Skip to main contentSkip to footer
BINDING CONTRACT TERMS
Subscribe
BINDING CONTRACT TERMS

BINDING CONTRACT TERMS

Updated January 2023

1. For the purpose of these terms and conditions (“T&Cs”), ‘Advertiser’ shall be deemed to refer to the advertised-brand owner or its acting affiliate (“Brand”) or their agent (“Agent”), whichever is the principal party that directly contracts with Hello Ltd (“Publisher”). Where Agent acts as an agent, it represents, warrants and undertakes that it has the authority of Brand to agree to these T&Cs on behalf of Brand, and agrees to the same in both its capacity as Agent and on behalf of Brand such that the latter is legally bound by the same, and further represents and warrants that, in any event, Agent will procure Brand's compliance and fulfilment of these T&Cs in all respects.

2. These T&Cs shall apply to all advertisements, including all competitions, promotions, “advertorials” or similar, accepted by Publisher for publication, either online at hellomagazine.com or any other site agreed in an Insertion Order (each a “Website”) and/or in print in the UK editions of Hello! magazine and/or Hello Fashion Magazine (each a “Publication”) as agreed in an Insertion Order, and regardless of format (including text, graphic, photographic, animated and video content – collectively “Advertising Content”). Any other proposed condition, or any conditions stipulated on an Advertisers order form, or anywhere else, shall be void unless specifically accepted in writing by the Publisher.

3. In the event of any inconsistency between the terms of an Insertion Order and these T&Cs, the terms of the Insertion Order shall prevail.

ADVERTISING, INVENTORY

4. All advertisements are accepted subject to the Publisher’s approval of the Advertising Content and to the inventory being available and must comply with Publisher's technical specification requirements as publicised on hellomagazine.com or as otherwise communicated by Publisher from time-to-time.

5. Publisher cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of Publisher. However, Publisher will use best efforts to comply with the wishes of the Advertiser.

6. The Publisher reserves the right to omit or suspend an advertisement at any time for good reason, in Publisher’ judgement, in which case no claim on the part of any Advertiser for a refund shall arise. Should such omission or suspension be due to the act or omission of the Advertiser, or its servants or agents, then the inventory reserved for the advertisement shall be paid for by Advertiser in full, notwithstanding that the advertisement has not appeared. Such omission or suspension shall be promptly notified to the Advertiser.

7. If the Publisher considers it necessary, for whatever reason, to modify the agreed inventory, or to alter the agreed date or position of advertisements, or to make any other alteration, the Advertiser will have the right to cancel if the alterations requested are unacceptable, unless such changes are due to an emergency or circumstances beyond the Publisher’s control, or are due to the act or omission of the Advertiser. Every care is taken to avoid mistakes, but the Publisher will not be liable for any errors due to third parties, sub-contractors or inaccurate Advertising Content instructions.

8. Unless an Advertiser has been guaranteed in writing, advertisements could appear opposite or adjacent to other advertisements and no compensation will be given.

9.Complaints regarding reproduction of advertisements must be in writing and must be received within one calendar month of on-sale date for print advertising, and within one calendar month of actual campaign commencement date for online advertising. The Advertiser shall be deemed to have irrevocably waived any rights to make any claims concerning complaints beyond such date.

10. Cancellation: Notice in writing is required to stop or suspend the publication of an advertisement at the Advertiser's request. The notice is to arrive with the Publisher 16 weeks prior to publication date with respect to print advertising, and 30 days prior to agreed campaign commencement date with respect to online advertising.

11. If Advertising Content and/or correction instructions are not received by the agreed submission date (which shall be 10 days prior to on-sale date for print advertising publication, and 5 days prior to agreed campaign commencement date with respect to online advertising) no guarantees can be given that either: 

  1. an advertisement will be published; 
  2. or corrections will be made; and the Publisher reserves the right to repeat the most appropriate Advertising Content.

FEES, RATES, PAYMENTS

12. Advertisement rates are subject to revision at any time. With respect to print advertising, orders are accepted on condition that the price binds the Publisher only in respect of the next issue to go to press. In the event of a rate increase, the Advertiser will have the option to cancel the order without surcharge or continue the order at the revised advertisement rates.

13. All Advertisement rates are exclusive of value added tax, which will be added at the prevailing rates(s) when the advertisement is invoiced.

14. If an Advertiser cancels the balance of a contract, except in the circumstances set out in clauses 7 or 12, it relinquishes any right to any discount to which it was previously entitled, and advertisements will be paid for at the appropriate rates.

15. The due date for payment is 30 days from invoice. If accounts are not paid by the due date, the Publisher reserves the right to make surcharges at the rate of 8% plus the Bank of England base rate, or the then-applicable statutory maximum if lower, until payment is made.

16. Publisher may withhold publication of any Advertisement for any Advertiser who has not paid any sums due for any print or online advertising. The Advertiser will remain responsible for all outstanding charges.

17. Charges will be made to the Advertiser where Publisher and/or, in the case of print advertising, the printers, need to carry out extra production work owing to acts or omissions of the Advertiser. The charges will be charged at Publisher’s rates for all work provided in-house and, in all other cases, the rate of the cost to the Publisher plus 10%.

REPS, WARRANTIES, INDEMNITY, LIMITATION OF LIABILITY

18. The Advertiser represents, warrants and undertakes that all Advertising Content for print and/or online advertising, and in the case of all online advertising, any landing page and/or destination site linked from the advertisements (“Advertiser’s Site”):

  1. does not contravene any law or regulation nor is it in any other way illegal or defamatory or an infringement of any other party’s rights, including trademark, copyright, moral, image or publicity rights, nor is it incompatible with the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing, or any other industry self-regulatory or state-regulatory codes or regulations that may apply from time-to-time; 
  2. will be free of any viruses, adware, malware, bit torrents, or similar, and will not cause any adverse effect to the operation of the Websites; 
  3. will be clearly identifiable as a commercial communication, clearly identifying the brand on whose behalf the commercial communication is made, and, where containing a promotional offer, competition or game, that the related conditions will be easily accessible, clear and unambiguous; 
  4. and in the case of Advertiser’s Site, has a conspicuous privacy policy which complies with all applicable data protection and privacy laws, regulations and codes of practice.

19. The Advertiser will indemnify the Publisher fully for all damages and costs of any nature arising with, from, or with respect to any civil, criminal, or administrative claim made against the Publisher concerning an advertisement, and/or for any breach of these T&Cs. Without limitation to the immediately forgoing, the Publisher will consult with the Advertiser as to the conduct of any such claim.

20. Notwithstanding any provision herein, in no circumstances shall the total liability of the Publisher to the Advertiser for any act, omission, error or misprint exceed, at the election of Publisher: either 

  1. the amount of a full refund of the price that corresponds to the Publisher for the relevant advertisement, 
  2. or the cost of a further or corrective advertisement of a similar type and standard to the relevant advertisement. 

In no event shall Publisher have any liability to the Advertiser, by way of reimbursement or otherwise, for any complaints made concerning Publisher content or for any late publication of the same.

MISCELLANEOUS

21. All Advertising Content is held at Advertiser’s risk and should be backed-up and/or insured by them against loss or damage from whatever cause.

22. The Advertiser warrants to maintain strict confidentiality around details of the commercial arrangements between the Publisher and themselves. Should details of any agreed discounts be passed to any third party, the Publisher reserves the right to retrospectively surcharge Advertisers to the full appropriate non-discounted rate as defined by Publisher.

23. These T&Cs and all other express terms of the contract shall be governed and construed in accordance with the Laws of England. All disputes concerning any advertising placed with Publisher, or the pre-contractual arrangements for the same, shall be subject to the exclusive jurisdiction of the Courts of London, England.

CONCERNING PRINT ADVERTISING ONLY

24. With regards to print advertising: 

  1. final print-runs are not decided until one week prior to on-sale, and, consequently, the total amount of magazines printed may vary; 
  2. the on-sale date of any supplements or additional magazines are subject to change due to world or news events or for operational reasons; 
  3. and Publisher may omit advertising from editions that are purely for marketing of sampling purposes.

CONCERNING ONLINE ADVERTISING ONLY

25. Publisher does not guarantee continuous, uninterrupted access by users to the Websites but will use best efforts to provide this.

26. The Advertiser acknowledges and agrees that discrepancies of up to 10% regarding the number of impressions served are common due to technical reasons. Publisher’s, or its contractors', figures for impressions served will be final and binding and will prevail over Advertisers figures.

27. Publisher cannot guarantee the number of impressions. In the event the number of impressions served during a campaign period is more than 10% less than the number of impressions booked by the Advertiser, Publisher shall, as the Advertiser’s sole remedy, and provided the Advertiser has notified Publisher in writing of such under-delivery, continue to serve the Advertisements after the end of the campaign period until the number of booked impressions is reached. Publisher will not be liable for any over-delivery of impressions (including without limitation in relation to any ad-serving costs) unless: 

  1. such over-delivery is 10% or more; 
  2. Advertiser has engaged a paid 3rd party ad server; and
  3. 2 business days have elapsed following Advertiser's notification to Publisher that the agreed guaranteed or capped levels have been reached.

28. The Advertiser shall not do any of the following without the prior written consent of Publisher: 

  1. deploy cookies, beacons, clear GIFs or other similar technologies on the Websites, or in the browsers of users of the Website, or include any of the same in any Advertising Content, 3rd party ad server tags or any other materials delivered to Publisher for use in the performance of the relevant campaign, save that, where the Advertiser uses an approved 3rd party ad server in the execution of such campaign, the relevant 3rd party ad server may use cookies solely for the purposes of frequency capping and delivery tracking, provided that such use is in accordance with all applicable law and generally accepted industry standards, and is otherwise in accordance with the provisions of this clause 28; 
  2. collect any personal data (as defined by applicable data protection law “Personal Data”) from users of the Websites, except where the nature and purpose of such data collection by the Advertiser is expressly disclosed to the user by such party at the time and point of collection and the user has freely consented to the collection and use of such Personal Data including a right to revoke such consent, in accordance with applicable law and the Advertiser’s prevailing published privacy policy; 
  3. collect or use any data regarding the Websites, except that the Advertiser may use anonymous statistical data regarding a campaign that is gathered during delivery or tracking of advertisements pursuant to the applicable Insertion Order (e.g., number of impressions or interactions), provided that such data does not contain or comprise any Personal Data, and does not identify or allow identification of Publisher, the Websites, any brand, content, context, or users of the Websites, and provided further that if such data is to be shared with any third party, such data shall not include or be combined with any details of the relevant campaign (e.g. pricing information, description of advertising activity, placement information, and any targeting information), any Personal Data, or any confidential information of Publisher.

29. Publisher and the Advertiser shall fully comply with their respective privacy policies.

BRAND SAFETY POLICY

INTRODUCTION

Hello Magazine values its advertisers and operates to the highest standards to ensure any ad or site linked via an ad is brand safe. We will make reasonable endeavours to minimise the risk of ad misplacement on our properties.

PROHIBITED CONTENT

The below content categories are prohibited within our properties:

1. Content that violates any applicable law, rule, or regulation;

2. Content that promotes violence, discrimination, hate speech, copyright protection circumvention, or peer-to-peer applications, networks or sites;

3. Content that violates any Intellectual Property Right or other proprietary, privacy, contract or legal right of any third party; 

4. Content that is defamatory, libellous, deceptive, pornographic or sexually explicit;

HOW DO WE COMPLY WITH THE POLICY

We do this by:

1. Ensuring ads or linked sites do not contain material that is obscene, blasphemous, defamatory, infringe third party rights, or which might bring our brands into disrepute.

2. Using our editorial expertise to monitor (and if necessary, exclude) stories which may be inappropriate advertising settings.

TAKE DOWN

In the event that an ad is displayed that is considered inappropriate, we will remove it within 24 hours as from the notification to us in writing.