Conditions of Acceptance of Advertisements
1. Application of Standard Terms:
1.1. These terms and conditions (“Standard Terms”) govern all
offers (each an “Offer”) by the advertiser named on the Multimedia
Booking Form (“Advertiser”) for the placement of advertisements
with Kent Messenger Limited, of New Hythe Lane, Larkfield,
Aylesford, Kent , ME20 6SG (“KM”) for publication or broadcast,
whether in KM printed material (“In-Print”) or on the KM website or
websites from time to time (“On-Line”) or broadcast on the KM radio
station (“On-Air”) (each, together and/or in any combination, the
“Advertiser’s Advertising Campaign”).
1.2. No offer to place advertisements shall be accepted on any
terms other than these Standard Terms and any terms or conditions
stipulated by the Advertiser on the Multimedia Booking Form, or
elsewhere shall be void where they are inconsistent with these
1.3. By submitting a Multimedia Booking Form, the Advertiser
agrees unconditionally to be bound by these Standard Terms. KM
shall not be deemed to have accepted an Offer, or become
contractually bound to publish or broadcast any advertisement until
it has sent the Advertiser a Confirmation of Multimedia
Advertisement Campaign Form OR published or broadcast the first
advertisement in the Advertiser’s Advertising Campaign, whichever
is the sooner event, at which point such acceptance shall form a
legally binding agreement between the Advertiser and KM according
to these Standard Terms (“Agreement”). A separate Agreement shall
arise in respect of each Multimedia Booking Form which is accepted
1.4. If there is an inconsistency between any of the provisions
of these Standard Terms and the provisions of the Multimedia
Booking Form or the Confirmation of Multimedia Advertisement
Campaign Form, the provisions of these Standard Terms shall
2. Advertiser Obligations:
2.1. The Advertiser warrants that it is contracting with KM as a
principal, notwithstanding that the Advertiser may be acting
(whether directly or indirectly) as an agent, media buyer or in any
other capacity for a third party wishing to place an advertisement.
The Advertiser further warrants that it has all rights, authority
and permissions, relating to any image rights if applicable,
photographs, copy, fonts, artwork or other multimedia material to
enter into an agreement with KM for the publication and or
broadcast of the Advertiser’s advertisement by KM.
2.2. The Advertiser hereby grants KM the right to publish and or
broadcast the advertisement, whether In-Print, On-Line or On-Air as
requested in the Advertiser’s Multimedia Booking Form.
2.3. The Advertiser warrants that the publication, re-production
and or broadcast of any advertisement submitted by the Advertiser,
by KM, will not breach any intellectual property rights and or
other proprietary rights of any third party AND that all
information submitted relating to any advertisement is true,
accurate, complete and not misleading, obscene, indecent,
dishonest, fraudulent, threatening, offensive, defamatory, or in
breach of confidence.
2.4. The Advertiser shall ensure that all advertising copy and
or other content submitted for publication and or broadcast, to KM
is, legal, decent, honest and truthful and complies with the
British Code of Advertising Practice and all other similar codes,
regulations, and directions as to best practice or other rules
advised by the Advertising Standards Authority and if applicable
the Financial Services Authority from time to time AND complies
with all relevant and appropriate legislation (whether being the
law of the European Union in force or applicable in the United
Kingdom or otherwise), including without limitation the Data
Protection Act 1998 and the Financial Services and Markets Act
2.5. The Advertiser shall check that their published
advertisement is correct and any errors found must immediately be
notified to KM in writing and no later than three days from
publication and or broadcast. KM will not accept or be liable for
any claims in respect of errors repeated in advertisements after
the first insertion has been published and or broadcast and in the
case of a series of separate bookings utilising the same copy after
the initial publication of the advertisement.
2.6. Any copy and or material supplied electronically by the
Advertiser must be in the formats specified in the KM Guidelines
from time to time, for the transfer of electronic copy (details
will be supplied on request).
2.7. The Advertiser shall indemnify KM and keep KM indemnified
in respect of any loss, liability, claim, proceedings, demands,
damage, expense, including legal expenses, incurred by KM as a
result of the Advertiser’s breach of these Standard Terms and or
any other such appropriate terms implied by law.
3. KM rights:
3.1. KM shall have the right to:
3.2. KM will use its reasonable endeavours to comply with the
timing of the publication and or broadcast of any advertisement as
requested on the Advertiser’s Multimedia Booking Form.
3.3. Unless specifically agreed in writing on the Confirmation
of Multimedia Advertisement Campaign Form, KM shall have no
obligation to supply vouchers and or tearsheets nor shall the
provision of vouchers and or tearsheets be implied by the content
of the proposed advertisement, whether specifically mentioned or
3.4. KM shall use its reasonable endeavours to ensure that :
3.5. All printed matter appearing in KM publications whether
In-Print or On-Line is subject to copyright. No part may be
reproduced, copied, published, broadcast or stored by any means
whatsoever without the prior written consent of KM.
3.6. Where KM is requested to provide artwork and design
facilities to Advertisers in order to produce copy for
advertisements then KM will retain the copyright and any other
intellectual property rights to these designs, layouts, formatting
and content unless a specific artwork service charge is rendered in
addition to the cost of the advertisement campaign.
4.1. The Advertiser acknowledges that the vast majority of the
work carried out by KM in preparing an advertisement for
publication and or broadcast, whether In-Print, On-Line or On-Air,
as part of the Advertiser’s Advertising Campaign, is carried out
prior to the first placement of the advertisement AND consequently,
notwithstanding that contrary to the provisions of clause 13.2, in
the event that KM agree that the Advertiser may pay the charges in
stages spread out over a period of time, as confirmed in writing by
KM on the Confirmation of Multimedia Advertisement Campaign Form
(“Stage Payments”), the Advertiser agrees and accepts that KM shall
be entitled to demand the immediate payment of 85% (Eighty Five
percent) of the balance of any outstanding Stage Payments upon
notification by the Advertiser that the Advertiser wishes to cancel
or postpone the remaining placement of the advertisements in the
Advertiser’s Advertising Campaign.
4.2. 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.
4.3. Notice of cancellation or postponement of Classified
Advertisements is required 24 hours before copy deadline.
4.4. Notice of cancellation or postponement of Display and
Classified Advertisements to a KM website are subject to the same
notice periods as KM publications.
4.5. Notice of cancellation or postponement of Radio
Advertisements is required 28 days before going out on air.
4.6. No claims will be accepted regarding cancellations unless a
stop number is quoted. This will be given at the time of
SPECIAL CONDITIONS FOR PRIVATE ADVERTISERS’
4.7. Private advertisements, once accepted, cannot be cancelled
before the first insertion.
4.8. 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
4.9. KM may treat as cancellation the fact that the Advertiser
becomes insolvent, has an administrator, receiver or manager
appointed over the whole or any part of its assets or business, or
makes any composition or arrangement with its creditors, takes or
suffers any similar action in consequence of debt, or an order or
resolution (whether final or not) is made for bankruptcy,
winding-up, dissolution or liquidation of the Advertiser (other
than for the purpose of solvent re-organisation) or any event
occurs in a foreign jurisdiction analogous to, or comparable with,
any of the above or the Advertiser is otherwise in breach of any of
these terms and conditions.
5. Classified Trade Advertisers:
5.1. Business Advertisers dealing with second hand goods must
provide their Kent County Council Licence Number.
5.2. Mail Order Advertisers must complete a Mail Order
Protection Scheme form before any advertisement will be accepted
6. Private Advertisers:
6.1. KM offers at its sole discretion (and
subject to availability) a free lineage advertisement service
called “KM Freeads” whereby private advertisers (individuals who
are not advertising or selling the item in question in the course
of a business) are allowed to place certain 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 AND the
Advertiser shall additionally be deemed to be subject to these
additional Conditions of Acceptance.
7. Limitation of liability:
7.1. KM will not be liable for the loss of any artwork,
photographs, copy or other materials submitted for publication and
7.2. Subject to clause 7.3, KM shall not be liable, whether in
contract, tort, or otherwise, for any loss of profit, loss of
opportunity, loss of goodwill, loss of anticipated saving, loss of
revenue and/or any other loss which is indirect, consequential or
economic and KM’s maximum aggregate liability for any loss or
damage arising out of or in relation to any advertisement ordered
by or on behalf of the Advertiser whether publish or broadcast or
not and whether in contract, tort or otherwise shall not exceed the
total amount of the charges for the relevant advertisement paid or
payable by the Advertiser and received by KM in cleared funds or
the cost of publishing a corrected advertisement whichever is the
7.3. Nothing in these conditions shall exclude or restrict
either KM’s or the Advertiser’s liability for death or personal
injury resulting from the negligence of the relevant party or of
its employees while acting in the course of their employment or
shall exclude or restrict either party’s rights, remedies or
liability under the law governing these conditions in respect of
7.4. Except as expressly set out in these conditions, all
conditions, warranties, terms and undertakings, express or implied,
statutory or otherwise in respect of the obligations of KM (and
specifically those relating to satisfactory quality and or fitness
for a particular purpose) are excluded to the fullest extent
permissible at law.
7.5. KM shall have no obligation to repeat the publication or
broadcast of any Advertiser’s Advertising Campaign, or refund or
make any adjustment to the charges, where in the reasonable opinion
of KM the error, misprint or omission does not materially detract
from the advertisement.
8.1. No failure or delay by KM to exercise any
right or remedy provided under these Standard Terms or by law shall
constitute a waiver of that or any other right or remedy, nor shall
it preclude or restrict the further exercise of that or any other
right or remedy. No single or partial exercise of such right or
remedy shall preclude or restrict the further exercise of that or
any other right or remedy.
9. No assignment:
9.1. The Advertiser shall not, without the
prior written consent of KM, assign, transfer, or deal in any other
manner with any agreement arising under these Standard Terms or any
of its rights and obligations under these Standard Terms, or
purport to do any of the same.
10. Data protection:
10.1. The Advertiser hereby gives KM consent for KM to record
telephone calls between any KM telesales departments and the
Advertiser for service and training purposes.
10.2. By requesting KM to accept an advertisement for them,
Advertisers consent to KM maintaining, recording, holding and using
personal data which is collected about them. KM may share such
information about Advertisers with selected companies and may use
the information to notify Advertisers about competitions, prizes,
special offers and other KM business communications. Should
Advertisers not wish to receive any communications from KM, please
contact Customer Services at the address below, or telephone 01622
794660 or by e-mail email@example.com.
10.3. KM shall be entitled 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 or as
otherwise required by law, and also where KM in its sole discretion
deems it reasonable, to other third parties from time to time.
11. Box numbers:
11.1. These must be replied to in writing. No
addresses or information of any kind will be given by KM staff.
Whilst every endeavour will be made to forward replies, KM accept
no liability in respect of any loss or damage alleged to arise from
any delay or non-delivery, however caused.
12.1. The Advertiser undertakes that it shall not at any time
disclose to any person any confidential information concerning the
business, affairs, customers, clients or suppliers of KM except as
permitted by clause 12.2.
12.2. Each party may only disclose the other party's
12.3. No party shall use any other party's confidential
information for any purpose other than to perform its obligations
under these Standard Terms.
13. Charges and payment:
13.1. All advertisement rates are subject to immediate revision
at any time and Offers are accepted on condition that the price is
binding in respect of the next insertion to go to print, or be
broadcast or uploaded to a KM website. In the event of rate
increases the Advertiser 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 additional changes for any
extra production work or late submission of copy or other
13.2. 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 which unless prepaid or agreed separately are 28 (twenty
eight) days following the month of invoicing. 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.
13.3. Payment for the advertisement shall be made regardless of
whether or not the Advertiser has:
13.4. The Advertiser agrees to pay KM in respect of each
advertisement for which payment is not made when due:-
13.5. All charges quoted by KM are exclusive of Value Added Tax,
which is payable at the prevailing rate from time to time.
14. Entire agreement:
14.1. These Standard Terms constitute the whole agreement
between the parties and supersede all previous agreements between
the parties relating to the placement of advertisements with
14.2. Each party acknowledges that, in entering into these
Standard Terms, it has not relied on, and shall have no right or
remedy in respect of, any statement, representation, assurance or
warranty (whether made negligently or innocently) other than as
expressly set out in these Standard Terms.
14.3. Nothing in this clause shall limit or exclude any
liability for fraud.
15.1. No variation of these Standard Terms
shall be effective unless it is in writing and signed by the
parties one of whom must be a Director of KM.
16.1. If a provision or part of any provision
of these Standard Terms is found to be illegal, invalid or
unenforceable, the provision shall apply with the minimum
modification necessary to make it legal, valid and
17.1. Any notice or other communication required to be given
under these Standard Terms, shall be in writing and shall be
delivered personally, or sent by pre-paid first class post or
recorded delivery or by commercial courier, to each party required
to receive the notice or communication at its address as set out
17.2. in respect of the Advertiser at the address given on the
Multimedia Booking Form; and
17.3. in the case of KM at its then registered office
17.4. Any notice or other communication shall be deemed to have
been duly received:
17.5. A notice or other communication required to be given to KM
under these Standard Terms shall not be validly given if sent by
e-mail or fax.
17.6. The provisions of this clause 17 shall not apply to the
service of any proceedings or other documents in any legal
18. Third party rights
18.1. A person who is not a party to an
Agreement arsing under these Standard Terms shall not have any
rights under or in connection with it.
19. Governing law and jurisdiction:
19.1. These Standard Terms and any dispute or claim arising out
of or in connection with them or their subject matter shall be
governed by and construed in accordance with the law of England and
19.2. The parties irrevocably agree that the courts of England
and Wales shall have exclusive jurisdiction to settle any dispute
or claim that arises out of or in connection with any Agreement
arising under these Standard Terms or its subject matter.