New Statesman Terms and Conditions
Here are the terms and conditions (the legal notice) which will apply to you when you use this site and the content found on it.
By visiting our site you are legally accepting these terms. If you are not willing to accept them, we would ask that you leave the site immediately. We have tried to avoid the usual legal jargon and make them as easy to understand as possible - they are important so please read them carefully.
Commercial agreements between the New Statesman Limited and its subsidiaries (the Publisher) and individuals or organisations whether as principle or agent (collectively called the Client) will be governed by the terms and conditions set out below.
This text is written so as to be clear and meaningful. In the event of any doubt or misunderstanding advice should be sought.
The commercial agreements (the Order) covered by these terms and conditions include but are not limited to advertising, sponsorships, event organisation, project management, design, digital publishing and brand promotion (the Work).
The Client may give the Order to the Publisher verbally, electronically or in writing. The Publisher will act in good faith on receipt of the Order and will consider the Order to be a binding agreement. For the sake of clarity a signed agreement document should be presented to the Publisher prior to the commencement of any work undertaken by the Publisher on behalf of the Client. Changes to the contract can only be made in writing. The client must obtain written acknowledgement of the change.
The Publisher will act in good faith at all times and will keep the Client informed with regard the Work. The Client will also act in good faith and similarly keep the Publisher informed.
- 1) Indemnity.
The Client agrees to indemnify and hold harmless the Publisher from any claim arising out of the publication of any material given to the Publisher for use in the Work.
- The Publisher has the right to refuse to use any material supplied by the Client.
- In order to satisfy the requirements of the Office of Fair Trading and the Trade Descriptions Act the Publisher reserves the right to insert the word Advertisement or text of a similar meaning alongside any material used by the Publisher in the Work.
- The Publisher will not be held responsible for any costs or damages beyond the agreed fee charged to the Client by the Publisher where the Client has prepaid such fee.
- 2) Payment.
All fees are payable within 30 days of the date of invoice. Although the Publisher will invoice a third party if asked the Publisher draws attention to the fact that to the furthest extent permitted by law the Principle is ultimately liable and responsible for all outstanding payments due for the Work. Even in the event of default by an Agent.
- If the Client has been granted a discount (for example for a series booking) but does not pay the Publisher reserves the right to revoke the discount so that the Client is liable for the full price of the advertisement.
- Where the Client fails to complete a series booking of display advertisements a charge equal to the series discount amount will be made.
- To the furthest extent permitted by law should your account fall overdue then interest will be charged at a rate of 3% per annum above Lloyds TSB PLC’s base lending rate from time to time in force together with compensation for debt recovery costs pursuant to the provisions of The Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by The Late Payment of Commercial Debts Regulations 2002. This will be calculated on a daily basis from the due date to the actual payment date.
- 3) Cancellation.
Trading considerations and scheduling requirements mean that cancellation of an Order by the Client is not usually allowed. However, when cancellation is allowed the following conditions apply:
- All advertising (including but not limited to Display, Classified and Lineage advertising in the New Statesman magazine and related publications and electronic advertising) can only be cancelled by sending a written cancellation note no later than 30 days before the closing date to the Publisher. The Client must obtain written acknowledgement of receipt of the cancellation.
- Series discounts will be revoked and an additional charge will be made to cover the difference.
Where the Publisher undertakes work in advance of publication or for Work that does not involve publication, then:
- For event organisation: cancellation less than eight weeks prior to the event date is subject to a penalty of 80% of the whole amount of the fee.
- For digital or interactive or Internet-based projects: cancellation less than eight weeks prior to the commencement date is subject to a penalty of 90% of the whole amount of the fee.
- For special reports, supplements and bespoke publishing projects: cancellation 26 weeks prior to publication date does not incur a penalty. Cancellation 10 weeks prior will incur a 50% penalty. Cancellation 8 weeks prior to publication will incur an 80% penalty.
- When the Client orders the Publisher to perform work involving more than one medium then the notice of cancellation period without penalty is the longer of the stated notice periods.
- 4) Performance.
The Publisher will take all reasonable care to ensure that the Work is carried out in accordance with the Order. In particular the Publisher will pay attention to timeliness, print quality, confidentiality, copyrights and similar intellectual property rights, advertising positions and health and safety. However, note should be taken that:
- The positioning of an advertisement is at the discretion of The Publisher except when the Client has paid the preferred position charge and The Publisher has confirmed the availability of this position in writing.
- The Publisher will not return any materials submitted by the Client unless by prior written agreement. The Publisher reserves the right to dispose of any materials supplied by the Client after use.
The Publisher is not responsible for errors, mistakes or mishaps in the execution of the Work except where such occur through:
- the express action or inaction of the Publisher when
- such might have been reasonably prevented and
- such is reasonably within the control of the Publisher.
- 5) Responsibility.
- The Client has a responsibility to take all necessary steps so that the Publisher can successfully carry out the Order. In particular the Client must pay attention to timeliness, confidentiality and the quality and suitability of the materials supplied to Publisher.
- 6) Ownership.
Except when expressly informed by the Client all materials supplied for use by the Publisher in the execution of the Work will be supplied free of charge. Also:
- The Publisher will assume the right to use all such materials without limit;
Except when otherwise agreed ownership of copyrights and similar intellectual property rights over all Work produced in the execution of the Order will be assigned to and rest with the Publisher;
- This does not of course apply to established Trade Marks and other symbols already owned by the Client.
- No use of protected materials assigned to or owned by the Publisher is allowed without the express written permission of the Publisher.
- 7) Dispute.
The laws of England and Wales govern all Orders. The English Court shall be the proper forum for any action commenced either by The Publisher or by the Client.
- All reasonable steps will be taken to resolve any dispute prior to legal action.
- Complaints seeking damages of any sort must be made in writing within four days of completion of the Work or the execution of the Order. The Client will lose the right to any compensation if complaints are not made promptly.
- You agree that there have been no guarantees made by us for this advertisement and that no employee of the New Statesman Limited has made a promise or commitment that does not appear here. You agree to indemnify and hold New Statesman Limited and any of our officers, employees and agents harmless from and against all and any claims, liabilities, expenses, losses, costs or damages incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from any violation or infringement of third party rights, or any breach of any of these terms and conditions.
- 8) Supension
- In the event that you fail to pay any sums due to us under this contract, and such sums remain outstanding to us for more than forty five (45) days from invoice, we reserve the right in our absolute discretion to immediately (i) suspend your use of our advertising services and any materials we have provided under your contract and/or your advertising space on our website; and/or (ii) remove your advertisement(s) and all your materials (including without limitation your trade marks, logos and white papers) from our website. Upon your payment of any such outstanding sums owed to us, we may in our sole discretion allow you to resume any or all of the foregoing uses in relation to our advertising services and advertising space on our website, and shall inform you of our decision in writing. If your service with us should be reinstated and allowed to resume, then your contract period shall thereafter be the remainder of the subscribed period from the date of reinstatement until expiration (as if the contract had not been suspended). This shall not in anyway affect or prejudice our right to terminate the contract or any other rights or remedies available to us.
- 9) Force Majeure
- We will not be liable for any delay or failure to perform any obligation under this Agreement due to any event beyond our reasonable control, including but not limited to, earthquake, fire, flood or any other natural disaster, labour dispute, riot, revolution, terrorism, acts of restraint of government or regulatory authorities, failure of computer equipment and failure or delay of services and platforms used to operate our electronic media.
- 10) Terms & Conditions
The Terms & Conditions above are binding and form an integral part of the legal contract that is considered to exist be the Publisher and the Client from the time of the Order. Other terms and conditions may be applied if agreed in writing and signed by the Publisher's executive management. In addition:
- Any waiver of any of the points written above does not mean that all the other points do not still apply. Nor that the waived point may not be re-applied.
- You are welcome to view and print hard copies of anything on the site for personal use. However you are not allowed to copy or use anything on our site for any other purpose, unless authorised by the New Statesman. This includes not only business and commercial but also educational purposes. We also state that you are not allowed to modify, distribute or re-post anything from our site at all.
- If you quote a part of any article on this website you must, in all instances: a. provide a citation for New Statesman with a link back to the site's homepage and, b. provide a link back to the article or blog post in question.
- We try to make sure that our site is well maintained but we cannot guarantee that it is free from viruses or defects, or that your use will not damage your computer. Nor do we take any responsibility for damage to any other equipment due to down loading any material from the site. Neither will you be able to claim against anyone who may have helped us put it together.
- We cannot guarantee that the site will always be available without interruptions - as we do make changes to the site frequently and may have to take the site down, without warning, at any time.
- We also try to make sure that everything on our site is as accurate as possible but we do not promise that it is, or take responsibility for, any mistakes that we may have made - you use our site at your own risk.
- We take no responsibility for any views, omissions or errors found on our site, and assume no responsibility for its contents.
Other Web Sites
- We cannot take responsibility for, or endorse the content of, any other web site you may access through our site. The links are provided as a means of assistance and convenience to those accessing our site.
The aim of the site is to promote informed and civilised discussion, therefore:
- Information should not be transmitted within the site that is in any way libellous, obscene, discriminatory, defamatory, seditious, blasphemous, threatening to other individuals, in breach of copyright or confidentiality, or otherwise unlawful.
- Users are legally responsible for what they submit to the site and accept full and unlimited liability for their submissions. Furthermore, by submitting material for inclusion, the user hereby agrees to indemnify the New Statesman and associated partners and commercial suppliers of services against all claims (damages, losses and compensations) resulting from their submission.
- In so far as is lawful, submission of material for publication by electronic or other means by the New Statesman or an associated Company constitutes the assignment of Intellectual Property ownership rights from the originator to the Publisher.
- No liability extends to owners of the site or organisations, partners or individuals explicitly directed by such owners for the purposes of developing, managing or otherwise supervising the site.
- All messages should include the full name and return e-mail address of the message sender.
- All messages and submissions may be edited or removed at the discretion of the site owner or site moderator.
No refunds are paid on quarterly subscriptions. Annual subscription refunds are only available if the claim is made within four weeks of renewal. If otherwise appropriate, claims for refunds must be made in writing and are subject to an administration charge of GBP15.
In the event of any dispute with us, these terms and conditions will be governed by English law. If any one of these terms are considered unlawful then they shall be deemed severable and shall not affect the validity and enforcement of the remaining terms or conditions.