TERMS AND CONDITIONS
These terms and conditions apply in respect of all print and digital advertising that is provided by newspapers published by Free Daily News Group Inc. and Atlantic Free Daily Newspapers Inc., a subsidiary of Free Daily News Group Inc. and Transcontinental Nova Scotia Media Group Inc. (collectively these are the “Publisher”) Insertion orders are accepted subject to these terms and conditions. Terms, conditions, rates or agreements not set out in these terms and conditions or in our current rate schedules are not binding on the Publisher, unless otherwise mutually agreed in writing.
These terms and conditions are deemed to be incorporated into every advertising contract between Publisher and advertiser/agency. Submission of advertising subsequent to receipt of such a contract or of these terms and conditions constitutes acceptance of these terms and conditions.
Deadlines to place and cancel advertising may vary depending on placement of advertising and printing schedules. Deadlines to place and cancel advertising may vary depending on placement of advertising and printing schedules. JPEF/GIF creative must be received by the Publisher at least 3-5 business days in advance of publication date. All rich media must be received by the Publisher at least 5 business days in advance of publication date. Any creative change orders must be made in writing, acknowledged, and received by the Publisher at least 5 business days in advance of requested change date. Unless otherwise agreed to by the Publisher, creative change orders cannot be submitted more than once every 14 days. Advertisement specifications will be provided by the Publisher and such specifications may be amended by Publisher at any time on notice to advertiser. The Publisher adheres to IAB CANADA STANDARD TERMS AND CONDITIONS AND LATE CREATIVE POLICY FOR INTERNET ADVERTISING effective March 1st, 2008 with regards to late creative.
Rates quoted are for all advertising and Publisher reserves the right to classify all advertisements. Applicable taxes are extra. A valid contract must be in place in order to obtain contract discounts. Contingent orders will not be accepted.
Extension of credit to advertising agencies is based on the agency’s acceptance of liability for all advertising placed by it and billed to its account. No endorsement, statement or disclaimer on any insertion order, cheque or otherwise, shall act as a waiver of this condition. Notwithstanding anything to the contrary in any insertion order, the advertiser and the agency shall be jointly and severally liable to Publisher for payment.
All advertising must be prepaid in advance, subject to extension of credit approval. The withholding of credit approval by Publisher shall not relieve advertiser from complying with these terms and conditions. Where credit terms are granted by Publisher, accounts are due and payable when rendered. Accounts are considered past due if payment is not made by the end of the month following billing. Payment in foreign currency must be made at the prevailing Canadian rate of exchange. Failure to comply with credit terms and/or to pay invoices may result in the curtailing or withdrawal of credit privileges, and in Publisher ceasing to accept advertisements from advertiser/agency. The Publisher may, at its discretion, and at an additional cost to advertiser, provide access to paper invoices rather than electronic invoices. The Publisher may, at its discretion and at an additional cost to advertiser, provide access to paper images of the applicable pages for retrieval by advertiser.
Publisher may increase advertising rates at any time and all contracts are accepted subject to this condition. The advertiser may cancel any contract without short rate penalty on notice within 15 days after higher rates are made effective by Publisher.
Advertisers will be charged for space occupied from cut-off rule to cut-off rule, not exceeding space ordered. The printing of key codes used to track coupon redemption is not guaranteed. If the publication is restricted or curtailed in any way, rates quoted here or in any contract and the size or placement of any advertisement shall be subject to modification without notice by the Publisher. Press limitations or other causes may require Publisher to limit the availability of colour, insert distribution and other special classifications on selected occasions during the year.
The Publisher reserves the right to revise, reject, discontinue or omit any advertisement, or to cancel any advertising contract, for reasons satisfactory to the Publisher without notice and without penalty to either party. If, in the Publisher’s opinion, revisions are required to any advertisement prior to publication, the Publisher will notify advertiser. The Publisher may insert the word “advertisement”, “advertorial” or “advt.” adjacent to any copy.
Unless otherwise mutually agreed in writing, all advertising positions are at the sole option of Publisher. Publisher will try to comply with position requests and other stipulations that appear on insertion orders, but cannot guarantee that such requests will be honoured. Adjustments, reinstatements or refunds relating to the position and/or section in which an advertisement has been published are at the sole discretion of Publisher.
Advertiser is responsible for ensuring the accuracy of all proofs and corrections to proofs. The liability of the Publisher for damage arising out of errors in advertisements is limited to the amount paid for the space actually occupied by the portion of the advertisement in which the error occurred, whether such error is due to the negligence of the Publisher’s employees or otherwise. The liability of the Publisher for damage arising out of non-insertion of any advertisement is limited to the amount received by the Publisher for such advertisement, whether such non- insertion is due to the negligence of the Publisher’s employees or otherwise. The Publisher accepts no responsibility for loss of profit or any type of damages whatsoever, including any arising from the exercise of any of its rights, non-insertion of any advertisement or any error made in any advertisement whether such error is due to the negligence of the Publisher’s employees or otherwise. If an error is made by the Publisher, which in its judgement materially affects the value of an advertisement, a corrected advertisement will be inserted once upon demand without further charge. Such “make good” insertions will not be granted on minor errors, which in the Publisher’s judgement do not lessen the value of the whole advertisement, or where the advertisement has been placed past the Publisher’s deadlines for submission.
The advertiser agrees to defend and fully indemnify the Publisher for any losses or costs incurred by the Publisher as a result of publishing any advertisement which is libelous or misleading, is in violation of anti-spam legislation (including Bill C-28), or otherwise subjects the Publisher to liability. This indemnity shall apply to all advertisements published, even if produced by the Publisher on behalf of the advertiser. The Publisher expressly disclaims all warranties, representations and conditions of any kind, express or implied, by statute or otherwise, to the fullest extent permitted by law. All of the Publisher’s limitations of liability and disclaimers set out in these terms and conditions shall apply notwithstanding the breach of a fundamental term or condition or a fundamental breach.
All materials produced by the Publisher will remain the property of the Publisher. Copyright in such materials shall be owned by the Publisher. The Publisher will not be responsible for the return of materials supplied by the advertiser unless return delivery instructions are received when the
advertisement is placed.
Deadlines are subject to change. Please confirm deadlines with your Publisher sales representative.