Effective July 1, 2023
These Advertising and Sponsorship Terms and Conditions (“Terms and Conditions”), together with any Insertion Order (“IO”), govern both print and digital advertising and sponsorships in The Chronicle of Higher Education (“The Chronicle”). The organization, company, institution, agency, or other entity placing any form of advertising or sponsorship with The Chronicle is hereinafter referred to as “Client.”
IO’s are used for display (branding) advertising and sponsorships. The IO and these Terms and Conditions represent the entire obligation between Client and The Chronicle relating to the subject matter hereof, and supersede all prior and contemporaneous agreements, negotiations, contracts, and understandings, either oral or written, between the parties. Unless specifically agreed to in writing by The Chronicle, these Terms and Conditions shall supersede and control any contrary provision of any Client contract, agency-written IO, or other correspondence. Recruitment advertisements and packages without IO’s are also subject to these Terms and Conditions.
The Chronicle has the right to change these Terms and Conditions at any time. The Chronicle will notify Client of any such changes by updating the Effective Date above. If Client does not agree to such changes with respect to any IO entered into before the new Effective Date, it must send written notice to The Chronicle rejecting such changes within thirty (30) days of the change in the Effective Date, or the changes will be deemed accepted. If Client provides such notice of rejection, the changes will not apply to any IO entered into before the new Effective Date. All new IO’s will be subject to the Terms and Conditions in effect at the time both parties accept the new IO.
General Advertising Terms and Conditions
These terms apply to all Clients:
- Advertising content is subject to The Chronicle’s approval. The Chronicle reserves the right to reject or cancel any advertisement at any time and for any reason.
- Advertising content that could be mistaken as news or other non-advertising material must be clearly marked “Advertisement,” “Special Advertising,” “Sponsored Content,” or other appropriate description. The Chronicle reserves the right to add such notations above and/or below any copy to ensure clarity. Only publication of an advertisement shall constitute final acceptance of Client’s order.
- Positioning of advertisements is at the discretion of The Chronicle.
- Unless specifically agreed to in writing for special types of campaigns, The Chronicle does not guarantee any particular level of paid circulation, reach, or readership.
- Client grants to The Chronicle a royalty-free right to convert print advertisements into digital products, to include them in electronic databases and other versions of the publication, and to make them available through the internet or through other sources.
- Agencies that place advertisements on behalf of a Client are subject to these Terms and Conditions. Client assumes liability for all content of advertisements published by The Chronicle. Client grants The Chronicle the non-exclusive right and license to use, reproduce, transmit, and distribute all creative materials supplied by or on behalf of Client, including, without limitation, all text, graphics, logos, illustrations, and photographs (the “Creative”). Client represents and warrants that: (i) it has all the necessary rights in the Creative; (ii) the Creative does not violate any applicable law or regulation; (iii) the Creative does not violate or infringe upon any third-party right in any manner, or contain any material or information that is defamatory, libelous, slanderous; and (iv) the Creative does not violate any person’s right of publicity, privacy, personality, or could result in any tort, injury, damage, or harm to any person or institution. Client acknowledges that The Chronicle is relying on the foregoing representations and warranties.
- Subject to state law, Client agrees to indemnify, defend, and hold The Chronicle and its respective officers, directors, and employees harmless from and against any and all expenses and losses of any kind (including reasonable attorneys’ fees and costs) incurred on the basis of a breach of any of the foregoing representations and warranties, or in connection with any claim arising from or related to any advertisement supplied by Client, including, but not limited to, claims of copyright or trademark infringement and claims of libel or invasion of privacy.
- Advertisements not received by the closing deadline will not be subject to approval or revision by Client and/or its agency. The Chronicle will not be responsible for errors appearing in advertisements that are placed too late for proofs to be submitted, or for errors in advertisements received after the closing deadline. Client is responsible for checking the accuracy of any proofs it receives.
- Cancellations or changes in orders must be received in writing by the closing deadline.
- The Chronicle shall not be liable for any costs or damages if, for any reason, it fails to publish an advertisement. The Chronicle is not liable for delays in delivery and/or nondelivery in the event of an Act of God, action by any governmental or quasi-governmental entity, fire, flood, insurrection, riot, explosion, embargo, strikes (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, or any condition beyond the control of The Chronicle.
- For online and email-newsletter advertising, The Chronicle shall not be liable to Client for any technical malfunction, computer error, or loss of data, or other injury, damage, or disruption to advertisements or Web sites, which are beyond the control of The Chronicle. Although The Chronicle has extensive security on its systems, it has no obligation to detect, nor does it take any responsibility for the presence of any computer virus or malicious code in any emails or files exchanged to or from Client.
- The Chronicle’s sole liability for any error for which it might be responsible will not exceed the cost of the advertisement. Claims for errors must be made in writing within 30 days of the issue date or the date the advertisement first appeared online.
Recruitment Advertising Terms and Conditions
In addition to the General Advertising Terms and Conditions above, the following terms and conditions also apply to all forms of recruitment advertising.
- The Chronicle accepts recruitment advertisements from accredited colleges and universities and other organizations. Upon receipt of advertisements from non-U.S. postsecondary institutions, The Chronicle will rely on the locally recognized accrediting agency or entity. However, The Chronicle reserves the right to make reasonable inquiries to determine the legitimacy of the institution and position being advertised.
- Recruitment advertisements may not contain references or links to other commercial job services.
- Basic job postings, which are online-only job advertisements (without a print insertion), may only reference one open position. The Chronicle may take down any online-only job advertisements that violate this provision without advance notice or refund to Client.
- Display advertisements in print may reference multiple jobs, and the online portion of such advertisements may also list multiple jobs (unlike the restrictions on online-only job advertisements). However, such listings may not be as effective online unless they are posted as separate job advertisements. Client should work with The Chronicle’s sales representatives to develop the most appropriate online listing, given Client’s needs and budget. Line advertisements in print may only reference one job opening.
- The Chronicle provides its job-scraping service through a third party, subject to change at any time. While the service is designed to be effective, Client’s payment and use of the service indicates acceptance of the following:
- The service is provided “as is” and without any specific promises or guarantees of quality, suitability, accuracy, completeness, or performance.
- The Chronicle disclaims all warranties, expressed or implied, statutory or otherwise, including, but not limited to, warranties of merchantability, title, noninfringement of third-parties’ rights, and fitness for a particular purpose.
- The Chronicle has no liability for any errors or omissions relative to the service and is not responsible for any damages or losses that occur as a result of the use or inability to use the service.
- In no event will The Chronicle be liable to Client or any third party for any special, indirect, incidental, exemplary, punitive, or consequential damages or penalties, even if The Chronicle has been advised of the possibility of such damages or penalties.
- The Chronicle’s maximum liability for this service, for any reason, is $500.
- Client must notify The Chronicle’s Recruitment Advertising Department at least five business days in advance of any changes to Client’s website site that could affect the scraping service.
- A separate fee is assessed for each URL being scraped. Fees charged for scraping are nonrefundable.
- Online job-posting packages are non-refundable.
Sponsorship Terms and Conditions
In addition to the General Advertising Terms and Conditions above, the following terms and conditions also apply to sponsorships when Client provides content.
- When Client submits their own article or research (“Content”) for distribution, promotion, or publication, Client warrants that such Content is original, that all the facts contained therein are true and accurate, that it does not infringe another’s copyright or proprietary rights, and that it does not violate any person’s right of privacy. Client also warrants that the Content contains no libelous or other unlawful material. Client agrees to cooperate fully with The Chronicle in responding to, and defending against, any third-party claims relating to the Content.
These terms apply to all Clients.
- Invoices are due in U.S. dollars upon receipt.
- The Chronicle encourages Clients to remit payment via direct deposit through the Automated Clearing House. Please contact your account representative to obtain The Chronicle’s bank account information.
- Clients may make credit card payments at point of sale or within 30 days using this form: https://payments.chronicle.com/. The Chronicle reserves the right to impose a processing fee for credit card payments that are paying invoices older than 30 days.
- Invoices are deemed past due if unpaid 30 days from the date of the invoice. Subject to state law, late charges may accrue at one percent per month on past-due invoices.
- Client and/or its agency will be deemed delinquent if any invoices remain unpaid 60 days from the date of the invoice. For delinquent accounts, the entire amount owed, plus any fees described below, shall become due and payable immediately. Additionally, The Chronicle may suspend advertising and sponsorships.
- The Chronicle may seek assistance from an outside collection agency or law firm. Subject to state law, Client and/or its agency will be jointly and severally responsible for collection fees totaling 25 percent of the total outstanding balance plus reasonable attorneys’ fees and court costs, if any.
- New Clients or their agencies not known to The Chronicle are initially required to pay in advance. Consult with your sales representative for more information.
- For those who receive discounts in exchange for placing a minimum number of advertisements, Client agrees to pay the non-discounted rate for all advertisements included in a contract or insertion order, if, within any contract period, Client does not use the amount of space or submit the required number of insertions upon which its discounted billings have been based.
- Subject to state law, Client and Client’s agency agree to be jointly and severally liable for any and all financial obligations to The Chronicle for Client’s advertising or sponsorships. Payment by Client to Client’s agency does not constitute payment to The Chronicle, and the failure of Client’s agency to collect funds from Client does not relieve such agency of its obligations to make all payments due in a timely manner.
- The failure of The Chronicle to enforce any one or more of these provisions will not be construed to be a waiver of any of these Terms and Conditions, or of The Chronicle’s right to enforce such provisions.