Terms and Conditions
1. Definitions
“Clients”: refers to either firm’s making entries or taking advertising space in the Kent Directory.
“Kent Directory”: the website and its contents: www.kentfind.co.uk
“Entries”: the paid entry relating to consultant firms in the Kent Directory and associated regional leaflets.
“Forms”: means by which clients complete and submit entries.
“Advertisements”: the advertisement, banner advertisement, press release or other paid for promotion bearing the Customer Branding which the client wishes to appear in the Kent Directory.
“Customer branding”: the branding of the client which may appear in the Advertisement.
“Agreement”: the agreement between Echo Computers and the customer on these terms and conditions and any special conditions.
“Copy”: style and layout of firms’ entry details in the Kent Directory.
“Duration”: period for which the entry will appear in the Online Directory.
“Charge”: cost payable by Firms for their entry in the Kent Directory.
“Leaflets”: the associated regional leaflets produced via the Online Directory.
“Unacceptable”: in respect of any entry or advertisement, meaning that it is inaccurate, contravenes any law or code of practice or conduct, infringes on intellectual property rights of another, is abusive, immoral, defamatory or otherwise likely to offend users of the Kent Directory2. Agreement
By completing an entry and or booking form into the Kent Directory, the customer accepts these terms and authorises Echo Computers to publish clients’ entries in the Kent Directory.
3. Obligations of Clients
3.1 To pay price within terms specified on receipt of an invoice from Echo Computers.
3.2 To indemnify Echo Computers against all losses, costs, claims, damages or other expenses that Echo Computers incurs as a result of breach by the client of any of these terms, or as a result of any third party claims which Echo Computers receives as a result of the entries or advertisements.
3.3 To acknowledge that Echo Computers retains full editorial control over all advertisements and entries and that Echo Computers will own all copyright in the advertisements and entries, save that Echo Computers shall not own any customer branding.
3.4 To provide all materials for the advertisements and entries (including, without limitation, GIF, EPS and JPEG files) in accordance with the procedures required by Echo Computers from time to time.
4. Obligations of Echo Computers
4.1 To use reasonable endeavours to ensure that advertisements and entries feature in the Kent Directory for the specified duration.
4.2 To use reasonable endeavours to ensure that the Kent Directory is accessible to users of the World Wide Web 24 hours a day, though Echo Computers will not be liable if for any reason the site is unavailable at any time or for any period.
4.3 Echo Computers does not guarantee any levels of response to advertisements and entries.
5. Rights of Echo Computers
5.1 The client warrants that the advertisement is not unacceptable. If Echo Computers at any time considers that any advertisements or entries is unacceptable, Echo Computers may remove the advertisement and entry from the Kent Directory. In this case Echo Computers will not refund any part of the charge to the clients.
5.2 The Customer warrants that the customer branding will not infringe the intellectual property rights of any third party.
5.3 Echo Computers reserves the right to change the format, style and layout of the Kent Directory as and when it sees fit.
5.4 Echo Computers reserves the right to terminate this contract with immediate effect by giving written notice of this to the clients.
5.5 Echo Computers reserve the right to remove entries from the online directory, if payment is not received within the specified terms.
6. Cancellations
6.1 Cancellations received prior to the advertisement or entry appearing in the Kent Directory will be liable to an administrative charge of £10.00
6.2 No refund or credit will be given for cancellations received after an advertisement or entry has appeared. The clients will remain liable for the charge in such circumstances.
7. Liability
7.1 Echo Computers shall not be liable to the clients for any indirect or consequential losses or damage suffered by the clients including (without limitation) any loss of profits, contracts, revenue, goodwill, business, savings or opportunity irrespective of whether Echo Computers knew or should have known of the possibility of that loss.
7.2 Echo Computers shall not be liable for any losses, damages, expenses (including, without limitation, any costs of finding replacement advertising space) suffered or incurred by the clients as a result of the Kent Directory not being accessible to users of the world wide web for any period of time.
7.3 Nothing in these terms and conditions shall operate to limit the liability of either party for any death or personal injury caused by its negligence or that of its employees. In all other events the limit of Echo Computers’s liability for any losses, expenses or damages incurred by the Customer or Firms in relation to this agreement (whether on tort, contract or otherwise) shall be equal to the price paid by the clients to Echo Computers under this agreement.
7.4 Echo Computers shall not be liable for any delay in or non-performance of its obligations under this Agreement to the extent that such delay or non-performance is du to any cause beyond its reasonable control including but not limited to the acts, defaults or omissions of suppliers or sub-contractors, failure of any telecommunications or power network, war, undeclared hostilities, terrorism, industrial action and acts of God.
7.5 Echo Computers will use reasonable efforts to comply with the clients’ requested start and end dates for display of the advertisement but cannot warrant that these dates will be met.
8. Other Conditions
8.1 Any re-submission of the advertisement by the client will be deemed to be a new advertisement for which the client must repay the charge.
8.2 Even if the client is acting as an agency or other representative, it enters into this agreement in its own right as principal and not agent.
8.3 The client shall not assign, transfer or resell its right under this agreement.
8.4 Unless otherwise stated, the positioning of advertisements is to be determined by Echo Computers.
8.5 Content of entries is the responsibility of clients. Unless stated otherwise clients will be liable for the charge of any incorrect regional listings in the Kent Directory and Leaflets.
8.6 All entries submitted by clients should be made via forms. Entries submitted via hard copy will be subject to an administrative charge of £15.00.
8.7 Echo Computers will endeavour to amend entries (via the forms) within the week, although it will not be liable for any delay in processing entries.
8.8 All advertisements and entries will run for a period of 1 year from the date of going live: advertisements and entries will be renewed automatically unless directed by the clients.
9. Exclusion of Third Party Rights
Unless expressly provided in this agreement, no term of this agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
10 Governing law
This Agreement shall be governed by and construed in accordance with English law and the parties submit to the non-exclusive jurisdiction of the English courts.
Privacy Policy
This policy covers the Echo Computers's use of personal information that we collect when you use the www.kentfind.co.uk web site.
Occasionally, you will be asked to send us personal information about yourself for example your name and your email address, in order to use our web site. Such services include newsletters, competitions, message boards and kentfind.co.uk membership.
When you provide such personal information, we will treat the information in accordance with this policy.
Use and storage of your personal information
When you supply any personal information to www.kentfind.co.uk we have legal obligations towards you in the way we use this data.
• We must collect the information fairly.
• We must explain how we will use it.
• We must tell you if we want to pass the information on to anyone else.
In general, any information you provide to Echo Computers will only be used within Echo Computers. Your information will be disclosed where we are required to do so by law. If you post or send offensive, inappropriate or objectionable content anywhere on or to www.kentfind.co.uk or otherwise engage in any disruptive behaviour on www.kentfind.co.uk, we can use whatever information that is available about you to stop such behaviour. This may involve informing people like your employer, school, e-mail/internet provider and law enforcement agencies about the content and your behaviour.
We will ensure that all personal information supplied is held securely, in accordance with the Data Protection Act 1998.
If you select the option to receive information about Kent Find or any of the companies associted with it we will send you information in the form of an email from time to time. At any point you can choose to unsubscribe from this service by updating the information on the members profile page. Alternatively you can email dan@kentfind.co.uk with your email address and request your name to be removed from the mailing list.
Access to your personal information
You have the right to request a copy of the personal information the Echo Computers holds about you and to have any inaccuracies corrected. (We may charge £10 for information requests.) Please address requests to:
Echo Computers
17 The Crescent
Sandgate
Folkestone
Kent
CT20 3EE
dan@kentfind.co.uk
Users 16 and under
If you are aged 16 or under, please get your parent/guardian's permission before you provide personal information to Echo Computers. Users without this consent are not allowed to provide us with personal information.
If you have any further questions please contact us
