Terms and Conditions
1. Definitions
“Clients”: refers to either organisations making entries or taking advertising space in the Planning Directory.
“Planning Directory”: the website and its contents: www.theplanningdirectory.co.uk
“Entries”: the entry relating to organisations in the Planning Directory.
“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 Planning Directory.
“Customer branding”: the branding of the client which may appear in the Advertisement.
“Agreement”: the agreement between Hawksmere and the customer on these terms and conditions and any special conditions.
“Copy”: style and layout of firms’ entry details in the Planning Directory.
“Duration”: period for which the entry will appear in the Planning 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 Planning Directory
2. Agreement
By completing an entry and or booking form into the Planning Directory, the customer accepts these terms and authorises Hawksmere to publish clients’ entries in the Planning Directory.
3. Obligations of Clients
3.1 To pay price within terms specified on receipt of a VAT invoice from Hawksmere.
3.2 To indemnify Hawksmere against all losses, costs, claims, damages or other expenses that Hawksmere incurs as a result of breach by the client of any of these terms, or as a result of any third party claims which Hawksmere receives as a result of the entries or advertisements.
3.3 To acknowledge that Hawksmere retains full editorial control over all advertisements and entries and that Hawksmere will own all copyright in the advertisements and entries, save that Hawksmere 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 Hawksmere from time to time.
4. Obligations of Hawksmere
4.1 To use reasonable endeavours to ensure that advertisements and entries feature in the Planning Directory for the specified duration.
4.2 To use reasonable endeavours to ensure that the Planning Directory is accessible to users of the World Wide Web 24 hours a day, though Hawksmere will not be liable if for any reason the site is unavailable at any time or for any period.
4.3 Hawksmere does not guarantee any levels of response to advertisements and entries.
5. Rights of Hawksmere
5.1 The client warrants that the advertisement is not unacceptable. If Hawksmere at any time considers that any advertisements or entries is unacceptable, Hawksmere may remove the advertisement and entry from the Planning Directory. In this case Hawksmere 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 Hawksmere reserves the right to change the format, style and layout of the Planning Directory as and when it sees fit.
5.4 Hawksmere reserves the right to terminate this contract with immediate effect by giving written notice of this to the clients.
5.5 Hawksmere reserve the right to remove entries from the Planning 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 Planning Directory will be liable to an administrative charge of Ł200.00
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 Hawksmere 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 Hawksmere knew or should have known of the possibility of that loss.
7.2 Hawksmere 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 Planning 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 Hawksmere’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 Hawksmere under this agreement.
7.4 Hawksmere 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 Hawksmere 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 Hawksmere.
8.5 Content of entries is the responsibility of clients
8.6 All entries submitted by clients should be made via forms.
8.7 Hawksmere 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.
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