KHL GROUP LLP STANDARD CONDITIONS OF ACCEPTANCE FOR ADVERTISEMENTS
1. For the purpose of these conditions "the Publisher" means KHL Group LLP and “Advertiser" means the person placing the advertisement with the Publisher. “Advertisement” includes a loose or other insert where appropriate.
2. These conditions shall apply to all advertisements accepted for publication by the Publisher. Any other proposed condition shall be void unless accepted in writing by the Publisher.
3. All advertisements are accepted subject to the Publisher’s approval of the copy and to the space being available.
4. The Publisher will not be liable for any loss or damage consequential or otherwise other than to provide a free insertion or to give a refund or a credit occasioned by error in the advertisement, late publication or the failure of an advertisement to appear from any cause whatsoever. No claim for a free insertion, a refund or credit will be accepted unless made in writing within one calendar month of the cover date.
5. The Publisher does not guarantee that advertisements will appear in the issue requested. Advertisements held over from one issue will be inserted in the following issue unless prior instructions to the contrary are received.
6. If the Publisher considers it necessary to modify the space or alter the date or position of insertion or make any other alteration to an advertisement, he shall notify the Advertiser accordingly. The Advertiser will have the right to cancel if the alterations requested are unacceptable, unless such changes are due to an emergency or circumstances beyond the Publisher’s control in which event the Advertiser shall be liable for the cost of the advertisement.
7. The Advertiser warrants that the advertisement does not contravene any Act of Parliament nor is it in any other way unlawful, defamatory or an infringement of any other party’s rights or an infringement of the British Code of Advertising Practice.
8. The Advertiser will indemnify the Publisher fully in respect of any claim made against the Publisher arising from an advertisement. The Advertiser shall give the Publisher such assistance as the Publisher may require in defending any such claim.
9. Advertisement rates are payable in accordance with the Publisher’s rates for the time being in force and are subject to revision at any time. Series discounts apply only to orders placed in advance and completed within one year of the date of first insertion. Orders are accepted on condition that the price binds the Publisher only in respect of the next issue to go to press. In the event of a rate increase, the Advertiser will have the option to cancel the remainder of a series order without surcharge provided that he so informs the Publisher before the closing date for the next publication. If he does not so cancel a series order, the order shall continue at the revised advertisement rates.
10. For monthly publications, the following periods of notice are required to stop or suspend an insertion:
(a) 6 weeks’ notice before cover date for a monotone display insertion.
(b) 8 weeks’ notice before cover date for a colour display insertion.
(c) 14 days’ notice before cover date for a classified advertisement.
11. If an Advertiser cancels the balance of a contract, except in the circumstances set out in conditions 6 or 9 above, he relinquishes any right to that series discount to which he was previously entitled and advertisements will be paid for at the appropriate rate for the advertisements which have appeared before the cancellation takes effect.
12. Unless credit terms are established with the Publisher, payment must be made net within 15 days of the invoice date. If an account is overdue the Publisher reserves the right to suspend insertions.
12. (a) The publisher reserves the right to suspend insertions if an account is overdue. Credit accounts are strictly net and must be settled within 30 days of the invoice date. The publisher understands and will exercise their statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if payment is not made according to agreed credit terms.
12(b) Failure by Advertiser to pay account in accordance with these Terms & Conditions will render him liable to the following, viz:
i) Late payment interest and reasonable debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998, as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.
ii) And/or any other third party or antecedent legal costs involved in recovery of the overdue balance as well after as before any Judgement.
13. Failure to pay accounts when due will make Agency Advertisers liable to the following reductions in any discount on the gross rate otherwise allowed:
(a) a reduction of 3 per cent of the gross rate where the sum owing has not been paid on the due date;
(b) a further reduction of 2 per cent (making a total of 5 per cent) of the gross rate where the sum owing remains unpaid 1 month or more after the due date.
14. Copy must be supplied by the agreed “copy date” without application from the Publisher. In the event of copy instructions not being received by the copy date the Publisher reserves the right to repeat the copy last used for that advertisement or for that Advertiser or to cancel the contract.
15. Charges will be made to the Advertiser where the printers are involved in extra production work owing to changes requested by the Advertiser or to any acts or defaults of the Advertiser or his agent. These charges will be at such rates as the Publisher may determine unless specifically agreed with the Advertiser. Changes in dates of insertion or copy must be confirmed in writing and in time for the change to be made.
16. Copy matter provided must conform to the Publisher’s requirements for mechanical data. Any additional work resulting from failure to comply with those requirements may be charged for by the Publisher.
17. Advertisers’ artwork and other property are held at the Advertiser’s risk and should be insured by him against loss or damage caused. The Publisher reserves the right to destroy all artwork and other property of the Advertiser which has been in his custody for 12 months from the date of its last appearance without prior notice to the Advertiser, unless he has agreed not to do so.
18. All box number replies are treated in the strictest confidence. They will be held intact and unopened and sent to the Advertiser as soon as practicable to do so.
19. These Conditions and all other terms of the contract shall be governed by English law and the Advertiser agrees to submit to the jurisdiction of the English courts in the event of any dispute arising between the Publisher and the Advertiser.
KHL Group LLP
Southfields, Southview Road, Wadhurst, East Sussex TN5 6TP, UK
Registered in England No: OC306395 registered as Head Office.
VAT Code: GB 115 1659 32
Tel: +44 (0)1892 784088
Fax: +44 (0)1892 784086