Terms of Advertising
These terms and conditions (“Terms”), along with any insertion order, constitute the agreement between us and the advertiser for placing an advertisement (“Ad”) in The Nation Wales’s (“The Nation Wales/we/our”) printed or digital publications, including newspapers, leaflet inserts, self-service ads, our digital assets (websites, mobile sites, social media pages), and any third-party digital platforms we are authorized to sell ads on. Each order forms a distinct agreement, and changes to this agreement must be confirmed in writing (by letter, fax, or email). By placing an ad order, the advertiser accepts these Terms, and any additional terms on an agency’s or advertiser’s order form do not apply.
“Advertiser” refers to any individual or organization placing an ad on their behalf or another’s, including agencies, media buyers, ad networks, ad exchanges, and other intermediaries. “Data law” includes all relevant data protection and privacy laws, such as the Data Protection Act 2018, General Data Protection Regulation (EU 2016/679), Privacy and Electronic Communications (EC Directive) Regulations 2003, and Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011.
Terms like “personal data,” “controller,” and “processing” have the meanings defined by data law. “Ad tech” refers to technologies like cookies, pixels, tags, JavaScript, or similar code used for tracking impressions and related data or re-targeting ads. The term “including” should not limit the preceding words. References to statutes include amendments and re-enactments.
Content
All ads must adhere to our deadlines and production and quality standards as updated periodically. The advertiser guarantees that the ad complies with all relevant laws, regulations, and codes of practice, including anti-discrimination laws, fair trading, and the Code of Advertising Practice overseen by the Advertising Standards Authority (“ASA”). We reserve the right to reject or cancel an ad, or require changes, to meet legal, regulatory, or ethical standards; to avoid infringing third-party rights; or to satisfy our technical specifications.
The advertiser further confirms that: i) the ad (including any supplied content such as text or images) does not breach any contract, infringe any third-party rights, or contain libelous material; ii) all necessary licenses and consents for publishing the ad have been obtained and paid for; iii) for investment ads, the content has been approved by, or the advertiser is, an authorized person under the Financial Services and Markets Act 2000 (“FSMA”) or the ad complies with FSMA; and iv) for credit ads, the content complies with FSMA and the Consumer Credit Act 1974.
Payment
Ads will not be accepted without full payment at the time of booking, unless credit terms have been arranged. The price is based on our published rate card on the date of acceptance, plus VAT where applicable, unless otherwise agreed. Ads will not be published if payment is late, but the advertiser remains liable. Late payments will incur interest under the Late Payment of Commercial Debts (Interest) Act 1998 at 8% above the Bank of England’s base rate, plus reasonable administrative costs and a £30 fee for returned cheques or failed direct debits (subject to change).
We reserve the right to adjust advertising rates, with notice where possible, but this will not affect existing contracts. Advertising rates include a levy (currently 0.1%) to support ASA’s work. Credit customers may have their creditworthiness assessed by specialized agencies. All credit accounts must be settled by the 20th day of the month following the invoice date.
Agencies
By placing an order, a media agency confirms: i) it acts as principal with full authority from its client regarding the order; ii) it is responsible for all payments due; and iii) grants us the right of subrogation for any debts owed by its client related to the ad order. Agency commission rates will be specified in a separate written agreement. All agency credit accounts must be settled by the 20th day of the month following the invoice date. We may reject orders from agencies not recognized by us and may require personal guarantees from directors or others in case of agency insolvency.
Box Numbers
We will make reasonable efforts to forward replies to box numbers promptly but are not responsible for any delays or failures beyond our control.
Mail Order
Mail order ads will only be accepted after the advertiser submits a Mail Order Guarantee Form, produced by the News Media Association, before the copy deadline. Please request a copy of the form if needed.
Cancellation
Advertisers may cancel or amend an ad by providing written notice at least 7 days before the first insertion date, or 28 days for premium rate ads (“copy deadlines”). We will attempt to re-sell the space, but the advertiser will remain liable for the full price if the space is not sold, or for the difference if sold for less (with a deduction for any avoided preparatory work). Private advertisers booking remotely may cancel according to relevant law, but no refund is available once preparatory work begins, unless due to our negligence. Advertisers are responsible for the full price in other cases and must repay any unearned discounts on a cancelled ad series or online term. Advertisers can request ad removal partway through an online term but will not receive a refund. If copy is not received by the deadlines, we may use alternative copy and will not be liable if the ad does not appear, with full payment still required.
We may cancel any ad order at any time with reasonable notice before the first or next insertion, entitling the advertiser to a full refund but no further remedy. We may cancel without liability: i) if the advertiser breaches these Terms and the breach is either not remedied or continues after seven days; ii) if we reasonably believe the advertiser is insolvent or at risk of insolvency; or iii) if we decide to discontinue the publication.
We will attempt to accommodate requests regarding ad publication dates and positioning but cannot guarantee them. We have no obligation to provide proof of publication.
Errors
Our total liability for any errors or non-publication is limited to re-insertion of the ad or a proportionate refund. Advertisers must check and are solely responsible for the accuracy of their ads before and after publication and must notify us of errors within 14 days. We are not liable: i) for errors not reported in time; ii) for errors or non-publication unless caused by our negligence; or iii) for errors that do not materially affect the ad. We are not liable for any losses related to the advertiser’s business or fundraising, including lost profit, revenue, reputation, or customers.
Copyright and Branding
Ads are accepted on the condition that we have the right to publish and distribute them in all editions and media. Copyright in materials we create or modify for an ad remains with us. We will take reasonable care of copy, artwork, and photos provided by advertisers but are not liable for their loss or damage, and advertisers should insure their materials. We may dispose of materials after six months unless collected. Advertisers cannot use Newsquest Media Group trademarks or branding without prior written permission.
Self-Service Ads
We may delete or modify ads created through our self-service system. Self-service advertisers are fully responsible for their ads and account activities. They must regularly monitor their ads, report any issues, and cooperate with us to resolve problems. Requests for ad withdrawal must be submitted in writing.
Digital Advertising
For digital ads priced based on online activity, performance reports (using third-party software) will be the definitive measure of performance against agreed delivery obligations, such as impressions or click-throughs. We make no guarantees of performance, and provided we achieve less than 90% of any agreed minimum target and are notified in writing, we may:
- Extend the ad’s delivery window for up to 30 days
- Increase ad positions on the website(s)
- Modify targeting options
- Add other Newsquest sites
- Issue a credit pro-rata based on actual performance against another order from the same advertiser
In case of disputes, we and the advertiser will work to identify and correct inaccuracies and agree on activity during the relevant period.
Digital ad copy must be received at least 48 hours before publication. Late copy will reduce the number of impressions or click-throughs on a pro-rata basis, without a price reduction.
Subject to data law, the advertiser authorizes us to use our cookies and ad tech to collect data on usage, viewing, or clicks. We will own this first-party data.
Advertisers wanting to place their own ad tech on our users’ devices or otherwise in connection with advertising must obtain our prior approval, provide necessary information, and comply with data law and our conditions. Advertisers will be controllers of any data obtained, while we will act as joint controllers, limited to facilitating ad tech placement and assisting with data law compliance. Advertisers must assist us in meeting data law obligations and provide information about their data processing.
For audience extension, advertisers must notify us of specific websites or content types they do not want their ads to appear with, and we will make reasonable efforts to comply. However, we cannot guarantee exclusion.
Limitation of Liability
We are not liable for any loss or damage resulting from the advertiser’s inability to place or fulfill orders, including delays in publication or changes in advertisement content. Our liability is limited to re-insertion of the ad or a proportionate refund. We are not liable for losses related to the advertiser’s business, including profit, revenue, or reputation.
Miscellaneous
These Terms constitute the entire agreement between the parties, superseding all prior discussions and agreements. Any waiver or modification must be in writing. We may assign or transfer our rights and obligations to a third party. These Terms are governed by English law, and any disputes will be subject to the exclusive jurisdiction of the English courts.
Data Protection
We will process personal data in accordance with data law and our privacy policy. Advertisers must comply with data protection obligations related to the ad.