Print Advertising | Terms & Conditions | Yachting Pages
Print Advertisersing Terms and Conditions
These terms and conditions describe the basis for the purchase by the Advertiser and sale by us of the Services.
1. Definitions
In these terms and conditions, "we" "us" and "our" means Yachting Pages which is a trading name of Advertising Services Limited (company number: 04544735), whose registered office is at Cooper House, Lower Charlton Estate, Shepton Mallet, Somerset BA4 5QE.
"Advert" means the advert specified in the Order confirmation or proof which will be placed in the Directory for the period of time specified in the Order.
"Advertiser" means the person or entity identified in the Order who places the Advert and with whom this Agreement is made by us together with their successor and assignees;
"Advertising Copy" means the detail and layout of the Advert, provided by the Advertiser.
"Agreement" means these terms and conditions, the provisions of the Order and any other documents expressly referenced in either in final or fully agreed form.
"Copy Close Date" means the deadline advised by our production department which is the latest date by which we can accept your Order or modifications to copy within your Advert.
"Directory" means the edition(s) of Yachting Pages or The AngloPHONE BOOK or SYOG as specified on the Order.
"Order" or "Form" means the order form or email showing the details of the Advert(s) to which these terms and conditions apply or are attached.
"Price" means the sums to be paid for the Advert by the Advertiser as specified in the Order or, in the absence of any such Price being included, at our standard current applicable rates. Unless otherwise stated the Price is exclusive of VAT and all other applicable taxes and duties which shall be paid in full by the Advertiser as part of the Price at applicable rates.
"Services" shall have the meaning given at clause 2
"Website" means www.yachtingpages.com, www.SYOG.com, www.yachting-pages.com or www.theanglophonebook.com.
"you" and "your" means the Advertiser.
2. Formation of agreement
2.1 Your request to place an Advert constitutes an offer (to place that Advert for the Price subject to the provisions of this Agreement). The terms of your offer will be discussed and agreed with us in correspondence prior to your offer. Our agreement to sell you advertising services by placing the Advert for the Price (the "Services") is made on the basis of these terms and conditions when we accept your Order for the Services by sending you an Order confirmation. The description of the Services, Price and the currency in which the Price is to be paid will be confirmed in the Order confirmation. In the absence of any agreement as to currency the Price shall be paid in Pounds Sterling
3. Order Forms
3.1 Orders (whether by fax, in writing or by email) shall be accepted at our sole discretion but are normally accepted when:
(a) your credit or account card is authorised for the transaction; and
(b) you send us the Advertising Copy by the deadline advised by our production department or in the Order Form, and the Advertising Copy complies with our size and specification rules (which we will apply, acting reasonably, at our discretion); and
(c) we are satisfied that the Advertiser has not sold space to a third party not mentioned at the time of placing the advert.
3.2 The Price quoted to you at any time shall remain valid for 14 days. If our Prices increase in between the expiry of that period and the delivery date, we will confirm as much to you by e-mail and seek your agreement that the new Price is acceptable before accepting your offer by sending a confirmation Order form.
4. Publication of the Advertising Copy
4.1 We will send you one proof of each Advert for your review. If we do not receive written notification of your intention to amend the Advert within the timescale advised, the Advert will be deemed by us to be approved by you.
4.2 Reasonable changes or alterations to the Advert are free of charge before the Copy Close Date. We reserve the right to charge for multiple modifications which we consider to be excessive.
4.3 It is your responsibility to seek out and respond to proofs of adverts supplied by us. If you fail to respond to proofs or respond after the notified deadline we accept no liability arising from any errors which may appear in the advert.
4.4 Failure to supply advertising copy and/or finished Adverts by the given deadline may result in the Advert and/or listings not appearing in the Directory or previous adverts being repeated. Full payment of all invoices in respect of such advertising will be due.
4.4 We do not give any warranty or undertaking as to when the next printed edition of the Directory(s) will be published and we reserve the right to publish new editions on the Website at such intervals as we think fit.
5. Payment
Unless different payment terms have been agreed to, in writing, by both parties, payment for the Services and related costs will be due and must be paid by you without set off and in cleared funds to reach us within thirty (30) days of the date of our invoice. If applicable, we shall charge your account for payment upon fulfilment of the Order. We reserve the right to charge you interest before and after any judgment at maximum rates under applicable law if you fail to make any payment due under this Agreement.
6. Access to the Website and content
6.1 We are continually improving our service to our clients, so specifications or design changes may be made to the Website at any time. We shall use reasonable commercial endeavours to keep the Website up to date but information and specifications given are for your information only and are subject to change without notice.
6.2 We will endeavour to allow uninterrupted access to the Website, but access may be suspended, restricted or terminated at any time. Use of the Website is subject to our Website terms and conditions.
7. Directories
7.1 We may make any changes to the Advert we deem necessary to comply with generally accepted directory policies and printing standards.
7.2 Adverts will be listed in date and payment received order in the classified section of the Directory. We reserve the right to amend the Advert positions and layout at our sole discretion.
7.3 We will use reasonable endeavours to meet reasonable Directory placement requests where it is practicable for us to do so. We may not be able to fulfil requests regarding the precise positioning of adverts within a title which have not been specifically paid for at the time of printing and we are not liable for any un-fulfilled requests.
7.4 In the unlikely event that we exercise our discretion not to publish the Directory (whether in print or on our Website), your sole remedy will be a refund of the money you have paid for an Advert which should have appeared in the Directory pro rata to the period which it has not appeared.
7.5 We give no warranty as to the number of Directories that will be printed or distributed nor as to the locations where they will be distributed but details of our distribution plan may be obtained by contacting distribution@yachtingpages.com.
7.6 The Advert will appear in one edition of the Directory. Only one edition of the Directory will be published in each twelve (12) month period, unless otherwise stated.
8. Warranties
8.1 We warrant that the Services shall be supplied using our reasonable care and skill.
8.2 You represent, warrant and undertake that:
(a) The Advertising Copy:
(i) is not defamatory, does not contain any material which is offensive, inflammatory, obscene, blasphemous, threatening or illegal; and
(ii) does not infringe the copyright, trademark rights or other rights (including intellectual property rights) which any third party may have in the Advertising Copy;
(b) you own the copyright in the Advertising Copy or you have the right to give us permission to use it on the Website or in the Directory in all the countries in which the Directory will be distributed;
(c) you own or otherwise have the authority to use all trade marks, logos, trade names, the names of trade associations or quality assurance marks used in the Advertising Copy in all the countries in which the Directory will be distributed;
(d) you have provided the correct telephone and email details to be published in the Directory or Website and will keep the same up to date should you change them during the currency of the Advert; and
(e) your material is not in any way liable to mislead others or otherwise be detrimental to or inconsistent with our standing or reputation.
8.3 You will fully indemnify us and keep us fully indemnified for any costs, expenses, fines, damages or loss whether directly or indirectly arising (and including without limitation, economic loss) suffered by us arising out of your alleged or proven failure to observe any of the terms of this condition 8.
9. Cancellation
9.1 You may cancel part or all of your Order by informing us in writing at our registered office before the Copy Close Date in which case the cancellation charges set out in this clause 9 will apply.
9.2 Cancellation of Order Forms or Directory advertising incurs the following termination fees, which you agree are a genuine pre-estimate of the loss we will incur in relation to the removal of the Advert:
(a) Cancellations received within one (1) calendar month of the Order date will be charged £100 plus VAT (where applicable) or the deposit already paid, which ever is the higher; or
(b) Cancellations received after one (1) calendar month of the Order date will be charged at £250 plus VAT (where applicable) or the deposit already paid, which ever is the higher.
9.3 Any failure by you to make any payment or pay any instalment agreed between the parties to this Agreement or any other contract between us within sixty (60) days of the date of the Order will result in your Advert being cancelled immediately and your position in our Directory being lost.
9.4 Orders cannot be cancelled after the Copy Close Date.
10. Liability
10.1 We shall not be liable to you in connection with this Agreement in contract, tort or otherwise for any anticipated of actual: loss of revenue, profit, turnover, goodwill, savings or data or for any other indirect or consequential loss.
10.2 Our aggregate liability to you in connection with this Agreement shall not exceed the value of the Order(s) placed by you.
10.3 Notwithstanding anything else in these terms and conditions, we accept unlimited liability in respect of death or personal injury caused by our negligence.
11. Statutory Rights
These terms and conditions do not affect your statutory rights (if appropriate) as a consumer.
12. Matters outside our control
We shall not be liable to you or in breach of this Agreement for delay or failure to perform if the delay or failure is due to a cause beyond our reasonable control.
13. E-mail, user name and password
13.1 E-mails to you shall be sent to the address that you specify to us. It is important that you give us an accurate and valid e-mail address and promptly let us know if there are any changes to it.
13.2 If you are issued with a user name and password when you register with us these will be personal to you and are not transferable. Any breach of security of a user name or password should be notified to us immediately. You will be responsible for any payments due for Services ordered through the Website by anyone using your user name and password.
14. General
14.1 If we fail to enforce a right under this Agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.
14.2 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
15. Complaints
If you have a complaint, please e-mail us at: office@yachtingpages.com
Privacy
15.1 We comply with all applicable data protection laws. We reserve the right to use details that you have provided to us as set out in our privacy policy which is available here.
15.2 Unless otherwise indicated, you expressly agree that we may use information about you obtained by us under this Agreement for the purpose of sending you promotions offered by us and/or any trustworthy third parties.
16. Intellectual property
16.1 The copyright in the material contained in the Directory, together with the design, text and graphics, and their selection and arrangement, the typographical arrangement of material supplied by third parties belongs to Advertising Services Limited, or the providers of such information. All rights are reserved. None of this material may be copied, reproduced or redistributed without our written permission and it is a breach of these terms and conditions to do so.
16.2 Yachting Pages, SYOG and The AngloPHONE BOOK are trademarks of Advertising Services Limited. Other product and company names mentioned in the Directory may be the trademarks or registered trademarks of their respective owners.
16.3 We retain copyright in all artwork, Copy and other material supplied for the Directory which we, our agents or employees have created or contributed to. You do not obtain any rights in any artwork created by us and you will not be entitled to use it in any other form or in any other media.
17. Entire Agreement
17.1 This Agreement sets out the entire agreement and understanding between the parties and supersedes all prior agreements, understandings or arrangements (whether oral or written) in respect of the subject matter of this Agreement.
17.2 Each party acknowledges that it has entered into this Agreement in reliance only on the representations, warranties, promises and terms contained or expressly referred to in this Agreement and, save as expressly set out in this Agreement, neither party shall have any liability in respect of any other representation, warranty or promise made prior to the date of this Agreement unless it was made fraudulently.
18. Governing law
18.1 These terms and conditions shall be governed by and construed in accordance with English law.
18.2 Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties irrevocably submit.
