These "General terms and conditions" apply to the provision of the Service by Bonnier News to the Advertiser and constitute an appendix to the Order Confirmation.
"Advertiser" means Bonnier News' customer as stated in the Order Confirmation; "Agreement" means the Order Confirmation, these General Terms and Conditions and other applicable appendices, taken together; "Bonnier News" means Bonnier News AB, reg.no. 559080-0917, 105 16 Stockholm; "Confidential Information" shall have the meaning set forth in Section 10.1; "Order Confirmation" means the order confirmation provided by Bonnier News to the Advertiser; "Party" means the Advertiser and Bonnier News separately and "Parties" means them jointly; "Technical Material Specifications" means the technical material specifications provided by Bonnier News from time to time; "Service" means the advertising or campaign stated in the Order Confirmation; "Total Amount" means the contractually agreed price for the Advertiser's total purchase of advertising space; and "Brands" means all of the brands which are included in Bonnier News business area from time to time including, but not limited to, Dagens Nyheter, Expressen, Dagens Industri, Bonnier News Local, and HD/Sydsvenskan.
- Advertisement material
2.1 Bonnier News or the party designated by Bonnier News must receive advertisement material, in complete and satisfactory condition as per the Technical Material Specifications in force from time to time, not later than the date stated in the Order Confirmation.
2.2 Advertisement material which is submitted late or which is defective may result in the advertisement not being included. Such material will be charged according to the applicable price list.
Cancellations of advertisements must be in writing and addressed to the responsible salesperson as well as to email@example.com for digital campaigns.
Display: Cancellation must be received by Bonnier News not later than seven (7) business days before the advertisement is to be included. Full price is charged for any advertisement cancelled after the deadline (7 days).
Influencers: If the Advertiser cancels an order for an influencer campaign after Bonnier News has sent an order confirmation, Bonnier News is entitled to charge the full contractually agreed price for the relevant campaign in order to cover the fees.
Native: Cancellation must be received by Bonnier News not later than fourteen (14) business days before the advertisement is to be included. Full price is charged for any advertisement cancelled after the deadline (14 days). If the Advertiser cancels a Native order after Bonnier News has sent an order confirmation, Bonnier News is entitled to charge for any commenced production and for fees.
Print daily press: Cancellation/rebooking of print advertisement in daily press must take place before the booking stop. In the event of cancellation after such time, we charge 50% of the advertisement cost.
Supplements/Inserts: Cancellation or a request for relocation must take place not less than five (5) weeks before the booked publication date. If cancellation/relocation is notified after such time, we will charge 50% of the contractually agreed amount.
Print magazine: In the event of cancellation of an ordered and confirmed advertisement in our magazines after the material date, we reserve the right to charge the full advertisement price. Cancellations received later than twenty-one (21) days before the material date will be charged at 75% of the advertisement price. Inserts: If space is ordered more than twenty-one (21) days before the material date, the Advertiser will be required to pay for it. If the Advertiser cancels an order after Bonnier News has sent an order confirmation and this order contains production, Bonnier News is entitled to charge for any commenced production and for fees.
- The Advertiser's responsibility
4.1 The Advertiser is required to deliver advertisement material in due time and produced according to Bonnier News' Technical Material Specifications. If advertisement material is uploaded notwithstanding a warning (yellow or red), Bonnier assumes no liability for quality defects, if any.
4.2 The Advertiser shall comply with advertisement instructions, if any, from Bonnier News within the specified time and shall also assist Bonnier News in connection with questions and handling of advertisement material.
4.3 The Advertiser is responsible for the content of any advertisement and for ensuring that the advertisement, including any linked information, does not infringe any third-party right such as copyright, trade mark, or other intellectual property rights. The Advertiser is, moreover, responsible for ensuring that the advertisement complies with, and does not contravene, any law, statutory instrument, public authority decision, regulation, or guidelines applicable from time to time, particularly with regard to the Marketing Act and industry agreements, standard practices, guidelines, and good marketing practices and ethics.
4.4 The Advertiser shall ensure that the advertisement contains information that makes it easy for the reader to identify the Advertiser and that the advertisement constitutes advertising.
- Right to refuse advertising
5.1 Bonnier News reserves the right to refuse to publish, or subsequently, at any time whatsoever, to de-publish an advertisement if it does not comply with the Technical Material Specifications or other requirements agreed between the Parties.
5.2 Bonnier News is entitled to refuse to publish, or subsequently, at any time whatsoever, to de-publish an advertisement if Bonnier News has reason to believe that the advertisement contravenes a law, regulation, or public authority decision, can be assumed to cause offence, can be assumed to damage the reputation of Bonnier News or the Brands, or on similar grounds.
5.3 The Advertiser is also reminded that under Freedom of the Press Act and the Fundamental Law on Freedom of Expression, the responsible publisher is entitled to refuse to include an ordered advertisement or to remove it subsequently.
5.4 If an ordered advertisement cannot be included and this is attributable to the Advertiser or any circumstance on its part, the Advertiser is liable to Bonnier News for an amount corresponding to the agreed price for the advertisement. Bonnier News shall, under no circumstances, be liable to the Advertiser due to refused advertising under this section 5.
- Defects/errors, liability, and limitation of liability
6.1 Bonnier News shall provide the Service with reasonable skill and with the care as can be expected of a service provider in the same industry as Bonnier News. Unless otherwise expressly stated in the Agreement, the Service is provided without any warranties.
6.2 If the content of an advertisement does not comply with the Technical Material Specifications provided by the Advertiser or if it is included on the wrong day or in a place other than the ordered day or place and such defect/error is due to the negligence of Bonnier News, the Advertiser shall be entitled to a price deduction not exceeding the amount corresponding to the advertisement cost payable by the Advertiser to Bonnier News for the defective/erroneous advertisement. The Advertiser understands and accepts that this constitutes the Advertiser's sole remedy for any defect/error in the advertisement.
6.3 Bonnier News is not liable for defects/errors in advertisement material provided by the Advertiser or defects/errors occurring in the transmission of advertisement material from the Advertiser to Bonnier News, provided the defect/error is not attributable to Bonnier News. In addition, Bonnier News is not responsible for non-publication or defects/errors in an advertisement if such is due to a problem with information transfer providers outside Bonnier News' control.
6.4 In the event of breach of contract other than errors/defects as referred to in section 6.2, Bonnier News' liability is always limited to direct damage and direct costs. No compensation is paid for lost profit or other indirect damage or loss, provided that Bonnier News has not acted with gross negligence or intent. Under all circumstances, Bonnier News' liability for compensation is limited to not more than the actual advertisement cost paid by the Advertiser to Bonnier News under the Agreement.
6.5 The Advertiser shall indemnify and hold Bonnier News harmless for all damage and costs incurred by Bonnier News as a consequence of the Advertiser's marketing under the Agreement.
- Defects/errors and complaints
7.1 If the Advertiser wishes to claim a price reduction as a result of a defect/error in an advertisement as per section 6.2 above, the Advertiser must complain of the alleged defect/error not later than three (3) days after the advertisement was included or should have been included. Complaints must be in writing and addressed to the responsible salesperson and to firstname.lastname@example.org. If the Advertiser has not made a complaint within the specified time, the Advertiser's right to claim defects/errors in the advertisement shall lapse.
7.2 If Bonnier News does not receive the advertisement material in due time and in accordance with the Technical Material Specifications as stated in sections 2.1 and 4.1 above, the Advertiser's right to receive a proof sheet before publication and to complain about a published advertisement shall lapse.
- Prices and payment
8.1 The Advertiser shall pay according to the price list in force from time to time, unless otherwise separately agreed. VAT and any other taxes will be added.
8.2 Invoicing will be done by Bonnier News or the relevant Brand where publication of the advertisements has taken place. Payment is due fourteen (14) days net from the invoice date. In the event of late payment, interest on arrears is payable pursuant to the Interest Act. Bonnier News is also entitled, itself or via the relevant Brand, to charge the Advertiser a reminder fee and for other costs for collection of the receivable as well as compensation for delay pursuant to the Collections Costs (Compensation) Act (1981:739).
8.3 Unless otherwise agreed, Bonnier News or the relevant Brand is entitled to require payment in advance.
8.4 Complaints about the invoice, if any, shall be made as soon as possible and not later than within fourteen (14) days from the date of the invoice. If the Advertiser has not made a complaint within the specified time, the Advertiser's right to challenge the invoice shall lapse.
- Early termination
Bonnier News is entitled to terminate the Agreement immediately if the Advertiser, in Bonnier News' reasonable opinion, breaches or can be assumed, on objective grounds, to breach any law or regulation, industry practice, or accepted practice and ethics and thereby creates a risk of damage or loss of reputation to Bonnier News or the relevant Brand.
10.1 The Parties undertake to observe confidentiality regarding the content and existence of this Agreement as well as information, both written and oral and in any other form, regarding the other Party's internal business affairs, financial information, prices, business plans, data, and such other information that each Party has expressly stated is confidential or which otherwise can reasonably be assumed to be confidential ("Confidential Information").
10.2 However, the confidentiality obligation under this Agreement does not apply to information which:
(a) is in the public domain or which enters the public domain other than through a breach of this Agreement;
(b) a Party can show it already knew before it received the information from the other Party; or
(c) a Party receives from a third party without being bound by any confidentiality obligation in respect of such third party.
10.3 In the event either of the Parties is required by law, mandatory decisions by public authorities, or similar binding obligation to disclose confidential information to any third party, the other Party must be notified as soon as possible of this obligation and the information that will be disclosed (provided such action is not prohibited). A Party which is obligated to disclose Confidential Information shall limit the disclosure to include only the Confidential Information necessary to comply with the order. For the avoidance of doubt, this confidentiality undertaking does not deprive Bonnier News of the ability to share such necessary Confidential Information with the relevant Brand as is required for the performance of the Agreement.
- Ownership of original advertisement
11.1 Ownership of bid material and advertisement material produced or otherwise generated by Bonnier News shall vest in Bonnier News unless otherwise specifically agreed between the Parties.
11.2 Bonnier News may use third party licenses for images that are used in bid material and advertisement material produced or otherwise generated by Bonnier News on behalf of the Advertiser. Advertiser have no right to use such images for own purposes or in any other way except as explicitly stated by Bonnier News.
11.3 Moreover, nothing in this Agreement shall be interpreted to entail that either Party has assigned any intellectual property rights to the other Party.
- Force Majeure
Bonnier News shall not be liable for any failure to perform its obligations under this Agreement or for damage that arises due to any impediment to its performance as a consequence of circumstances beyond its control including, but not limited to, new legislation, new public authority regulations, war or threat of war, civil unrest, terrorism, sabotage, natural disasters, failure of electricity supply or failure of public communication networks, fire or the like, or trade union action, such as strike, blockade, boycott and lock-out.
- Entire agreement
The Agreement and its appendices constitute the Parties' complete regulation of all matters relating to this Agreement. All written or oral undertakings and promises made prior to this Agreement are superseded by the contents of this Agreement and its appendices.
The Agreement may not be assigned without the consent of the other Party. However, Bonnier News may always assign the right to receive payment under this Agreement and shall be entitled to assign the Agreement or any rights and obligations arising therefrom to any other company within the group of companies of which Bonnier News is a member from time to time without the specific consent of the Advertiser.
15.1 This Agreement shall be governed by the laws of Sweden.
15.2 Disputes arising out of this Agreement shall be determined by a court of general jurisdiction with the Stockholm District Court as the first instance.