Definitions “Advertiser” means the person or firm referred to as the client in the Booking Form overleaf who purchases advertising space or places an insert in the Publication online or in print. “Contract” means the agreement between the Advertiser and the Publication for the supply of Services in accordance with these terms and conditions. “Full Rate Card Value” means the published advertising rates excluding any discount which is determined by the Publication from time to time and set out in the media pack. “Order” means the Advertiser’s order to purchase the Services as set out in the Booking Form and/or in writing (including by e-mail). “Print Deadline Date” means a date determined by the Publication. “Publication” means the Kent Women in Business Magazine’ publications. “Series discount” means a discounted advertising rate determined by the Publication from time to time which is earned by the Advertiser for the booking of advertisements and/or inserts in the Publication over consecutive months. “Services” means the design and/or printing of an advertisement and/or the placement of any insert/advertisement in the Publication including but not limited to advertorials and/or editorial portrait.
These terms and conditions shall apply to all Services provided for publication or distribution. An Order constitutes an offer by the Advertiser to purchase the Services. A contract shall come into existence between the Publication and the Advertiser the date on which the Publication or a duly authorised representative has accepted an Order in writing. No variation of this Contract shall be effective unless it is in writing, referred to on the Booking Form overleaf and signed by the parties (or their duly authorised representatives). The Contract constitutes the entire agreement and supersedes any previous Contract between the parties.
Advertising rates shall be set in accordance with the Publication’s Full Rate Card Value which shall apply from time to time unless otherwise agreed by the Publication in writing. The Publication hereby reserves the right to increase advertising rates at any time.
Series Discount applies only to Orders placed in advance and completed within one (1) year of first insertion. In the event of the Advertiser cancelling as provided in clause 12 the balance or the remaining balance of the series as part of a Series Discount, the Advertiser shall pay the difference between the applicable Full Rate Card Value for the series and the Series Discount (“unearned discount”) for advertisements and/or inserts placed in the Publication. The Advertiser will not be charged unearned discount if the Publication cancels the balance or the remaining balance of the series as part of a Series Discount.
The Publication shall invoice the Advertiser monthly. All invoices shall be exclusive of Value Added Tax which the Publication shall add to its invoices at the appropriate rate from time to time and payment of each invoice must be made in full without any deduction by the Advertiser thirty (30) days from the date of the invoice (“Due Date”). Without prejudice to any other right or remedy that it may have, the Publication reserves the right to charge interest at the rate of 4% per annum above the Bank of England’s base rate on the value of any invoice which remains unpaid after the Due Date. Such interest shall accrue on a daily basis from the Due Date until actual payment of the overdue amount, whether before or after judgment. The Advertiser shall pay the interest together with the overdue amount. Time of payment shall be of the essence. Without affecting any other right or remedy available to it, the Publication may terminate the Contract with immediate effect by giving written notice to the Advertiser if the Advertiser commits a material breach of any other term of the Contract which is not being remedied within a period of thirty (30) days after being notified in writing to do so or if the financial position of the Advertiser is not to the Publication’s satisfaction or the Advertiser becomes insolvent or is unable to pay its debts.
The Publication can terminate the Contract at any time for any reason by giving the Advertiser thirty (30) days’ written notice.
On termination of the contract, all outstanding sums owed by the Advertiser to the Publication in respect of any number of contracts shall become immediately due and payable. The Publication reserves the right to instruct the Publication’s Legal Department or an external third party to recover the debt.
All advertisements and/or inserts shall be deemed to be accepted by the Publication subject to the Publication approving the artwork and the advertising space being available. The Publication cannot guarantee the location of the advertisement and/or insert in the Publication nor that the Publication will be distributed in specific geographical locations without prior agreement of the parties in writing on the Booking Form.
The Publication shall under no circumstances whatever be liable to the Advertiser whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any losses of profit, or any indirect or consequential loss arising under or in connection to this Contract including as a result of :
a) any delay or failure of an advertisement and/or insert to appear on the date or dates specified in the Contract;
b) the Publication discontinuing in which the advertisement and/or insert were to appear; c) the delay or failure (for whatsoever reason) of any issue of a publication to appear.
The Publication’s total liability to the Advertiser in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall in no circumstances exceed the value of the advertisement(s).
Nothing in these terms and conditions shall limit or exclude the parties’ liability for death or personal injury caused by their negligence or the negligence of their employees, fraud or fraudulent misrepresentation.
Notice of cancellation or suspension of the Services must be received in writing by the Publication no later than three (3) weeks prior to the Print Deadline Date of the issue in which the advertisement and/or insert is to appear. The Advertiser shall remain liable in respect of any advertisements and/or inserts published where notice of cancellation or suspension aforesaid does not comply with these requirements.
The Publication reserves the right to amend, cancel or suspend any Services without prior notice for any reason or where the Advertiser does not disclose the identity of its client and the product or services which are to be the subject matter of the advertisement and/or insert. The Publication shall not be held liable for damage or breach of Contract under this clause.
The Publication reserves the right to alter, postpone, suspend or cancel the publication date of any of its publications.
The Advertiser’s artwork and all other property belonging to the Advertiser shall be held at the Advertiser’s own risk and should be insured by him against losses or damage from whatever cause. The Publication reserves the right to destroy without notice all artwork, film and other property which has been in his custody for six (6) months from the date of its last appearance in an advertisement and/or insert provided that the Advertiser has not given instruction to the contrary.
Where required the Advertiser shall supply artwork/copy instructions to the Publication on the date specified from time to time in the Booking Form or the Publication in which the advertisement and/or insert is due to appear (“Copy Date”). If artwork/copy instructions are not received by the appropriate Copy Date, the Publication reserves the right to repeat the most appropriate copy. In the event that the Advertiser fails to provide artwork to the Publication by the Copy Date, the full price of the Advert will be charged to the Advertiser.
The Publication accepts no responsibility for advertisement and/or insert print quality where artwork supplied by the Advertiser fails to meet the Publication’s requirements specified from time to time in the Publication in which the advertisement and/or insert is due to appear.
All advertisement material originated by the Publication remains the Publication’s copyright.
The Advertiser will indemnify the Publication for any costs, claims, demands, proceedings and expenses of any nature whatsoever made against the Publication arising from any advertisement and/or insert published in the Publication.
The Advertiser shall provide the Publication with such information and materials as the Publication may reasonably require in order to supply the Services, and ensure that the information is accurate in all material respects. The Advertiser shall obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Services are to start. The Advertiser warrants and represents that the advertisement and/or insert does not contravene any Act of Parliament nor is in any way illegal, defamatory, obscene an infringement of any other party’s rights or an infringement of the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing.
For Services provided by mail order, the Advertiser will immediately upon request supply to the Publication a duly signed and completed mail order form or at the Publication’s request a duly completed and signed reference and undertaking in a form specified from time to time by the Publication. Where the Advertiser is a Limited company, the directors shall personally indemnify the Publication.
Failure by the Publication to insist upon strict performance by the Advertiser of the provisions of these terms and conditions shall not release or in any way lessen or affect the liability of the Advertiser under these terms and conditions.
The parties shall at all times comply with the provisions of the Data Protection Act 1998 and The EU General Data Protection Regulation (GDPR) 2018
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions and the remainder of the provision in question shall not be affected thereby.
No waiver by either party of any breach of contract or these terms and conditions by the other party shall be considered as a waiver of any subsequent breach of the same or any other provision.
Neither party intend that any of the terms of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a
The contract shall be governed and constructed in accordance with the laws of England and the Publication and Advertiser hereby agree to submit to the exclusive jurisdiction of the English courts.