Advertiser Terms and Conditions
Indonesia Travel Magazine Limited (“ITM”)
Terms and Conditions For Acceptance of Advertisements (“T&Cs”)
1. These T&Cs apply to all advertisements (“Advertisements”) which are accepted for publication by ITM in any publication produced by ITM in any format (whether in printed form, digitally transmitted (including online) or otherwise). Any other proposed terms or conditions offered or relied on by the Advertiser shall be void unless specifically accepted in writing by ITM.
2. In these T&Cs, “Advertiser” means the person or other legal entity placing the order for the Advertisement (“the Order”) whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser and by placing an Order the Advertiser accepts and agrees to be bound by these T&Cs in full.
3. Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorised by the advertiser of the product or service to place the Order with ITM and the Advertiser will compensate and indemnify ITM in full for any claim made by such advertiser against ITM in respect of the publication of such Advertisement.
4. The “Contract” for the publication of the Advertisement will be created on ITM’s acceptance of the Advertiser’s Order. Such acceptance shall be by means of the first to occur of any express form of acceptance (written or verbal) given by an authorised representative of ITM or by publication of the Advertisement or by delivery of an invoice in respect of ITM’s fee for the publication of the Advertisement. The Contract will incorporate these T&Cs.
5. All Orders will be accepted subject to ITM’s approval of the advertising copy and to the space being available in the relevant publication. Such approval does not mean that ITM has satisfied itself that the advertising copy complies with these T&Cs and does not release the Advertiser from its responsibilities under the Contract, including these T&Cs.
6. If ITM considers any Advertisement to be unsuitable or contrary to these T&Cs it may, without any liability to the Advertiser, reject, cancel or require the Advertisement to be amended and may remove, not print, suspend or change the position of such Advertisement. The Advertiser will remain responsible for all fees in respect of the Advertisement.
7. If it is intended to include in an Advertisement a competition or a special offer of merchandise other than that normally associated with the advertised product or service, full details must be submitted at the time of the Order ITM shall have no obligation to ensure the Advertiser fulfils the Advertisement’s promotional or other incentive.
8. The Advertiser warrants to ITM that:-
8.1 all information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
8.2 it has obtained the consent of any living person whose name or image (in whole or in part) is contained in the Advertisement;
8.3 the Advertisement is legal, decent, honest and truthful and is not contrary to the provisions of any applicable law, regulation or code of practice and all other codes under the general supervision of the Advertising Standards Authority and is not libellous or obscene and does not infringe the rights of any person or other entity (including any copyright or other intellectual property rights);
8.4 the Advertisement will not be prejudicial to the image or reputation of ITM or any of its publications; and
8.5 any Advertisement submitted for publication digitally (including online) will be free of any viruses and will not cause any adverse effect on the operation of any website or other digital device.
9. In the case of the digital (including online) publication of an Advertisement by ITM:-
9.1 the Advertiser agrees that the Advertisement will be targeted at individuals in the United Kingdom unless otherwise stipulated by the Advertiser with the Order and accepted by ITM;
9.2 ITM cannot guarantee the number of impressions during any campaign period. If the number of impressions during the campaign period is less than the impressions agreed with the Advertiser when the Order is accepted, ITM will continue to display the Advertisement after the end of the campaign period until the number of agreed impressions is reached;
9.3 in the event of any disagreement regarding the number of impressions served during any campaign period, the Advertiser agrees that the figures provided by ITM will be final and binding;
9.4 ITM cannot guarantee the position, date and/or time of the publication of an Advertisement and such decision will be at the sole discretion of ITM, which will use its reasonable endeavours to comply with the wishes of the Advertiser;
9.5 all copy for an Advertisement must be submitted to ITM no later than five “working days” (not a Saturday, Sunday or public bank holiday in England or Wales) before the Advertisement is due to be published; and
9.6 if advertising copy for a campaign is received less than five working days before an Advertisement is first due to be published, the number of impressions booked will be reduced on a pro rata basis for every 24 hours that the copy for the Advertisement is supplied after this deadline and there will be no reduction in the fee payable.
10. All Advertisements are accepted on the basis that they will be paid for at the applicable rates set out in ITM’s “Rate Cards” published from time to time on its website at www.indonesiatravelmagazine.com or such other rate agreed with the Advertiser. ITM may change its Rate Cards at any time by publishing the modified rates on its said website. Any changes to the rates will take effect immediately but will not apply to any Order which ITM has accepted for publication prior to the date of such change.
11. All rates for Advertisements are inclusive of VAT. ITM’s payment terms are 30 days from the invoice date unless otherwise agreed. ITM may charge interest on late payment of any invoice at the rate stipulated from time to time under the Late Payment of Commercial Debts (Interest) Act 1998.
12. All rates for qualifying Advertisements are subject to the Advertising Standards Board of Finance levy in force from time to time, payable by advertisers to help finance the self-regulatory system administered by the Advertising Standards Authority. Where Orders for such Advertisements are placed by an advertising agency or media buyer for the advertiser, the advertising agency or media buyer will be responsible for collecting the levy and paying it to Advertising Standards Board of Finance.
13. ITM may suspend or delay publication of any Advertisement for any Advertiser who has not paid any sum due to ITM under the Contract or under any other course of business between ITM and the Advertiser.
14. ITM will use its reasonable endeavours to re-produce Advertisements as provided by the Advertiser but cannot guarantee the Advertisement will be of the same quality.
15. ITM will not be responsible for any loss or damage to any copy or other materials supplied by the Advertiser and in placing the order for the Advertisement the Advertiser warrants that it has retained sufficient quantity and quality of all such copy and materials for use in any other circumstances. ITM reserves the right to destroy all copy and other material supplied by Advertisers which has been in its custody for three months from the date of ITM’s acceptance of the order for the Advertisement.
16. ITM will not be responsible for any withdrawal, delays in publication, additions to, changes in or deletions from any Advertisement required by the Advertising Standards Authority or any other authority having responsibility for regulation of the publication of the Advertisement.
17. If ITM has accepted an Order and the Advertisement is not published at all solely due to ITM’s mistake, ITM will try to offer an alternative publication date. If the alternative publication date is not accepted by the Advertiser, the original Order will be cancelled and the Advertiser will be entitled to a full refund if the Advertiser has paid in advance for the Advertisement. This will be the Advertiser’s sole remedy for failure to publish the Advertisement.
18. If the Advertisement as published by ITM contains a substantial error solely due to ITM’s mistake, ITM will, on request from the Advertiser, re-publish the Advertisement at no additional cost to the Advertiser. This will be the Advertiser’s sole remedy for the original error. ITM shall not be responsible for repetition of errors and it will be the Advertiser’s responsibility to inform ITM of any errors and provide any necessary assistance to ITM to prevent a repeat of any error.
19. ITM does not guarantee continuous, uninterrupted access by users of any digital medium (including online) upon which the Advertisement is published. In addition, ITM will not be responsible for any failure or delay affecting the production or publication of any Advertisement in any medium where such failure or delay is the result of any act, omission, interruption, fault or other circumstance beyond the reasonable control of ITM.
20. Nothing in these T&Cs affects the statutory rights of an Advertiser who is a consumer and nothing in these T&Cs limits or excludes ITM’s responsibility for death or personal injury resulting from ITM’s negligence, fraud or any other liability that cannot be excluded.
21. ITM shall only be responsible for the direct and proven losses suffered or incurred by the Advertiser arising out of any liability of ITM to the Advertiser, whether as the result of a breach of Contract, breach of duty or otherwise and in any event the total liability of ITM for such direct losses shall not exceed the total amount of the fee for the relevant Advertisement actually paid by the Advertiser.
22. ITM shall not be responsible for any loss of revenue, loss of profit, loss of anticipated savings, loss of opportunity, loss of goodwill and/or any other loss which happens as a consequence of any direct and proven losses suffered by the Advertiser or for any other loss which could not be contemplated by ITM.
23. The Advertiser will fully reimburse ITM for all claims, losses and/or expenses arising out of any breach or failure by the Advertiser to perform the Contract and/or the use or publication of the Advertisement by ITM in accordance with these T&Cs.
24. ITM owns the intellectual property rights (including copyright) in all Advertisements written or designed by it or on its behalf.
25. The Advertiser grants ITM the right, free of charge, at all times to:-
25.1 use such of the Advertiser’s names, trademarks and/or logos as ITM may consider necessary for the purpose of publishing the Advertisement; and
25.2 reproduce the Advertisement in any media at any time from the date the Advertisement was last published and the content, layout and format of any such reproduction of the Advertisement will be subject to variation at ITM’s sole discretion.
26. If the Advertiser is in material breach of the Contract (and, in the case of a breach capable of remedy, fails to correct the breach within a reasonable period stipulated by ITM) or, in the reasonable opinion of ITM, is insolvent ITM may, upon giving written notice to the Advertiser cancel the Contract. Such cancellation shall not relieve the Advertiser from the responsibility to pay the fee for the Advertisement and no repayment of the fee will be made if the fee has already been paid.
27. The Contract shall be personal to the Advertiser who may not assign or otherwise transfer, or sub-contract, its rights and obligations.
28. Any person who is not a party to the Contract will have no right to rely upon or enforce any term of the Contract.
29. If ITM fails or delays in exercising its rights or remedies under the Contract, it shall not be deemed to have waived that or any other right or remedy under the Contract.