These terms apply to all advertising provided to any person (“Advertiser”) by Connections Unlimited or subsidiary (“HK heartbeat”). Advertiser includes a customer or member on whose behalf advertising is placed and any media company or agency that arranges the advertising for its clients.
See also: Terms & Conditions – Print Publications
1. Publication of Advertising
1.1 Subject to these Terms, Connections Unlimited will use its reasonable endeavors to publish advertising (‘advertising’) in the format and in the position agreed with the Advertiser. ‘Advertising’ includes images submitted for publication and content or information relating to published “Advertisements”.
1.2 The Advertiser grants Connections Unlimited a worldwide, royalty-free, non-exclusive, irrevocable license to publish, and to sub-license the publication of, the advertising in any form or medium, including print, online or other. The Advertiser warrants that it is authorized to grant Connections Unlimited the license in this clause 1.
2. Right to Refuse Advertising
2.1 Neither these Terms nor any written or verbal quotation by Connections Unlimited represents an agreement to publish advertising. An agreement will only be formed between Connections Unlimited and the Advertiser when Connections Unlimited accepts the advertising in writing or generates a tax invoice for that advertising.
2.2 Connections Unlimited reserves the right to refuse or withdraw from publication any advertising at any time without giving reasons (even if the advertising has previously been published by Connections Unlimited ).
3. Right to vary Format, Placement or Distribution
3.1 Connections Unlimited will use reasonable efforts to publish advertising in the format and in the position requested by the Advertiser. However, Connections Unlimited reserves the right to vary the placement of advertising within a title or website or to change the format of advertising (including changing colour to black and white).
3.2 Connections Unlimited may distribute interstate or regional editions of a title without all inserts or classified sections.
3.3 Except in accordance with clause 12, Connections Unlimited will not be liable for any loss or damage incurred by an Advertiser arising from Connections Unlimited ’s failure to publish advertising in accordance with a Advertiser’s request.
3.4 If Connections Unlimited changes the press configuration for a publication, Connections Unlimited reserves the right to shrink or enlarge the advertising by up to 10% without notice to the Advertiser or any change to rates.
4. Submission of Advertising
4.1 The Advertiser warrants to Connections Unlimited that the publication of the advertising does not breach or infringe:
(a) any copyright, trade mark, obligation of confidentiality or other personal or proprietary right;
(b) any law of defamation, obscenity or contempt of any court, tribunal or royal commission;
(c) Local and international privacy legislation or anti-discrimination legislation;
(d) any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance).
4.2 The Advertiser warrants that if advertising contains the name or photographic or pictorial representation of any living person and/or any copy by which any living person can be identified, the Advertiser has obtained the authority of that person to make use of his/her name or representation or the copy.
4.3 Advertising containing contact details for the Advertiser must contain the full name and street address of the Advertiser. Post office box and email addresses alone are insufficient.
4.4 Connections Unlimited will not accept advertising that looks, in Connections Unlimited ’s opinion, like editorial material.
4.5 Connections Unlimited will not be responsible for any loss or damage to any advertising material left in its control.
4.6 Advertising submitted electronically must comply with Connections Unlimited ’s specifications. Connections Unlimited may reject the advertising material if it is not submitted in accordance with such specifications.
4.7 Advertising material delivered digitally must include the Connections Unlimited booking or material identification number.
4.9 The Advertiser must not resell advertising space to any third party without Connections Unlimited ’s consent.
4.10 If advertising promotes a competition or trade promotion, the Advertiser warrants it has obtained all relevant permits and indemnifies Connections Unlimited against any loss in connection with the advertising.
5. Classified Advertising
5.1 Connections Unlimited will publish classified advertising under the classification heading it determines is most appropriate. These headings are for the convenience of readers. Connections Unlimited will publish classified display advertising sorted by alphabetical caption and, where space permits, with related line advertising.
6. Online Advertising
6.1 For online banner and display advertising, the Advertiser must submit creative materials and a clickthrough URL to Connections Unlimited at least 3 working days (5 working days for non-gif material) or within such other deadline advised by Connections Unlimited at its discretion before publication date. Connections Unlimited may charge the Advertiser for online advertising cancelled with notice of than 30 days or if creative materials are not submitted in accordance with this clause 6.1.
6.2 All online advertising must comply with Connections Unlimited ’s advertising specifications.
6.3 Connections Unlimited does not measure online display and banner advertising (including impressions delivered and clicks achieved).
6.4 Connections Unlimited is not liable for loss or damage from an internet or telecommunications failure.
6.5 The Advertiser acknowledges that Connections Unlimited may at its discretion include additional features or inclusions such as third party advertisements within online classified advertising.
7. Errors
7.1 The Advertiser must promptly check proofs of advertising (if provided to the Advertiser by Connections Unlimited ) and notify Connections Unlimited of any errors in the proofs or in published advertising.
7.2 Connections Unlimited does not accept responsibility for any errors submitted by the Advertiser or its agent, including errors in advertising placed over the telephone.
7.3 The Advertiser must send any claim for credit or republication in writing to Connections Unlimited no later than 7 days after the date of publication of the advertising.
8. Advertising Rates
8.1 The Advertiser must pay for advertising, unless otherwise agreed, at the casual ratecard rate. Ratecard rates may be varied at any time by Connections Unlimited without notice.
8.2 Eligibility for bonus offers will be based on the Advertiser’s actual advertising spend.
9. Credit and Advertiser Accounts
9.1 Connections Unlimited may grant, deny or withdraw credit to an Advertiser at any time in its discretion. The Advertiser must ensure that its Advertiser account number is available only to those employees authorized to use it. The Advertiser acknowledges it will be liable for all advertising placed under Advertiser’s account number.
10. Payment
10.1 The Advertiser must pre-pay for advertising if required by Connections Unlimited. If advertising is on account, payment must be within 7 days of date of the invoice. If a commercial account has been established with Connections Unlimited, payment must be within 30 days of invoice date.
10.2 If the Advertiser fails to provide the material for a booking by publication deadline, the Advertiser will be charged unless a cancellation is approved by Connections Unlimited. If Connections Unlimited accepts advertising after the deadline, it will be deemed out of specification. The Advertiser has no claim against Connections Unlimited for credit, republication or other remedy for out of specification advertising.
10.3 The Advertiser must pay the full price for advertising even if Connections Unlimited varied the format or placement of the advertising or if there is an error in the advertising, unless the error was Connections Unlimited ’s fault. The Advertiser must pay its electronic transmission costs.
10.4 No refunds will be issued for bookings cancelled the Advertiser.
11. Failure to Pay and Other Breach
11.1 If The Advertiser breaches these terms, fails to pay for advertising or suffers an Insolvency Event (defined in clause 11.2), Connections Unlimited may (in its discretion and without limitation):
(a) cancel any provision of credit to Advertiser;
(b) require cash pre-payment for further advertising;
(c) charge interest on all overdue amounts at the rate 2% above the current Overdraft Base Rate;
(d) take proceedings against the Advertiser for any outstanding amounts;
(e) recover Connections Unlimited ’s costs including mercantile agency and legal costs on a full indemnity basis;
(f) cease publication of further advertising or terminate an agreement for advertising not published;
(g) exercise any other rights at law.
11.2 The Advertiser suffers an ‘Insolvency Event’ if:
(a) The Advertiser is a natural person and commits an act of bankruptcy; or
(b) The Advertiser is a body corporate and cannot pay its debts as and when they fall due or enters an arrangement with its creditors other than in the ordinary course of business or passes a resolution for administration, winding up or liquidation (other than for the purposes of reorganization or reconstruction); or has a receiver, manager, liquidator or administrator appointed to any of its property or assets or has a petition presented for its winding up.
11.3 Connections Unlimited may withhold any discounts or rebates if the Advertiser fails to comply with its payment obligations.
11.4 A written statement of debt signed by an authorized employee of Connections Unlimited is evidence of the amount owed by the Advertiser to Connections Unlimited.
12. Liability
12.1 The Advertiser acknowledges that it has not relied on any advice given or representation made by or on behalf of Connections Unlimited in connection with the advertising.
12.2 Connections Unlimited excludes all implied conditions and warranties from these terms, except any condition or warranty which cannot by law be excluded (‘Non-excludable Condition’).
12.3 Connections Unlimited limits its liability for breach of any Non-Excludable Condition (to the extent such liability can be limited) and for any other error in published advertising caused by Connections Unlimited to the re-supply of the advertising or payment of the cost of re-supply (at Connections Unlimited ’s option).
12.4 Subject to clauses 12.2 and 12.3, Connections Unlimited excludes all other liability to the Advertiser for any costs, expenses, losses and damages incurred in relation to advertising published by Connections Unlimited , whether that liability arises in contract, tort (including by Connections Unlimited ’s negligence) or under statute. Without limitation, Connections Unlimited will in no circumstances be liable for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity.
12.5 The Advertiser indemnifies Connections Unlimited and its officers, employees, contractors and agents (the ‘Indemnified’) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the Advertiser’s breach of these Terms and any negligent or unlawful act or omission of the Advertiser in connection with the advertising.
13. Privacy
13.1 Connections Unlimited collects a Advertiser’s personal information to provide the advertising to the Advertiser and for invoicing purposes. Connections Unlimited may disclose this personal information to its related bodies corporate, to credit reporting agencies and other third parties as part of provision of the advertising and for overdue accounts, to debt collection agencies to recover amounts owing.
13.2 Connections Unlimited does not provide published advertising to third party service providers.
13.3 Advertisers may gain access to their personal information by writing to the Privacy Officer, Connections Unlimited, 30/F Queen’s Road Central, Central, Hong Kong SAR, China. Connections Unlimited ‘s privacy policy is at http://heartbeat.com.hk/fresh/privacy/
14. Confidentiality
14.1 Each party will treat as confidential, and will procure that its advertising agents, other agents, and contractors (‘Agents’) treat as confidential and will not disclose, unless disclosure is required by law:
(a) The terms of this Agreement (including terms relating to volumes and pricing);
(b) Information generated for the performance of this Agreement, including all data relating to advertising schedules, budgets, forecasts, booked advertising, prices or volumes;
(c) Any other information that ought in good faith to be treated as confidential given the circumstances of disclosure or the nature of the information;
(d) Any information derived wholly or partly for any information referred to in (a) to (c) above;
Each party agrees to take all reasonable precautions to prevent any unauthorized use, disclosure, publication or dissemination of the confidential information by or on behalf of itself or any third party.
15. General
15.1 These Terms, with any other written agreement, represent the entire agreement of the Advertiser and Connections Unlimited for advertising. They can only be varied in writing by an authorized officer of Connections Unlimited . No purchase order or other document issued by the Advertiser will vary these Terms.
15.2 Connections Unlimited will not be liable for any delay or failure to publish advertising caused by a factor outside Connections Unlimited ’s reasonable control (including but not limited to any act of nature, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
15.3 Connections Unlimited may serve notice on the Advertiser by post or fax to the last known address of the Advertiser.
15.4 These Terms are governed by the laws of the HK Special Administrative Region.
If you have any questions about this policy or our site in general, please contact us.