Advertising Terms

1Who we are and what these Terms cover

Employer Branding News is published by Fathom Data Labs Pte Ltd, registered in Singapore, company number 202410787C, 160 Robinson Road, #14-04, Singapore 068914. In these Terms we call ourselves EBN, we or us.

These Terms apply to every booking of EBN media inventory. That means everything published on the rate card at employerbranding.news/partner, including advertising and sponsored content in the Newsroom, listings and advertising in the Provider Directory, buyer guides and Provider Insight articles, newsletter sponsorship, Newswire releases, research sponsorship, People Jobs advertising, and any package combining them.

They apply whoever introduced the booking to us. If a partner, agency or reseller brings you to EBN inventory, the contract for that inventory is still with us and is still on these Terms.

2Definitions

3The documents that make up your agreement with us

Your agreement with us is made up of the following documents, which apply together.

• The Order Confirmation.
• These Terms.
• The advert specification for the inventory booked, which we supply before you produce Materials.
• Our editorial policy at employerbranding.news/how-this-works, which sets out how we label paid content and where our editorial line sits.
• Our Privacy Notice at employerbranding.news/privacy and our Cookie Notice at employerbranding.news/cookies.

If they conflict, the Order Confirmation prevails over these Terms, and these Terms prevail over everything else.

How these Terms sit alongside our site Terms

Our Terms and Conditions at employerbranding.news/terms govern your use of Employer Branding News as a reader. These Terms govern your purchase of advertising and sponsorship from us. Both can apply to the same organisation at the same time, because an advertiser is also a reader.

Where both could apply to the same thing, these Terms govern anything arising out of or in connection with a Booking, including the limit of our liability for it. The liability limit in our site Terms does not apply to a Booking, and the liability limit in Section 20 of these Terms does not apply to your use of the site as a reader.

Any terms you attempt to impose on us, whether through a purchase order, a supplier portal, an emailed acknowledgement or a click-through, have no effect unless we have signed them.

4Booking and acceptance

• A Booking is made when we issue an Order Confirmation. Nothing said in a proposal, a call, an email thread or a rate card is an acceptance.
• Only an employee or director of Fathom Data Labs Pte Ltd can accept a Booking. Nobody else, including any partner or reseller who introduced you, can bind us.
• We may decline any Booking, in whole or in part, and we do not have to give a reason.
• Where inventory is scarce we will tell you how scarce it is before you book. Where the position you want is not available, we will offer you the next date it is, and you are free to decline.

How we deal with an Agency

• We may treat an Agency as authorised to act for the Advertiser on everything to do with the Booking, including creative, scheduling, amendments, approvals and notices. What the Agency instructs or agrees is the Advertiser's instruction or agreement, and a notice we send the Agency is a notice to the Advertiser.
• The Advertiser ratifies everything the Agency does on its behalf in connection with a Booking.
• Where we receive contradictory instructions from the Advertiser and the Agency, or from more than one agency claiming to act for the same Advertiser, we may act on any one of them and deal with only one of them. We will tell you which one we acted on.
• The Advertiser must tell us in writing straight away if it stops using the Agency. Until it does, we will keep treating that Agency as authorised.
• We may invoice either the Advertiser or the Agency. Invoicing the Agency does not release the Advertiser, who remains liable until we have been paid in full.

5What you are buying, and what you are not

We sell position and duration. We do not sell outcomes, and we will not pretend otherwise in order to close a booking.

• Advertising inside the Provider Directory runs across a category or across the site. You cannot buy a placement that appears on a named competitor's profile.
• The Verified check is granted with any paid Directory tier. It is never sold on its own and it is not a quality mark.
• A Directory listing, at any tier, is not a recommendation, certification, accreditation or endorsement. We do not vet the quality of anyone's work and we will not describe you as vetted, approved or recommended.
• You may say that you advertise with EBN, or that you hold the Directory tier you hold. You may not describe yourself as endorsed, accredited, certified, recommended or approved by EBN, or as our exclusive anything, unless the Order Confirmation expressly says so.
• No reference to EBN, Employer Branding News, Paper Cut, People Jobs or our logos may appear inside your Materials without our prior written approval of the exact wording.

6Editorial independence

• Everything you pay for is labelled, in the same size type as everything else on the page.
• Sponsored articles, thought leadership, Provider Insights and advertising placements carry rel="sponsored" on their outbound links.
• Sponsored articles have their own URL, are visually distinct, and are kept out of the main feed and the editorial newsletters.
• Sponsoring a newsletter, a series, a guide or a research paper is a named association with a body of work. It is not the right to determine what that work says.
• A research sponsor gets its name on the report, early access to the findings, and the coverage built around the launch. It gets no say in the questions, the sample, the analysis or the conclusions, and we will not withdraw a finding because a sponsor dislikes it.

If we decline to publish

We edit partner content for accuracy, clarity and house style, we ask for evidence behind claims, and we can decline to publish something that does not meet the standard. We would rather have that conversation before you write it than after.

7Fees, tax and payment

• All rates are in US dollars, and US dollars is the currency of your contract with us.
• Payment is due in full, in cleared funds, before the first Insertion. A Booking is not confirmed and no Insertion will run until payment has cleared.
• Where we agree credit terms in writing on the Order Confirmation, payment is due within 30 days of the invoice date.
• Rates are exclusive of GST, VAT, sales tax and any similar charge. Where we are required to charge tax, it will be shown separately.
• You will pay us free of any deduction or withholding. Where the law requires you to withhold, you will pay whatever additional amount is needed so that we receive the full invoiced sum.
• You are responsible for filing your own tax returns on time and for supplying, promptly, any certificate of residence or other document we reasonably need in order to claim relief under a double taxation agreement. You will indemnify us against any tax, penalty, interest or cost we incur because you did not.
• You may not set off any amount owed to us against any other amount.
• We may charge interest on overdue sums at 1.5 per cent per month, or the highest rate the law allows if that is lower, together with the reasonable costs of recovering an undisputed debt.
• Any part of an invoice you do not dispute in good faith must be paid in full while the disputed part is resolved.
• Where payment is more than 14 days overdue we may suspend or withdraw any Insertion, including a live Directory listing, on 7 days' written notice. Suspension does not reduce what you owe.

We may change our published rates at any time. A change never applies to a Booking we have already confirmed.

8Cancellation, postponement and rescheduling

Cancelling

• You may cancel a Booking without charge by giving us written notice at least 30 days before the Start Date.
• Inside 30 days of the Start Date, the full fee remains payable, whether or not the Advertisement runs.
• Annual products, being Directory listings, secondary categories, Category Buyer Guides and Bylined Series, cannot be cancelled once the term has started. You may of course ask us to remove a listing at any time, and we will, but the fee for the term is not refundable.
• Cancellation must be in writing to partner@employerbranding.news. A verbal cancellation is not effective.

Postponing

• You may postpone a Booking once, by giving us written notice at least 10 working days before the Start Date, provided the new Start Date falls within 45 working days of the original.
• We may agree to a second postponement or a longer one, at our discretion, on terms we set at the time.
• Postponement does not change the fee.

Where we reschedule

We may move the Start Date or the position of an Advertisement where our publishing schedule requires it. Where we do, we will tell you, and we will give you a position of equivalent value. If we cannot, Section 10 applies.

If we cancel

Where we cancel a Booking for a reason that is not your fault and not a breach of these Terms, you get a full refund of the fee for the Insertions that did not run. That is your only remedy.

9Materials, specifications and deadlines

• Materials must reach us by the Copy Deadline, meeting the specification for the inventory booked.
• You are responsible for checking that the Materials you supply are correct, current and complete. We treat what you send as a correct representation of what you want published.
• If Materials arrive after the Copy Deadline, we may postpone the Insertion. The fee remains payable and we are not liable for the delay.
• If an amendment arrives after the Copy Deadline, we may run the Materials we already hold.
• Where a colour combination you specify fails an accessibility contrast check, we will tell you and suggest the nearest colour that passes. We may decline to publish a combination that fails.
• We may reformat, resize, crop or restyle Materials as far as we reasonably need to in order to publish them properly on our platform and in both light and dark themes.
• We do not proofread your copy for you and we are not responsible for errors in what you supply.

10Delivery, measurement and make-goods

We sell position and duration, not volume, so there is no impression commitment to fall short of. What we owe you is that the placement you booked appears where and when we said it would.

• Any audience, traffic or engagement figure we give you before or during a campaign is an estimate. It is not a commitment and you should not rely on it as one.
• Where we report on a campaign, our own analytics are the controlling measurement. We do not accept third party measurement, because we do not support third party ad serving.
• We are not obliged to supply proof of publication, though we usually will.

If we do not deliver

Where an Advertisement fails to run for the agreed period, or runs materially outside the agreed position, and that is our fault, you choose one of the following.

• We extend the placement period by the equivalent time.
• We give you an equivalent placement elsewhere on the Rate Card, at the rate card value of what you missed.
• We issue a pro-rata credit against future bookings, valid for 12 months from the date we issue it.

This is your sole and exclusive remedy for non-delivery or misdelivery, and it is subject to the claims window in Section 21.

11What you promise us

You warrant, for every Advertisement and for every destination it links to, that:

• you own the Materials or have the right to supply them, and publishing them will not infringe anyone's copyright, trade marks, database rights, confidentiality, privacy or any other right;
• you have permission for every logo, client name, case study, testimonial, photograph and named or identifiable person in them;
• everything in them is accurate, not misleading, and not defamatory of anyone;
• every claim in them can be substantiated, and you will provide the evidence within 5 working days if we ask;
• you have not used a superlative or a performance claim you have not measured. "Leading", "best", "number one" and "proven to increase" all need evidence;
• they comply with all applicable law and advertising codes in every country where EBN Properties are read, which is more than fifty;
• they are clearly recognisable as marketing and do not imitate our editorial content or design;
• they do not discriminate, or indicate an intention to discriminate, on any protected ground, and any job advertising complies with the employment and equal opportunity law of the country it targets;
• they contain no malware, adware, malicious code or anything that interferes with a reader's device or our systems;
• you have disclosed any material use of AI in research, articles or other content you supply, where a reader would reasonably want to know; and
• any research you supply states its methodology, sample size, sample composition, dates, limitations and who funded it; and
• where you send us personal data, including named contacts, case study participants, quoted individuals or anyone identifiable in your Materials, you have given every notice and obtained every consent the law requires, so that our publishing it puts neither of us in breach of data protection law.

You also confirm that neither you, the Advertiser, nor any of your directors or controlling shareholders is subject to sanctions imposed by the United Nations, Singapore, the United Kingdom, the European Union or the United States.

12What we will not publish

We may refuse, edit, postpone, withdraw or stop publishing any Advertisement, at any time and at our discretion, including after it has gone live. We will normally give you a reason, and where the problem is fixable we will normally give you the chance to fix it first.

We will refuse anything that in our reasonable opinion:

• is unlawful, or would put us or a reader in breach of any law or advertising code;
• infringes anyone's rights, or is defamatory;
• is misleading, or makes a claim you cannot substantiate;
• discriminates, or offends racial or religious sensitivities;
• is presented as research but is marketing collateral;
• reads as though it was generated and never read by a person;
• is only marketing, with nothing useful in it;
• damages, or is likely to damage, the reputation of EBN or its readers' trust in it; or
• conflicts with our editorial policy at employerbranding.news/how-this-works.

Categories we do not accept

We will not run advertising, sponsorship or sponsored content for any of the following, whoever is asking and whatever the budget.

• Adult content.
• Gambling and betting.
• Tobacco, vaping and nicotine products.
• Weapons.
• Illegal drugs.
• Payday lending and high-cost short-term credit.
• Cryptocurrency, tokens and speculative investment products.
• Multi-level marketing and network marketing.
• Business-opportunity and get-rich-quick schemes.
• Political parties, candidates and campaigns.
• Religious proselytising.

Categories we do not accept, specific to what we cover

These matter more to us than the list above, because they are the ones that would do the most damage to the people who read us.

• Any service that charges a candidate a fee to apply for, be matched to, or be considered for work.
• Visa, relocation or immigration services that promise a job or guarantee an outcome.
• CV writing, interview coaching or guaranteed placement services sold to individuals.
• Degree mills, essay mills and unaccredited certification.
• Job advertising for a vacancy that does not exist.
• Employee surveillance and covert monitoring tools.
• Any hiring or assessment tool claiming to be bias free, fair or compliant without published, independent evidence. We will ask to see the evidence, and "our model was trained to be fair" is not evidence.

Categories we will look at case by case

These are not refused, but we will want a conversation before you book, and we may say no.

• Competing employer branding publications, directories and communities.
• Recruitment agencies advertising to candidates rather than to employers.
• Generative AI tools, where we will want the claims to stand up.
• Anything naming a client, showing a logo, or using a case study or testimonial you cannot evidence permission for.

Where we refuse an Advertisement before it runs, or withdraw one because you have breached Section 11, the fee is not refundable and we are not liable for the consequences of not publishing. Where we withdraw an Advertisement for a reason that is not your fault, Section 10 applies. Where we decline partner content on editorial grounds, Section 6 applies and you may take a full refund.

If a third party alleges that an Advertisement is defamatory or infringing, we may suspend it immediately, publish a correction or apology, and settle the allegation, without needing your authority and without investigating the merits first. Doing so does not affect anything you owe us or anything you have promised us.

13Links and search

Some directories in this category sell links that pass search ranking credit. Google is explicit that this is a link scheme. We do not sell them, and this section is here so that nobody can later say they thought we did.

You acknowledge that no part of any fee is paid for search ranking benefit, and you will not represent to anyone that it is.

14Data, audiences and lead capture

• We do not sell, rent, share or otherwise provide access to our subscriber list, member list, event attendee list or any reader's contact details. No booking of any size changes that.
• Newsletter sponsorship places your Advertisement inside the email. It does not give you the recipients.
• You may not run a lead capture form, gated download, prize draw, QR capture or tracked registration inside any EBN Property without our prior written consent.
• Any resource you offer our readers must be readable without them giving you their details.
• You may not scrape, crawl, harvest, export or systematically copy any EBN Property, its content, its listings or its readers' details, by any means, automated or manual.
• You may not use any EBN Property as a lead list or a data source.

Where we ever pass you personal data, it will only be the details of people who have specifically and separately chosen to share them with you by name, and we will tell you what they agreed to. You become an independent controller of that data. Neither of us is the other's processor and neither of us is a joint controller. You must have your own lawful basis and your own privacy notice, use the data only for what those people agreed to, and honour any objection or erasure request without delay.

Each of us will comply with applicable data protection law, including Singapore's Personal Data Protection Act and, where it applies, the UK and EU GDPR. Each of us will tell the other without undue delay about any personal data breach affecting data shared under a Booking.

A breach of this Section is a material breach and we will act on it immediately.

15Tracking technologies

Advertising cookies on EBN Properties are off until a reader turns them on, we honour Global Privacy Control signals, and the Provider Directory sets nothing beyond the strictly necessary. Our Cookie Notice sets out the detail. Nothing in a Booking changes any of that.

What happens once a reader reaches your destination is your responsibility. You are responsible for your own consent collection, your own cookie compliance and your own privacy notice, and you will not do anything there that puts us in breach.

16Intellectual property

• Each of us keeps ownership of our own intellectual property. Nothing in a Booking transfers ownership of anything.
• You grant us a non-exclusive, worldwide, royalty-free licence to host, reproduce, format, edit for house style, translate, publish, republish, promote and archive your Materials in connection with EBN Properties, for the term of the Booking and afterwards in our archive.
• We are not required to alter or remove archived material, past editions, recordings or newsletters that have already been sent.
• EBN, Employer Branding News, Paper Cut, People Jobs, the Provider Directory, our logos, our page designs and our editorial belong to us or our licensors.
• Where we write or design any part of an Advertisement for you, including thought leadership produced from an interview, we keep ownership of it. You get a licence to use it in the form we published, and you may not use it elsewhere without our written consent. It is not our editorial and you remain responsible for it.
• Each of us grants the other a licence to use its name and logo for the term of the Booking, solely to identify the relationship. Those licences end when the Booking ends.

Neither of us will issue a press release or public announcement about a Booking without the other's prior written approval, which neither will unreasonably withhold or delay.

17Confidentiality

Each of us will keep the other's non-public business information confidential and use it only for the Booking. This does not apply to information that is already public through no fault of the receiving party, was already known to it, reaches it from a third party without restriction, or has to be disclosed by law.

Our rates are published, so nothing about them is confidential. Any discount, package price or bespoke arrangement recorded on an Order Confirmation is confidential to both of us.

This Section survives for three years after the Booking ends.

18Your indemnity

You will indemnify us, our directors, employees and contractors against all losses, liabilities, costs, claims, damages, expenses and reasonable legal fees arising out of or in connection with:

• any breach by you of Section 11, Section 14 or Section 15;
• any claim that an Advertisement, its Materials or its destination infringes a third party's rights, is defamatory, is misleading or is unlawful; and
• our publication of an Advertisement in accordance with these Terms.

Where an Agency placed the Booking, the Agency and the Advertiser give this indemnity jointly and severally.

19Disclaimers

Other than as expressly set out in these Terms, and to the fullest extent the law allows, we exclude all warranties, conditions and representations, whether express, implied, statutory or otherwise. In particular we make no representation and give no warranty about:

• the number of impressions, views, clicks, opens or engagements an Advertisement will receive;
• the composition, size or accuracy of our audience data;
• whether readers of an Advertisement will be resident in any particular jurisdiction;
• the exact layout, position or rendering of an Advertisement on any device, browser or theme;
• the availability or uninterrupted operation of any EBN Property; or
• the accuracy or completeness of anything we tell you about how an Advertisement performed.

EBN Properties are provided on an "as is" and "as available" basis.

20Limitation of liability

Subject to that:

• neither of us is liable for loss of profit, loss of business, loss of revenue, loss of contracts, loss of anticipated savings, loss of goodwill, loss of or corruption of data, or any indirect, special, incidental or consequential loss, whether or not it was foreseeable;
• our total liability arising out of or in connection with any Advertisement, whether in contract, tort, negligence, breach of statutory duty or otherwise, will not exceed the fee you actually paid us for that specific Advertisement; and
• we are not liable for any failure to perform caused by anything outside our reasonable control.

The limit in the second bullet does not apply to your obligations to pay us, or to your indemnity under Section 18.

21When you must bring a claim

This does not shorten any period that cannot lawfully be shortened.

22Suspension and termination

• Either of us may terminate a Booking immediately, in writing, if the other commits a material breach and, where the breach can be fixed, fails to fix it within 14 days of being asked to.
• We may suspend or withdraw any Advertisement immediately, without notice, where we reasonably believe it is unlawful, is causing harm, breaches Section 11, or exposes us to liability or to sanctions.
• Either of us may terminate immediately if the other becomes insolvent or enters an equivalent process.
• Where we terminate for your material breach, the fee for the remainder of the term is not refundable. Where you terminate for our material breach, we refund the proportionate part of the fee for Insertions that did not run.
• Spam, scraping reader or member data, and misrepresenting who you are result in immediate removal without refund, and we will consider legal action.

Sections 11, 13, 14, 16, 17, 18, 19, 20, 21, 24 and 27 survive the end of a Booking.

23Complaints and corrections

• If we published something about your Advertisement incorrectly, email partner@employerbranding.news with the URL and what is wrong.
• If you think we have got a fact wrong in our editorial, email editor@employerbranding.news. We fix the error and add a dated note at the foot of the piece saying what changed. We do not quietly edit a published claim.
• Disagreeing with our conclusion is a legitimate thing to raise even when our facts are right. It is not a commercial matter and it will not be treated as one.
• For anything about how we handle personal data, email dpo@employerbranding.news.
• Raising a concern with us does not affect your right to take legal action.

24Anti-bribery, sanctions and lawful conduct

Each of us will comply with all applicable laws on bribery, corruption, money laundering, terrorist financing and economic sanctions, including the Prevention of Corruption Act and the Corruption, Drug Trafficking and Other Serious Crimes Act of Singapore, and, where they apply, the UK Bribery Act 2010 and the US Foreign Corrupt Practices Act.

• Neither of us will offer, promise, give, request or accept any financial or other advantage intended to induce or reward the improper performance of anything.
• Nothing in a Booking is conditional on any payment, gift, hospitality or favour to any individual at either company. Our rates are published, and a discount is recorded on the Order Confirmation or it does not exist.
• You confirm that neither you, the Advertiser, nor any of your directors or controlling shareholders is subject to sanctions imposed by the United Nations, Singapore, the United Kingdom, the European Union or the United States, and that performing the Booking will not expose us to any sanction.
• You will tell us straight away if that stops being true.

We may terminate any Booking immediately, in writing, if you breach this Section or if continuing would in our reasonable opinion expose us to sanctions. Where we do, the fee is not refundable and we have no further liability to you.

25EBClub, and how a combined arrangement works

EBClub is operated by Beyond Cloudnine Limited, registered in England and Wales under company number 16761069. It is a separate company with a separate contract, separate terms and a different governing law.

Some proposals put EBN media alongside EBClub membership, community sponsorship or event sponsorship, because that is often the sensible answer. When that happens, this is the position, and it does not change depending on who sold it to you.

• Each element is a separate contract with a separate contracting party. Neither company is the other's agent, and neither can bind the other.
• Each element stands on its own. A failure or a dispute on one does not entitle you to a remedy against the other, and does not let you withhold payment on the other, unless the Order Confirmation expressly says the elements are conditional on each other.
• You will receive separate invoices from each company.
• Where an EBN Advertisement appears inside EBClub, or an EBClub benefit appears on an EBN Property, these Terms govern the EBN element and the EBClub documents govern the EBClub element.
• Nothing you buy from either company gives you access to EBClub practitioners, their contact details, the member list, or the right to message them first.
• Anyone from your organisation who takes part in EBClub is bound by the EBClub Community Guidelines at employerbranding.news/ebclub-community-guidelines and, where they hold Provider membership, the EBClub Provider Standards at employerbranding.news/ebclub-provider-standards. Those are Beyond Cloudnine's rules, not ours, and we cannot waive them for you.

26Changes to these Terms

We may update these Terms. The version that applies to a Booking is the version in force on the date of the Order Confirmation, and we will not change it for that Booking afterwards.

Where a change is material we will give at least 30 days' notice before the new version applies to new Bookings. We keep a version history and will tell you which version applied to yours.

27General

• Governing law. These Terms and any Booking are governed by the law of Singapore, excluding its conflict of law rules.
• Jurisdiction. The courts of Singapore have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
• Trying to resolve it first. Before either of us starts proceedings, we will each try in good faith to resolve the dispute, for 30 days from written notice of it. Neither of us is prevented from seeking urgent interim relief from any court.
• Assignment. You may not assign or transfer a Booking without our written consent. We may assign to a company in our group or to a buyer of the business, provided your rights are not reduced.
• Independent contractors. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.
• Entire agreement. The documents listed in Section 3 are the whole agreement about a Booking and supersede any prior proposal or discussion. Nothing in this bullet limits liability for fraudulent misrepresentation.
• Variation. Any variation must be in writing and agreed by both of us.
• Waiver. If we do not enforce a right straight away, we have not given it up. Publishing an Advertisement does not mean we accept it complies with these Terms.
• Severability. If any provision is unenforceable, it is severed and the rest continues in full force.
• Third parties. Except for the people and companies indemnified under Section 18, who may enforce that Section, the Contracts (Rights of Third Parties) Act 2001 of Singapore does not apply to these Terms, and nobody other than you and us may enforce them.
• Notices. Notices to us go to partner@employerbranding.news and to the postal address in Section 28. Notices to you go to the email address on the Order Confirmation.
• Language. These Terms are written in English. Where we provide a translation, the English version prevails.

28How to contact us