These conditions apply to all advertisements, insertion orders, drafts and mock-ups submitted to The Economist for publication. All words which first appear in these conditions in quotation marks and bold type will have the meaning given them when they first appear in that form.
1. These terms and conditions (the “Conditions”) apply to all Advertisements, insertion orders, drafts and mock-ups submitted to The Economist Newspaper Limited (“The Economist online”) for publication on The Economist's website at http://www.economist.com or its related direct e-mail subscription service or other related electronic services (“the Website”). An Advertisement shall include all advertisements, ad banners, text advertising messages or other material submitted to The Economist online for publication on the Website.
3. The placing with The Economist online of a booking for the insertion of an advertisement (“Advertisement”) in the Website will amount to acceptance of these Conditions by the party placing the booking (“Buyer”). Any other conditions stipulated by the Buyer shall be void to the extent they are inconsistent with the Conditions. In these Conditions the “Advertiser” means the legal person either advertising the products or services promoted in the Advertisement or making the announcement contained in it.
5. The Buyer contracts with The Economist online as principal. If the Buyer is acting as the advertising agency or media buyer for the Advertiser or in some other representative capacity, the Buyer warrants that it is authorised by the Advertiser to place the Advertisement with The Economist online and will indemnify The Economist online against any claim made by the Advertiser against The Economist online arising from its publication.
7. The submission of an insertion order for an advertisement is an offer to contract not merely a reservation of space and can be rejected at any time by The Economist online up to the time of actual publication on the Website. The Economist online accepts an Advertisement for publication only by publishing the Advertisement on the Website and in no other manner. Prior to publication, no Advertisement has been accepted for publication and all Advertisements are subject to rejection at any time. An insertion order that has been submitted to The Economist online can only be withdrawn, cancelled or changed if at least 30 days’ prior written notice is given to The Economist online.
9. Except for classified advertisements placed through the automated online service, all payments for an advertisement are due in advance until credit approval by The Economist online has been established and thereafter invoices are payable within thirty days of the date of invoice. If payments are not made in a timely manner, The Economist online may terminate this agreement immediately and withdraw the advertisement from the Website. A 1.5% per month handling charge will be applied to all delinquent accounts outstanding after 30 days and any legal costs incurred in the collection of payment will be borne by the Buyer. With respect to classified advertisements placed through the automated online service, the Buyer’s credit card will be charged upon submission of the advertisement and subject to Section 14 below, a refund shall be credited in the event the advertisement is rejected.
The Buyer must pay for the advertisement irrespective of whether the Buyer has been paid by the Advertiser in respect thereof.
1. The Economist online reserves the right to require that a pre-payment, bank guarantee, or other collateral security is furnished as a condition of accepting any booking.
3. It is the responsibility of the Buyer to ensure that every Advertisement conforms to all advertising standards, applicable laws and other regulations and does not contravene any third party’s rights. Publication of the Advertisement on the Website does not constitute acceptance by The Economist online that the Advertisement does so conform and The Economist online has a continuing right to require the Buyer to change or modify the Advertisement to the extent it deems necessary to conform to such requirements. The Economist online reserves the right to withdraw the Advertisement from publication at any time without liability to any person if it considers in its absolute discretion that the Advertisement or any material to which users can link through the Advertisement fails to conform to the above requirements or is inappropriate for or unsuited to the editorial policies of The Economist online.
5. To the full extent permitted by law, The Economist online will not be liable for any loss or damage, whether direct or indirect, including consequential loss or any loss of profits or similar loss, in contract or tort or otherwise, relating to the Advertisement or this agreement or any error in the Advertisement or any failure of the Advertisement to appear on the Website from any cause whatsoever.
7. The Buyer will be responsible for all charges, costs and expenses relating to the publication of the Advertisement on the Website, including production costs and the cost of any changes or modifications, throughout the whole period The Economist online has agreed to publish the Advertisement on the Website. The Buyer will remain liable for all agreed charges throughout any time during which the Advertisement is withdrawn from publication. Agreed charges are exclusive of any applicable sales tax, value added tax or other tax or duty, which may be imposed by any relevant taxation authority and are payable by the Buyer. The Buyer will be responsible for the insurance of any artwork and other material delivered to The Economist online and The Economist online cannot be responsible for any loss or damage. The Economist online reserves the right to charge the Buyer for all costs and expenses incurred in changing or modifying any Advertisement that does not conform in every respect to the technical specifications for the Website (which can be supplied on request) or which contravenes (in the opinion of The Economist online) any of the requirements set out in these Conditions or is inappropriate for or unsuited to the editorial policies of The Economist online.
9. The Buyer is solely responsible for any liability arising out of publication of the Advertisement or relating to any material to which users can link though the Advertisement.
11. The Buyer warrants that the Advertisement complies with all national and international legal and regulatory requirements and codes of practice (whether voluntary or obligatory), in all jurisdictions in which the Advertisement will appear. Without limiting the generality of the foregoing, the Buyer also warrants that the Advertisement: does not contain any libellous, inaccurate, misleading or false material; does not unfairly prejudice the legitimate interests of any third party or infringe or violate any copyright, trade mark or other personal or proprietary right of any person or render The Economist online liable to any proceedings whatsoever; complies with all applicable content and approval requirements of the Financial Services and Markets Act 2000 in the UK, the Buyer forthwith on The Economist online’s request to provide written confirmation of any required approval; and complies with all applicable state and federal laws of the USA including laws relating to the offer or sale of securities.
13. The Buyer shall indemnify The Economist online fully and hold it harmless against any and all losses, claims, damages, costs (including legal costs) or liabilities which The Economist online may incur as a result of (i) The Economist online’s publication of the Advertisement and (ii) without prejudice to the generality of the foregoing, any breach or alleged breach of any of the warranties set out in Section 11 above.
15. The Buyer may not assign or transfer this agreement, in whole or in part, without The Economist online’s prior written consent. Any attempt to assign this agreement without such consent will be null and void.
17. Should the Advertisement be rejected for some reason prior to publication on the Website, the Buyer will be refunded the full value of the payment made. It is possible that the credit card company may pass on a minor charge due to differing currency rates between the time the charge was made and the time the refund was made. The Buyer agrees to accept this charge.
19. The Buyer shall pay all taxes related to the Advertisement.
21. This agreement will be governed by and construed in accordance with the laws of England and for The Economist online’s benefit the English courts shall have non-exclusive jurisdiction in respect of any dispute arising.
23. This agreement is the complete and exclusive agreement between the parties relating to its subject matter, superseding and replacing all prior agreements, communications, and understandings (both written and oral), provided that all pricing will be governed by The Economist online’s rate card, whether printed on paper or electronically. Terms and conditions on any insertion order or booking form supplied by the Advertiser will not be accepted as part of this agreement. This agreement may only be modified, or any rights under it waived, by a written document signed by both parties.
In view of the global nature of The Economist’s circulation we ask all advertisers to be sensitive to the world’s various cultures.