Terms of Business

  1. All advertisements are placed and all orders are accepted subject to the terms and conditions as hereinafter set out provided that South China Morning Post Publishers Limited (SCMP) expressly reserves its right to amend, vary, replace or cancel any of such terms and conditions without prior notice to the advertiser and the advertiser is deemed to have express knowledge of and be bound by such terms and conditions. No terms sought to be applied by the advertiser to any order for advertising shall be binding upon SCMP. Advertising orders for space will not be considered as contracts.
  2. SCMP reserves the right to reject, decline or refuse to publish in whole or in part of or the right to amend any advertisement (whether in print or digital version) with or without notice to the advertiser where in SCMP sole opinion SCMP considers necessary or desirable, and SCMP shall not in any way be liable for any loss or damage arising as a result of non-publication or amendment as aforesaid (nor shall any refund of or deduction from the costs of the advertisement or any other compensation be granted by SCMP to the advertiser in the event of such non-publication or amendment). SCMP accepts no liability whatsoever for any omission or inaccuracy or failure of colour printing in any published advertisement whether or not a proof has been supplied and whether or not such omission or inaccuracy or failure is attributable to the neglect or default of SCMP, its employees, directors, officers, consultants, agents and contractors. Where the advertiser requires that its name and address or other information shall not be disclosed and SCMP shall have been so notified by the advertiser on placement of its order SCMP shall use reasonable endeavours to ensure the same except such information (i) becomes public knowledge through no fault of SCMP or SCMP’s employees and/or officers (where applicable); or (ii) is required to be disclosed by law, any regulatory or governmental authority or pursuant to a judicial order.
  3. SCMP shall have the absolute right at any time to determine, adjust or vary the rate of charges and classification applicable to all advertisements placed. Published rates and charges and those set out on any order form or acknowledgement may be varied by SCMP at any time without notice prior to invoicing. Quotations given by SCMP shall not in any way be binding on SCMP.
  4. Acceptance of an advertisement for publication does not constitute a binding commitment or any representation or warranty on SCMP’s part to publish the same either at all or on any specified date or dates and does not constitute nor create any representation or warranty that SCMP endorse the content or accuracy of the same. SCMP shall not be liable for any loss, costs or expenses incurred by non-publication (including non-publication attributable to strikes, lock-outs, mechanical or production difficulties or any other cause beyond the control of SCMP) or by publication of an advertisement cancelled in accordance with provisions of Clause 8 hereof or publication on a date or position or manner materially different from that specified by the advertiser on placement of its order. SCMP’s liability shall in case of non-publication be limited to refund of the charge of the advertisement and in all other cases as aforesaid SCMP shall have the option either to grant a refund of such proportion of the charge as shall in SCMP’s sole opinion be reasonable or in lieu of such refund and at SCMP’s absolute discretion to publish the advertisement as soon as reasonably practicable. In the case of colour advertisements, publication shall be deemed correct unless more than 10% of copies circulated have incorrect colour(s). The advertiser shall be obliged to furnish SCMP with reasonable evidence of this within 48 hours of publication.
  5. SCMP shall use reasonable endeavours to accept orders if they are received at the location and by the time specified by SCMP from time to time for that type of advertisement. All advertisement copy and artwork must be received by the latest receipt time specified by SCMP which may be varied by SCMP without notice and SCMP shall have the right to refuse to accept any orders or to decline or refuse to publish any orders if the advertisement copy and artwork of such orders shall not have been received by SCMP by the latest receipt time as aforesaid and SCMP shall in no event be liable for any loss or damage arising as a result of non-publication hereunder.
  6. Advertisements of certain sizes and shapes only are normally accepted but advertisements of other sizes and shapes may be accepted subject to special terms.
  7. To the extent permitted by, and in accordance with all applicable laws, rules and regulations, SCMP shall take reasonable steps to ensure that competitive advertising does not appear on the same page or facing pages. However due to space limitations no assurance of any kind can be given and SCMP shall not be under any liability whatsoever if the same occurs.
  8. Cancellations will be accepted if noticed in writing by the advertiser and received by SCMP at its Head Office before the time specified by SCMP from time to time as the order deadline in accordance with the provisions of Clause 5 hereof.
  9. Artwork for advertising material must be fully pasted up and presented to SCMP as positive film or as digital file in such format as SCMP may from time to time direct. Large areas of solid black may be stripped or lined at SCMP’s absolute discretion.
  10. Late delivery of copy/artwork or non-compliance with cancellation procedures specified as aforesaid will result in forfeiture of the space booked and, in addition, SCMP shall have the express right to recover from the advertiser the full cost of the advertisement placed.
  11. SCMP shall not accept any responsibility for damage to or loss of artwork or any other documents or material supplied for the purpose of an advertisement. Advertising material not claimed within three months of the publication date or proposed publication date will be disposed of without further notice.
  12. In the event that the collaboration between SCMP and the advertiser and/or its advertising agent(s) hereunder involves the use, access, handling or otherwise of any personal data, the advertiser and/or its advertising agent(s) warrants and undertakes that: (i) they shall comply with all relevant law, rules and regulations including but not limited to the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong); (ii) they shall obtain the consent from the data subject to transfer their personal data to SCMP for the purpose of this Terms of Business; (iii) they shall not retain such data longer than necessary for the purpose(s) as authorized and shall take all reasonable measures to prevent any unauthorized and/ or accidental use, access, erasure, loss, modification or processing of the same; (iv) they shall be solely and fully responsible for any complaint or claim from any individual and/or entity regarding use of its or their personal data; and (v) they shall indemnify SCMP for any and all loss, damage, suits, costs and liabilities which may be incurred by or brought against SCMP in relation to (a) breach of any provision of this Clause 12 by the advertiser and/or its advertising agent(s), and/or (b) any complaint or claim as referred to in Clause 12(iv) above.
  13. The advertiser and/or its advertising agent(s) shall indemnify and keep indemnified SCMP, its directors, officers, employees, agents and contractors (collectively the “Indemnified Parties” and each an “Indemnified Party”) in respect of all loss, damage, costs and expenses including legal fees arising directly or indirectly from: (i) the publication of an advertisement on instructions from the advertiser and/or its advertising agent(s); (ii) a breach of any of the terms, conditions or warranties hereunder by the advertiser and/or its advertising agent(s); and (iii) any third party claims against any of the Indemnified Parties because of (i) or (ii) above. In any case where a claim is or may be made or threatened against any of the Indemnified Parties which SCMP knows of, SCMP will give notice in writing to the advertiser and/or its advertising agent(s) and will take reasonable steps to consult with the advertiser and/or its advertising agent(s) before any claim is settled, defended or otherwise determined provided that a failure to consult shall not affect the advertiser’s and/or its advertising agent(s)’ liability hereunder.
  14. The submission of any form of advertisement constitutes a warranty by the advertiser to SCMP that it has all necessary authorities and permissions for the insertion thereof and that the advertisement or any part thereof or the publication of the advertisement does not contain any content, material, information or language that is inappropriate, misleading, offensive, inaccurate, fraudulent, violent, sexual, pornography, obscene, discriminatory, inflammatory, defamatory, libelous, slanderous, politically related unless it is not biased or in any way infringe any copyright or any other intellectual property or related rights of any third party or contravene, violate or constitute a breach of any applicable laws or any codes, regulations, guidelines, guidance notes, leaflets, restrictions or prohibitions issued or imposed by the relevant Government authorities, statutory or regulatory bodies or otherwise (collectively the “Laws and Regulations”). In this connection, (i) the advertiser shall and shall procure its advertising agent(s) to provide all required documents and take all necessary steps to SCMP as provided under the Laws and Regulations in order to assist SCMP in complying with the same; and (ii) the advertiser shall indemnify SCMP and/or any other relevant Indemnified Party in respect of any breach of this clause in accordance with the provisions of Clause 13 hereof.
  15. The advertiser hereby grants a fully paid up, non-exclusive, royaltyfree, non-transferable and non-sublicensable licence to SCMP to use the advertiser’s logo(s), trademark(s) and/or trade name(s) as the advertiser permits for purposes of advertisement.
  16. All cheques, money-orders, etc. should be made payable to South China Morning Post Publishers Limited. Rates are expressed in HK dollars but SCMP shall be entitled to receive payment in other currencies, the rate of conversion to HK dollars for payment shall be determined by SCMP from time to time.
  17. The advertiser shall be invoiced at SCMP’s discretion either upon publication or monthly unless otherwise specified by SCMP. Terms of payment are net 30 days from the date of invoice. SCMP shall have the right to charge interest on any outstanding payment after the due date (without any further notice) at the rate of one percent (1%) per month from date of invoice on outstanding balance to date of receipt of payment by SCMP and in addition SCMP shall also be entitled to recover from the advertiser any costs and expenses (including all legal fees) incurred by SCMP in recovering any outstanding payment and interest thereon.
  18. Subject to the terms upon which advertising agents are recognised by SCMP, such agents will be entitled to agency commission of fifteen percent (15%) on all rates.
  19. The advertiser is liable at all times for payment of all advertising charges. Where a recognized advertising agent substitutes its order for that of the original advertiser or requires invoices addressed to the advertising agent, SCMP shall hold the agent and the original advertiser jointly and severally liable hereunder.
  20. The advertiser and/or its advertising agent(s) shall keep SCMP fully indemnified and hold SCMP harmless from all taxes, duties, assessments, tariffs, levies, excises and charges imposed or resulting from any form of advertisement under this Terms of Business in any country or territory, including, without limitation, Hong Kong Special Administrative Region (“Hong Kong”) and the People’s Republic of China (“PRC”). Without prejudice to the above,where applicable laws of Hong Kong and/or PRC provide that any withholding, income or other similar tax is to be imposed or applicable on any amount required to be paid by SCMP to you under this Terms of Business, SCMP shall pay such tax to the competent tax authority or authorities and shall be entitled to collect the amount of such tax from you.
  21. Any claims pursuant to these terms must be made by the advertiser in writing within 48 hours after publication or date of agreed publication to the Advertising & Marketing Solutions Department at South China Morning Post, 19/F, Tower One, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong and unless such claims shall have been received by SCMP within the time limit as aforesaid, all claims by the advertiser pursuant to the terms and conditions hereof shall be deemed to have been waived by the advertiser.
  22. The advertiser and/or its advertising agent(s) agrees that SCMP may set off or transfer any sum outstanding to the credit of any one or more accounts maintained by the advertiser and/or its advertising agent(s) in or towards satisfaction of any of the advertisers and/or its advertising agent(s) liabilities to SCMP or in any other respect whatsoever whether such liabilities be present or future, actual or contingent, primary or collateral and several or joint. The advertiser and/or its advertising agent(s) waives all rights of subrogation and agrees not to claim any set off or counter claim against any other person liable or to prove in competition with SCMP in the event of the insolvency of such person or to have the benefit of or share in any outstanding debt receivable by SCMP. For the purpose of this Clause, the definition of SCMP shall be deemed to include its holding, subsidiary, fellow subsidiary, associated and affiliated companies.
  23. No party shall be liable for any non-performance or delayed performance due to any circumstances beyond its control including but not limited to typhoon, rainstorm, earthquake, tsunami, fire, other acts of God, war, riot, protest, civil disobedience, public disorder, epidemic, pandemic, any cessation or interruption regarding any Internet or communication technologies or any governmental regulations, policies or measures.
  24. Not all sections of all newspapers are sent to all readers.
  25. The above Terms of Business are valid to the extent as permissible under applicable laws.
  26. This Terms of Business shall be governed by and construed in accordance with the laws of Hong Kong\

Service Level Agreements

Content

  1. All campaigns require 3 business days to launch
  2. All bookings must include a signed IO before activation can begin
  3. All end of campaign reports will be provided 7 - 10 business days after the campaign end date

Display and video

  1. A maximum of 3 asset versions per ad format per campaign
  2. HPTO and 100% SOV and Flex campaigns are sold as CPD buys only
  3. HPTO campaigns will require 7 business days to launch
  4. All targeting and brand safety parameters must be provided prior to campaign launch
  5. Blocking tags must allow for publisher passback
  6. For discrepancy checked, client must provide 3rd party verification report sent to [email protected]
  7. All campaigns require 3 business days to launch
  8. All booking must include a signed OP before activation can begin
  9. All end of campaign reports will be provided 7 working days after campaign end date

Social

  1. All campaigns without sub-editing require 3 business days to launch
  2. All campaigns requiring sub-editing or copywriting require 7 business days to launch
  3. All bookings must include a signed IO before activation can begin
  4. All end of campaign reports will be provided 7 working days after campaign end date

EDMs/NLs

  1. All campaigns require 3 business days to launch
  2. All bookings must include a signed IO before activation can begin
  3. All end of campaign reports will be provided 7 working days after campaign end date

Print

  1. All Directory and Property Post campaigns work on 4pm deadline 1 business day before launch
  2. All Directory and Property Post campaigns require 1 business day to launch
  3. Classified post campaigns deadline is every Friday 4pm

Print - Newspaper ads

  1. Tuesday - Saturday: All ads must be confirmed by 1pm for next day publication
  2. Sunday - Monday: All ads must be confirmed by 4pm, Friday
  3. Public Holiday: All ads must be confirmed by 4pm, 1 business day before
  4. TWIA (Sunday): All ads must be confirmed by 5pm every Wednesday
  5. Property Post (Every Weds): To be confirmed by Monday noon
  6. All materials must be submitted by noon, 1 business day in advance
  7. All images should be regular size. Bleeding not necessary; font sizes should be no less than 6 points and lines are 0.3 points or above
  8. All images should be in PDF version 1.4 and high resolution of 300dpi

Print - Newspaper ads

  1. All ads must be booked 2 weeks in advance
  2. All materials must be submitted 1 week in advance

Print - Glossy magazine ads

  1. All ads must be booked 1 month prior to publication
  2. All materials must be submitted 2 weeks prior to publication

Print - Broadsheet and tabloid supplement

  1. All ads must be confirmed one week prior to publication
  2. All materials must be submitted 2 business days in advance

Print - Content

  1. Advertorial format - SCMP will add either 'Advertisement', 'Sponsored Feature', or 'Brought to you by'
  2. Advertorial format in Business Post to promote IPOAnnual Results/Listing - SCMP will add ' Investor Communications'

规章

  1. 所有广告刊登及所有订位通知均须遵守南华早报出版有限公司(以下简称本报)以下所订之规例进行。本报有修正、更改、取替或取消任何规例而无须向客户作预先通知。客户方面应了解及遵守此规章,本报绝不受客户之订位通知单上任何规条所限制,广告订位通知单并无约束力。
  2. 如本报认为有需要或合适的话,本报保留权利按其判断拒绝刊登全部、部份或修正任何广告而无须通知客户,因此本报无须负责因广告之停刊或修正所引致之任何损失或损害(且无须因广告之停刊或修改而退还或减收广告之费用,或对客户作出赔偿)。对于刊登广告所出现之遗漏、错误或印色问题,无论是否有证据显示由于本报,本报职员、代理或承办商之疏忽或失职所致,本报概不负责。若客户要求保密其名称、地址或其他资料,需于订位通知单上声明,本报定当尽力保密,但本报无须对该等资料之泄漏负责。除非该等资料乃经本报之同意或授权下透露。
  3. 本报有绝对之权利于任何时间决定、调整或修改广告收费及广告分类;本报可随时修改订位表格或通知单上所列之任何收费而无须于发票前通知。本报所发之报价单并无任何约束作用。
  4. 本报有权于接受广告订位通知单后,不完全依约刊登或依照指定日期刊登,且不被视为、代表或保证本报认可内容的真实性及准确性。鉴于同意刊登并不代表本报作出任何限制协议、声明或保证,因此在以下情形下,本报无须负责因停刊引致的任何损失或费用(停刊因素包括罢工、闭厂、机械或生产出现问题或其他一齐非本报所能控制之范围);或根据本规章第七项而取消刊登之广告;或广告刊登之日期、位置或方式不符合客户于订单上之列明。本报对停刊之广告所提供的责任只限于退还广告费,或于上述情况发生时,选择作出本报认为合理之退款或于最快时间内刊登该广告。客户如投诉广告中的色调出现问题,必塭刊登后四十八小时内提出全理之证据,证明超过发行量百分之十的广告稿出现问题,否则投诉无效。
  5. 所有于本报按各类广告所订定的地点及时间内投交之订位通知单,本报均尽力接受办理,惟所有广告稿件及画稿必须于最后截稿前送抵本报。本报有权更改截稿时间而无须作出事先通知。假若本报于最后截稿前未能收到广告稿件及画稿,则有权拒绝接受任何订位通知或拒绝依照任何订位通知刊登广告而无须负责任何因未能刊登而引致之损失或损害。
  6. 本报通常只接受一般尺寸或正常格式之广告,惟其他尺寸或格式广告之则按特别条款另议。
  7. 本报定当采取合理步骤以避免将同类产品或同性质之广告刊登于同版或对页上,但假若因篇幅所限而无法避免将同类产品或同性质之广告刊登于同版或对页上,本报亦不须因此而承担任何责任。
  8. 客户若要求取消刊广告,必须按本条款部分第五项的规定于本报截收订位通知单前,以书面形式将未取消通知书送抵报总办事处。
  9. 广告美术原稿必须贴好,制成正片或本报不时指示档案格式之数字档案交来本报。如全黑色部分过于阔大,本报权按绝对酌情权加以间线,以保持版面美观。
  10. 若客户迟交稿件或不依照上述正式撤消手续,将会丧失广告留位,且本报有权收取全部广告费用或以其他方式要求客户作出赔偿。
  11. 所有交来刊登的稿件,文件或其他物件,如有损坏或遗失,本报概不负责。所有广告稿及图片于刊登日或建议刊登日后三个月内若不领回,本报将自行处理而无须事先作通知。
  12. 如果南华早报出版有限公司与广告商及/或其广告代理在此的合作涉及任何个人资料的使用、查阅、处理或其他处置,所有合约方承诺:(i) 它们会遵守所有有关个人资料私稳的适用法律及规例;及(ii) 它们不会保存该资料比已准许使用该资料的目的所需的时间长,及会作所有合理的措施以防止任何就该资料未准许或意外的使用、查阅、删除、遗失、更改或处理。
  13. 广告客户和/ 或其广告代理人须向本报、其董事、主管、员工、代理人及承包商(统称为“赔偿方”而每一方为“赔偿一方”)赔偿因(i) 广告客户及/或其广告代理人指示刊登广告;(ii) 广告客户及/或其告代理人违反任何本合同条款、条件及担保; 及(iii) 任何第三方因以上(i)及(ii)项所导致向任何赔偿方索偿而直接或间接引致的损失、损害、费用及开支(包括律师费)。本报若得悉任何赔偿方的一方涉及任何索偿的作出或威胁,将会以书面通知广告客户及/或其广告代理人,并于索偿得以解决,作出抗辩或裁定前采取合理步骤与客户及/或其广告代理人进行商议,若商议失败,亦绝不影响客户及/或其广告代理人所须负之责任。
  14. 广告客户向本报递交广告,即构成广告客户向本报保证其已获得所需的授权或批准刊登该广告,并保证广告内容或其任何部分或刊登该广告不涵盖任何不当、误导性、侵犯性、不准确性、虚假性、暴力性、带有性、色情、淫秽、歧视性、煽动性、诽谤性、书面及口头的诽谤性、以及偏激性的与政治有关的材料信息或语言或在任何方面侵犯任何版权或任何其他知识产权或相关的第三方权利,亦无抵触、侵犯或违反任何适用法律或由相关政府机关、法定或规管机构等发出或施行的任何规定、条例、指引、守则、小册子、管制或禁制(统称为“法律及法规”)与此,(i) 广告客户需就该法律及法规下,提供及促使其广告代理人提供所有应需的文件及采取所有需要的步骤以遵守该法律及法规及(ii) 否则客户须就违反本项按本条款部分第十三项的规定向本报及/或任何有关赔偿一方作出赔偿。
  15. 支票或本票等应划线支付“南华早报出版有限公司”。所有收费均以港币计算;但本报亦接受其他外币支付,以本报不时订定之兑换率为准。
  16. 除特别情况外,本报将于广告登出后或按月向广告客户发出收费通告。广告客户于发票日后三十日内清付账项。若逾期缴费,本报有权收取利息(无须事先通知),利息将由未结算账项之发票通知日起开始计,截至结清日止,以月息一厘计算。此外,本报可向广告客户收取因追讨逾期支付账项及利息所引致之开支及费用(包括律师费)。
  17. 经由本公司承认之广告公司,可按相关条款获得广告费之15%作为佣金。
  18. 在任何时间,广告客户须负责支付所有广告费,若原先广告客户之订位由获承认之代理广告公司替代或要求将收费通告发给代理广告公司,则广告客户及其广告公司须共同及个别地就一切广告费用向本报负责。
  19. 广告客户如对本条款部分有任何异议,须于广告刊登日或同意刊登日后四十八小时内以书面形式向本报广告及市场策划部提出。办事处:香港铜锣湾礼顿道1号地下至3楼,广告客户必须于以上限期内提出,否则将视作放弃权利而得对本条款部分之各项作出异议。
  20. 广告客户和/或其广告代理人同意,为清偿或务求清偿广告客户和/或其广告代理人欠南华早报的债务(不论该等债务属现在或将来、实际或或有、首要或附带、个别或共同的),南华早报可转移应退还广告客户和/或其广告代理人但尚未存入广告客户和/或其广告代理人所持有的任何一个或多个账户的任何款额,以销该等广告客户和/或其广告代理人需付还南华早报的债务。广告客户和/或其广告代理人放弃一切代位权利,并同意放弃向任何其他第三方提出任何抵销或反索偿,及在该第三方被判无力还债时放弃就赔偿事直与南华早报作竞争,或在该第三方向南华早报之定义将包括其控股公司、附属公司、同集团附属公司、联营公司及关联公司。
  21. 本报并不保证所有读者收到全份报章。
  22. 以上商业条款在适用法律允许的程度下有效。

*此译本所列各项细则均以英文原文为准