Order Protection Scheme (“MOPS”) and may be required to produce
proof of such
membership to the Publisher prior to acceptance of the Advertisement.
3.4 Should a Buyer wish to make use of a ‘box number’ service
offered by the Publisher, reasonable efforts will be made to forward
replies to box numbers to the agreed address as soon as possible. However,
the Publisher accepts no liability in respect of any loss or damage arising
through delay or failure in forwarding such replies. The Buyer authorises
the Publisher to open and return to its origin any such reply if it seems
fit to the Publisher to do so. A box number is allocated for a single
insertion of an Advertisement, and the charge includes holding the box
number open for 21 days after the insertion of the Advertisement and
the handling and posting to the Advertiser of all replies received. Airmail
handling rates will be agreed prior to insertion where applicable.
3.5 Unless otherwise stated, the minimum size accepted for Display or
Financial Advertisements is 3cms x 1 col. Any such Advertisement of lesser
size than this will be charged as a 3cms x 1 col space at the appropriate
rate.
3.6 The Buyer shall be liable to pay for any Advertisement cancelled
or postponed other than in accordance with the timescales set out in
Clause 4.5, in the Rate Card or online at www.ft.com/techspecs (“Specifications”)
(and the Publisher shall not be bound by such cancellations or postponements).
3.7 The Buyer acknowledges that regional editions of the Newspaper may
be printed and/or distributed outside of the geographical area with which
they are associated and the Publisher does not accept any liability that
may arise to the Buyer or Advertiser as a result of this.
4 ADVERTISEMENTS SUBMITTED FOR INSERTION ON
AN FT SITE (INCLUDING MESSAGE CAMPAIGNS)
The conditions set out in this Clause 4 will apply to the acceptance
of all Advertisements submitted for insertion in an FT Site or Message
Campaign.
4.1 Advertisement copy shall be supplied to the Publisher in accordance
with the relevant Specifications and shall be supplied at least 4 working
days prior to the intended publication date (“Publication Deadline”),
or 5 working days in the case of Rich Media (“Rich Publication
Deadline”).
4.2 The Publisher shall have the option to publish the Advertisement,
when the Advertisement copy is supplied after the Publication Deadline
or Rich Publication Deadline. The Buyer agrees to pay the Publisher in
full for all impressions or space ordered, in the event of non-publication
of any Advertisement, due to failure to supply the Specifications before
the Publication Deadline and Rich Publication Deadline.
4.3 With respect to the monitoring and counting of page impressions,
the Buyer agrees to rely on the Publisher’s advertising management
system which records and reports on the number of impressions served
and unless the Buyer can prove that such a report contains a manifest
error, the Buyer shall accept the results.
4.4 Buyer agrees that automated page impressions may be included in the total
number of page impressions purchased. Automated page impressions
constitute approximately one third of the total number of page impressions
on an FT Site. Automated page impressions as a percentage of total
campaign page impressions for a specific campaign may be greater or less
than the average percentage referred to. This data is accurate as at 1 May
2007, data is regularly updated at www.abce.org.uk.
4.5 The Publisher shall not be bound by notices of stop orders, cancellation
or transfers of Advertisements received:
4.5.1 in the case of sponsorship of microsites, surveys, Message Campaigns
and other sponsorship or featured Advertiser positions, less than 28
days prior to Start Date;
4.5.2 in the case of all Advertisements or sponsorship on wireless versions
of FT Sites, less than 28 days prior to the Start Date;
4.5.3 in the case of pop-ups and country-specific or other targeted Run
of Site Advertisements, less than 14 days prior to the Start Date; or
4.5.4 in the case of Run of World or non-targeted Run of Site Advertisements,
and in the case of Job Advertisements, less than 4 working days prior
to the Start Date.
4.6 For a Message Campaign, the terms set out in this sub-Clause 4.6
shall apply:
4.6.1 The Publisher will not make available to the Buyer or any third
party any data relating to recipients or intended recipients of the Message
Campaign (including, without limitation, the Publisher’s database
of users or any part thereof).
4.6.2 The Publisher makes no representation as to the accuracy or completeness
of its database of users, and will accept no liability arising from any
inaccuracy or incompleteness thereof.
4.6.3 The Buyer agrees that the charge made for a Message Campaign shall
be based on the number of Advertisements sent, and not the number of
Advertisements received, and acknowledges that the Publisher cannot provide
any guarantees as to the number of Advertisements that will be received.
4.6.4 Advertisements for use in a Message Campaign will be subject to
additional restrictions as to size, format and content.
4.6.5 No reference to the Publisher shall be made in the Advertisement
without the Publisher’s prior written consent to the specific form
and wording of such reference.
4.6.6 The Publisher will not intentionally send Advertisements to users
of an FT Site who have informed the Publisher that they do not wish to
receive such Advertisements.
5 LIABILITY
5.1 The Buyer contracts with the Publisher as a principal and warrants
it has the authority to do so.
5.2 Subject to sub-Clause 5.3, if the Buyer is an Agent representing
an Advertiser, the Agent and Advertiser shall each be a party to these
Terms and Conditions and shall be jointly and severally liable to the
Publisher. The Agent shall be solely responsible for making the Advertiser
aware of these Terms and Conditions or any subsequent amendments that
may be made by the Publisher.
5.3 If the Buyer is an NPA Recognised Agent sub-Clause 5.2 above does
not apply in respect of any Advertisement submitted for publication in
the Newspaper. For the purposes of this sub-Clause 5.3, if the Buyer
is an NPA Recognised Agent and breaches these Terms and Conditions, only
the Buyer (and not, if a separate entity, the Advertiser) shall be liable
to the Publisher in respect of Advertisements submitted for publication
in the Newspaper.
5.4 The Buyer warrants and represents that Advertisements submitted for
publication (and, in the case of Advertisements submitted for publication
on an FT Site, any website to which such an Advertisement links) shall
comply with all applicable laws, regulations, codes of practice or similar
in countries where the FT Publication is available. Without limiting
the generality of the foregoing, the Buyer also warrants and represents
that:
5.4.1 Advertisements submitted for insertion shall not contain any libellous,
fraudulent, misleading or false statement, and shall not give cause,
directly or indirectly, for any action to be brought against the Publisher
for libel, fraud or publication of a false or misleading statement;
5.4.2 Advertisements submitted for insertion shall not infringe the copyright
or other rights (including, but not limited to, moral rights, intellectual
property rights, trade mark rights and rights of privacy) of any third
party or unfairly prejudice the legitimate interest of any third party
by implication or otherwise;
5.4.3 all necessary authority and permission has been secured in respect
of the use in the Advertisement of pictorial representations of (or purporting
to be of) living persons, and of references to the words attributed to
living persons;
5.4.4 Advertisements submitted for insertion shall comply with the requirements
from time to time of United Kingdom financial services legislation both
as to content and authorisation, and that such Advertisements shall not
give cause, directly or indirectly, for any action to be brought against
the Publisher under the provisions of such legislation;
5.4.5 Advertisements submitted for insertion shall comply with all applicable
state and federal laws and regulations of the United States America relating
to the offer or sale of securities or pertaining to online gambling and
gaming, and shall not give cause, directly or indirectly, for an action
to be brought against the Publisher under the provisions of such laws;
5.4.6 Advertisements submitted for insertion shall comply with the British
Code of Advertising Practice and all other codes under the general supervision
of the Advertising Standards Authority (“ASA”) or any successor
body;
5.4.7 Advertisements submitted for insertion shall not indicate an intention
to discriminate on grounds of sex, race, religion or belief, disability,
ethnic origin, age or sexual orientation (unless such an Advertisement
is exempted from any statutory requirements relating to such forms of
discrimination and the Buyer notifies the Publisher of the applicability
of such an exemption at the time when the Advertisement is booked); and
5.4.8 Advertisements submitted for insertion in an FT Site shall not
be designed or likely to cause disruption to any computer, computer system
or network.
5.5 The Buyer will indemnify and keep indemnified the Publisher, its
directors, agents and employees, fully and effectually against any and
all costs, claims, damages, loss or other liability which it may incur
as a result of any breach of the warranties and representations set out
in these Terms and Conditions.
5.6 In each case to the full extent permitted by law: (a) the Publisher’s
total liability to the Buyer in respect of any breach of the Publisher’s
obligations under these Terms and Conditions shall be solely for direct
losses incurred by the Buyer; (b) any liability on the part of the Publisher
for any indirect, special, incidental or consequential loss or damage
or for any loss of profits, loss of business or loss of revenues is hereby
expressly excluded and (c) any liability on the part of the Publisher
shall be limited in total to the price paid by the Buyer to the Publisher
for the insertion of the Advertisement which causes the liability to
arise. Nothing in the foregoing shall be construed as excluding or limiting
the Publisher’s liability for death or personal injury caused by
its negligence.
5.7 The Buyer shall be required to notify the Publisher within 30 days
of the date the Advertisement is published if there are any complaints
about the published Advertisement. If the Buyer fails to notify the Publisher
within this period of time, the Buyer agrees that the Publisher cannot
consider any complaint and will not be liable for any compensation or
similar claims. This does not affect the Buyer’s statutory rights.
6 PAYMENT
6.1 Advertising rates are specified in the Rate Card. Rates are quoted
exclusive of Value Added Tax and any other applicable sales taxes.
Any Value Added Tax due on an Advertisement will be separately shown
on the invoice.
6.2 The prices quoted for Advertisements do not guarantee the Buyer that
the Advertisement booked will be a specific size. Advertisements will
however cover a fixed proportion (based on the size booked) of the printed
area of the page. The Publisher shall not be liable for any claims for
refunds or compensation on the basis that a printed Advertisement is
not the same size as quoted when booking. Please see the Rate Card or
the Specifications for more details.
6.3 For Advertisements submitted for insertion in an FT Site, rates apply
per thousand impressions served and are dependent on volume ordered and
site position, except in the case of Job Advertisements or unless otherwise
specified by the Publisher.
6.4 In the case of Job Advertisements submitted for insertion in an FT
Site, charges will vary according to the terms of the individual agreement.
The Publisher may agree to charge the Buyer according to:
6.4.1 the number of ‘job slots’ the Buyer agrees to occupy
with individual Job Advertisements over a specified period of time; or
6.4.2 the number of individual Job Advertisements the Buyer agrees to
order over a specified period of time.
Where a Buyer is charged according to sub-Clause 6.4.1 above, the Publisher
will make no adjustment to the charge in respect of ‘job slots’ not
occupied within the specified period of time. Where a Buyer is charged
according to sub-Clause 6.4.2 above, and where the Buyer orders fewer
Job Advertisements than is agreed within the specified period of time,
the charge will be adjusted upwards accordingly.
6.5 Gross rates for Advertisements submitted for insertion in the Newspaper
(except classified lineage and semi-display Advertisements) are subject
to a 0.1% Advertising Standards Board of Finance (“ASBOF”)
surcharge for all advertisements booked within the United Kingdom. This
surcharge finances the self-regulatory system administered by the ASA.
6.6 Payment in respect of Advertisements submitted for insertion in an
FT Publication is due, in the absence of any other specific arrangement
between the Publisher and the Buyer, 8 working days in advance of publication
or Start Date (as applicable).
6.7 Where the Publisher, within its discretion, agrees to allow credit
to the Buyer in respect of Advertisements inserted in the Newspaper,
the due time for payment shall be no later than 10.00 am:
6.7.1 if the Buyer is an NPA Recognised Agent, on the last working day
of the month following that in which the Advertisement appeared; or
6.7.2 in any other case, on the 25th day following the date on which
the Advertisement appeared (or, if such 25th day is not a working day,
the working day immediately prior to such 25th day). Full details of
each remittance are to be supplied to the Publisher by the due time.
6.8 Where the Publisher, within its discretion, agrees to allow credit
to the Buyer, payment in respect of Advertisements inserted on an FT
Site is due within 30 days of the date shown on the invoice. Except in
the case of Job Advertisements, the Publisher may invoice the Buyer in
respect of such Advertisements on or at any time after the Start Date.
In the case of Job Advertisements (where the Buyer is required to book
a minimum number of Advertisements over a defined period), the Publisher
will invoice the Buyer for the minimum amount of Advertisements booked
on or at any time after the date on which the first such Advertisement
is published, and will invoice the Buyer for any further amounts due
on, or at any time after, publication of the last such Advertisement.
6.9 Payment shall mean the receipt by the Publisher at its principal
place of business (or elsewhere as it may direct) of cash or the crediting
to the Publisher’s bank account of a cheque or money transferred
electronically or through the clearing bank’s BACS system.
6.10 The Publisher may require the Buyer to furnish a bank guarantee
or other collateral security or to enter into an escrow arrangement,
as a condition of any order for the insertion of an Advertisement.
6.11 Except in the case of Financial Listings, a commission of 15% on
the gross invoiced amounts is allowed to NPA Recognised Agencies. In
the case of Financial Listings, a commission of 10% is allowed to such
agencies. Where the Buyer is not an NPA Recognised Agent, no commission
is allowed unless otherwise agreed by the Publisher.
6.12 The Publisher shall not provide a refund when an annual contract
relating to an entry in the Financial Times Share Information Service,
a Unit Trust, Offshore Fund or Insurance Bond quotation, or any other
listing for which a charge is made is cancelled. Where payment is not
received in accordance with this Clause 6, the Publisher reserves the
right to remove the listing from any or all FT Publication(s) without
prior warning to the Buyer.
7 MISCELLANEOUS
7.1 The Buyer acknowledges that FT Sites are accessible worldwide.
The Publisher makes no representation that any publication of any Advertisement
will be confined to persons resident in any particular legal jurisdiction(s).
7.2 The Buyer acknowledges that in order to publish an Advertisement
on a particular date, the Publisher will be obliged to supply to external
parties copies of and/or information relating to the Advertisement prior
to the agreed date of publication. The parties agree that any such action
by the Publisher shall not constitute breach of any embargo (or similar)
placed on the Advertisement.
7.3 The Buyer may not assign or transfer any of its rights under these
Terms and Conditions to any third party.
7.4 These Terms and Conditions shall constitute the entire agreement
between the parties with regard to its subject matter and shall supersede
all prior understandings, commitments and undertakings that either party
may have given.
7.5 Except as expressly provided in these Terms and Conditions, no provision
of these Terms and Conditions shall confer any right on any third party.
To the fullest extent permitted by applicable law, the parties hereby
exclude any such right (including any such right arising under statute).
7.6 With exception of the Buyer’s payment obligations, neither
the Publisher nor the Buyer shall be liable to each other for any liability
or damage, consequential or otherwise, caused by or arising out of any
strike by employees, lock-up, trade dispute, enemy action, act of terrorism,
rioting, civil commotion, fire, Act of God or other similar contingency
beyond the control of either of them.
7.7 If any provision of these Terms and Conditions shall be invalid or
unenforceable, it shall not affect any other provision, which shall remain
in full force and effect.
7.8 The Publisher shall have the right to modify these Terms and Conditions
and the Rate Card, and may publish a new Rate Card containing new terms
or otherwise notify the Buyer of changes to these Terms and Conditions
or to the Rate Card. Such changes will apply to any order or request
for the insertion of an Advertisement subsequently placed by the Buyer.
7.9 At the time of publication of the Rate Card, the registered offices
of The Financial Times Limited (registered no. 227590) and FT Personal
Finance Limited (registered no. 3855520) are at Number One Southwark
Bridge, London SE1 9HL.
7.10 These Terms and Conditions are governed by English Law. The parties
agree that the English courts shall (subject to the following sentence)
have exclusive jurisdiction to settle any dispute which may arise out
of these Terms and Conditions and submit all disputes to the jurisdiction
of those courts. However, for the exclusive benefit of the Publisher,
the Publisher shall retain the right to bring proceedings in the courts
of the country (or state) of the Buyer’s place of business.
© The Financial Times Limited 2007
CANCELLATIONS
Cancellation deadlines for the FT Newspaper
(B/W and Color)
20 working days notice for all special positions, all color advertisements.
10 working days notice for all B/W advertisements of a quarter page (277
mm x 4 cols or equivalent) and above, except multi-page advertisements
and reports.
28 working days notice for multi-page advertisements and reports. (Orders
for advertisements in reports are accepted on the understanding that
the Financial Times may publish at any time within 5 weeks of the proposed
reports date.)
6 working days notice for early printed sections excluding reports and
multi-page advertisements.
4 working days notice for all other B/W advertisements.
All cancellations must be in writing.
Cancellation deadlines for How To Spend It
2 months prior to copy deadline. Cover sites, contracts and double page
spreads, 4 months.
Advertorials are non-cancelable.
Cancellation deadlines for FT Magazine
4 weeks prior to copy deadline. Cover sites, contracts and double page
spreads, 6 weeks.
Advertorials are non-cancelable.


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