Hurst Media Company Advertising Terms and Conditions

Hurst Media Terms and Conditions

Hurst Media Advertising & Media Buying Terms and Conditions

Effective Date: 1st August 2026

Hurst Media Agency and Hurst Media Labs are trading styles of Hurst Media Company Limited.

Definitions

“Client”: means a person, company, partnership or legal entity that enters into a contract with HMC for the provision of services subject to these terms and conditions.
“Client Personal Data”: means all information and data (including texts, documents, drawings, diagrams, images or sounds) owned by, licensed to (other than by HMC) or relating to the Client and/or any of its customers, which is in each case generated by, supplied to, or otherwise retained by HMC pursuant to or in connection with this agreement.
“Content Deadline”: means the date HMC has given the Client to provide any assets required for its advertisement or advertorial copy.
“Data Protection Legislation”: means all applicable law, from time to time, relating to the processing of personal data and privacy, including (to the extent applicable) the UK GDPR and the EU GDPR.
“EU GDPR”: means the General Data Protection Regulation (EU) 2016/679 of the European Parliament.
“HMC”: means Hurst Media Company Limited, details contained below, including where it trades or provides services under the trading styles Hurst Media Agency and Hurst Media Labs.
“Applicable Service Schedule”: means any additional service-specific terms at the end of these terms and conditions which apply to the Services described in HMC’s order confirmation.
“Approval Deadline”: means any date HMC has given the Client by which the Client must approve content, proofs, artwork, copy or other deliverables.
“Media Owner”: means any publisher, broadcaster, platform, website owner, outdoor media owner or other third party with whom HMC places or arranges media for the Client.
“Services”: means the advertising, media placement, media buying, media planning, design, production, creative, content, marketing, digital, data or related services described in HMC’s order confirmation.
“Media Pack”: means HMC’s publication- or web listing-specific media pack, rate card, technical specifications, distribution information and other campaign details made available to the Client for the relevant booking, whether provided directly by HMC or accessed on the relevant HMC webpage.
“UK GDPR”: has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.

Terms and Conditions

1) Payment terms are offered based on the credit score of any Client as assessed by HMC’s credit check supplier (Company Check). All non-UK customers are required to pay in full in advance of publication. Subject to credit being granted, HMC’s standard terms are that 50% of the total contract price agreed is due at the time of booking and the balance is due within seven (7) days after publication. This first 50% shall constitute a non-refundable part payment of the contract price. The balance of the contract price shall be payable seven (7) days after publication of the advertisement (or first publication in the case of a series booking). If the agreement covers both print and digital formats, the balance is due seven (7) days from the occurrence of the earliest event.

2) Information about the relevant publication or web listing, including specification, distribution, advertising format, technical requirements, and other campaign details, is set out in HMC’s applicable Media Pack. HMC will make the relevant Media Pack available to the Client, including at: https://www.hurstmediacompany.co.uk/products/

The Media Pack forms part of this agreement for the purpose of setting out the practical details of the booking. Any audience figures, forecasts, testimonials, case studies or other promotional content included in the Media Pack are intended as helpful background information, unless expressly confirmed in HMC’s order confirmation.

3) Invoices are strictly net at the price agreed and exclusive of applicable VAT or other direct sales taxes, and are payable without deduction unless agency commission is agreed in writing as deductible at a specific rate.

4a) The contract shall be deemed to have been made at the offices of HMC.

4b) Acceptance of these terms and conditions may be effected by written confirmation (including by email or completed order form) from the Client to HMC. Acceptance of these terms and conditions by email to the Client will constitute a legally binding agreement between the Client and HMC.

4c) By accepting these terms and conditions, the Client acknowledges that this is a business-to-business contract and therefore is not subject to any statutory cooling-off provisions, and that the only rights of cancellation are those set out in these terms and conditions (see clause 22). All confirmed orders are final and the Client has no right of cancellation upon written confirmation (including by email or completed order form) of an order for services from HMC.

4d) The person placing, confirming or approving the booking on behalf of the Client warrants that they have authority to bind the Client.

4e) Unless HMC expressly agrees otherwise in writing before the booking is confirmed, any purchase order, insertion order, supplier onboarding process, internal approval process or purchase order number required by the Client is for administrative purposes only and is not a condition of the formation, validity or enforceability of the contract.

5) The Client is solely responsible for submitting to HMC suitable advertisement or advertorial copy in electronic format (in accordance with HMC’s specifications) by the specified date. The Client warrants and represents that the advertisement:

does not contravene the Trade Descriptions Act 1968 nor any other law, statute or regulation in England and/or in any other country where the advertisement might appear as a result of its publication by HMC;
is not in any way defamatory or illegal or an infringement of the rights of any third party; and
complies in all respects with the British Code of Advertising Practice and any other relevant advertising standards prevailing in England and/or in any other country where the advertisement might appear as a result of its publication by HMC at the time the advertisement is published.

The Client shall indemnify HMC, its suppliers and distributors against any damage they may sustain in consequence of publication of an advertisement, including copyright claims by a third party.

6) All advertisements and advertorials are accepted at HMC’s discretion as to suitability. If HMC exercises its rights under this clause at any time, HMC shall not be liable for costs, claims, liabilities or damages of any kind as a consequence of doing so.

7) Any design, production or marketing services agreed as part of the booking are additionally subject to the Design, Production and Marketing Services provisions set out in Schedule 2 to these terms and conditions.

8) HMC reserves the right to make grammatical changes and minor corrections to conform to HMC’s house style. In addition, HMC reserves the right to ensure all commercial content is compliant with the Advertising Standards Authority’s UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) by making copy changes which, in HMC’s reasonable opinion, are necessary to ensure advertising messages are compliant both with the letter and spirit of the code. HMC reserves the right to request source material from the Client to support any claim and also to remove claims which, in its reasonable opinion, are not supported by peer-reviewed research.

9) In the event that HMC’s stated payment terms are not met, the Client shall forfeit the benefit of any discounts applied to the original booking, and the price for the advertisement insertions will default to that published on the current rate card at the time of booking. In the event of late payment, HMC reserves the right to claim payment in full from the Client as per the current published rate card and reserves the right to charge statutory interest on that amount. Statutory interest is calculated at the rate of 8% per annum above the Bank of England base rate and is calculated daily. If HMC exercises its right to charge statutory interest, it shall be calculated from the day after the due date until payment is received by HMC, both before and after judgment, if applicable. HMC’s invoice for interest charges shall be final and binding upon the Client.

10) All reasonable efforts will be made by HMC to fulfil its obligations, but if HMC is prevented or delayed in carrying out any of its obligations by reason of an Act of God, war, lock-out, fire, flood, delay in transit, strike, riot, postal delay or any other unexpected or exceptional cause or circumstance beyond its control, the time for delivery shall be extended until a reasonable time after the event preventing or interfering with the due performance of HMC’s obligations has ceased. In no circumstances shall HMC be liable for any consequential loss or damage suffered by the Client as a result. For clarity, HMC will not be liable for any loss occasioned by the failure of an advertisement to appear from any cause whatsoever.

11) The agreement between the Client and HMC consists of:

HMC’s order confirmation;
these terms and conditions;
the applicable Media Pack referred to in clause 2; and
any Applicable Service Schedule.

Together, these documents form the entire agreement between the Client and HMC in relation to the relevant booking. Any amendment to the agreement must be agreed in writing by a director of HMC.

11A) HMC’s order confirmation shall state the Client, Services purchased, price, payment terms, publication or delivery dates and any Applicable Service Schedule.

12) Every effort will be made to meet the Client’s expressed wishes regarding specified positions, but no guarantee can be given unless a supplementary positioning charge has been agreed.

13) While HMC will take reasonable care of any material supplied by the Client whilst in HMC’s custody, HMC shall not be liable for loss of or damage to material in transit or whilst with any third party.

14) In the event that the Client is in default of its obligations under clause 5 (or gives notice that it does not intend to fulfil such obligations prior to the date for submission of advertising copy), the Client agrees to pay HMC as liquidated damages the lesser of:

100% of HMC’s rate card price for the advertisement (or aggregate price in the case of a series of advertisements) prevailing at the date of the order; or
the contract price as agreed between HMC and the Client, credit being given for any payments made by the Client in respect of the order prior to the default or notice.

15) If the Client enters into liquidation (whether compulsory or voluntary), company administration, receivership, any arrangement with its creditors (whether formal or informal), becomes unable to pay its liabilities as and when they fall due, is presented with a valid winding-up petition, or is subject to a successful winding-up petition, those in control of the Client at the relevant time (being, for example, directors, partners or owners, as applicable) warrant that all outstanding debts will be paid to HMC and undertake to fulfil the payment liability personally on a joint and several basis.

16) If there is any inconsistency between HMC’s order confirmation, these terms and conditions, and the applicable Media Pack, they will apply in the following order of priority:

HMC’s order confirmation;
these terms and conditions; and
the Media Pack.

For clarity, the Media Pack applies to the practical details of the booking, including specifications, formats, and distribution information.

Where an Applicable Service Schedule applies and expressly provides different or additional terms for the relevant Services, that Applicable Service Schedule shall prevail to the extent of any inconsistency with these terms and conditions in relation to those Services only.

17) HMC reserves the right to vary date of publication or advertising going live on the website by not more than +/-21 days and will notify the Client if there is a change to the scheduled date as soon as is reasonably practicable. In any event, time shall not be of the essence as regards the publication date.

18) HMC does not accept liability for printing errors, including variations in the quality of colour reproduction, and such variations shall not be deemed cause for the Client to withhold payment.

19) HMC reserves the right to charge the single insertion rate for each advertisement published in the event of the Client failing to complete a series booking.

20) All disputes or complaints must be made in writing to HMC as soon as the Client becomes aware of the relevant issue and in any event within 28 days of publication.

21) In no event shall the liability of HMC for any breach of contract or in tort exceed the price paid or payable by the Client for the advertisement.

22) The Client may cancel a booking by agreeing to pay a cancellation fee. The level of this fee is a percentage of the booking value and varies depending on how close the cancellation is to the Content Deadline.

If the Content Deadline is more than 30 days in the future, the fee is 33% + VAT of the booking value.
If the Content Deadline is more than 7 days in the future but fewer than 30 days away, the fee is 66% + VAT of the booking value.
If the Content Deadline is within 7 days, the fee is 100% + VAT of the booking value.
A separate cancellation invoice on 7-day terms will be raised by the accounts department, and the original invoice credited in full once payment is received.
If the cancellation invoice is not paid within terms, it will be cancelled and the full amount of the original contract will stand.
For the avoidance of doubt, for any digital campaigns that are already live, the cancellation fee is 100% of the contract value.
Cancellations within 72 hours of the Content Deadline will not be accepted and HMC reserves the right, at its absolute discretion, to source content (including artwork or copy) from the Client’s website and/or other materials at full charge if the Client fails to provide it, and to proceed on the basis of assumed approval from the Client in order to fulfil the booking.

23) Data Protection

Additional definitions

For the purposes of this clause 23, “data controller”, “data processor”, “data subject”, “personal data”, “processing”, and “appropriate technical and organisational measures” have the meanings given to them in the Data Protection Legislation.

Data controller and data processor

(i) Both parties will comply with their obligations under the Data Protection Legislation, in the case of the Client as data controller and, in the case of HMC, as data processor. In particular, HMC undertakes to:

comply with, and procure that its employees, representatives, subcontractors and agents comply with, the Data Protection Legislation; and
provide reasonable assistance to the Client in complying with its obligations under the Data Protection Legislation in relation to the performance of any services provided by HMC to the Client.

(ii) Without limiting the foregoing, HMC shall:

act only in accordance with the Client’s (or the relevant Client affiliate’s) written instructions with regard to the processing of Client Personal Data. If HMC is required to process Client Personal Data for any other purpose by applicable law, HMC shall inform the Client of this legal requirement, to the extent permitted by applicable law;
maintain written records of data processing activities covering all categories of personal data processing activities carried out on behalf of the Client and containing the information prescribed for data processors, provided that the Client shall provide HMC with all relevant information about the personal data that it requires HMC to process in connection with the services in order to enable HMC to maintain such records;
not transfer Client Personal Data to a country or territory outside the European Economic Area (the “EEA”) without the Client’s (or the relevant Client affiliate’s) express written consent;
ensure that appropriate technical and organisational measures are in place to safeguard against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure of Client Personal Data;
notify the Client promptly if it receives a request or notice from a data subject exercising his or her rights under the Data Protection Legislation, and assist the Client promptly with such requests and notices. This includes, upon the Client’s written request and to the extent permitted by the Data Protection Legislation, where the Client cannot itself access such data, promptly providing at no charge copies of any Client Personal Data in the possession or control of HMC requested by the Client, in the format and medium reasonably required;
promptly carry out any request from the Client requiring HMC to amend, transfer, lock or delete any Client Personal Data in the possession or control of HMC;
on expiry or termination of the services, immediately cease using all Client Personal Data and arrange for its safe return or destruction, as notified by the Client in writing at the relevant time;
promptly notify the Client upon receiving any notice or communication from any data protection supervisory or governmental body, including the Information Commissioner’s Office, which relates directly or indirectly to the processing of personal data; and
if any Client Personal Data in the possession or control of HMC becomes lost, corrupted, destroyed, altered or rendered unusable for any reason, notify the Client immediately and in any event within thirty-six (36) hours of becoming aware, providing details of the circumstances giving rise to the incident as the Client or any data protection supervisory or governmental body, including the Information Commissioner’s Office, may reasonably require in order to comply with its obligations under the Data Protection Legislation.

Client obligations

(iii) The Client acknowledges that it may from time to time require HMC to collect personal data for marketing purposes (“Marketing Data”). The Client shall only use the Marketing Data in accordance with any informed consent and/or marketing preferences provided by the relevant data subject.

(iv) The Client shall indemnify and hold harmless HMC against any costs (including legal costs), expenses, fines, penalties (including fines and penalties imposed by a regulator) and losses arising directly or indirectly from any breach of this clause 23 by the Client.

(v) Without limiting the foregoing, the Client shall:

comply with the Data Protection Legislation and ensure that any instructions it issues to HMC, including any transfer of personal data, comply with the Data Protection Legislation; and
have sole responsibility for the accuracy, quality and legality of personal data, and the means by which the Client acquired that personal data, and shall establish the legal basis for processing under the Data Protection Legislation.

(vi) The Client warrants that:

the disclosure of personal data to HMC is limited to what is necessary for HMC to perform the services it is contractually required to provide to the Client;
such personal data is accurate and up to date at the time it is provided to HMC; and
it shall provide advance written notice to HMC of its intention to transfer personal data to HMC for use in the provision of services.

(vii) The Client shall:

collect personal data in a manner compliant with the Data Protection Legislation, including by providing all notices and obtaining all consents required in order for HMC lawfully and fairly to process personal data in connection with the services;
ensure compliance with appropriate technical and organisational measures; and
notify HMC upon becoming aware that personal data has become inaccurate or out of date.

23A) Where HMC acts as a data processor on behalf of the Client, the subject matter of the processing is the processing of Client Personal Data as reasonably necessary for HMC to provide the services; the duration is for the duration of the relevant services and any further period during which HMC is required or permitted by law to retain the relevant personal data; the nature and purpose of the processing includes collection, recording, organisation, storage, consultation, use, transmission, adaptation, deletion and other processing reasonably necessary to perform the services; the types of personal data may include business contact details, campaign data, marketing data, account information and other personal data supplied by or on behalf of the Client; and the categories of data subjects may include the Client’s employees, representatives, customers, prospects, subscribers, campaign participants and other individuals whose personal data is supplied to HMC in connection with the services.

23B) The Client gives HMC general written authorisation to appoint sub-processors where reasonably necessary to provide the services. HMC shall inform the Client of any intended material change concerning the addition or replacement of sub-processors, giving the Client a reasonable opportunity to object on legitimate data protection grounds. HMC shall ensure that each sub-processor is subject to data protection obligations appropriate to the processing.

23C) Nothing in clause 23 prevents HMC from making a transfer of Client Personal Data where that transfer is permitted by the Data Protection Legislation and any applicable lawful transfer mechanism is in place.

24) This agreement shall be governed by and construed in accordance with the laws of England and Wales. The Client submits to the non-exclusive jurisdiction of the English courts.

Schedule 1 – Media Buying and Agency Services

S1.1) This Schedule applies where HMC supplies media buying, media planning, media booking or related agency services, including under the Hurst Media Agency trading style.

S1.2) Specifications, distribution, inventory, deadlines and other practical requirements may be determined by the relevant Media Owner and form part of the Services where communicated to the Client.

S1.3) The Client authorises HMC to provide Client materials and campaign instructions to Media Owners and other suppliers to the extent reasonably required to deliver the Services.

S1.4) HMC may make changes required by a Media Owner’s house style, technical requirements or compliance rules and may require amendments to comply with applicable CAP, BCAP, Clearcast, Radio Centre or other relevant standards.

S1.5) HMC shall use reasonable endeavours to secure the media described in the order confirmation but shall not be responsible for changes, delays, substitutions, rejection or cancellation by a Media Owner where those matters are outside HMC’s reasonable control. HMC will use reasonable endeavours to obtain an appropriate alternative or remedy where practicable.

S1.6) The Client is responsible for all non-refundable commitments properly entered into by HMC with Media Owners or third-party suppliers on the Client’s behalf in accordance with the agreement. Any such commitment shall be taken into account when calculating any cancellation charge so that HMC does not recover the same amount twice.

S1.7) Subject to credit being granted and unless otherwise stated in the order confirmation, HMC’s standard payment terms for media buying services are the payment terms set out in clause 1. Where the booking includes publication, broadcast, display or a go-live event, the balance is due within seven (7) days after the relevant event, or the earliest such event where more than one format is included.

S1.8) The cancellation provisions in clause 22 apply to media buying services by reference to the Content Deadline or, where HMC has notified the Client that a Media Owner Deadline applies, by reference to that Media Owner Deadline. Any non-refundable Media Owner or supplier commitment properly incurred before cancellation is included within the amount payable by the Client, and HMC shall not recover the same amount twice.

S1.9) Cancellations received within 72 hours of the applicable Content Deadline or Media Owner Deadline will not be accepted. Any campaign already live, published, broadcast or otherwise commenced is chargeable at 100% of the contract value.

Schedule 2 – Design, Production and Marketing Services

S2.1) This Schedule applies where HMC supplies design, production, creative, content, marketing, digital or related services, including under the Hurst Media Labs trading style.

S2.2) Unless otherwise stated in the order confirmation, 50% of the contract price is due at booking and is non-refundable. The balance is due seven (7) days after HMC first supplies proofs or first substantive deliverables to the Client.

S2.3) The Client shall provide complete and accurate briefs, instructions, materials, information and approvals by any Content Deadline or Approval Deadline notified by HMC. Any delay caused by the Client shall extend HMC’s performance time by at least the period of the Client’s delay and shall not relieve the Client of its payment obligations.

S2.4) HMC will use reasonable endeavours to meet agreed performance dates, but such dates are estimates unless the order confirmation expressly states that a date is fixed.

S2.5) HMC will provide the final output files or deliverables specified in the order confirmation. Source files, editable files, working files, production files and underlying project files are not included unless expressly agreed in writing.

S2.6) Unless otherwise agreed in writing, all intellectual property rights created by HMC in the course of providing the Services, excluding materials supplied by the Client, remain owned by HMC. Upon payment in full, HMC grants the Client a non-exclusive, worldwide, royalty-free licence to use the final deliverables for the purposes contemplated by the agreement and the Client’s business.

S2.7) The Client grants HMC a non-exclusive, royalty-free licence for the duration of the agreement to use, copy, adapt and modify materials supplied by the Client to the extent necessary to perform the Services.

S2.8) The Client may cancel design, production or marketing services by written notice. The initial 50% part payment is non-refundable. In addition, the Client shall pay any non-refundable third-party costs and the reasonable value of work performed or resources committed by HMC above that 50%, up to a maximum total charge of 100% of the contract price.

S2.9) Where a production or digital campaign has already launched or the relevant deliverables have been substantially completed, HMC may charge up to 100% of the contract value.

Hurst Media Company Limited

Hurst Media Company Limited, The Frames, 1 Phipp Street, London EC2A 4PS

Registered Office: The Frames, 1 Phipp Street, London EC2A 4PS

UK Reg No: 08375910

VAT No: 161866882

Hurst Media Agency and Hurst Media Labs are trading styles of Hurst Media Company Limited.