Advertising Terms and Conditions
These Terms and Conditions apply to all advertising, sponsored content, commercial partnerships, social media activity, creative services and related marketing services provided by the Publisher across the KBB platforms.
1. Definitions
1.1. “Publisher” Content Media Services Ltd, Kings House, Royal Court, Brook Street, Macclesfield, SK11 7AE, Registered in England
1.2. “Platforms' means the media brand and its associated companies, publications, websites, social media channels and digital platforms.
1.3. “Advertiser" means the person, company or organisation placing an advertisement or commissioning services from the Publisher.
1.4. “Advertising Materials" means all copy, artwork, images, videos, audio, logos, URLs and other materials supplied by or on behalf of the Advertiser.
1.5. “Campaign" means the advertising, sponsorship, promotional or content activity agreed between the parties.
2. Acceptance of Orders
2.1. All advertising bookings are subject to acceptance by the Publisher.
2.2. The Publisher reserves the right to refuse, reject, suspend or remove any advertisement, content or campaign at its sole discretion.
2.3. No booking shall be binding until confirmed by the Publisher.
3. Advertising Inventory
3.1. Advertising may appear in printed publications, websites, newsletters, social media channels, video platforms, podcasts and other media owned or controlled by the Publisher.
3.2. Advertisement format, placement, timing and positioning are subject to availability.
3.3. Unless expressly agreed in writing, placement requests are non-binding preferences only.
4. Advertiser Responsibilities
4.1. The Advertiser warrants that all Advertising Materials are accurate, lawful, decent, honest and truthful.
4.2. The Advertiser is responsible for ensuring compliance with all applicable laws, regulations, industry codes and advertising standards, including ASA and CAP Code requirements.
4.3. The Advertiser warrants that it owns or has obtained all necessary rights, licences and permissions relating to Advertising Materials.
4.4. The Advertiser shall indemnify the Publisher against all claims, losses, costs and expenses arising from any breach of these warranties.
5. Creative and Content Production Services
5.1. The Publisher may provide creative, production, editorial consultancy, photography, videography, copywriting, social media content creation and related services.
5.2. Publisher personnel, including editorial staff, may participate in the creation of commercial content for clients where permitted by the Publisher's internal policies.
5.3. The Publisher retains editorial independence at all times.
5.4. Unless otherwise agreed, ownership of Publisher-created content remains with the Publisher until full payment has been received.
6. Sponsored and Branded Content
6.1. Sponsored, branded or partner content may be labelled in accordance with applicable regulations and industry guidance.
6.2. The Publisher shall determine the nature and wording of any sponsorship disclosure or advertising label.
6.3. The Publisher retains final editorial control over all sponsored content.
7. Social Media Campaigns
7.1. Social media activity may include posts, stories, reels, videos, livestreams, competitions and other platform-specific formats.
7.2. The Publisher does not guarantee engagement levels, impressions, reach, clicks, followers, conversions or other performance metrics.
7.3. Social media platforms may remove, restrict or alter content and the Publisher shall not be liable for such actions.
8. Website Advertising
8.1. Website advertising may be served directly or via third-party advertising technologies.
8.2. The Publisher does not guarantee uninterrupted availability of any website or advertising service.
8.3. Reasonable maintenance, technical issues and force majeure events may affect delivery.
9. Print Advertising
9.1. The Advertiser is responsible for supplying materials to specification and by agreed deadlines.
9.2. The Publisher shall not be responsible for print quality issues arising from unsuitable materials supplied by the Advertiser.
9.3. Minor variations in colour, positioning or reproduction quality shall not constitute a breach.
10. Campaign Changes and Cancellations
10.1. Requests for changes or cancellations must be made in writing.
10.2. The Publisher may charge for work completed and costs incurred prior to cancellation.
10.3. Advertising already published, printed, scheduled or produced remains chargeable in full.
11. Payment
11.1. Invoices are payable within 30 days of invoice date unless otherwise agreed in writing.
11.2. The Publisher may require payment in advance.
11.3. Late payments may incur interest under the Late Payment of Commercial Debts (Interest) Act 1998.
11.4. The Publisher may suspend services where invoices remain unpaid.
12. Performance and Liability
12.1. The Publisher shall exercise reasonable care and skill in providing services.
12.2. The Publisher does not guarantee any commercial outcome, sales result, lead generation, audience response or return on investment.
12.3. The Publisher's total liability shall not exceed the fees paid for the relevant Campaign.
12.4. The Publisher shall not be liable for indirect, consequential or economic losses including loss of profit, revenue, goodwill or opportunity.
13. Force Majeure
13.1. The Publisher shall not be liable for delays or failures caused by events beyond its reasonable control.
14. Data Protection
14.1. Each party shall comply with applicable UK data protection legislation, including the UK GDPR and Data Protection Act 2018.
14.2. Where personal data is processed, each party shall remain responsible for its own compliance obligations
15. Intellectual Property
15.1. Intellectual property rights belonging to either party shall remain vested in that party.
15.2. The Advertiser grants the Publisher a licence to use Advertising Materials for the purposes of delivering the Campaign.
15.3. The Publisher may retain copies of Campaign materials for archive, compliance and promotional purposes.
16. Complaints
16.1. Any complaint regarding a Campaign must be submitted in writing within 14 days of publication or delivery.
16.2. Failure to notify within that period shall constitute acceptance of the Campaign
17. General
17.1. These Terms and Conditions constitute the entire agreement between the parties unless varied in writing.
17.2 If any provision is held invalid, the remaining provisions shall remain in force.
17.3. No waiver shall be effective unless in writing.
18. Governing Law
18.1. These Terms and Conditions shall be governed by the laws of England and Wales.
18.2. The courts of England and Wales shall have exclusive jurisdiction.
