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Competition Terms and Conditions
The following definitions will need to be added to our precedent agreements.
“Client” means a person, company, partnership or legal entity that enters into a contract with HMC for the provision services subject to these terms and conditions;
“Client Personal Data” means all information and data (including texts, documents, drawings, diagrams, images or sounds) owned by, licensed to (other than by the Supplier) or relating to the Client and/or any of its customers, which is in each case generated by, supplied to, or is otherwise retained by, HMC pursuant to or in connection with the this agreement;
“Data Protection Legislation” means all applicable law, from time to time, relating to the processing of personal data and privacy including (where applicable) the GDPR;
“GDPR” means the General Data Protection Regulation (EU) 2016/679 of the European Parliament.
“HMC” means Hurst Media Company Limited details contained below.
“Advertiser” means any person firm or company who enters into an agreement with HMC.
1) Payment terms are 50% of the total amount of the total contract price agreed, 7 days from booking which shall constitute a non-refundable part payment of the contract price and the balance of the contract price shall be payable unless other payment terms are agreed in writing in respect of: a) printed publications 7 days from publication of the advertisement (or first publication in the case of a series booking) or b) digital media 7 days from going live and if the agreement covers both formats on the occurrence of the earliest event.
2) The specification and distribution details are contained in HMC media information specific for the above publication or web listing, a copy of which the Advertiser acknowledges receipt, or confirms has read at: hurstmediacompany.co.uk/magazine-publications/
3) Invoices are strictly net at the price agreed and exclusive of applicable VAT or other direct sales taxes and payable without deduction unless agency commission is agreed in writing as deductible at a specific rate.
4a) The contract shall deemed to have been made at the offices of HMC.
4b) Acceptance of these terms and conditions may be effected by written confirmation (including by email or completed order form) from the Client to HMC. Acceptance of these terms and conditions by email to the Client will constitute a legally binding agreement between the Client and HMC.
4c) By accepting these terms and conditions the Client acknowledges that this is a business to business contract and therefore is not subject to any statutory cooling off provisions or rights of cancellation. All confirmed orders are final and the Client has no rights of cancellation upon written (including by email or completed order form) confirmation of an order for services from HMC.
5a) The Advertiser is solely responsible to submit to HMC suitable advertisement/advertorial copy in electronic format (in accordance with HMC’s specifications) by the specified date All advertisements/advertorials are accepted at HMC’s discretion as to suitability.
5b) Where the Advertiser requires HMC to create any advertisement /advertorial or other content on its behalf, Advertiser agrees to pay to HMC a production charge of 25% of the value of the contract price, or a minimum charge of £600. The service provided is outlined in HMCs Rate Pack that is available at: hurstmediacompany.co.uk/magazine-publications/
5c) HMC reserves the right to make grammatical changes and minor corrections to conform to HMCs house style.
6) Any unpaid amounts due to HMC will carry interest at the rate of 2% per month or part thereof, from due date until payment received by HMC, before as well as after judgement. HMC invoice for interest charges shall be final and binding upon the Advertiser.
7) All reasonable efforts will be made by HMC to fulfil its obligations, but should HMC be prevented or delayed in carrying out any of their obligations by reason of an Act of God, war, lock-out, fire, flood, delays in transit, strikes, riots, postal delay or any other unexpected or exceptional causes or circumstances beyond their control the time for delivery shall be extended until a reasonable time after the event preventing or interfering with the due performance of HMCs obligations has ceased, and in no circumstances is HMC to be liable for any consequential loss or damage suffered by the Advertiser as a result thereof.
8) The terms of the contract as stated in HMCs official Order constitute the entire contract between the Advertiser and HMC. Any variations to the contract terms are only valid if signed by a director of HMC.
9) HMC will take reasonable care of any material supplied by the Advertiser whilst in HMC’s custody. HMC shall not be responsible for loss or damage of material in transit or whilst with any third party.
10) In the event that the Advertiser is in default of its obligations under paragraph 5 (or gives notice that it does not intend to fulfil such obligations prior to the date for submission of advertising copy) the Advertiser agrees to pay HMC as liquidated damages the lesser of:
a) 75% of HMC’s rate card price for the advertisement (or aggregate price in the case of a series of advertisements) prevailing at the date of this order or
b) the contract price as agreed between HMC and Advertiser credit being given for any payments made by the Advertiser in respect of this order prior to the default or notice.
11) In the event of any conflict between these standard terms and conditions and HMCs Official Order form, the order shall prevail.
12) HMC reserves right to vary date of publication or advertising going live on the website by not more than +/-21 days and will notify Advertiser if there is a change to the scheduled date.
13) All disputes or complaints must be made in writing as soon as the Advertiser is aware and in any event within 28 days of publication.
14) DATA PROTECTION
For the purposes of this clause 14, “data controller”, “data processor”, “data subject”, “personal data”, “processing”, and “appropriate technical and organisational measures” have the meanings ascribed to them in Data Protection Legislation.
Data controller and Data Processor
(i) Both parties will comply with their obligations under the Data Protection Legislation, in the case of Client, as data controller and, in the case of HMC, as data processor. In particular, HMC undertakes to:
a) abide by, and procure that its employees, representatives, subcontractors and agents abide by, the Data Protection Legislation; and
b) provide reasonable assistance to Client in complying with their respective obligations under Data Protection Legislation in relation to the performance of any services provided by HMC to the Client.
(ii) Without limiting the foregoing, HMC shall:
a) act only in accordance with Client’s (or the relevant Client Affiliate’s) written instructions with regard to the processing of Client Personal Data. If HMC is required to process Client Personal Data for any other purpose by applicable law, HMC shall inform Client of this legal requirement, to the extent permitted to do so by the applicable law;
b) maintain written records of data processing activities to include all categories of personal data processing activities carried out on behalf of the Client containing the information prescribed in relation to data processors GDPR, provided that this obligation shall only apply with effect from the date that the GDPR is entered into force (and provided that Client shall provide HMC with all relevant information about the personal data that it requires HMC to process data pursuant to services provided to its clients and to enable HMC to maintain such records;
c) not transfer such Client Personal Data and information to a country or territory outside the European Economic Area (the “EEA”) without Client’s (or the relevant Client Affiliate’s) express written consent;
d) ensure appropriate technical and organisational measures are in place to safeguard against any unauthorised or unlawful processing and against accidental, alteration, or disclosure of Client Personal Data
e) immediately notify Client in the event that it receives a request or notice from a data subject exercising his/her rights under the Data Protection Legislation for Client to resolve and to assist the Client promptly with all requests and notices which may be received from data subjects. This includes, upon the applicable Client entity’s written request and to the extent permitted by the Data Protection Legislation, where the applicable Client entity cannot itself access such data, promptly providing at no charge such entity with such copies of any Client Personal Data in the possession or control of HMC which are requested by that Client entity (in the format and medium reasonably required by that entity);
f) shall promptly carry out any request from a Client requiring HMC to amend, transfer, lock or delete any of Client Personal Data in the possession or control of HMC;
g) on the expiry or termination of the services, immediately cease to use Client Personal Data and shall arrange for its safe return or destruction as notified by Client in writing at the relevant time;
h) promptly notify Client upon receiving any notice or communication from any data protection supervisory or government body, including the Office of the Information Commissioner, which relates directly or indirectly to the processing of the personal data, for Client to resolve; and
if any Client Personal Data in the possession or control of HMC becomes lost, corrupted, destroyed, altered or rendered unusable for any reason, immediately (but, in any event, thirty six (36) hours of becoming aware) notify Client of any and all circumstances having led to such incident, as Client or any data protection supervisory or government body, including the Information Commissioner’s Office, may reasonably require to comply with its security breach obligations under the Data Protection Legislation.
(iii) The Client acknowledges that it may from time to time require HMC to collect personal data for marketing purposes (“Marketing Data”). The Client shall only use the Marketing Data in accordance with any informed consent and/or marketing preferences provided by the applicable data subject.
(iv) The Client shall indemnify and hold harmless HMC against any costs (including legal costs), expenses, fines, penalties (including fines and penalties from a regulator) and losses arising from directly or indirectly from any breach of clause 14.
(v) Without limiting the foregoing, the Client shall;
a) comply with Data Protection Legislation and ensure that any instructions it issues to HMC, including the transfer itself, shall comply with Data Protection Legislation; and
b) have sole responsibility for the accuracy, quality, and legality of Personal Data, and the means by which the Client acquired Personal Data and shall establish the legal basis for Processing under Data Protection Legislation.
(vi) Client warrants that;
a) the disclosure of Personal Data to HMC is limited to what is necessary in order for HMC to perform services it is contractually obligated to provide to the Client;
b) such Personal Data is accurate and up-to-date at the time that it is provided to HMC;
c) it shall provide advance written notice to HMC of its intention to transfer Personal Data to HMC for use in the provision of services.
(vii) Client shall;
a) collect Personal Data in a manner compliant with Data Protection Legislation, including by providing all notices and obtaining all consents as may be requested under Data Protection Legislation in order for HMC to lawfully and fairly process Personal Data in connection with/arising out of the provision of the provision of services; and
b) ensure compliance with appropriate technical and organisational;
c) notify HMC upon becoming aware that Personal Data has become inaccurate or out of date.
15)This agreement shall be subject to the laws of England and Wales. The Advertiser submits to the non-exclusive jurisdiction of the English Courts.
Hurst Media Company LTD, United House, North Road, London N7 9DP Registered Office: United House, North Road, London N7 9DP UK Reg No: 08375910 VAT No: 161866882