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Terms and Conditions

The following conditions relate to advertisers on Host Finder (www.hostfinder.co.uk) [hereto referred to as "the Site"].

Standard Conditions

Important: Please read these Standard Conditions carefully, and ensure that you fully understand them, before you submit any listing or registration details to the site.

1.Definitions

Advert
Any Listing, advertisement, banner or other item, publicly viewable on the site, submitted by any individual or company other then the site or the site owners.

Advertiser Website
the website which you wish to be linked to the Advert.

Copy
the detail and layout (print only) of the Advert which you specify including any textual and graphic content for an.

Credit Agreement
the credit agreement (if any) between you and us.

On-line Directory
a classified database of adverts which can be searched by relevant criteria, as established by the site owners, and is available on the site.

Partner Sites
third party websites to which we have agreed to provide Listings, which websites will change from time to time.

We
Tiercom Ltd - Owners of the site

You
the person, firm or company registered in order to purchase, or place the advert.

2.Our rights and responsibilities

  1. We agree to publish the Advert in accordance with generally accepted standards and on-line directory policies, but we can make any changes to the Advert we consider necessary.
  2. We will arrange for your Listing to be made available for presentation in results to keyword searches on Partner Sites if applicable.
  3. You acknowledge and accept that we do not make any representations or warranties that your On-line Advert will appear on any particular Partner Site, or in any particular position or priority or the frequency in which it may appear, all of which depend on rules set by the Partner Sites
  4. You acknowledge and accept that computer and telecommunications systems may sometimes require periods of downtime for repair, maintenance and upgrading and, therefore, we cannot guarantee uninterrupted availability. However, where it is in our control, we will try to keep any periods of downtime to a minimum. The On-line Directory is provided with reasonable skill and care, but is otherwise provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind either express or implied.
  5. We make no representations or warranties with regard to the availability or accessibility of Partner Sites.
  6. We do not have to display the whole or any part of the Advert if we consider that the Copy does not meet the standards of the Advertising Standards Authority or is unacceptable for publication for some other reason including that it may infringe the legal rights of others or subject us to claims, prosecution, criticism or cause us embarrassment. We reserve the right to edit, refuse or remove any listing or search term or keyword at any time in our absolute discretion.
  7. We will be entitled to prevent the display of your Advert if you fail to make any payment in respect of it.
  8. We will not be liable for any in disruption or delay in making the On-line Directory available or in distributing the Advert to Partner Sites or for failing to perform our duties under this Agreement if the failure is caused by circumstances beyond our control.
  9. We accept the Copy from you on the understanding that you have unconditionally approved the Copy for publication.
  10. We reserve the right to make changes to the pricing structure of advertisements at any time.

3.Your rights and responsibilities

  1. The Copy you provide must be accurate, approved, legal, decent, honest and truthful and it must meet the standards of the Advertising Standards Authority. You must own or have authority to use any trade name, trade mark, British Standard Mark or other quality assurance mark, logo or other material that is used in the Copy or contained in the Advertiser Website. You must own the copyright in the Copy (except in the circumstances provided for in Condition 7) and the Copy must not infringe the copyright any third party has in the Copy. The Copy and the Advertiser Website must not infringe the rights or pass off the goodwill of any third party. You must be authorised to use any logo or name of any trade association you use in the Copy or the Advertiser Website and you must be a paid up member of the trade association. In respect of the Listing, you grant us all such rights in any content as shall be necessary for us to provide the Listing to users including the right to display such content on our website or any of the Partner Sites and a right to link our website or any of the Partner Sites to the Advertiser Website. You agree not to transmit at, or by any link from, the Advertiser Website any unlawful, defamatory, abusive, pornographic, vulgar, harmful, racist or otherwise offensive material of any kind.
  2. If your activities, conduct or advertising and promotion fall within the regime regulated by the Financial Services Authority, you undertake and warrant to us that you are registered in the conduct of your business by the Financial Services Authority if you are required to be so registered and that the content of each Advert has been approved by a person authorised to approve Adverts under the financial services regulatory regime.
  3. You confirm and warrant that (i) the business you are advertising is lawful, (ii) you have obtained all appropriate licences, permits or any other regulatory consents required to operate the business you are advertising, and (iii) advertising your business in the manner agreed with us will not result in a breach of any law or regulation by you, us or any third party.
  4. You must notify us if the Advertiser Website results in error pages or dead links at any time. We reserve the right to suspend, without liability, the distribution of the Listing that links to such Advertiser Website.
  5. Payment under this Agreement is due on the date of publication of your Advertisement.
  6. You shall indemnify us, our employees and agents against all proceedings, claims, demands, expenses, losses and/or damages arising from any breach of this Agreement by you or from processing or publishing any information or material you gave us or from distributing your Advertisement including any claims arising as a result of defamation, illegality, false description or breach of any third party rights.
  7. the Advertisement must be for your own business. You must not sell or transfer your rights to the provision of advertising under this Agreement to any other party.

4. Cancellation

  1. You May cancel your Advert at any time by emailing us, and stopping payment. Your advert will stop as soon as we receive cancellation notice, or notification of a failed payment.
  2. No refunds will be given. This includes where cancellation notice is received part way through a pre paid term of advertising.

5. Our liability

  1. If the Advert is not incorporated into the Directory the On-line Advertisement is not made available to any Partner Sites, other than as a result of a breach by you of this Agreement, you will be entitled to a refund of all or part of the sum you paid for the On-line Advertisement concerned and it will be a fair and reasonable amount taking into account all the circumstances.
  2. Our only liability (if any) under this Agreement will be to publish the correct Advertisement, in the event that the Advert is not incorporated into the On-line Directory or the Advertisement is not made available to any Partner Sites, other than as a result of a breach by you of this Agreement . We will not be liable for any direct or indirect or consequential loss or damage including loss of business, revenue or profits or financial loss of any kind arising from any mistake in or material missing from the Advert, or, displaying or arranging for the distribution of the Advertisement, even if resulting from our negligence.
  3. We do not exclude or restrict liability for death or personal injury arising from our negligence.
  4. If you have ordered an Advert under this Agreement, you accept that we shall be under no obligation to continue the distribution on Partner Sites of any previous Advert ordered by you.

6. Colour Advertisements

The colour(s) in your Advertisement may not match the colour(s) in any proof provided of your Advertisement. This does not constitute an error and you will not be entitled to any refund or other remedy in respect of any such difference in colour(s).

7. Copyright

We have copyright in all artwork, copy and other material which we, our agents or employees have created or contributed to, whether or not a charge has been paid by you in respect of it. You do not gain any intellectual property rights in that artwork, copy or other material and you will not be entitled to use it in any other form or in any other media.

8, Agreement

This Agreement sets out the entire agreement and understanding between you and us and it replaces all previous agreements, arrangements and understandings between us. You are not entering into the Agreement or any part of the arrangements by relying upon the statements or warranties that are not set out in the Agreement. This Agreement shall be construed in accordance with and governed by the Laws of England and the parties hereto submit to the non-exclusive jurisdiction of the English Courts.

 

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