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| Terms and Conditions |
TERMS OF BUSINESS
PLEASE READ BEFORE ENTERING THIS CONTRACT
These Terms and Conditions apply to Venues and Supplier Services in the UK only.
(You will be deemed to accept these terms by submitting the Registration Form and these terms may not be amended or altered in any way without our express permission in Writing.)
Please read the following terms and conditions and click the link at the bottom of the page to accept them and proceed onto the registration form.
1) Definitions
In these terms the following will mean:-
"we” or "us" means Events in Business Ltd trading as Christmas Parties Unlimited whose office is at Norton House, Hunter Street, Buckingham, MK18 1DQ;
"you" means the company advertising the Venue and/or Supplier Service whose name and address is in the Registration Form;
“Agreement” means the Terms and Conditions contained within this document;
"Registration Form" means the form you use to register your request to advertise the Venue and/or Supplier Service on the Website, in accordance with the guidelines set out in these terms and conditions;
“Venue” means the venue(s) to be advertised on the Website as a Christmas party;
“Supplier Service” means a service that you provide to third parties to be advertised on the Website;
“Website” means the website www.christmaspartiesunlimited.co.uk owned by us where you will be allocated space to advertise your Venue and/or Supplier Service strictly on the terms and conditions set out in this Agreement;
“Writing” means by email, post or facsimile transmission;
“Fee” means the amount agreed to advertise your Venue and/or Supplier Service on the Website;
“Advertisement” means material supplied to us to promote your Venue and/or Supplier Service on the Website.
2) Advertising Your Venue or Supplier Service on the Website
In consideration of your paying the agreed Fee we agree to do the following:
a) We will make space available on our Website for you to advertise your Venue and/or Supplier Service on-line together with space to include the text and number of images in accordance with our specified format in relation to your Fee. The space provided specifically excludes the use of telephone numbers and websites.
b) We will provide you with the facility to use a unique supplier pass code which will give you unlimited access to update and amend data.
c) In order to take this space you must complete the Registration Form in full and submit your payment. A firm order will only be in place once we have acceptance of your Registration Form and payment when the Advertisement will appear on the Website. Until that time we may reject the Registration Form with money if relevant but without explanation.
d) We do not accept responsibility for the contents of your Advertisement. We do not check Advertisements and our acceptance of the Registration Form does not signify acceptance of the contents. You will ensure that your Advertisement is at all times accurate, up-to-date and complete, and that it includes nothing which is pornographic, obscene, offensive, indecent, abusive, menacing, unlawful, blasphemous, an invasion of privacy, an infringement of Intellectual Property Rights or of any Data Protection legislation or principle, defamatory, a malicious falsehood or seditious libel, a contempt of court, or anything which is likely to incite or capable of inciting violence, racial hatred, sadism, cruelty, or which encourages any unlawful or illegal act or omission, or which is misleading, or cause annoyance, inconvenience or needless anxiety, or which is potentially damaging or harmful.
e) You will ensure that the Registration Form contains details of someone within your organisation who is responsible for dealing with queries and problems in relation to your Advertisement. You will keep up-to-date the contact details you give to us on the Registration Form and will immediately notify us of any changes to those details.
f) The Agreement commences from the date you accept the terms and conditions as part of the Registration Form process.
3) Access to Website
We do not warrant or represent that access to the Website will be available at all times. We reserve the right at any time to suspend provision of any service for the purposes of repair, maintenance or support at any time without notice and for any reason. You acknowledge and accept that access may not be possible or may be delayed due to excessive use or demand, technical or other reasons.
a) We reserve the right at any time to suspend provision of any service, or part service, without advance notice:-
(i) if we believe or suspect that your material infringes the copyright, trade mark or any other right of any third party, or is in any way unlawful, or
(ii) is likely to lead to any third party instituting or threatening legal proceedings against you or us, or
(iii) that you are in breach of your obligations, or
(iv) that the Website is being used for any illegal or unlawful purpose.
If we discover that your Advertisement is in breach of Clauses 2(d) above we will remove it immediately without notice and we will not refund your Fee.
4) Agency
We will not be responsible for the booking of any Venues and /or Supplier Services but if we do so we will act as your agents when passing on any details. You will be responsible for making any arrangements between you and the third party and any contracts made will between you and that third party only. We will not be responsible for any monies owing to you from the third parties and you will indemnify us against any claim for breach of contract in respect of any contract for the booking of a Venue and/or Supplier Service or the party or any other arrangements.
5) Payment
You will pay us our Fee on submission of the Registration Form by cheque, BACS or credit card. The Fee is exclusive of VAT, which will be added if relevant at the rate then in force (currently 17½%). In the event of non-payment on the due date we reserve the right to charge interest at 5% above the base rate of Barclays Bank plc on any late payment, and to withdraw our services until such time as full payment of the outstanding invoice is made. For payment by cheque or BACS you will pay us the Fee on or before 14 days from the invoice date.
6) Intellectual Property Rights
We own all the intellectual property rights in respect of the Website, together with our corporate logo, trading name and brand identity.
You will remain the owner of any intellectual property rights existing in the description of the Venue and/or Supplier Service and any images in respect of material submitted for the Advertisement. You grant to us licence to reproduce, adapt and publish any images in respect of any material submitted for the Advertisement to promote your Venue and/or Supplier Service.
You will make and keep back-ups of your material, and you accept that you are responsible for the restoration of any of that material which is lost or spoiled.
7) Your Liability
You warrant to us that none of the information or materials supplied by you to us will infringe the Intellectual Property Rights of any third party; and that you have ownership and copyright of images and text submitted.
You warrant to us that you have the right to disclose to us any information and materials that you provide to us and that we are entitled to retain, disclose and amend that information and materials for the purpose of fulfilling our obligations. Without prejudice to the above, you also warrant that you have obtained the consent of any individual whose personal data is disclosed to us.
You will indemnify us and keep us indemnified against all costs, claims, demands, expenses and liabilities we incur as a result of your breach of any of these terms and conditions.
8) Our Liability
a) The following provisions set out our entire liability (including any liability for the acts and omissions of our employees or sub-contractors) to you in respect of:-
i) Any breach of our contractual obligations arising under this Agreement; and
ii) Any representation statement or tortious act or omission including negligence arising under or in connection with this Agreement.
b) We will not be liable to you for any acts and/or omissions including that of our employees or sub-contractors for any direct or incidental or special indirect or consequential loss, damage to, injury costs or expenses of any kind including without limitation loss of profit even if such a loss was reasonably foreseeable or you had advised us of the possibility of your incurring such loss.
c) Without expanding on our limitation of liability under Clause 8(b) above our entire liability in respect of any act or omission as specified above will be limited in respect of each such claim or series of claims to the annual Fee payable under this Agreement.
d) We will not be liable to you or any third party for any loss, claims or damages that may arise through our failure to meet any schedule or specified dates.
e) The foregoing states our entire liability, whether in contract, tort (including negligence) or in any other way, for all and any defects, deficiencies and errors in the service provided under this agreement. You acknowledge that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between us.
9) Confidentiality
Each party will keep all details of this Agreement confidential.
10) Termination
We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate all or any part of the Service if you breaches the Terms, or any time or for any reason, at our sole discretion.
11) Publicity
We will be allowed to refer to your company in publicity of the Website. We will be entitled to contact your company or business with further information of our future offers provided that we will not disclose your details to any third parties.
12) Nature of the Agreement
If we choose not to take up any right of action at any time then this will not prevent us from taking action on the same or similar point at another time.
This Agreement is personal to you and you are not entitled to assign, or pass this Agreement to a third party without our prior written permission which will not be withheld unreasonably.
13) Law and Jurisdiction
This Agreement will be governed by and subject to English Law and will come under the exclusive jurisdiction of the English Courts. It is understood by any party accessing this Website that certain jurisdictions do not permit access to such sites and no representation or warranty is made as to whether this Website complies with the legal requirements of any country in particular.
14) Notices
Notices must be given in Writing:
By email - E-mails will be deemed to have been received within 1 day of having been sent, provided that no error message is received by the sender.
By hand
By post – deemed as by first class post and judged to have arrived 2 days from date of posting.
By facsimile – deemed as being accepted provided that there is a transmission sheet showing that the transmission was properly transmitted to the correct number.
Notices sent by other means will be received immediately.
Date 03/04/2005
If you except these terms and conditions please click here |
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