Booking Terms and Conditions

IHS (Global) Limited Advertising Sales Terms and Conditions, April 2009

Definitions:
1. “Flight Date” is the first day on which the Digital advertising commences.
2. “Order Deadline” is the last date on which all the sales orders with respect to advertising should be received by IHS Global Copy Control and Operations Department to ensure the publication of relevant advertisement.
3. “Copy Deadline” is the last date on which all the material with respect to advertising can be supplied to the IHS Global Copy Control and Operations Department to ensure the publication of relevant advertisement or the commencement of advertising campaign.
Cancellations and transfers of the advertisements in Magazines and Annuals + Bi-annuals, can be accepted by IHS Global only if in writing and if received not less than four (4) weeks and six (6) weeks, respectively before the Order Deadline. Any Digital advertising (including Internet, e-mail newsletters or any other electronic media) cancellations must be notified in writing, to IHS Global not less than thirty (30) days before commencement of advertising campaign and any Conference Sponsorships cancellations must also be notified in writing to IHS Global not less than forty five (45) days before the commencement of Conference.
Any deviation with respect to Clause 2 above may be agreed at a sole discretion of IHS Global at an additional charge.
IHS Global cannot be held responsible for alterations or corrections to proofs if returned after the specified Copy Deadline.
All production work handled by IHS Global, including creation/reproduction of advertisement, will be charged to the advertiser/its agency and shall be included in the invoice.
IHS Global at its sole discretion, reserves the right to refuse or cancel any advertisement without reason or notice or to alter/postpone the publication date of print advertisement or the Flight Date of Digital advertisement or the commencement date of Conference Sponsorships.
IHS Global cannot take any responsibility for the accuracy of advertisement copy instructions given verbally to IHS Global.
Advertisers' or its agency’s material is held by IHS Global at the owner's risk. IHS Global will retain film/PDF version or other digital material for up to twelve (12) months and reserves the right to destroy them thereafter.
IHS Global is not responsible for any loss howsoever occasioned, as a result of delay or failure to publish any edition of Magazines and Annuals + Bi-annuals or to release any campaign in the case of Digital Advertising and Conference Sponsorships; however where any such edition/campaign is published/released later than as scheduled, the advertiser/ ts agency must pay at the stipulated rate for all the advertisements which have in fact been published/released.
The advertiser/its agency hereby warrants to IHS Global that its advertisements do not in any manner whatsoever, infringe any third party’s existing intellectual property rights including copyright; that the advertisements contain nothing objectionable, indecent or libellous, and hereby indemnifies IHS Global, at all times, against any claim, loss, injury or damage which may be occasioned to/against IHS Global in consequence of any breach of this warranty arising from the placing of its advertisement in the IHS Global publications/from commencement of any advertising campaign or otherwise.
Each invoice rendered by IHS Global to the advertiser or its agency shall be paid within thirty (30) days of the date of the invoice. Should any invoice remain unpaid after the expiry of said thirty (30) days, then IHS Global reserves the right to charge interest on the outstanding invoice at the rate of 5% per annum above HSBC bank’s base lending rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount. The interest shall be paid immediately on demand by IHS Global. Notwithstanding the above provisions, where the advertising agency fails to pay by the due date and the amount owing remains unpaid for one month or more after due date, IHS Global shall have a right (a) to make 5% reduction on the gross rate for calculation of any commission otherwise allowed to agencies; and/or (b) at its option, to recover payment in full directly from the advertiser, unless the advertiser has already paid its agency. In the event that IHS Global receives such payment from the advertiser, IHS Global shall, subject to any other claims it may have against the agency remit to the agency forthwith on receipt of payment, the commission due to the agency calculated in accordance with sub-clause (a) above. Without prejudice to the above rights, where there is a delay in the payment by the due date with respect to the Digital advertising by advertiser/its agency, IHS Global shall have the right to withdraw the Digital advertisement from the web site (unless otherwise agreed by IHS Global and confirmed in writing).
1. A complimentary copy of the Magazine will be provided for each advertisement therein, for the personal use and retention by the advertiser or its agency.
2. Advertisers placing a full or half page advertisement either by themselves or through its agency in the Annuals + Bi-annuals shall receive one complimentary copy of such books, which will be sent directly to the advertiser and which shall be for the personal use and retention by the advertiser only. The agency shall receive a tear sheet of the advertisement, for their record.
3. The export, re-export or transfer of the Magazines and Annuals + Bi-annuals may be controlled by U.S. and UK export control laws and in the event, the advertiser/its agency decides to transfer abovementioned complimentary copy(s), the advertiser/its agency shall ensure that such transfer/export is not prohibited and is in compliance with the U.S., UK and any other applicable nation laws.
Should the advertiser/its agency fail to supply advertisement material of an acceptable standard or instructions by the specified Copy Deadlines for any issue or edition/campaign, and has not cancelled or amended the issue date/Flight Date as the case may be, as originally made, then IHS Global reserves the right to charge the full cost of the advertisement booked.
IHS Global may charge to the advertisers' or its agency account the cost of enforcing any of its rights against it for non payment of outstanding amount in accordance with payment terms as stated under Clause 11 above including any expenses incurred by reason of the its breach of these terms and conditions. Should IHS Global refer an outstanding account to either a debt collection agency or solicitors for collection, then any further business to be transacted with that advertiser/its agency would be handled on a pro forma basis.
The advertiser/its agency acknowledges that under the laws of the U.S and of all countries where IHS Global does business, it is unlawful for IHS Global directly or indirectly, to make any payment or to give anything of value to any foreign official (other than a foreign official whose duties are essentially administrative or clerical and who has no decision-making authority) or to any foreign political party, any official of a foreign political party or any candidate for foreign political office for the purposes of influencing any action or failure to take action on the part of such person in connection with the obtaining, retaining or directing of business to any person or company. The advertiser/its agency will not, directly or indirectly, make any such payment in relation to subject matter of these terms and conditions.
In the event of breach of any of the provisions of these terms and conditions by IHS Global, IHS Global total aggregate liability for any damages/losses incurred by the advertiser/its agency arising out of such breach shall not exceed at any time, the amount already paid for the related advertisement by such advertiser/its agency. In no event, IHS Global shall be liable for any indirect, special or consequential damages of any kind or nature whatsoever, suffered by the advertiser/its agency, including, without limitation, lost profits or any other economic loss arising out of or related to the subject matter of these terms and conditions.
These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of English Courts.