IMPORTANT: These Conditions contain an indemnity if the Advertiser breaches its warranties to WeddingSite.
The following terms shall have the following meanings:
Payment shall be made to WeddingSite in advance of the Start Date, unless agreed otherwise between the parties in writing. WeddingSite reserve the right to cancel or postpone the Advertisement if the Fee is not paid in full on or before the Start Date or on any date agreed between the parties. All payments to WeddingSite shall be made in Sterling and shall be exclusive of Value Added Tax which shall be payable by Advertiser in addition, where applicable. Amounts paid after the due date shall bear interest at the rate of three percent (3%) per annum above the then current base lending rate, from the date when payment should have been paid until the date of actual payment, whether before or after judgment. In the event of any failure by Advertiser (or agent) to make payment, Advertiser will be responsible for all expenses (including legal fees) incurred by WeddingSite in collecting such amounts.
Advertiser hereby grants a worldwide, non-exclusive, fully paid licence to reproduce and display the advertisement (including all text, content, trademarks and branding) in accordance with this Order and the terms and conditions. Except as set out in the Order, positioning of the Advertisement within the Website is at the sole discretion of WeddingSite and Advertiser acknowledges that WeddingSite has not made any guarantees with respect to usage statistics or levels of impressions for the Advertisement. If it is agreed between the parties, WeddingSite may provide Advertiser with estimated usage statistics. WeddingSite makes no representations or warranties with respect to such usage statistics and shall not be held liable for any claims in respect thereof.
Except as expressly set forth in the Order, any renewal of the Order and acceptance of any additional advertising order shall be at WeddingSite's sole discretion. Pricing for any renewal period will be at WeddingSite's then current rates which are subject to change by WeddingSite from time to time.
Advertiser may not resell, assign or transfer any of its rights hereunder, and any attempt to resell, assign or transfer such rights shall result in immediate termination of this contract, without liability to WeddingSite.
6.1 In the event that WeddingSite fails to publish the Advertisement in accordance with the terms of the Order (or in the event of any other failure, technical or otherwise, of such Advertisement to appear as provided in the Order), Advertiser's sole remedy and WeddingSite's entire liability to Advertiser shall be limited at WeddingSite's option to either a refund of the Fee or relevant part thereof, or placement of the Advertisement at a later time in a comparable position.
6.2 In no event shall WeddingSite be responsible for any consequential or special damages or loss of profits arising from any failure to publish the Advertisement in accordance with the Order. WeddingSite does not limit or exclude or limit liability for death or personal injury caused by its own negligence.
6.3 WeddingSite shall not be liable for any error (including but not limited to spelling and text errors), misprint, inaccuracy or omission in the Advertisement which a proof of has been agreed by the Advertiser; or which does detract from the essence of the Advertisement.
6.4 Without limiting the foregoing, WeddingSite shall have no liability for any failure or delay resulting from server availability or telecommunications failure, any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown or any other condition beyond the control of WeddingSite affecting production or delivery in any manner.
6.5 Each of the provisions of Clause 6 shall be construed separately and independently of the other and if any provision of Clause 5 shall be found by any court or administrative body to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of Clause 6 which shall remain in full force and effect.
7.1 Advertiser warrants and represents to WeddingSite that:
7.1.1 it has the right to publish the contents of the Advertisement, without infringement of any rights of any third party including, without limitation, any trade mark, copyright, moral, intellectual property or other right or any other proprietary rights of any person or third party and will ensure that such material is decent, truthful, not obscene nor defamatory of any individual, company or organisation and that all requisite licences or permissions have been obtained for the publication of the Advertisement.
7.1.2 it has complied with the codes of practice issued by the Advertising Standards Authority in respect of electronic and on-line advertising and all other relevant industry codes of practice and good data protection/privacy practice in accordance with the Data Protection Act 1998; and
7.1.3 the advertisement does not constitute an investment advertisement within the meaning of the Financial Services Act 1986.
7.1.4 that all materials provided to WeddingSite by the Advertiser shall be free from viruses and indemnifies WeddingSite against any expense, damage or loss arising from a breach of this Warranty.
7.2 Advertiser agrees to indemnify WeddingSite forthwith on demand and hold WeddingSite harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by WeddingSite in connection with any claims, actual or threatened, of any kind (including, without limitation, any complaints claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from the Advertisement and/or any material of Advertiser to which users can link through the Advertisement.
7.3 Advertiser agrees that:
7.3.1 WeddingSite may store, reproduce and distribute copy relating to any Advertisement, including by electronic means;
7.3.2 WeddingSite may liaise with the police and/or any other relevant authority in relation to any Order/Advertisement or any response to any of them WeddingSite receive (including passing on Advertisers details);
7.3.3 WeddingSite may record and use Advertisers details to perform WeddingSite's obligations under these Conditions and publish Your Advertisement (including by passing them to other group companies and/or sub-contractors as reasonably necessary to do so);
7.3.4 WeddingSite may hold Advertisers details on record for a reasonable period and contact Advertiser about future advertising opportunities which WeddingSite believe may be of interest.
7.3.5 WeddingSite may use Advertiser details to contact Advertiser for feedback relating to the Advertisement.
7.3.6 any material submitted by Advertiser is held by WeddingSite at Advertisers own risk and should be insured by Advertiser against loss or damage from whatever cause. WeddingSite reserve the right to destroy without notice all such property after the date of its last appearance in an advertisement unless Advertiser has given written instructions to the contrary.
7.3.7 WeddingSite shall have no liability for any variation of up to 10% in the final published size of any advertisement.
8.1 Advertiser will provide all materials for the Advertisement, in accordance with the Order and WeddingSite's policies in effect from time to time, including (without limitation) the manner and time of transmission to WeddingSite and such technical specifications as WeddingSite may from time to time require. WeddingSite shall not be required to publish any advertisement that is not received in accordance with such policies.
8.2 The Advertiser must notify WeddingSite by telephone and submit in writing for WeddingSite's approval any changes to advertisements already approved and published. It is the Advertisers responsibility to make sure that WeddingSite receives this information.
8.3 If the Advertiser fails to provide the materials by the publication deadline, WeddingSite may repeat any previous Advertisement of the Advertisers for which WeddingSite have copy, or use a filler, and charge the Advertiser full price in any event.
8.4 WeddingSite retains copyright (and any other intellectual property rights) in all WeddingSite's artwork, copy and other materials in any Advertisement (even if combined with any of Advertisers copyright materials). In addition, Advertiser agrees that WeddingSite own the copyright in the typographical arrangement of all Advertisements. No copy in any form will be returned unless agreed in writing by WeddingSite at the time of placing the Order.
8.5 WeddingSite will not be liable for accidental loss or damage to Advertisers copy, including artwork and photographs, in any format. Accordingly, WeddingSite's liability for non-accidental damage to Advertisers copy will be limited to the value of the medium in which they are embodied.
9.1 All contents of advertisements are subject to WeddingSite's acceptance. WeddingSite does not undertake to review the contents of any advertisements and any such review of and acceptance by WeddingSite shall not be deemed to constitute a confirmation by WeddingSite that such advertisement is provided in accordance with the terms of the Agreement nor shall it constitute a waiver of WeddingSite's rights hereunder. WeddingSite reserves the right at any time, at its sole discretion, to reject or cancel the Advertisement, order, space reservation or position commitment; or remove the Advertisement from the Website.
9.2 In addition, WeddingSite shall have the absolute right without assigning any reason to reject any URL link embodied within the Advertisement.
Except as otherwise specified in the Order, the Order is non-cancellable by Advertiser.
No conditions other than those set forth in the Order or these Standard Terms shall be binding on WeddingSite unless expressly agreed to in writing by WeddingSite. In the event of any inconsistency between the Order and these Standard Terms, the Order shall prevail.
WeddingSite makes no guarantee to refer any Quote requirements to a SUPPLIER.
As The Customer retains the right to modify or withdraw its Quote requirements in the absence of a contract or other binding agreement with THE SUPPLIER, WeddingSite makes no warranty as to the availability or suitability of a specific Quote.
In using this service, you acknowledge that Weddingsite is not acting as a contractor or agent is not responsible for any goods or services the customer may request. It is your responsibility to negotiate the terms for any goods or SERVICES; WeddingSite will not be involved or held liable for any agreement between you and the Customer.
WeddingSite is not party to any contract made between the Customer and the SUPPLIER and shall not be liable to the SUPPLIER for any occurrence resulting from the introduction of the Customer to the SUPPLIER including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by the SUPPLIER howsoever arising
You understand that we do not control, and are not responsible for information made available through the service. WeddingSite makes no representation or warranty as to the accuracy, completeness or authenticity of the information provided by weddingsite or the customer.
In the event that you have a dispute with a customer you understand and agree that WeddingSite is under no obligation to become involved. In the event that you do have dispute with a customer, you hereby release WeddingSite, its officers, employees, agends and successors in rights, from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or any way related to such dispute and/or our service.
You agree that WeddingSite, in its sole discretion, has the right (but not the obligation) to deactivate your account, block your email address, or otherwise terminate or restrict your access to or use of WeddingSite and its services, immediately and without notice, for any reason, including, without limitation, if WeddingsSite believes that you have acted inconsistently with the letter or spirit of these terms.
You agree that WeddingSite has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by WeddingSite. You also acknowledge that WeddingSite reserves the right at any time to modify or discontinue the website or services (or any part thereof) without notice, and that WeddingSite shall not be liaible to you or to any third party for any modification, suspension or discontinuance of any services.
You agree to pay weddingsite a quotation fee for everytime you request to quote for a customer. This fee is payable in advance at the rate shown on the website. This fee is payable whether your quote is successful or not and no refunds are given. WeddingSite can not influence the outcome of any particluar quote request and does not guarantee that you will secure work from any quotation requests.
Any information (including personal details) that is provided to you in relation to supplier finder tool can only be used for the purposes of providing a quote to the customer and any subsequent discussions between you and the customer in relation to that quote. Customer Data can not be used for any unsolicited commercial messages. You may only use this information for any other purpose in the case that the user expressly agrees to after adequate disclosure of the purpose(s). In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances can you disclose personally identifiable information about a customer to any third party without our consent and the consent of the customer after adequate disclosure. We do not tolerate SPAM or unsolicited commercial communications and neither do our customers.
For any queries relating to the Supplier Finder service you can contact us at firstname.lastname@example.org
13.1 These Standard Terms, together with the Order:
13.1.1 shall be governed by and construed in accordance with, the laws of England and Wales and Advertiser submits to the non-exclusive jurisdiction of the English Courts;
13.1.2 may be amended only by a written agreement executed by an authoriSed representative of each party; and
13.1.3 constitute the complete and entire expression of the agreement between the parties, and shall supersede any and all other prior understandings, commitments, representations or agreements, whether written or oral, between the parties.
13.2 Notwithstanding any other provision above a person who is not party to these terms and conditions has and does not accrue any rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these terms and conditions, but this does not affect any right or remedy of a third party which exists or is available apart from this Act.
13.3 Any complaint made by users of the Website in respect of the Advertisement shall be dealt with by the Advertiser in a fair and reasonable manner.