TERMS AND CONDITIONS OF ADVERTISING ON THIS WEBSITE
(the "WEBSITE")
1 Introduction
1.1 These Terms and Conditions (collectively referred to as the "Terms") will apply to each advertiser (an "Advertiser") who wishes to advertise a venue on the Website or instructs Conferences UK to provide an advertising campaign whether on an e-mail, e-zine, newsletter or other basis ("Advertising Campaign").
1.2 Each Advertiser must comply with and adhere to these Terms in order to advertise on the Website or run an Advertising Campaign through Conferences UK.
1.3 The "Website" is owned and operated by Conferences UK Limited, a company registered in England and Wales under company registration number 05308243 whose registered office address is at The Old Church, Albert Hill Street, Manchester, M20 6RF ("Conferences UK").
2 Basic Requirements
2.1 Each Advertiser and any material which they submit for advertisement ("Material") must comply with the following basic standards:
2.1.1 All Material must be legal, decent, honest and truthful (in terms of English law and standards);
2.1.2 Distance selling requirements must be complied with as laid down in English law; and
2.1.3 Other applicable trading standards and laws and regulations as the same are created from time to time must be complied with.
3 Using the Service
3.1 The Advertiser will, as soon as reasonably practicable following the entering into of the contract between the Advertiser and Conferences UK in accordance with clause 5.1 below, submit by e-mail its form of venue advertisement or authorise Conference UK by e-mail to download information to create the advertisement from the Advertiser's website.
3.2 In the event that the Advertiser wishes Conferences UK to prepare Advertorial then the Advertiser shall confirm such request by e-mail. Conferences UK will submit such advertorial to the Advertiser for approval as soon as reasonably practicable following such a request from the Advertiser. The advertiser has 7 days from the day on which the Advertorial is submitted to the Advertiser to approve the Advertorial submitted or to raise with Conferences UK any changes required to the Advertorial.
3.3 In the event the advertiser does not agree the Advertorial or request any changes within the 7 day time period referred to at clause 3.2 above, then the Advertiser will be deemed to have accepted and agreed to the Advertorial and its content and Conferences UK shall post the Advertorial on the Website or, if applicable, use it in the relevant Advertising Campaign.
3.4 Conferences UK will pass on to the Advertiser enquiries received through the Website or any Advertising Campaign.
3.5 The Advertiser shall notify Conferences UK of any subsequent booking of the venue made by enquirers passed on by Conferences UK or by enquirers contacting the Advertiser direct after visiting the Website or through an Advertising Campaign run by Conferences UK.
4 Specific Responsibilities
4.1 Each Advertiser is solely responsible for the accuracy, legality, currency and compliance of its own Material and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
4.2 Conference UK is responsible for the legality of any advertorial copy drafted by Conference UK ("Advertorial")
4.3 Each Advertiser is responsible for the accuracy and currency of all Advertorial approved by it, or deemed approved by it in accordance with clause 3.3 above, and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
4.4 Each Advertiser must comply with the notification provisions of clause 3.5 above.
5 Prices and Payment
5.1 An order confirmed by e-mail, post or telephone to Conferences UK will constitute a contract to purchase advertising services from Conferences UK (the "Service") for a period of twelve months from the date of such confirmation by the Advertiser or, in relation to Advertising Campaigns, for the period of the Advertising Campaign(s) as agreed between Conferences UK and the Advertiser from time to time.
5.2 The fee for the Service ("Service Fee") is calculated and payable by the Advertiser to Conferences UK in accordance with clause 5.4 below at the rates as set out at http://www.conferences-uk.org.uk/advenue.asp. For the avoidance of doubt the Service Fee is payable in accordance with the provisions of this clause 5 even if the Advertiser does not supply its advertisement in accordance with clause 3.1 above or does not confirm whether or not it accepts the Advertorial submitted to it by Conferences UK in accordance with clauses 3.2 and 3.3 above.
5.3 All prices are expressed exclusive of any VAT payable.
5.4 Once Conferences UK has received confirmation of the order, Conferences UK will raise an invoice for the Service Fee which shall be payable by the Advertiser within 14 days of the date of the invoice by cheque, BACS or other bank transfer to the account nominated by Conferences UK. In the event that payment is not received in accordance with the provisions of this clause 5.4, Conferences UK reserves the right, without affecting any other remedy available to it, to remove the Advertiser's advert from the Website and/or cease any specific Advertising Campaign(s) for the Advertiser until such a time as payment is received in full from the Advertiser.
5.5 Where commission is payable by the Advertiser to Conferences UK this will be invoiced by post.
6 Advertisers' Warranties
6.1 The Advertiser warrants to Conferences UK that:-
6.1.1 the Material is true and accurate in all respects;
6.1.2 the venue advertised is fit for the purpose for which it is advertised;
6.1.3 there is no reason why a reputable advertising agency should decline to be associated with the advertising of the venue;
6.1.4 the Advertiser is the owner or operator of the venue advertised; and
6.1.5 the publication of the Material will not violate or infringe the rights of any third party, including copyright, trademark, privacy or other personal or proprietorial rights.
7 Refunds
7.1 In the event that Conferences UK exercises its termination rights under Section 11.2 below, it will refund to the Advertiser a proportion of any fees paid in advance (so far as such fees relate to advertising after the termination date) on a pro rata basis but without further liability to the Advertiser in respect of any direct or indirect losses whether by way of loss of profit, loss of bargain or otherwise.
7.2 In the event of the Website suffering a substantial period of downtime or repeated short periods of downtime Conferences UK may, at its absolute discretion, refund to the Advertiser a proportion of the fees paid in advance (so far as such fees relate to advertising during the downtime) on a pro rata basis but without further liability to the Advertiser in respect of any direct or indirect losses whether by way of loss of profit, loss of bargain or otherwise.
7.3 In the event of the advertisement submitted not, in the opinion of Conferences UK reasonably held, being posted to the Website by Conferences UK satisfactorily, or at all, Conferences UK will refund to the Advertiser a proportion of the fees paid in advance (so far as such fees relate to the period for which the advertisement was not satisfactorily posted, or not posted at all) on a pro rata basis but without further liability to the Advertiser in respect of any direct or indirect losses whether by way of loss of profit, loss of bargain or otherwise
8 No Assignment
8.1 An Advertiser shall not be entitled to assign its rights or transfer its obligations under its contract with Conferences UK.
9 Indemnity and Waiver in favour of Conferences UK
9.1 The Advertiser agrees to indemnify and keep indemnified Conferences UK, its successors and assigns, and its directors, officers, employees and agents (collectively "Conferences UK") from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from its use of and from any Material posted on the Website or used in an Advertising Campaign, or arising from any introduction or resulting therefrom.
9.2 Subject to clause 10.3, each Advertiser waives any right to bring any claim or action against Conferences UK for any loss, damage or injury arising from use of the Website or use of any Advertising Campaign or compliance with these Terms.
10 Exclusion of Warranties and Liability
10.1 Each Advertiser accepts the Website "AS IS" with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement.
10.2 Conferences UK shall not be liable to the Advertiser by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these Terms for any indirect, special or consequential loss, damage, costs or expenses of any kind howsoever arising (whether caused by the negligence of Conferences UK, its servants or agents or otherwise) which arise out of or in connection with the provision of the Services, and Conferences UK's maximum aggregate liability under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, will, in no circumstances, exceed the amount payable to Conferences UK under these Terms.
10.3 Nothing in these Terms shall exclude Conferences UK's liability for death, personal injury or fraudulent misrepresentation.
10.4 This Website contains links to other Internet sites and resources. Conference UK is not responsible for either the availability or the content of these outside resources.
11 Term and Termination
11.1 The contract between the Advertiser and Conferences UK (incorporating these Terms) shall run for a period of 12 months from the date of confirmation of the order in accordance with clause 5.1 above. In relation to individual Advertising Campaigns, the Material shall be used in the relevant Advertising Campaign for the duration and extent of the relevant Advertising Campaign as may be agreed from time to time between the Advertiser and Conferences UK.
11.2 Without prejudice to any other right or remedy available to it, Conferences UK reserves the right to terminate the contract and remove the advertisement from the Website and/or cease any Advertising Campaign at any time for breach of any of the warranties contained in Section 6 above a failure to comply with the notification provisions of clause 3.5 above, non payment of the Service Fee (or any part of it) when due or for any other reason at the absolute discretion of Conferences UK and without obligation to specify its reason.
12 Intellectual Property
12.1 The content of the Website and any Advertising Campaign is protected by copyright and other intellectual property rights. The Advertiser may not reproduce, modify, copy or distribute or use for commercial purposes any of the Materials or content on the Website or content of any Advertising Campaign without written permission from the Company.
13 Applicable Law
13.1 Each Advertiser agrees that these Terms and any dispute arising in any way in relation to the Website or any Advertising Campaign will be governed by and construed in accordance with the applicable laws of England and that the English Courts shall have exclusive jurisdiction in respect of the same.
14 International Use
Conferences UK makes no promise that the Website and/or any Advertising Campaign is appropriate for use for venues outside the United Kingdom and Ireland, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom and Ireland, you do so on your own initiative and are responsible for compliance with local laws.
15 General
15.1 In the event that any provision in these Terms is determined to be unenforceable or invalid, such provision shall be severed and the remaining provisions which shall be enforceable to the fullest extent permitted by English Law.
15.2 These Terms represents the entire agreement between Advertiser and Conferences UK relating to the subject matter hereof, and supersedes any prior understanding or agreements regarding the Website or any Advertising Campaign.