1. These terms and conditions (the “Conditions”) apply to all advertisements, insertion orders, drafts and mock-ups (“Advertisements”) submitted to Frontera Group for publication on Frontera Group’s website or its related direct e-mail subscription service or other related electronic services (“the Website”). An Advertisement shall include all advertisements, ad banners, text advertising messages or other material submitted to Frontera Group for publication on the Website.
2. The placing with Frontera Group of a booking for the insertion of an Advertisement in the Website will amount to acceptance of these Conditions by the party placing the booking (“Buyer”). Any other conditions stipulated by the Buyer either before or after the relevant Advertisement has been submitted, shall be void to the extent they are inconsistent with the Conditions. In these Conditions the “Advertiser” means the legal person either advertising the products or services promoted in the Advertisement or making the announcement contained in it.
3. If the Buyer is acting as the advertising agency or media buyer for the Advertiser or in some other representative capacity, the Buyer warrants that it is authorised by the Advertiser to place the Advertisement with Frontera Group and will indemnify Frontera Group against any claim made by the Advertiser against Frontera Group arising from its publication. The Buyer must pay for the Advertisement irrespective of whether the Buyer has been paid by the Advertiser in respect thereof.
4. The submission of an insertion order for an Advertisement is an offer to contract not merely a reservation of space and can be rejected at any time by Frontera Group up to the time of actual publication on the Website. Frontera Group accepts an Advertisement for publication only by publishing the Advertisement on the Website and in no other manner. Prior to publication, no Advertisement has been accepted for publication and all Advertisements are subject to rejection at any time. An insertion order that has been submitted to Frontera Group can only be withdrawn, cancelled or changed if at least 30 days’ prior written notice is given to Frontera Group.
5. All payments for an Advertisement are due in advance until credit approval by Frontera Group has been established and thereafter invoices are payable within thirty days of the date of invoice. If payment for any Advertisement is not made by the due date, Frontera Group may unilaterally terminate the booking immediately and withdraw the Advertisement from the Website. A 1.5% per month handling charge will be applied to all delinquent accounts outstanding after 30 days and any legal costs incurred in the collection of payment will be borne by the Buyer.
6. Frontera Group reserves the right to require that a pre-payment, bank guarantee, or other collateral security is furnished as a condition of accepting any booking.
7. It is the responsibility of the Buyer to ensure that every Advertisement conforms to all advertising standards, applicable laws and other regulations and does not contravene any third party’s rights. Publication of the Advertisement on the Website does not constitute acceptance by Frontera Group that the Advertisement does so conform and Frontera Group has a continuing right to require the Buyer to change or modify the Advertisement to the extent it deems necessary to conform to such requirements. Frontera Group reserves the right to withdraw the Advertisement from publication at any time without liability to any person if it considers in its absolute discretion that the Advertisement or any material to which users can link through the Advertisement fails to conform to the above requirements or is inappropriate for or unsuited to the editorial policies of Frontera Group.
8. Buyer shall procure that (1) no Advertisement will place or cause to be placed a cookie or any other tracking or monitoring code on any computer or device of a user of the Website unless it obtains Frontera Group’s, and that user’s, explicit prior permission and (2) all Advertisements fully comply the EU Directive 2001/58 on Privacy and Electronic Communications as amended by Directive 2009/136.
9. To the full extent permitted by law, Frontera Group will not be liable for any loss or damage, whether direct or indirect, including consequential loss or any loss of profits or similar loss, in contract or tort or otherwise, relating to the Advertisement or these Conditions or any error in the Advertisement or any failure of the Advertisement to appear on the Website from any cause whatsoever.
10. The Buyer will be responsible for all charges, costs and expenses relating to the publication of the Advertisement on the Website, including production costs and the cost of any changes or modifications, throughout the whole period Frontera Group has agreed to publish the Advertisement on the Website. The Buyer will remain liable for all agreed charges throughout any time during which the Advertisement is withdrawn from publication. Agreed charges are exclusive of any applicable sales tax, value added tax or other tax or duty, which may be imposed by any relevant taxation authority and are payable by the Buyer. The Buyer will be responsible for the insurance of any artwork and other material delivered to Frontera Group and Frontera Group cannot be responsible for any loss or damage. Frontera Group reserves the right to charge the Buyer for all costs and expenses incurred in changing or modifying any Advertisement that does not conform in every respect to the technical specifications for the Website (which can be supplied on request) or which contravenes (in the opinion of Frontera Group) any of the requirements set out in these Conditions or is inappropriate for or unsuited to the editorial policies of Frontera Group.
11. The Buyer is solely responsible for any liability arising out of publication of the Advertisement or relating to any material to which users can link though the Advertisement.
12. The Buyer warrants that the Advertisement complies with all national and international legal and regulatory requirements and codes of practice (whether voluntary or obligatory), in all jurisdictions in which the Advertisement will appear. Without limiting the generality of the foregoing, the Buyer also warrants that the Advertisement: does not contain any libellous, inaccurate, misleading or false material; does not unfairly prejudice the legitimate interests of any third party or infringe or violate any copyright, trade mark or other personal or proprietary right of any person or render Frontera Group liable to any proceedings whatsoever; complies with all applicable content and approval requirements of the Financial Services and Markets Act 2000 in the UK, the Buyer forthwith on Frontera Group’s request to provide written confirmation of any required approval; and complies with all applicable state and federal laws of the USA including laws relating to the offer or sale of securities.
13. The Buyer shall indemnify Frontera Group fully and hold it harmless against any and all losses, claims, damages, costs (including legal costs) or liabilities which Frontera Group may incur as a result of (i) Frontera Group’s publication of the Advertisement and (ii) without prejudice to the generality of the foregoing, any breach or alleged breach of any of the warranties set out in Section 12 above.
14. The Buyer may not assign or transfer these Conditions, in whole or in part, without Frontera Group’s prior written consent. Any attempt to assign these Conditions without such consent will be null and void.
15. The Buyer shall pay all taxes related to the Advertisement.
16. This agreement will be governed by and construed in accordance with the laws of Singapore and for Frontera Group’s benefit the Singapore courts shall have non-exclusive jurisdiction in respect of any dispute arising.
17. This agreement is the complete and exclusive agreement between the parties relating to its subject matter, superseding and replacing all prior agreements, communications, and understandings (both written and oral), provided that all pricing will be governed by Frontera Group’s rate card, whether printed on paper or electronically. Terms and conditions on any insertion order or booking form supplied by the Advertiser will not be accepted as part of these Conditions. This agreement may only be modified, or any rights under it waived, by a written document signed by both parties. In view of the global nature of Frontera Group’s circulation we ask all advertisers to be sensitive to the world’s various cultures.