Terms of Use

Conditions of Acceptance of Advertisements

Orders for insertion in any publications (including associated websites) of Kent Messenger Group Newspapers (hereafter referred to as KM) are accepted subject to the following conditions ("standard terms"):

1. Compliance with current legislation.

2. The provisions of the British Code of Advertising Practice. Where there is a conflict between the Standard Terms and the British Code of Advertising Practice these Standard Terms shall prevail.

3. LIABILITY

3.1 KM, as publisher, hereby excludes itself, its employees and/or agents from:

3.1.1 All and any liability for loss or damage caused by any error or inaccuracy or omission, whether the result of negligence or other cause, in printing and/or publication of any advertisement.

3.1.2 All and any liability for loss or damage to advertisers’ artwork/photos, supplied for the purpose of printing an advertisement, whether the loss or damage results from negligence or otherwise.

3.2 The total liability of KM shall not under any circumstances exceed the price of the advertisement or the cost of publishing a corrected advertisement whichever is the greater.

Other conditions applicable to all adverts placed are:-

4. No repeat, refund or adjustment will be made where in the opinion of KM the error, misprint or omission does not materially detract from the advertisement.

This condition may only be varied by written confirmation signed by a Director of KM and such confirmation shall relate only to a specified advertisement and date of publication and to no other.

5. Time shall not be of the essence in respect of any advertisement.

6. It is the responsibility of advertisers to check that their published advertisement is correct and any errors found should be immediately notified to KM. KM will accept no claims in respect of errors in advertisements after the first insertion has been published and in the case of a series of separate bookings utilising the same copy after the initial publication of the advertisement.

7. Any copy supplied electronically must be in the formats specified in the KM Guidelines for the transfer of electronic copy (details will be supplied on request).

8. All complaints, queries or claims must be raised with KM within one week of publication.

9. COPYRIGHT & PERMISSIONS

WARNING:

9.1 All printed matter appearing in KM publications and websites carries a copyright. No part may be reproduced, copied or published by any means whatsoever without the written consent of KM.

9.2 The placing of an order by an advertiser, or an advertising agency on behalf of a client, constitutes:-

9.2.1 A warranty by the advertiser and/or by the advertising agency that all necessary authority and permissions have been obtained in respect of the copy, fonts, artwork, or photographs, in whatever format supplied, for use in an advertisement.

9.2.2 An indemnity by the advertiser and the advertising agency to KM in respect of all actions, proceedings, costs, claims and demands arising from any breach of this condition.

9.3 Where KM provides artwork and design facilities to advertisers in order to produce copy for advertisements then KM will retain the copyright to these designs and layouts unless a specific artwork service charge is rendered in addition to the cost of the advertisement space.

10. RIGHT TO AMEND OR OMIT

KM reserves the right to amend or omit any advertisement without prior notice to the advertiser. Advertisers must so word their advertisement as to comply in all respects with all the requirements of the Business Advertisements (Disclosure) Order 1977 and the Trade Descriptions Act 1968. KM reserves the right to amend or omit colour artwork supplied if it fails to meet the KM colour policy currently in force.

11. ADVERTISING CHARGES

The advertisement rates shown are subject to immediate revision at any time and orders are accepted on condition that the price is binding in respect of the next issue to go to press or the next daily upload to a KM website. In the event of rate increases the advertiser or agent will have the option to cancel or continue the order at the revised advertisement rate. If colour copy is involved, KM reserves the right to make charges for any extra production work.

12. BOX NUMBERS

These must be replied to in writing. No addresses or information of any kind will be given by our staff. Whilst every endeavour will be made to forward replies, we accept no liability in respect of any loss or damage alleged to arise from any delay or non-delivery, however caused.

13. PAYMENTS

Payment must be made in advance, except where credit facilities have been granted by KM. Where credit facilities are offered the payment terms are subject to the Credit Rules currently in force. The existence of a query on any individual item in an account shall not affect the due date for payment of the balance of the account.

14. CANCELLATIONS

KM reserves the right to charge for advertisements unless the conditions below are followed:

14.1 Notice of cancellation or postponement on Display Advertisements must be given in writing one week prior to copy deadline. In the case of guaranteed positions two weeks’ notice in writing is required.

14.2 Notice of cancellation or postponement of Classified Advertisements is required 24 hours before copy deadline.

14.3 Notice of cancellation or postponement of Display and Classified Advertisements to a KM website are subject to the same notice periods as KM publications.

14.4 No claims will be accepted regarding cancellations unless a stop number is quoted. This will be given at the time of cancellation.

14.5 SPECIAL CONDITIONS FOR PRIVATE ADVERTISERS’ CANCELLATIONS

14.5.1 Private advertisements, once accepted, cannot be cancelled before the first insertion.

14.5.2 In the case of a series booking (e.g. two weeks paid for, one week free) the advertisement may be cancelled after the first insertion, but no refund will be given for the remaining week or weeks.

15. VAT

All charges rendered by KM to advertisers are subject to the addition of VAT according to current regulations and rates.

16. ELECTRONIC COMMUNICATIONS

Receipt by KM of a fax, e-mail or other electronic communication shall not be nor deemed to be an acceptance of any advertisement or order in whole or in part.

17. FREE ADVERTISING

KM offers at its sole discretion a free lineage advertisement service called “KM Freeads” whereby private advertisers are allowed to place advertisements free of charge in some categories within KM’s publications. These are subject to additional Conditions of Acceptance, the details of which are available on the KM website, www.kentonline.co.uk or please call 01622 794660, and whether or not the advertiser has inspected, those Conditions of Acceptance, the advertiser shall be deemed to place the order for adverts with full knowledge and acceptance of them.

18. DATA PROTECTION

KM reserves its right to record telephone calls to any KM telesales departments for service and training purposes.

19. By requesting KM to accept an advertisement for you, you consent to KM maintaining, recording, holding and using personal data which is collected about you. KM may share your information with selected companies and may use the information to notify you about competitions, prizes, special offers and other KM business communications. Should you not wish to receive any communications from KM, please contact Customer Services at the address below, or telephone 01622 794660 or by e-mail customerservices@thekmgroup.c o.uk.

20. KM reserves the right to disclose the name and address and/or other details of Advertisers and/or Agencies to the Police, Trading Standards Office, or any other relevant Authority, and where KM in its sole discretion deems it reasonable to other third parties.

21. CLASSIFIED TRADE ADVERTISERS

21.1 Business Advertisers dealing with second hand goods must provide their KCC Licence Number.

21.2 Mail Order Advertisers are required to complete a Mail Order Protection Scheme form before the advertisement will be accepted for publication.

22. ACCEPTANCE OF THESE CONDITIONS

The placing of an order, whether verbal, written of electric, for the advertisement shall be deemed to be an acceptance of the Standard Terms. Any conditions stipulated on any agency’s order form or elsewhere shall be void in so far as they are in conflict with our conditions.

September 2003 Kent Messenger Group
Kent Messenger Ltd
New Hythe Lane,
Larkfield
Aylesford
Kent ME20 6SG.

Telephone: 01622 717880
Fax: 01622 719637