Effective Date:12th April 2023

Hurst Media Company Limited – Standard Terms and Conditions

Definitions

“Client” means a person, company, partnership or legal entity that enters into a contract with HMC for the provision of 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 HMC) 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 this agreement;

“Data Protection Legislation” means all applicable law, from time to time, relating to the processing of personal data and privacy including (to the extent applicable) the UK GDPR and the EU GDPR;

“EU GDPR” means the General Data Protection Regulation (EU) 2016/679 of the European Parliament.

“HMC” means Hurst Media Company Limited details contained below.

“Press Deadline” means the date HMC provides files to the media owner for publication.

“UK GDPR” has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.

1) Payment terms are offered based on the credit score of any client as per our credit check supplier (CreditSafe). All non-UK customers are required to pay in full in advance of publication. Subject to credit being granted, HMC’s standard terms are 50% of the total amount of the contract price agreed is due at the time of booking and the balance due within seven (7) days after publication. This first 50% shall constitute a non-refundable part payment of the contract price. The balance of the contract price shall be payable seven (7) days after publication of the advertisement (or first publication in the case of a series booking). If the agreement covers both print and digital formats, the balance is due seven (7) days from 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 Client acknowledges receipt, or confirms it has read at: https://www.hurstmediacompany.co.uk/products/

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 be 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 and that the only rights of cancellation are those governed in these terms and conditions (see clause 22). 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.

5) The Client is solely responsible to submit to HMC suitable advertisement/advertorial copy in electronic format (in accordance with HMC’s specifications) by the specified date. The Client warrants and represents that the advertisement (a) does not contravene the Trade Descriptions Act 1968 nor any other law, statute or regulations in England and/or in any other country where the advertisement might appear as a result of its publication by HMC (b) is not in any way defamatory or illegal or an infringement of the rights of any third party (c) complies in all respects with the British Code of Advertising Practice and any other relevant advertising standards prevailing (in England and/or in any other country where the advertisement might appear as a result of its publication by HMC) at the time the advertisement is published. The Client will also indemnify HMC, its suppliers and distributors against any damage they may sustain in consequence of publication of an advertisement, (such as copyright claims by a third party).

6) All advertisements/advertorials are accepted at HMC’s discretion as to suitability. If HMC exercises its rights under this paragraph at any time, HMC shall not be liable for costs, claims, liabilities or damages of any kind as a consequence of so doing.

7) Any design, production or marketing services agreed as part of the booking are bound by the terms and conditions of Hurst Media Labs Limited Marketing Terms & Conditions which are available by clicking here.

8) HMC reserves the right to make grammatical changes and minor corrections to conform to HMC’s house style. In addition, HMC reserves the right to ensure all commercial content is compliant with the Advertising Standards Authority’s UK Code of non-broadcast advertisements, sales promotions and direct marketing communications (CAP) by making copy changes which in HMC’s reasonable opinion are necessary to ensure advertising messages are compliant both with the letter and spirit of the code. HMC reserves the right to request source material from the Client to support any claim and also to remove claims which in its reasonable option are not supported by peer-reviewed research.

9) In the event that HMC’s stated payment terms are not met, the entitlement of the Client to any discounts applied to the Client’s original booking(s) is forfeited, and the price for the advertisement insertions will default to that published on the current ratecard at the time of booking. In the event of late payment (i.e. payment outside of HMC’s agreed payment terms), HMC reserves the right to claim for payment in full from the Client as per the current published ratecard and reserves the right to charge statutory interest on that amount. Statutory interest is calculated at the rate of 8% per annum above the Bank Of England’s base rate, and is calculated daily. If HMC exercises its right to charge statutory interest, it is calculated from the day after due date until payment is received by HMC, and before as well as after judgement if applicable. HMC’s invoice for interest charges shall be final and binding upon the Client.

10) 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 HMC’s obligations has ceased, and in no circumstances is HMC to be liable for any consequential loss or damage suffered by the Client as a result thereof. For clarity, HMC will not be liable for any loss occasioned by the failure of an advertisement to appear from any cause whatsoever.

11) The terms of the contract as stated in HMC’s order confirmation constitute the entire contract between the Client and HMC. Any variations to the contract terms are only valid if signed by a director of HMC.

12) Every effort will be made to meet the expressed wish of a Client regarding specified positions, but no guarantee can be given unless a supplementary positioning charge has been agreed.

13) While HMC will take reasonable care of any material supplied by the Client whilst in HMC’s custody, HMC shall not be liable for loss or damage of material in transit or whilst with any third party.

14) In the event that the Client 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 Client agrees to pay HMC as liquidated damages the lesser of:

a) 100% 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 the Client credit being given for any payments made by the Client in respect of this order prior to the default or notice.

15) In the event that the Client enters into liquidation (whether compulsory or voluntary); company administration; or is placed into receivership; or comes to any arrangement with its creditors, whether formal or informal; or becomes unable to pay its liabilities as and when they fall due; or is presented with a valid winding-up petition by the court; or is subject to a successful winding-up petition by the court, those in control of the Client at the time (i.e. directors/partners/owners for, respectively, a limited company/partnership/sole trader), warrant that all outstanding debts will be paid to HMC, and undertake to fulfil the payment liability personally, on a joint and several basis.

16) In the event of any conflict between these standard terms and conditions and HMC’s order confirmation, the order shall prevail.

17) HMC reserves the right to vary date of publication or advertising going live on the website by not more than +/-21 days and will notify the Client if there is a change to the scheduled date as soon as is reasonably practicable. In any event, time shall not be of the essence as regards the publication date.

18) HMC does not accept liability for printing errors, including variations in the quality of colour reproduction, and such variations shall not be deemed cause for the Client withholding payment.

19) HMC reserves the right to charge the single insertion rate for each advertisement published in the event of the Client failing to complete a series booking.

20) All disputes or complaints must be made in writing to HMC as soon as the Client is aware and in any event within 28 days of publication.

21) In no event shall the liability of HMC for any breach of contract or in tort exceed the price paid or payable by the Client for the advertisement.

22) The Client may cancel a booking by agreeing to pay a severance fee. The level of this fee is a percentage of the booking value, and varies depending on how close the cancellation is to the Press Deadline.

(i) If the Press Deadline is more than 30 days in the future the fee is 33% + VAT of the booking value. (ii) If the Press Deadline is more than 7 days in the future but fewer than 30 days away the fee is 66% + VAT of the booking value.

(iii) If the Press Deadline is within 7 days the fee is 100% + VAT of the booking value.

(iv) A separate cancellation invoice on 7-day terms will be raised by the accounts department, and the original invoice credited in full once payment is received.

(v) In the event the cancellation invoice is not paid within terms, it will be cancelled and the full amount of the original contract will stand.

(vi) For the avoidance of doubt, for any digital campaigns that are already live, the cancellation fee is 100% of the contract value.

(vii) Cancellations within 72 hours of the Press Deadline will not be accepted and HMC reserves the right at its absolute discretion to source content (e.g. artwork or copy) from the Client’s website and/or other materials at full charge if the Client fails to provide it and run with assumed approval from the Client order to fulfil the booking.

23) DATA PROTECTION

Additional definitions

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 the 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 the 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 the 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 the 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, provided that the 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 the 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 the 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 the 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 Client Personal Data in the possession or control of HMC;

g) on the expiry or termination of the services, immediately cease to use all Client Personal Data and shall arrange for its safe return or destruction as notified by the Client in writing at the relevant time;

h) promptly notify the 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

i)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 the Client of any and all circumstances having led to such incident, as the 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.

Client Obligations

(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) the 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) the 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.

24)This agreement shall be subject to the laws of England and Wales. The Client submits to the non-exclusive jurisdiction of the English Courts.

Hurst Media Company LTD, The Frames,1 Phipp Street,London EC2A 4PS
Registered Office: The Frames,1 Phipp Street,London EC2A 4PS
UK Reg No: 08375910
VAT No: 161866882

Hurst Media Agency

Media Buying Terms and Conditions – Effective Date: 12th April 2023

Effective Date: 12th April 2023

Hurst Media Agency Limited – Standard Terms and Conditions

Definitions

“Client” means a person, company, partnership or legal entity that enters into a contract with HMA for the provision of 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 HMA) 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, HMA pursuant to or in connection with this agreement;

“Data Protection Legislation” means all applicable law, from time to time, relating to the processing of personal data and privacy including (to the extent applicable) the UK GDPR and the EU GDPR;

“EU GDPR” means the General Data Protection Regulation (EU) 2016/679 of the European Parliament.

“HMA” means Hurst Media Agency Limited details contained below.

“Media Owner Deadline” means the date HMA provides files to the media owner for publication.

“UK GDPR” has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.

1) Payment terms are offered based on the credit score of any client as per our credit check supplier (CreditSafe). All non-UK customers are required to pay in full in advance of publication. Subject to credit being granted, HMA’s standard terms are 50% of the total amount of the contract price agreed is due at the time of booking and the balance due within seven (7) days after publication. This first 50% shall constitute a non-refundable part payment of the contract price. The balance of the contract price shall be payable seven (7) days after publication of the advertisement (or first publication in the case of a series booking). If the agreement covers both print and digital formats, the balance is due seven (7) days from the occurrence of the earliest event.

2) The specification and distribution details are as per the materials provided at the point of sale.

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 be deemed to have been made at the offices of HMA.

4b) Acceptance of these terms and conditions may be effected by written confirmation (including by email or completed order form) from the Client to HMA. Acceptance of these terms and conditions by email to the Client will constitute a legally binding agreement between the Client and HMA.

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 and that the only rights of cancellation are those governed in these terms and conditions (see clause 22). 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 HMA.

5) The Client is solely responsible to submit to HMA suitable advertisement/advertorial copy in electronic format (in accordance with HMA’s specifications) by the specified date. The Client warrants and represents that the advertisement (a) does not contravene the Trade Descriptions Act 1968 nor any other law, statute or regulations in England and/or in any other country where the advertisement might appear as a result of its publication by HMA (b) is not in any way defamatory or illegal or an infringement of the rights of any third party (c) complies in all respects with the British Code of Advertising Practice and any other relevant advertising standards prevailing (in England and/or in any other country where the advertisement might appear as a result of its publication by HMA) at the time the advertisement is published. The Client will also indemnify HMA, its suppliers and distributors against any damage they may sustain in consequence of publication of an advertisement, (such as copyright claims by a third party).

6) All advertisements/advertorials are accepted at HMA’s discretion as to suitability. If HMA exercises its rights under this paragraph at any time, HMA shall not be liable for costs, claims, liabilities or damages of any kind as a consequence of so doing.

7) Any design, production or marketing services agreed as part of the booking are bound by the terms and conditions of Hurst Media Labs Limited Marketing Terms & Conditions which are available by clicking here.

8) HMA reserves the right to make grammatical changes and minor corrections to conform to the Media Owner’s house style. In addition, HMA reserves the right to ensure all commercial content is compliant with all applicable laws, statutes, regulations and codes from time to time in force (including without limitation, the Advertising Standards Authority’s UK Code of non-broadcast advertisements, sales promotions and direct marketing communications (CAP), BCAP codes (the UK Code of Broadcast Advertising), Clearcast and Radio Center for TV and Radio) by making copy changes which in HMA’s reasonable opinion are necessary to ensure advertising messages are compliant both with the letter and spirit of the code. HMA reserves the right to request source material from the Client to support any claim and also to remove claims which in its reasonable option are not supported by peer-reviewed research.

9) In the event that HMA’s stated payment terms are not met, the entitlement of the Client to any discounts applied to the Client’s original booking(s) is forfeited, and the price for the advertisement insertions will default to that published on the current ratecard at the time of booking. In the event of late payment (i.e. payment outside of HMA’s agreed payment terms), HMA reserves the right to claim for payment in full from the Client as per the current published ratecard and reserves the right to charge statutory interest on that amount. Statutory interest is calculated at the rate of 8% per annum above the Bank Of England’s base rate, and is calculated daily. If HMA exercises its right to charge statutory interest, it is calculated from the day after due date until payment is received by HMA, and before as well as after judgement if applicable.
HMA’s invoice for interest charges shall be final and binding upon the Client.

10) All reasonable efforts will be made by HMA to fulfil its obligations, but should HMA 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 HMA’s obligations has ceased, and in no circumstances is HMA to be liable for any consequential loss or damage suffered by the Client as a result thereof. For clarity, HMA will not be liable for any loss occasioned by the failure of an advertisement to appear from any cause whatsoever.

11) The terms of the contract as stated in HMA’s order confirmation constitute the entire contract between the Client and HMA. Any variations to the contract terms are only valid if signed by a director of HMA.

12) Every effort will be made to meet the expressed wish of a Client regarding specified positions, but no guarantee can be given unless a supplementary positioning charge has been agreed.

13) While HMA will take reasonable care of any material supplied by the Client whilst in HMA’s custody, HMA shall not be liable for loss or damage of material in transit or whilst with any third party.

14) In the event that the Client 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 Client agrees to pay HMA as liquidated damages the lesser of:

a) 100% of HMA’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 HMA and the Client credit being given for any payments made by the Client in respect of this order prior to the default or notice.

15) In the event that the Client enters into liquidation (whether compulsory or voluntary); company administration; or is placed into receivership; or comes to any arrangement with its creditors, whether formal or informal; or becomes unable to pay its liabilities as and when they fall due; or is presented with a valid winding-up petition by the court; or is subject to a successful winding-up petition by the court, those in control of the Client at the time (i.e. directors/partners/owners for, respectively, a limited company/partnership/sole trader), warrant that all outstanding debts will be paid to HMA, and undertake to fulfil the payment liability personally, on a joint and several basis.

16) In the event of any conflict between these standard terms and conditions and HMA’s order confirmation, the order shall prevail.

17) HMA reserves the right to vary date of publication or advertising going live on the website by not more than +/-21 days and will notify the Client if there is a change to the scheduled date as soon as is reasonably practicable. In any event, time shall not be of the essence as regards the publication date.

18) HMA does not accept liability for printing errors, including variations in the quality of colour reproduction, and such variations shall not be deemed cause for the Client withholding payment.

19) HMA reserves the right to charge the single insertion rate for each advertisement published in the event of the Client failing to complete a series booking.

20) All disputes or complaints must be made in writing to HMA as soon as the Client is aware and in any event within 28 days of publication.

21) In no event shall the liability of HMA for any breach of contract or in tort exceed the price paid or payable by the Client for the advertisement.

22) The Client may cancel a booking by agreeing to pay a severance fee. The level of this fee is a percentage of the booking value, and varies depending on how close the cancellation is to the Media Owner Deadline.

(i) If the Media Owner Deadline is more than 30 days in the future the fee is 33% + VAT of the booking value.

(ii) If the Media Owner Deadline is more than 7 days in the future but fewer than 30 days away the fee is 66% + VAT of the booking value.

(iii) If the Media Owner Deadline is within 7 days the fee is 100% + VAT of the booking value.

(iv) A separate cancellation invoice on 7-day terms will be raised by the accounts department, and the original invoice credited in full once payment is received.

(v) In the event the cancellation invoice is not paid within terms, it will be cancelled and the full amount of the original contract will stand.

(vi) For the avoidance of doubt, for any digital campaigns that are already live, the cancellation fee is 100% of the contract value.

(vii) Cancellations within 72 hours of the Media Owner Deadline will not be accepted and HMA reserves the right at its absolute discretion to source content (e.g. artwork or copy) from the Client’s website and/or other materials at full charge if the Client fails to provide it and run with assumed approval from the Client order to fulfil the booking.

23) DATA PROTECTION

Additional definitions

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 the Client, as data controller and, in the case of HMA, as data processor. In particular, HMA 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 the Client in complying with their respective obligations under Data Protection Legislation in relation to the performance of any services provided by HMA to the Client.
(ii) Without limiting the foregoing, HMA shall:
a) act only in accordance with the Client’s (or the relevant Client Affiliate’s) written instructions with regard to the processing of Client Personal Data. If HMA is required to process Client Personal Data for any other purpose by applicable law, HMA shall inform the 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, provided that the Client shall provide HMA with all relevant information about the personal data that it requires HMA to process data pursuant to services provided to its clients and to enable HMA 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 the 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 the 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 the 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 HMA 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 HMA to amend, transfer, lock or delete any Client Personal Data in the possession or control of HMA;
g) on the expiry or termination of the services, immediately cease to use all Client Personal Data and shall arrange for its safe return or destruction as notified by the Client in writing at the relevant time;
h) promptly notify the 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
i)if any Client Personal Data in the possession or control of HMA becomes lost, corrupted, destroyed, altered or rendered unusable for any reason, immediately (but, in any event, thirty six (36) hours of becoming aware) notify the Client of any and all circumstances having led to such incident, as the 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.

Client Obligations

(iii) The Client acknowledges that it may from time to time require HMA 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 HMA 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 HMA, 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) the Client warrants that;
a) the disclosure of Personal Data to HMA is limited to what is necessary in order for HMA 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 HMA;
c) it shall provide advance written notice to HMA of its intention to transfer Personal Data to HMA for use in the provision of services.
(vii) the 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 HMA 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 HMA upon becoming aware that Personal Data has become inaccurate or out of date.

24) In the event that an exclusive arrangement is agreed between the Client and HMA for HMA to act as the Client’s sole media buyer across any or all channels as per the terms agreed in an exchange of communication, this will be for a 12-month contractual period. This contract will renew automatically on the anniversary of the commencement of the contract for a further twelve (12) months. The Client may give three months’ notice under the contract at any time, which will commence at the end of the 12-month commitment. All monies owed must be settled on termination.

25) This agreement shall be subject to the laws of England and Wales. The Client submits to the non-exclusive jurisdiction of the English Courts.

Hurst Media Agency Limited, The Frames,1 Phipp Street,London EC2A 4PS
Registered Office: The Frames,1 Phipp Street,London EC2A 4PS
UK Reg No: 10946147
VAT No: 161866882

Effective Date: 12 April 2023

Hurst Media Labs Limited – Standard Terms and Conditions

Definitions

“Client” means a person, company, partnership or legal entity that enters into a contract with HML for the provision of 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 HML) 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, HML pursuant to or in connection with this agreement;

“Content Deadline” means the date by which the Client must provide logos, artwork and/or other content, as communicated to the Client.

“Data Protection Legislation” means all applicable law, from time to time, relating to the processing of personal data and privacy including (to the extent applicable) the UK GDPR and the EU GDPR;

“EU GDPR” means the General Data Protection Regulation (EU) 2016/679 of the European Parliament.

“HML” means Hurst Media Labs Limited details contained below.

“Client” means any person firm or company who enters into an agreement with HML.

“Approval Deadline” means the date L by which the Client must approve content supplied to it by HML, as communicated to the Client.

“UK GDPR” has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.

1) Payment terms are offered based on the credit score of any client as per our credit check supplier (CreditSafe). All non-UK customers are required to pay in full in advance of receiving proofs. Subject to credit being granted, HML’s standard terms are 50% of the total amount of the contract price agreed is due at the time of booking and the balance due within seven (7) days after receiving proofs. This first 50% shall constitute a non-refundable part payment of the contract price. The balance of the contract price shall be payable seven (7) days after receiving proofs. If the agreement covers both print and digital formats, the balance is due seven (7) days from the occurrence of the earliest event.

2) The specification and distribution details are as set out in the materials provided at the point of sale.

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 be deemed to have been made at the offices of HML.

4b) Acceptance of these terms and conditions may be effected by written confirmation (including by email or completed order form) from the Client to HML. Acceptance of these terms and conditions by email to the Client will constitute a legally binding agreement between the Client and HML.

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 and that the only rights of cancellation are those governed in these terms and conditions (see clause 22). Unless the Client provides 72 hours’ written notice, 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 HML.

5) Unless HML has agreed to provide a CAP code checking service, the Client is solely responsible to submit to HML requested content in electronic format (in accordance with HML’s specifications) by the relevant Content Deadline. The Client warrants and represents that any designs, copy, other content or advertisement that it has provided or approved (a) does not contravene the Trade Descriptions Act 1968 nor any other law, statute or regulations in England and/or in any other country where the advertisement might appear (b) is not in any way defamatory or illegal or an infringement of the rights of any third party (c) complies in all respects with the British Code of Advertising Practice and any other relevant advertising standards prevailing (in England and/or in any other country where the advertisement might appear ) at the time the advertisement is published. The Client will also indemnify HML, its suppliers and distributors against any damage they may sustain in consequence of publication of an advertisement, ( including but not limited to, any claims for designs/copies created which are deemed non-compliant by the Advertising Standards Authority and any copyright claims by a third party).

6). It is the Client’s responsibility to ensure that:

(a) the terms of the Client’s order are complete and accurate;

(b) the Client cooperates with HML in all matters relating to the services to be provided under this contract;

(c) the Client provides HML with such information and materials as HML may reasonably require in order to supply the services, and ensure that such information is complete and accurate in all material respects;

7) If HML’s ability to perform the services is prevented or delayed by any failure by the Client to fulfil any obligation listed in Clause 6 (Default):

(a) HML will be entitled to suspend performance of the services until the Client remedies the Default, and to rely on the Default to relieve HML from the performance of the services, in each case to the extent the Default prevents or delays performance of the services;

(b) HML will not be responsible for any costs or losses the Client sustains or incurs arising directly or indirectly from HML’s failure or delay to perform the services; and

(c) it will be the Client’s responsibility to reimburse HML on written demand for any costs or losses HML sustains or incurs arising directly or indirectly from the Default.

8) HML will share output files with the Client, working files will only be shared with the Client if explicitly agreed between the parties. In addition, HML reserves the right to ensure all commercial content is compliant with all applicable laws, statutes, regulations and codes from time to time in force (including without limitation, the Advertising Standards Authority’s UK Code of non-broadcast advertisements, sales promotions and direct marketing communications (CAP), BCAP codes (the UK Code of Broadcast Advertising), Clearcast and Radio Center for TV and Radio) by making copy changes which in HML’s reasonable opinion are necessary to ensure advertising messages are compliant both with the letter and spirit of the code. HML reserves the right to request source material from the Client to support any claim and also to remove claims which in its reasonable option are not supported by peer-reviewed research.

9) In the event that HML’s stated payment terms are not met, the entitlement of the Client to any discounts applied to the Client’s original booking(s) is forfeited. In the event of late payment (i.e. payment outside of HML’s agreed payment terms), HML reserves the right to claim for payment in full from the Client as per its full current rates and reserves the right to charge statutory interest on that amount. Statutory interest is calculated at the rate of 8% per annum above the Bank Of England’s base rate, and is calculated daily. If HML exercises its right to charge statutory interest, it is calculated from the day after due date until payment is received by HML, and before as well as after judgement if applicable.
HML’s invoice for interest charges shall be final and binding upon the Client.

10) All reasonable efforts will be made by HML to fulfil its obligations, but should HML 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 HML’s obligations has ceased, and in no circumstances is HML to be liable for any consequential loss or damage suffered by the Client as a result thereof. For clarity, HML will not be liable for any loss occasioned by the failure of an advertisement to appear from any cause whatsoever.

11) The terms of the contract as stated in HML’s order confirmation constitute the entire contract between the Client and HML. Any variations to the contract terms are only valid if signed by a director of HML.

12) HML will use all reasonable endeavours to meet any performance dates agreed in the order confirmation, but any such dates are estimates only and failure to perform the services by such dates will not give the Client the right to terminate the contract. If HML’s performance of its obligations is prevented or delayed by any act or omission of the Client, its agents, subcontractors, consultants or employees (including without limitation the failure to meet a Content Deadline or Approval Deadline), then, without prejudice to any other right or remedy it may have, HML shall be allowed an extension of time to perform its obligations equal to the delay caused by the Client.

13) While HML will take reasonable care of any material supplied by the Client whilst in HML’s custody, HML shall not be liable for loss or damage of material in transit or whilst with any third party.

14) In the event that the Client 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 or approval of content) the Client agrees to pay HML as liquidated damages the lesser of:
a) 100% of HML’s highest standard rates for the services prevailing at the date of this order or;
b) the contract price as agreed between HML and the Client credit being given for any payments made by the Client in respect of this order prior to the default or notice.

15) In the event that the Client enters into liquidation (whether compulsory or voluntary); company administration; or is placed into receivership; or comes to any arrangement with its creditors, whether formal or informal; or becomes unable to pay its liabilities as and when they fall due; or is presented with a valid winding-up petition by the court; or is subject to a successful winding-up petition by the court, those in control of the Client at the time (i.e. directors/partners/owners for, respectively, a limited company/partnership/sole trader), warrant that all outstanding debts will be paid to HML, and undertake to fulfil the payment liability personally, on a joint and several basis.

16) In the event of any conflict between these standard terms and conditions and HML’s order confirmation, the order shall prevail.

17a) Without affecting any other right or remedy available to it, HML may terminate the contract with immediate effect by giving written notice to the Client if:

(i) the Client fails to pay any amount due under the contract on the due date for payment; or

(ii) the Client becomes subject to any of the events listed in Clause 15.

(b) On termination of the contract:

(i) the Client shall immediately pay to HML all of HML’s outstanding unpaid invoices and interest and, in respect of services supplied but for which no invoice has been submitted, HML shall submit an invoice, which shall be payable by the Client immediately on receipt;

(ii) the Client shall return all of HML’s materials and any deliverables which have not been fully paid for.

(c) Termination of the contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the contract which existed at or before the date of termination.

(d) Any provision of the contract that expressly or by implication is intended to come into or continue in force on or after termination of the contract shall remain in full force and effect.18) HML does not accept liability for printing errors, including variations in the quality of colour reproduction, and such variations shall not be deemed cause for the Client withholding payment.

19a) All intellectual property rights in or arising out of or in connection with the services (other than intellectual property rights in any materials provided by the Client) will be owned by HML.

(b) HML agrees to grant the Client a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the contract to copy the deliverables specified in the Client’s order (excluding materials provided by the Client) for the purpose of receiving and using the services and such deliverables in the Client’s business. The Client may not sub-license, assign or otherwise transfer the rights granted in this clause 19.

(c) The Client agrees to grant HML a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by the Client to HML for the term of the contract for the purpose of providing the services to the Client.

(d) The Client shall indemnify HML in full against any sums awarded by a court against HML arising of or in connection with any claim brought against HML for infringement of a third party’s rights (including any intellectual property rights) arising out of, or in connection with, the receipt or use of any Client materials by the Supplier

20) All disputes or complaints must be made in writing to HML as soon as the Client is aware and in any event within 28 days of publication.

21) In no event shall the liability of HML for any breach of contract or in tort exceed the price paid by the Client for the services.

22a) The Client may cancel a booking by agreeing to pay a severance fee. For the avoidance of doubt the first 50% of the contract price shall in no circumstances be refundable and the parties agree that in any event it is fair and reasonable for this 50% to be forfeited to reflect HML’s opportunity cost for allocating significant resource to this contract. In addition, the Client shall pay a severance fee to reflect any third party liabilities incurred by HML in relation to this contract plus any time costs incurred by HML over and above 50% of the contract price (up to a maximum of 100% of the contract price).

(b) A separate cancellation invoice on 7-day terms will be raised by the accounts department, and the original invoice credited in full once payment is received.

(c) In the event the cancellation invoice is not paid within terms, it will be cancelled and the full amount of the original contract will stand.
(d) For the avoidance of doubt, for any digital campaigns that are already live, the cancellation fee is 100% of the contract value.

23) DATA PROTECTION

Additional definitions

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 the Client, as data controller and, in the case of HML, as data processor. In particular, HML 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 the Client in complying with their respective obligations under Data Protection Legislation in relation to the performance of any services provided by HML to the Client.

(ii) Without limiting the foregoing, HML shall:

a) act only in accordance with the Client’s (or the relevant Client Affiliate’s) written instructions with regard to the processing of Client Personal Data. If HML is required to process Client Personal Data for any other purpose by applicable law, HML shall inform the 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, provided that the Client shall provide HML with all relevant information about the personal data that it requires HML to process data pursuant to services provided to its clients and to enable HML 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 the 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 the 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 the 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 HML 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 HML to amend, transfer, lock or delete any Client Personal Data in the possession or control of HML;

g) on the expiry or termination of the services, immediately cease to use all Client Personal Data and shall arrange for its safe return or destruction as notified by the Client in writing at the relevant time;

h) promptly notify the 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

i)if any Client Personal Data in the possession or control of HML becomes lost, corrupted, destroyed, altered or rendered unusable for any reason, immediately (but, in any event, thirty six (36) hours of becoming aware) notify the Client of any and all circumstances having led to such incident, as the 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.

Client Obligations

(iii) The Client acknowledges that it may from time to time require HML 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 HML 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 HML, 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) the Client warrants that;>

a) the disclosure of Personal Data to HML is limited to what is necessary in order for HML 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 HML;

c) it shall provide advance written notice to HML of its intention to transfer Personal Data to HML for use in the provision of services.

(vii) the 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 HML 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 HML upon becoming aware that Personal Data has become inaccurate or out of date.

24) In the event that an exclusive arrangement is agreed between the Client and HML for HML to act as the Client’s sole media buyer across any or all channels as per the terms agreed in an exchange of communication, this will be for a 12-month contractual period. This contract will renew automatically on the anniversary of the commencement of the contract for a further twelve (12) months. The Client may give three months’ notice under the contract at any time, which will commence at the end of the 12-month commitment. All monies owed must be settled on termination.

25) This agreement shall be subject to the laws of England and Wales. The Client submits to the non-exclusive jurisdiction of the English Courts.

Hurst Media Labs Limited, The Frames, 1 Phipp Street, London EC2A 4PS
Registered Office: The Frames, 1 Phipp Street, London EC2A 4PS
UK Reg No: 14077121
VAT No: [161866882]

Effective Date:  5th April 2024

Hurst Group Limited – Terms and Conditions for Barter

Definitions

“Advertising” means any form of communication in which a product, brand or service is promoted to a viewership in order to attract interest, engagement, and sales.

“Advertising Materials” means all materials and methods used by a Client in the performance of the Client’s Advertising, including, without limitation, brochures, letters, print advertisements, internet advertisements, television and radio communications and other advertising, promotional and similar materials;

“Barter” means an agreement whereby a Client will make available goods and services in exchange or part-exchange for Advertising.

“Bartered Goods” are goods and services offered by the Client in exchange or part-exchange for Advertising, redeemable by any assignees as so requested by HGL;

“Client” means a person, company, partnership or legal entity that enters into a contract with HGL for the provision of 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 HGL) 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, HGL pursuant to or in connection with this agreement;

“Data Protection Legislation” means all applicable law, from time to time, relating to the processing of personal data and privacy including (to the extent applicable) the UK GDPR and the EU GDPR;

“Deadline” means the date HGL must send Advertising Materials through to the media owner for publication.

“EU GDPR” means the General Data Protection Regulation (EU) 2016/679 of the European Parliament.

“HGL” means Hurst Group Limited and its subsidiaries to include Hurst Media Company Ltd, Hurst Media Agency Ltd and Hurst Media Labs Ltd, details contained below.

“UK GDPR” has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.

1. The contract shall be deemed to have been made at the offices of HGL.

2. Acceptance of these terms and conditions may be effected by written confirmation (including by email or completed order form) from the Client to HGL. Acceptance of these terms and conditions by email to the Client will constitute a legally binding agreement between the Client and HGL.

3. 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 and that the only rights of cancellation are those governed in these terms and conditions (see clause 22). 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 HGL.

4. The terms of the contract as stated in HGL’s order confirmation constitute the entire contract between the Client and HGL. Any variations to the contract terms are only valid if signed by a director of HGL. In the event of any conflict between these standard terms and conditions and HGL’s order confirmation, the order shall prevail.

5. In exchange for Advertising, the Client will make available Bartered Goods, or a combination of Bartered Goods and cash, to be disposed of as HGL sees fit. The Client agrees that it will fulfil its obligations directly to any such assignees as so requested by HGL. The Client represents and warrants that:

a. the Bartered Goods they have offered for barter can legally be sold by them and their assigned agents or dealers;

b. they have full power to enter into this Agreement;

c. to the best of their knowledge, their Bartered Goods do not infringe upon any statutory copyright or upon any common law rights, proprietary rights or any other rights whatsoever and their Bartered Goods are free and clear of all encumbrances;

d. to the best of their knowledge, all information they provide about the Bartered Goods is true and correct;

e. if specific dates apply to the Bartered Goods, the Client will use their best endeavours to make the Bartered Goods available on the dates specified; If the Bartered Goods cannot be made available on the specified dates, the Client will use their best endeavours to find suitable alternatives for users seeking to realise the Bartered Goods on the dates specified;

f. the Bartered Goods will be available over a set validity period but if no validity period is set, then it will be assumed that the Bartered Goods are available on a no-expiry-date basis;

g. users redeeming the Bartered Goods will be treated with the same facilities and service as if direct customers;

h. any additional terms, deviations or provisions in respect to the exchange of Bartered Goods will be set out on email communications at point of sale.

i. in the event that the Client is in default of its obligations to provide Bartered Goods within terms and conditions, the Client agrees to immediately pay HGL the equivalent value of the Bartered Goods or contract value, whichever is greater.

6. Each party agrees to adhere to the price of the Advertising and the Bartered Goods set out in HGL’s order confirmation. The Client represents to the best of their knowledge that the pricing for their Bartered Goods represents the fair market value within the applicable industry.

7. Payment terms for the cash element of any order are offered based on the credit score of any client as per our credit check supplier. All non-UK customers are required to pay in full in advance of publication. Subject to credit being granted, HGL’s standard terms are 50% of the total amount of the contract price agreed is due at the time of booking and the balance due within seven (7) days after publication. This first 50% shall constitute a non-refundable part payment of the contract price. The balance of the contract price shall be payable seven (7) days after publication of the advertisement (or first publication in the case of a series booking). If the agreement covers both print and digital formats, the balance is due seven (7) days from the occurrence of the earliest event.

8. 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.

9. In the event that HGL’s stated payment terms are not met, the entitlement of the Client to any discounts applied to the Client’s original booking(s) is forfeited, and the price for the advertisement insertions will default to that published on the current ratecard at the time of booking. In the event of late payment (i.e. payment outside of HGL’s agreed payment terms), HGL reserves the right to claim for payment in full from the Client as per the current published ratecard and reserves the right to charge statutory interest on that amount. Statutory interest is calculated at the rate of 8% per annum above the Bank Of England’s base rate, and is calculated daily. If HGL exercises its right to charge statutory interest, it is calculated from the day after due date until payment is received by HGL, and before as well as after judgement if applicable. HGL’s invoice for interest charges shall be final and binding upon the Client.

10. The Client is solely responsible for submitting to HGL Advertising Materials in electronic format in accordance with HGL’s specifications by the specified date. The Client warrants and represents that the Advertising (a) does not contravene the Trade Descriptions Act 1968 nor any other law, statute or regulations in England and/or in any other country where the Advertising might appear as a result of its publication by HGL (b) is not in any way defamatory or illegal or an infringement of the rights of any third party (c) complies in all respects with the British Code of Advertising Practice and any other relevant advertising standards prevailing (in England and/or in any other country where the Advertising might appear as a result of its publication by HGL) at the time the Advertising is published. The Client will also indemnify HGL, its suppliers and distributors against any damage they may sustain in consequence of publication of the Client’s Advertising, (such as copyright claims by a third party).

11. In the event that the Client is in default of its obligations under paragraph 10 (or gives notice that it does not intend to fulfil such obligations prior to the date for submission of advertising copy) the Client agrees to pay HGL as liquidated damages the lesser of:

a. 100% of HGL’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 HGL and the Client credit being given for any payments made by the Client in respect of this order prior to the default or notice.

12. HGL reserves the right to charge the single insertion rate for each advertisement published in the event of the Client failing to complete a series booking.

13. While HGL will take reasonable care of any Advertising Materials supplied by the Client whilst in HGL’s custody, HGL shall not be liable for loss or damage of material in transit or whilst with any third party.

14. All Advertising is accepted at HGL’s discretion as to suitability. If HGL exercises its rights under this paragraph at any time, HGL shall not be liable for costs, claims, liabilities or damages of any kind as a consequence of so doing.

a. HGL reserves the right to ensure all Advertising is compliant with all appropriate codes of advertising practice by making copy changes which in HGL’s reasonable opinion are necessary to ensure advertising messages are compliant both with the letter and spirit of the codes. HGL reserves the right to request source material from the Client to support any claim and also to remove claims which in its reasonable option are not supported by peer-reviewed research.

b. In addition, where Advertising is advertorial content, HGL reserves the right to make grammatical changes and minor corrections to conform to HGL’s house style.

15. Any design, production or marketing services agreed as part of the booking are bound by the terms and conditions of Hurst Media Labs Limited Marketing Terms & Conditions which are available by clicking here.

16. All reasonable efforts will be made by HGL to fulfil its obligations, but should HGL 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 HGL’s obligations has ceased, and in no circumstances is HGL to be liable for any consequential loss or damage suffered by the Client as a result thereof. For clarity, HGL will not be liable for any loss occasioned by the failure of an advertisement to appear from any cause whatsoever.

17. HGL reserves the right to vary date of appearance of Advertising (e.g. publication or broadcast date, advertising going live on the website, and/or any other appropriate measure of appearance) by not more than +/-21 days and will notify the Client if there is a change to the scheduled date as soon as is reasonably practicable. In any event, time shall not be of the essence as regards the appearance date.

18. In the event that the Client enters into liquidation (whether compulsory or voluntary); company administration; or is placed into receivership; or comes to any arrangement with its creditors, whether formal or informal; or becomes unable to pay its liabilities as and when they fall due; or is presented with a valid winding-up petition by the court; or is subject to a successful winding-up petition by the court, those in control of the Client at the time (i.e. directors/partners/owners for, respectively, a limited company/partnership/sole trader), warrant that all outstanding debts will be paid to HGL, and undertake to fulfil the payment liability personally, on a joint and several basis.

19. HGL does not accept liability for errors in appearance of the Advertising (e.g. printing errors, including variations in the quality of colour reproduction) and such variations shall not be deemed cause for the Client withholding payment.

20. All disputes or complaints must be made in writing to HGL as soon as the Client is aware and in any event within 28 days of publication.

21. In no event shall the liability of HGL for any breach of contract or in tort exceed the price paid or payable by the Client for the advertisement.

22. The Client may cancel a booking by agreeing to pay a severance fee. The level of this fee is a percentage of the booking value, and varies depending on how close the cancellation is to the Deadline.

a. If the Press Deadline is more than 30 days in the future the fee is 33% + VAT of the booking value.

b. If the Press Deadline is more than 7 days in the future but fewer than 30 days away the fee is 66% + VAT of the booking value.

c. If the Press Deadline is within 7 days the fee is 100% + VAT of the booking value.

d. A separate cancellation invoice on 7-day terms will be raised by the accounts department, and the original invoice credited in full once payment is received.

e. In the event the cancellation invoice is not paid within terms, it will be cancelled and the full amount of the original contract will stand.

f. For the avoidance of doubt, for any campaigns that are already live, the cancellation fee is 100% of the contract value.

g. Cancellations within 72 hours of the Deadline will not be accepted and HGL reserves the right at its absolute discretion to source content (e.g. artwork or copy) from the Client’s website and/or other materials at full charge if the Client fails to provide it and run with assumed approval from the Client order to fulfil the booking.

23. DATA PROTECTION

Additional Definitions

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

a. Both parties will comply with their obligations under the Data Protection Legislation, in the case of the Client, as data controller and, in the case of HGL, as data processor. In particular, HGL undertakes to:

i) abide by, and procure that its employees, representatives, subcontractors and agents abide by, the Data Protection Legislation; and

ii) provide reasonable assistance to the Client in complying with their respective obligations under Data Protection Legislation in relation to the performance of any services provided by HGL to the Client.

b. Without limiting the foregoing, HGL shall:

i) act only in accordance with the Client’s (or the relevant Client Affiliate’s) written instructions with regard to the processing of Client Personal Data. If HGL is required to process Client Personal Data for any other purpose by applicable law, HGL shall inform the Client of this legal requirement, to the extent permitted to do so by the applicable law;

ii) 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, provided that the Client shall provide HGL with all relevant information about the personal data that it requires HGL to process data pursuant to services provided to its clients and to enable HGL to maintain such records;

iii) not transfer such Client Personal Data and information to a country or territory outside the European Economic Area (the “EEA”) without the Client’s (or the relevant Client Affiliate’s) express written consent;

iv) 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

v) immediately notify the 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 the 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 HGL which are requested by that Client entity (in the format and medium reasonably required by that entity);

vi) shall promptly carry out any request from a Client requiring HGL to amend, transfer, lock or delete any Client Personal Data in the possession or control of HGL;

vii) on the expiry or termination of the services, immediately cease to use all Client Personal Data and shall arrange for its safe return or destruction as notified by the Client in writing at the relevant time;

viii) promptly notify the 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

ix) if any Client Personal Data in the possession or control of HGL becomes lost, corrupted, destroyed, altered or rendered unusable for any reason, immediately (but, in any event, thirty six (36) hours of becoming aware) notify the Client of any and all circumstances having led to such incident, as the 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.

Client Obligations

c. The Client acknowledges that it may from time to time require HGL 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.

d. The Client shall indemnify and hold harmless HGL 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.

e. Without limiting the foregoing, the Client shall;

i) comply with Data Protection Legislation and ensure that any instructions it issues to HGL, including the transfer itself, shall comply with Data Protection Legislation; and

ii) 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.

f) the Client warrants that;

i) the disclosure of Personal Data to HGL is limited to what is necessary in order for HGL to perform services it is contractually obligated to provide to the Client;

ii) such Personal Data is accurate and up-to-date at the time that it is provided to HGL;

iii) it shall provide advance written notice to HGL of its intention to transfer Personal Data to HGL for use in the provision of services.

g. the Client shall;

i) 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 HGL to lawfully and fairly process Personal Data in connection with/arising out of the provision of the provision of services;

ii) ensure compliance with appropriate technical and organisational;

iii) notify HGL upon becoming aware that Personal Data has become inaccurate or out of date.

24. This agreement shall be subject to the laws of England and Wales. The Client submits to the non-exclusive jurisdiction of the English Courts.

Hurst Media Labs Limited, The Frames, 1 Phipp Street, London EC2A 4PS

Registered Office: The Frames, 1 Phipp Street, London EC2A 4PS UK Reg No: 14077121 VAT No: [161866882]

Competition Terms & Conditions

1. The Promoter

The promoter is: Hurst Media Company Ltd whose registered office is at The Frames, 1 Phipp Street,London EC2A 4PS

2. The Competition

2.1 The title of the competition is indicated on submission form.

3. How To Enter

3.1 The competition will run for a period of one month unless stated otherwise.

3.2 All competition entries must be received by the Promoter by no later than 5pm on the Closing Date. All competition entries received after the Closing Date are automatically disqualified.

3.3 To enter the competition enter online by submitting the online entry form provided on www.hurstmediacompany.co.uk by the Closing Date.

3.4 No purchase necessary and there is no charge to register for use of the website.

3.5 The Promoter will not accept:

(a) responsibility for competition entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or

(b) proof of transmission as proof of receipt of entry to the competition.

3.6 By submitting a competition entry, you are agreeing to be bound by these terms and conditions.

3.7 For help with entries, please contact the consumer helpline on 020 3 940 2744 OR see www.hurstmediacompany.co.uk

3.8 The competition entries will be randomly selected for a winner by the Promoter – using a selection method entirely at the Promoter’s discretion.

4. Eligibility

4.1 The competition is open to all residents in the UK aged 18 years or over except:

(a) employees of the Promoter or its holding or subsidiary companies;

(b) employees of agents or suppliers of the Promoter or its holding or subsidiary companies, who are professionally connected with the competition or its administration; or

(c) members of the immediate families or households of (a) and (b) above.

4.2 In entering the competition, you confirm that you are eligible to do so and eligible to claim any prize you may win. The Promoter may require you to provide proof that you are eligible to enter the competition.

4.3 The Promoter will not accept competition entries that are:

(a) automatically generated by computer;

(b) completed by third parties or in bulk;

(c) illegible, have been altered, reconstructed, forged or tampered with;

(d) photocopies and not originals; or

(e) incomplete.

4.4 There is a limit of one entry per person. Entries on behalf of another person will not be accepted and joint submissions are not allowed.

4.6 Competition entries cannot be returned.

5. The Prize

5.1 The prizes are relevant to the individual competition submission page

5.2 There is no cash alternative for the prize.

5.3 The prize is not negotiable or transferable.

5.4 In order to claim the prize you must respond to email notifying you have won within seven (7) days.

6. Winner Announcement

6.1 The winners of the competition will be contacted directly by the Promoter.

6.2 Save in respect of manifest error – the selection of the winner of the Competition in accordance with clause 3.8, is final and may not be challenged or discussed with the Promoter. The Promoter is under no obligation to provide any details of the selection process defined in clause 3.8.

6.3 The Promoter will contact the winners personally as soon as practicable after the Announcement Date, using the telephone number or email address provided with the competition entry. The Promoter will not amend any contact information once the competition entry form has been submitted.

7. Claiming The Prize

7.1 If you are the winner of the prize, you will have 7 days from the date of Publication to claim the prize by following the procedure set out in condition 5.4. If you do not claim the prize by this date, your claim will become invalid.

7.3 The Promoter does not accept any responsibility if you are not able to take up the prize.

8. Limitation of Liability

Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winners or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.

9. Ownership of Competition Entries and Intellectual Property Rights

9.1 All competition entries and any accompanying material submitted to the Promoter will become the property of the Promoter on receipt and will not be returned.

9.2 By submitting your competition entry and any accompanying material, you agree to:

(a) assign to the Promoter all your intellectual property rights with full title guarantee; and

(b) waive all moral rights, in and to your competition entry and otherwise arising in connection with your entry to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world.

9.3 You agree that the Promoter may, but is not required to, make your entry available in Calibre Quarterly magazine and on any other media, whether now known or invented in the future, and in connection with any publicity of the competition. You agree to grant the Promoter a non-exclusive, worldwide, irrevocable licence, for the full period of any intellectual property rights in the competition entry and any accompanying materials, to use, display, publish, transmit, copy, edit, alter, store, re-format and sub-licence the competition entry and any accompanying materials for such purposes.

10. Data Protection and Publicity

10.1 If you are the winner of the competition, you agree that the Promoter may use your name, image and town or county of residence to announce the winner of this competition and for any other reasonable and related promotional purposes.

10.2 You further agree to participate in any reasonable publicity required by the Promoter subject to our Privacy Notice – if we deem your consent is require for activity, we will seek such consent as appropriate.

11. General

11.1 If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in the competition.

11.2 The Promoter reserves the right to hold void, suspend, cancel, or amend the prize competition where it becomes necessary to do so.

11.3 These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Terms of website use

These terms of use (together with the documents referred to in them) tell you the terms on which you may make use of our website hurstmediacompany.co.uk (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as they will apply to your use of our site. We recommend that you print a copy of this document for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
• Our Cookie Policy, which sets out information about the cookies on our site.

Information about us

hurstmediacompany.co.uk is a site operated by Hurst Media Company Limited (we or us). We are registered in England and Wales under company number 08375910 and have our registered office at The Frames,1 Phipp Street,London EC2A 4PS. Our Head Office is at The Frames,1 Phipp Street,London EC2A 4PS. Our VAT number is 161866882. We are a limited company.

Changes to these terms

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at administration@hurstmediacompany.co.uk

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you license).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on our site do not represent our views or values.

You are solely responsible for securing and backing up your content.

Rights you license

When you upload or post content to our site, you grant the following licence:

• a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to us, our partners, advertisers and other users of the Site to use, reproduce, distribute, prepare derivative works of, display, and perform that user generated content in connection with the service provided by the website and across different media.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes, and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the homepage.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our site other than that set out above, please contact: administration@hurstmediacompany.co.uk

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Applicable law

If you are a consumer, please note that these terms of use, its subject matter, and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Trademarks

“HURST MEDIA COMPANY” is a UK registered trademark of Hurst Media Company Ltd.

Contact us

To contact us, please email administration@hurstmediacompany.co.uk

Thank you for visiting our site.

This acceptable use policy sets out the terms between you and us under which you may access our website hurstmediacompany.co.uk (our site). This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.

hurstmediacompany.co.uk is a site operated by Hurst Media Company Limited (we or us). We are registered in England and Wales under company number 08375910 and we have our registered office at The Frames,1 Phipp Street,London EC2A 4PS. Our Head Office is at The Frames,1 Phipp Street,London EC2A 4PS. Our VAT number is 161866882. We are a limited company.

Prohibited uses

You may use our site only for lawful purposes. You may not use our site:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below).
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
• Not to access without authority, interfere with, damage or disrupt:
• Any part of our site;
• Any equipment or network on which our site is stored;
• Any software used in the provision of our site; or
• Any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our site, including, without limitation:

• Chat rooms.
• Bulletin boards.
• Messageboards

>Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another;s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

Last Updated – April 2021

Hurst Media Company Limited (including its affiliate and subsidiary companies see below) (”We”, “us”) are committed to protecting and respecting your privacy.

This policy (together with our terms of use https://www.hurstmediacompany.co.uk/terms-of-website-use/ and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, or will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting the following www.hurstmediacompany.co.uk you are accepting and consenting to the practices described in this policy.

For the purpose of the General Data Protection Regulations EU 2016/679 (the Regulations) and the UK General Data Protection Regulations (together known as the GDPR, the data controller is Hurst Media Company Limited (No. 8375910) of The Frames,1 Phipp Street,London EC2A 4PS

INFORMATION WE COLLECT FROM YOU

We will collect and process the following data about you:

Information you give us. This is information about you that you give us by filling in forms on our site www.hurstmediacompany.co.uk and/or www.celebritysecrets.com (our sites) or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use our site, subscribe to our service, search for a product, place an order on our site, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey, and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph.
Information we collect about you. With regard to each of your visits to our site we will automatically collect the following information:
technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for’ page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
Information we receive from other sources. This is information we receive about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data if we intend to share those data internally and combine it with data collected on this site. We will also have told you for what purpose we will share and combine your data. We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies). We will notify you when we receive information about you from them and the purposes for which we intend to use that information.

EMPLOYEE INFORMATION

Personal information (or personal data as defined by the Regulations) for purposes of this Privacy Notice, means any information that (i) directly and clearly identifies an individual, or (ii) can be used in combination with other information to identify an individual.

The following is a non-exhaustive list of Personal Information We may collect from our employees:

• Names and contact details of relatives for in case of emergency purposes.
• Home address.
• Home phone number.
• Email address.
• An individual’s name
• Date of birth.
• Network ID, IP Address, network activities and communications.

We will process employee data for the essential performance of rights and obligations under a contract of employment, for example payroll and pension benefits or to comply with laws and regulations such health and safety or tax.

We also process employee data for legitimate business purposes including but not limited to:

• Employee communications, including development and training programs;
• Human resource functions including management of employee performance, beneficiary information, compensation and benefits;
• Background checks, emergency contact list, reference checks and terminations.
• Managing the security of our network infrastructure to protect company, employees and customers’ data through the use of monitoring technologies such as data loss prevention tools, next generation firewall, and security incident and event management tools.
• Sensitive employee data such as salary and performance evaluations may be accessible by other Hurst Media Company Limited employees (or our Human Resource advisers) only if required for legitimate purpose related to human resource functions or associated employee issues.

COOKIES

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. For detailed information on the cookies we use and the purposes for which we use them see our Cookie policy https://www.hurstmediacompany.co.uk/cookie-policy/.

• Checklists.co.uk – uses cookies to remember customer preferences (cookie acceptance etc.)
• Google AdSense – use cookies to serve ads based on a user’s previous visits to your website or other websites.
• Criteo – Service to help display relevant and personalised ads
• Google Analytics – Monitor website usage and interactions
• Double Click – Google ad delivery service uses cookies to serve ads based on a user’s previous visits to your website or other websites.
• MDN – Google ad delivery service uses cookies to serve ads based on a user’s previous visits to your website or other websites.

USES MADE OF THE INFORMATION

 

We use information held about you in the following ways:

Information you give to us. We will use this information:
to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us; to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the order form OR registration form);
to notify you about changes to our service;
to ensure that content from our site is presented in the most effective manner for you and for your computer.
Information we collect about you. We will use this information:
to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
to allow you to participate in interactive features of our service, when you choose to do so;
as part of our efforts to keep our site safe and secure;
to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
Information we receive from other sources. We will combine this information with information you give to us and information we collect about you.
We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

DISCLOSURE OF YOUR INFORMATION

You agree that we have the right to share your personal information with:

Any member of our group, which means our subsidiaries (including those listed below), our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
Selected third parties including:
business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers without express written informed consent, but we will provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience;
analytics and search engine providers that assist us in the improvement and optimisation of our site;
credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.

We will disclose your personal information to third parties:

In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
If Hurst Media Company Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use https://www.hurstmediacompany.co.uk/terms-of-website-use/ or terms and conditions of supply https://www.hurstmediacompany.co.uk/hurst-media-advertising-terms/ and other agreements; or to protect the rights, property, or safety of Hurst Media Company Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

INFORMATION PROCESSOR ACTIVITIES

Hurst Media Company Limited (and its affiliates and subsidiaries) operate as a data processor for our business customers located in the EU and other locations worldwide. Our business customers remain the data controllers with respect to any customer data that they provide to us for our provision of services. We therefore act in accordance with the instructions of such customers regarding the collection, processing, storage, deletion, access, rectification, portability and transfer of customer data.

WHERE WE STORE YOUR PERSONAL DATA

The data that we collect from you maybe transferred to, and stored at, a destination outside the European Economic Area (”EEA”) or United Kingdom. It may also be processed by staff operating outside the EEA or United Kingdom who work for us or for one of our suppliers. This includes staff engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will to ensure that your data is treated securely and in accordance with this privacy policy. Unless notified otherwise, any transfer of data to a processor or sub processor outside the EEA or United Kingdom will be done subject to Hurst Media Company Limited entering into Data Transfer Agreement under the EU or UK Model Clauses with the processor or sub processor – so as to ensure appropriate technical and organisational in relation to how that data is stored and processed and to ensure it is processed only in accordance with the Regulations.

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

YOUR RIGHTS

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at DataPrivacy@hurstmediacompany.co.uk .

We will make reasonable efforts to adhere to any requests made either (i) under this section or (ii) the section marked “Access to Information” – unless the requests are prohibited as a matter of law or there is a legitimate purpose for retaining the data pursuant to the Regulations.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

ACCESS TO INFORMATION,

Your right of access can be exercised in accordance with the Regulations. Any access request will be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you. We reserve the right to verify your identity before we comply with any request. If you would like to request a copy of the personal information we hold on you please contact us at:

DataPrivacy@hurstmediacompany.co.uk

Hurst Media Company – Privacy

The Frames,1 Phipp Street,London EC2A 4PS,

MONITORING AND ENFORCEMENT

Hurst Media Company Limited regularly reviews our compliance with our privacy policy. We also adhere to several self-regulatory frameworks in addition to complying with applicable laws. If we receive formal written complaints, we will follow up with the person making the complaint. We will work with the appropriate regulatory authorities to resolve any complaints that cannot be resolved directly.

If personal information of EU individuals is received directly from our clients, we will provide reasonable assistance to our clients:

in informing the impacted data subjects about (a) that we may disclose such individuals’ information to third parties and (b) the data subjects’ right to opt out of such disclosures (except for disclosures to third parties performing tasks directly on our behalf and pursuant to our instructions); and
reasonably ensure that the information is processed for the purposes for which it was originally collected or consented by the data subjects.
After we have notified our clients, they will then inform us if any individuals have opted out of such disclosures.

CHANGES TO OUR PRIVACY POLICY

Any changes we make to our privacy policy in the future will be posted on this page,. Please check back frequently to see any updates or changes to our privacy policy.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to DataPrivacy@hurstmediacompany.co.uk .

HURST MEDIA COMPANY LIMITED – AFFILIATES AND SUBSIDIARIES

Hurst Media Agency Limited

Hurst Media Company (Assets) Limited.

Cookie Policy

Information about our use of cookies

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

We use the following cookies:

• Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
• Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
• Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

Except for essential cookies, all cookies will expire after the browsing session ends.

Attestation of Compliance with TCF Policies

Hurst Media Company fully supports the goals and principles of the Transparency and Consent Framework (TCF) established by IAB Europe.

We acknowledge the importance of transparency, data privacy, and responsible data practices in the digital advertising ecosystem. By adopting the IAB Transparency Framework, we affirm our dedication to promoting transparency and empowering users to make informed choices about their online advertising experiences.

We are committed to:

1. Adhering to TCF Specifications: We ensure that our data processing activities, including but not limited to the collection, storage, and sharing of personal data, adhere to the technical specifications provided by the TCF.

2. Compliance with Applicable Laws and Regulations: We will comply with all relevant laws, regulations, and self-regulatory codes related to data protection and advertising.

3. Ensuring Transparency: We provide clear and comprehensive information about data processing activities to our users, empowering them with the ability to make informed consent decisions.

4. Disclosure of Data Collection and Use: We will provide clear and meaningful disclosures to users regarding the collection, use, and sharing of their data, including the purpose and recipients of such data.

5. Respecting User Consent: We process personal data based on the consent choices expressed by the users through a Consent Management Platform (CMP) compliant with the TCF.

6. Third-Party Data Partners: We will ensure that any third-party data partners we engage with adhere to the same high standards of transparency and user privacy, as outlined in the IAB Transparency Framework.

7. Maintaining Records: We keep detailed records of consent and data processing activities as proof of our compliance and to facilitate any audits or reviews by regulatory authorities or IAB Europe.

8. Continuous Improvement: We regularly review and update our processes, systems, and documentation to align with any updates in the TCF Policies and the evolving data protection landscape.

Effective Date: 13 July 2021 – 11 April 2023

Effective Date: 2 February 2021 – 13 July 2021

Effective Date: 17 November 2020 – 2 February 2021

Effective Date: 21 September 2019 – 17 November 2020

Hurst Media Agency 30 JUNE 2021 — 11 APRIL 2023