Website Advertising | Terms & Conditions | Yachting Pages
Website Advertisers Terms and Conditions
These terms and conditions describe the basis for the purchase by the Advertiser and sale by us of the Services described on this website (the "Website").
1. Definitions
In these terms and conditions, "we", "our" and "us" 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 posted on our Website to be validated by our Production team
"Advertiser" means the person or entity identified in the chosen advertising package who places the Advert and with whom this Agreement is made with 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 chosen advertising package and any other documents expressly referenced in either final or fully agreed form.
"Option” means the advertising package chosen from our online selection. There are a number of Options to pick from, eg. Showcase or Banner.
"Price" means the sums to be paid for the Advert by the Advertiser as specified in the chosen advertising package. 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" means the services we agree to provide to you under these Conditions
"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
The agreement between us under which we will sell you advertising services, namely our placing the Advert for the Price (the "Services") is made subject to these terms and conditions. The description of the Services, Price and the currency in which Price is to be paid are set out on the online registration page. In the absence of any agreement as to currency the Price shall be paid in Pounds Sterling.
3. Orders
3.1 Your order to place an Advert constitutes an offer to place that Advert for the Price subject to the provisions of this Agreement. Orders shall be accepted by us (at our sole discretion) 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 at the time of posting your advert and the Advertising Copy complies with our size and specification rules (which we will apply, acting reasonably, at our discretion).
3.2 Our acceptance of your order will be indicated by way of an email confirmation to the email address you supply to us.
3.3 We reserve the right to terminate this Agreement immediately if (acting reasonably) we believe that the Advertiser has sold space to a third party not mentioned at the time of placing the advert without our permission.
4. Publication of the Advertising Copy
We will send you a link to your live advert and /or listing details on our Website. 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.
5. Payment
5.1 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 7 days from invoice date.
5.2 Unless agreed otherwise with us when you place the Advert, the Advert will remain current for one year from the date it first appears on the Website. We will contact you before the date that the Advert expires with your renewal details.
5.3 We reserve the right to charge you interest before and after any judgment at the 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 these terms and conditions and the Website User terms.
7. Warranty
7.1 We warrant that the Services shall be supplied using our reasonable care and skill.
7.2 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.
7.3 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 7.
8. Cancellation
8.1 During the currency of the Advert, you may cancel part or all of your Order by informing us in writing at our registered office, in which case the cancellation charges set out in this clause will apply.
8.2 Cancellation of Website advertising incurs a termination fee. The termination fee will be pro-rated to reflect the amount of usage taken up at the date that the Advert is cancelled and will be the equivalent to the pro-rated fees remaining (taken up to the anniversary of the Advert first appearing on the Website). You agree that this cancellation fee is a genuine pre-estimate of the loss we will suffer if you cancel the Advert.
8.3 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 on our Website being lost unless other arrangements have been made in agreement with us.
9. Liability
9.1 We shall not be liable to you in connection with this Agreement in contract, tort or otherwise for any anticipated or actual: loss of revenue, profit, turnover, goodwill, savings or data or for any other indirect or consequential loss.
9.2 Our aggregate liability to you in connection with this Agreement shall not exceed the value of the Order(s) placed by you.
9.3 Notwithstanding anything else in these terms and conditions, we accept unlimited liability in respect of death or personal injury caused by our negligence.
10. Statutory Rights
These terms and conditions do not affect your statutory rights (if appropriate) as a consumer.
11. 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.
12. E-mail, user name and password
12.1 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.
12.2 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.
13. General
13.1 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.
13.2 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.
14. Complaints
If you have a complaint, please e-mail us at: office@yachtingpages.com.
15. 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.
15.2 Unless otherwise indicated in the box provided on the Advertiser registration page, 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 Website, together with the Website design, text and graphics, and their selection and arrangement, the typographical arrangement of material supplied by third parties and all software compilations, underlying source code and software (including applets) belongs to Advertising Services Limited, or the providers of such information. All rights are reserved. None of this material may be copied, scraped, 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 registered trademarks of Advertising Services Limited. Other product and company names mentioned on the Website may be the trademarks or registered trademarks of their respective owners.
16.3 You shall retain ownership of all copyright in data you submit to the Website. You grant us a world-wide exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner.
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.
