1. General

This Website is owned and operated by Reed Business Information Limited ("RBI') and is made available on the following terms and conditions. By using the Website you accept these terms and conditions, which shall be interpreted according to the laws of England.

2. Data Protection

RBI's use of personal information supplied by you when you use this Website is governed by our privacy policy.

3. Copyright

3.1 RBI grants you a non-exclusive licence to access and use the content in this Website for your personal purposes. You may not reproduce or distribute any part of the content for commercial purposes.

3.2 You acknowledge that the copyright, database rights, taxonomy and all other intellectual property rights comprised in or relating to this Website and in the data or the taxonomy it contains belongs to RBI.

3.3 You are permitted to print or download extracts from this material for your personal use only. None of this material may be used for any commercial or public use.

3.4 No part of Kellysearch.com, the data, the taxonomy or any material appearing on the site may be reproduced, stored in or transmitted on any other Website without written permission of Kellysearch.com and any payments of a specified fee. Requests to republish any material may be sent to the Kellysearch,com head office.

3.5 You may not send automated queries of any sort to Kellysearch.com without express permission in advance from RBI. Note that "sending automated queries" includes, among other things:

• "meta-searching" Kellysearch.com; and
• performing "offline" searches on Kellysearch.com.

4. Disclaimer

4.1 RBI does not give any warranty or other assurance as to the operation, quality or functionality of the site. Access to the site may be interrupted, restricted or delayed for any reason. RBI also does not give any warranty or other assurance as to the content of the material appearing on the site, its accuracy, completeness, timelessness or fitness for any particular purpose.

4.2 To the full extent permissible by law, RBI disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Site or any material appearing on Kellysearch.com, or from any action or decision taken as a result of using Kellysearch.com or any such material.

4.3 Kellysearch.com contains links to external sites. Kellysearch.com is not responsible for and has no control over the content of such sites. Information on Kellysearch.com, or available via hypertext link from Kellysearch.com, is made available without responsibility on the part of Kellysearch.com. Kellysearch.com disclaims all responsibility and liability (including for negligence) in relation to information on or accessible from Kellysearch.com.

5. Advertising Material

Advertisers are responsible for ensuring that material submitted for inclusion on Kellysearch.com complies with all relevant laws and regulations. RBI will not take responsibility for any error, omission or inaccuracy in advertising material.

6. Protection Rights

The name and logo of Kellysearch.com are trademarks of Reed Business Information Ltd. You are not permitted to use or reproduce or allow anyone to use or reproduce these trademarks for any reason.

7. Changes to the Website

RBI may at any time make alterations to or to withdraw this Website or any part of it.

 

TERMS AND CONDITIONS FOR ADVERTISERS

General

1. All Advertisements accepted for publication by Reed Business Information Limited('RBI') in any of its print or online publications are accepted subject to these terms and conditions. Any other conditions proposed by the Buyer shall be void unless accepted by RBI in writing.

2. In these conditions:
"Advertiser" means the person whose goods or services are advertised;
"Advertisement" means display, recruitment, online, email, mail order and classified advertising and shall include inserts, supplements and re-directed advertisements;
"Buyer" means the person placing the order for the insertion of the Advertisement;
"Medium" means the print or online publication taking the booking.

3. All Advertisements are accepted subject to space being available in the Medium.

4. RBI reserves the right to cancel any order without liability in the event of becoming aware of any meetings of creditors, bankruptcy, liquidation proceedings, the appointment of a receiver or administrative receiver over the whole or substantial part of the Buyer's assets, or any indication whatsoever of financial difficulties.

5. These conditions and all other express terms of the contract between RBI and the Buyer shall be governed and construed in accordance with the Laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.

Buyer to contract as Principal

6. The Buyer warrants that the Buyer contracts with RBI as principal notwithstanding that the Buyer may be acting directly or indirectly for the Advertiser as an advertising agent or media buyer or in some other representative capacity. Where the Buyer is the Advertiser's advertising agency, the Buyer warrants that it is authorised by the Advertiser to place the Advertisement with RBI.

Delivery and Ownership of materials

7. Copy must conform to RBI's requirements and RBI reserves the right to charge for any additional work involved in amending the copy of the Advertisement to conform to its requirements.

8. Any intellectual property rights in designs prepared by RBI shall remain the property of RBI and Advertisements including such designs may not be reproduced without RBI's consent.

Booking procedures

9. If an Advertisement includes a promotion, competition or a special offer of merchandise the Advertiser must provide full details to RBI on request.

Prices and Payment terms

10. Prices published by RBI from time to time are subject to revision at any time and orders are accepted on the condition that the price binds RBI only in respect of the period specified in the applicable rate card.

11. Series discounts apply only to orders placed in advance and completed within the agreed period. RBI reserves the right to adjust advance discounts and/or to surcharge in the event of a series of Advertisements not being completed within that period. If the Buyer cancels the balance of a contract to publish a series of Advertisements, except in the circumstances set out in paragraph 23, it relinquishes any series discount and all Advertisements will be paid for at the appropriate rate.

12. Prices are exclusive of applicable Value Added Tax which the Buyer shall additionally be liable to pay to RBI.

13. Credit accounts must be settled in accordance with the terms shown on the invoice, which are strictly net. In default, all outstanding transactions will become liable for immediate settlement. Interest will be charged monthly on overdue accounts at the rate of 2% above the National Westminster Bank Minimum Lending Rate.

Limitations on RBI's Liability

14. Except to the extent specified in paragraph 15, RBI shall not be liable for any loss or damage suffered by the Buyer as a result of any total or partial failure (howsoever caused) of publication, distribution or availability of any Medium in which any Advertisement is scheduled to be included or for any error, misprint or omission in the printing of any Advertisement. In the event of a printing error or omission, which detracts materially from the Advertisement, RBI will either reinsert the Advertisement or relevant part of the Advertisement in a subsequent issue or make a reasonable refund of or adjustment to the price paid by the Buyer. No reinsertion, refund or adjustment will be made for any other error or omission.

15. The total liability of RBI to the Buyer for any act or omission of RBI, its servants or agents relating to any Advertisement shall not exceed the amount of a full refund of any price paid to RBI for the Advertisement or the cost of a reasonably comparable further or corrective Advertisement. Without limiting the foregoing, RBI shall not be liable for any loss of profits or business or for indirect or consequential loss. RBI accepts no liability for the repetition of an error in an Advertisement ordered for more than one insertion unless notified immediately the error occurs. Complaints regarding reproduction of printed Advertisements must be received in writing within one calendar month of the cover date.

16. RBI accepts no responsibility for the quality of reproduction of any photograph supplied by the Buyer, its agents or servants.

Cancellation or suspension

17. Requests for cancellation or reduction of an order may be considered but only if received in writing by the publisher within 28 (twenty-eight) days from the signing of the order. No cancellation or reduction will be effective until confirmed in writing by an authorised signatory of the Publisher.

18. RBI reserves the right to omit or suspend an Advertisement at any time for good reason, without liability to the Buyer and shall notify the Buyer as soon as possible. If such omission or suspension is due to the act or default of the Buyer, the Advertiser or their respective servants or agents, then the Buyer shall pay for the Advertisement in full notwithstanding that the Advertisement has not been published.

Buyer's Warranties and Indemnities

19. The Buyer warrants that the Advertisement does not contravene the British Code of Advertising Practice and is not in breach of any relevant legislation, including the Race Relations Act 1976, the Sex Discrimination Act 1976 (both as amended), the Disability Discrimination Act 1995, the Employment Equality (Age) Regulations 2006 and the Obscene Publications Act and also including any legislation or regulation, such as those relating to the provision of Financial Services, which apply to specific Advertisers, products or services.

20. If any Advertisement submitted for publication contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or copy by which any living person is or can be readily identified, the Buyer warrants that the Buyer or the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy.

21. The Buyer will indemnify and hold harmless RBI from and against any claim that the Advertisement infringes the copyright, trademark or other intellectual property rights of any person or that it is defamatory or infringes any other right of any person. RBI reserves the right to withdraw and/or refuse to publish an Advertisement without liability to the Buyer if it reasonably believes that the Advertisement may make RBI or the Advertiser liable to any complaint, claim or proceedings.

22. The Buyer is solely responsible for fulfilling and dealing with any orders or enquiries relating to the goods, services or promotion to which the Advertisement relates and will indemnify and hold RBI harmless accordingly.

 

ONLINE ADVERTISING

23. If an Advertisement links to another site, the Buyer is responsible for maintaining the link and for the content of the linked site. RBI may remove any Advertisement which contains content or links to a site which, in RBI's opinion, is defamatory or objectionable or will bring RBI into disrepute. The Buyer will indemnify RBI from and against any claims or liability arising from links contained in an Advertisement.

24. If RBI receives complaints about the content of an Advertisement it may, at its discretion, remove the Advertisement from display without reference or liability to the Buyer.

25. Where an Advertisement is sold on a CPM basis, RBI will provide the Buyer with regular campaign reports throughout the campaign period to enable it to monitor the number of impressions served in lieu of any other right of audit.

26. The Buyer's sole remedy if RBI, or its third party subcontractors who may host and serve Advertisements from time to time, make an error in displaying any Advertisement is the cost of re-running the relevant Advertisement. Neither RBI nor its subcontractors shall be liable for failure to display the Advertisement caused by circumstances outside their control.

Fixed Price Contracts

27. The advertiser shall as a minimum maintain the same entry (subject to the condition below) and advertising style and copy for the 3 year contractual period unless agreed in writing by the publisher.

28. The Advertiser shall as a minimum maintain the same advertising spend for each year of the contract period. If the advertiser defaults on any payment due for one or all years during the contact period the publisher reserves the right to suspend the order for the remainder of the contract period.

29. The company reserves the right during the contractual period to amend or substitute specific advertising styles within the product range including directory, CD and internet versions.