Third Party Terms and Conditions
1. Application of these conditions of use:
By accessing or using any part of LandlordExpert.co.uk you agree to be bound by the following conditions of use. If you do not wish to be bound by these conditions, you may not access or use the services and Directories of LandlordExpert.co.uk.
We may change these conditions at any time without any notice to you. By your continued access and use of LandlordExpert.co.uk and it’s services and directories you agree to be bound by the most current version of the conditions of use. Please check these conditions periodically for any changes that may have been made.
2. Copyright and database right:
Except where otherwise noted, LandlordExpert.co.uk owns legally and beneficially all the intellectual property rights in the content of all the LandlordExpert.co.uk web pages (including the design, text, graphics and arrangement thereof) and in the software used therein. Such intellectual property rights include, without limitation, copyrights and database rights in the information displayed as LandlordExpert.co.uk © 2006.
“LandlordExpert” is a service mark of LandlordExpert.co.uk. All other trademarks, product names and company names or logos cited anywhere on LandlordExpert.co.uk are the property of their respective owners.
4. Permitted uses
Save as provided below, no materials from LandlordExpert.co.uk may be copied, downloaded, reproduced, replicated, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way. All content and it’s directories are especially monitored and any breach relating to these services detailed above will be treated seriously and legal action will be taken.
LandlordExpert.co.uk takes active measures to ensure that no unauthorised use or breach of its intellectual property rights is committed.
Subject to applicable third party content providers’ licences, you are allowed to access the LandlordExpert.co.uk databases and directories, to make a copy of the companies or services of any companies found within that database and directory, and to use those results PROVIDED that none of such access, copying and use falls into, is preparatory to or enables any of the categories of prohibited conduct referred to below, and provided that none of such access, copying and use is for the purpose of and in the course of ANY BUSINESS OR COMMERCIAL USE. For the avoidance of doubt, and without prejudice to the below mentioned prohibited conduct, such access, copying and use is prohibited even for a business if such conduct is merely incidental to the business.
For the avoidance of doubt and without limitation, you are expressly prohibited from:
modifying the data or other material from LandlordExpert.co.uk (“the Data”) or merging the Data with any other data; selling or trading in materials copied from the Data; using or redistributing the Data for the purposes of compiling databases, lists or directories, other than as and to the extent necessary to use the Data for a use not prohibited by this paragraph 4; providing commercial information, redistributing or reproduction of the same by the press or media or through any commercial network, cable or satellite system; issuing questionnaires, reply cards or similar for the purpose of data capture or verification; permitting or allowing the Data to infringe or otherwise prejudice our proprietary rights.
ADVERTISING TERMS & CONDITIONS
1.1 The terms are incorporated into each agreement entered into between the online publisher and the customer whether or the advertising order form or any other document which the customer signs makes reference to these terms.
1.2 In this contract the following expressions have the following respective meanings unless the context otherwise requires:
- “Online publisher” is the same as LandlordExpert.co.uk
- “Advertiser” or “Client” means the person or company identified on the “Partnership Contract” form.
- “Partnership Contract” means advertising order or advertising contract which is binding.
- The Landlord Expert logo on the contract specifies the particular website with which the order has been placed and does not mean that the company selling the content is Landlord Expert.
2) Terms of payment:
Payments can be made by bank transfer or by invoice or by standing order if detailed in the “Partnership Contract”.
Advertisers paying by invoice will be invoiced when a signed partnership contract has been received by the online publisher. Payment shall be made in full to the online publisher no later than fourteen days of the ‘Contract Date’ as stated in the partnership contract. All payments to the online publisher hereunder shall be made in sterling and shall be inclusive of any V.A.T chargeable thereon which shall be payable by the advertiser in addition, where applicable. Amounts paid after the due date shall bear interest at the rate of 2% per month 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 the advertiser to make payment, the advertiser will be responsible for all expenses (including legal fees) incurred by the online publisher in collecting such amounts. In the event of late payment the online publisher reserves the right to suspend the advertisers information posted on the website. In this event the online publisher may post an “account suspended” notice in place of any company information supplied.
3) Acceptance of advertising is subject to space availability upon receipt of signed contract or insertion order by the online publisher.
4) Advertisers Representations:
The advertiser warrants and represents to the online publisher that:
(1) it has the right to publish the contents of the advertisement, without infringement of any rights of any third party including, without limitation, intellectual property rights;
(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;
(3) it will be fully responsible for the terms (including, without limitation, product description, price and compliance with all applicable laws and regulations) of any contract for the sale of goods or services to customers who have seen the advert displayed by the online publisher.
The advertiser agrees to indemnify the online publisher forthwith on demand and hold the online publisher harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by the online publisher in connection with any claims, actual or threatened, of any kind (including, without limitation, breach of contract, any 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 the advertiser to which users can link through the advertisement and any other contract entered into for the purchase of the advertised goods or services..
The advertiser will defend or settle at its own expense any action or other proceedings brought against the online publisher that relates to the advertisement and/or any material of the advertiser to which users can link through the advertisement. The online publisher shall notify the advertiser promptly of any such claim and shall permit the advertiser to assume and control the defence of such action with Counsel chosen by the advertiser (who shall be reasonably acceptable to the online publisher) and shall not enter into any settlement or compromise of any such claim without the advertiser’s prior written consent. The advertiser shall pay any and all proper costs, damages and expenses (including but not limited to reasonable legal fees and costs) awarded against or incurred by the online publisher in any such action or proceedings.
5.1) The online publisher reserves the right to re-design parts of or the entire website as detailed in the insertion order and to re-position advertising and sponsorship accordingly without prior notice unless in breach of contractual commitments to the advertiser in the partnership contract.
5.2) The practice of deep linking may be necessary, thus enabling visitors to by-pass your home page to visit specific areas of your website directly..
5.3) Optimised web pages containing your company name and information may be submitted to search engines at the expense of the online publisher.
5.4) Positioning of advertisements is at the sole discretion of the online publisher except where a request for a specific preferred position is acknowledged by the online publisher in writing and/or contractually agreed. Material must be received 7 days prior to the specified publication date from the client in html format and images mus be hosted upon the clients server, otherwise position may be lost, reduced or, in the case of directory listings or fixed position advertisements, the insertion term may be reduced. If material is not provided by the client to the online publisher in a useable format prior to publication date the online publisher reserves the right to publish the clients company details and a logo if it is obtainable from the internet.
6) The online publisher may create an advertisement on behalf of the advertiser if material is not received within 14 days of the ‘Contract Date’ or prior to any date(s) specified in the contract – whichever is first.
7) Confirmed bookings may be cancelled prior to listings or advertisements being activated on this website, in which event 50 per cent of the agreed fee for whatever term will be payable. Once a listing or advertisement has been activated it is deemed to have been published and the agreed amount is payable in full.
In the event that invoices remain outstanding for more than 14 days, we reserve the right to suspend our service and to remove the relevant information from the website and Directory although the full amount remains payable. After a campaign has started all advertisements must run their contracted duration as per the partnership contract unless misuse of this promotion is abused in accordance with British laws or conflictions arise with any terms and conditions stated in this document.
8) All contents of advertisements are subject to online publisher’s approval. The online publisher reserves the right to reject or cancel any advertisement, insertion order, space reservation or position commitment, or remove any advertisement from any website page controlled by the online publisher, or reject any URL link embodied within any advertisement if in conflict with any conditions and related terms within this document.
9.1) The online publisher will notify contracted advertisers by email that their advertisement has been added to the website.
9.2) The agreed duration will begin from notification by the online publisher and/or from the contract date stated in the partnership contract.
9.3) The advertiser must notify the online publisher as soon as is reasonable by either email or fax of any inaccuracy or changes that need to be made.
9.4) The content of all ads incorporating data provided by a third party is not subject to the advertiser’s prior approval but no warranty is given by the online publisher with relation to the accuracy of such advertisements. The online publisher does not undertake to review the contents of any advertisements and any such review of, and approval by, the online publisher shall not be deemed to constitute an acceptance by the online publisher that such advertisement is provided in accordance with the terms of the Agreement, nor shall it constitute a waiver of the online publisher’s rights hereunder. The online publisher makes no warranty, express or implied, as to the accuracy of any advert. In the event that any advert is inaccurate, the advertiser’s sole remedy is for the online publisher to remedy such inaccuracy within 2 working days of it being notified of the inaccuracy by the advertiser.
10) All insertion orders are accepted subject to provisions of the current rate card. Rates are subject to change upon notice from the publisher. In the event of a rate increase during the period of the insertion order, the advertiser will have the option to cancel the remaining period of the insertion order with one month’s notice or as of the date of the rate increase, whichever period is the shorter, without penalty or continue the order at the revised rate. Page impression based campaigns are monitored and invoiced according to figures by the online publisher.
11) Limitation of Liability – The online publisher, partners, employees, associates or any other persons will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect or consequential losses; or
- the inaccurate information contained within emails
In any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred, suffered or incurred by a party arising out of or in connection with the provisions of any matter under these terms and conditions. In particular, and without limitation, the advertiser acknowledges that the online publisher will not be liable for such losses whether arising from a failure to publish an advertisement, or from the inaccuracy of any data contained in any advertisements (whether such inaccuracy arises from any action, or failure to act, of the online publisher, the advertiser or a third party).
Nothing in these terms and conditions shall exclude or limit the online publisher’s liability for death or personal injury resulting from its negligence or that of its servants, agents or employees.
Subject to the above, the liability of the online publisher in contract, tort, negligence, pre-contract or other representations or otherwise arising out of or in connection with these terms and conditions or the performance or observance of its obligations under these terms and conditions, and every applicable part of them shall be limited to the amendment of any inaccurate data in accordance with Section 9 above or in the event that the online publisher fails to electronically publish an advertisement, the advertiser’s sole remedy and the online publisher’s entire liability to the advertiser shall be limited at the online publisher’s option to either a refund of the advertising fee or relevant portion thereof, or placement of the advertisement at a later time in a comparable position.
The advertiser acknowledges that any website on which an advert is displayed is provided on an “as is” and “as available” basis without any representation or endorsement. The online publisher makes no warranties of any kind, whether express or implied, in relation to such website, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade or that the website will meet any requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs or are fully functional, accurate, or reliable.
12) The online publisher shall have the right to hold the advertiser or its agent liable for such monies as are due and payable to online publisher for advertising which the advertiser or its agent ordered and which advertising was published and displayed.
13) No conditions other than those set forth in the rate card shall be binding on the online publisher unless specifically agreed to in writing by the online publisher.
14) The online publisher is not liable for delays in delivery and/or non-delivery in the event of any situation beyond the control of the online publisher.
15) No conditions other than those set forth in the insertion order or this shall be binding unless expressly agreed to in writing. In the event of any inconsistency between the insertion order and this Agreement, this Agreement shall prevail.
These terms and conditions (as amended from time to time) together with any document expressly referred to in any of the terms, contains the entire agreement between the parties relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or verbal, between the parties in relation to such matters. No verbal explanation or verbal information given by any party shall alter the interpretation of these terms and conditions. Each party confirms that, in agreeing to these terms and conditions, it has not relied on any representation save insofar as the same has expressly been made a representation in these terms and conditions and agrees that it shall have no remedy in respect of any misrepresentation which has not become a term of these terms and conditions save that the agreement of each party contained in this.
The invalidity, illegality or unenforceability of any provision of these terms and conditions shall not affect or impact the continuation in force of the remainder of these terms and conditions.
Nothing in these terms and conditions shall be construed as creating a partnership or joint venture of any kind between the parties or as constituting either party as the agent of the other party for any purpose whatsoever and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.
These terms and conditions shall be governed by and construed in accordance with English law and the parties hereby submit to the non-exclusive jurisdiction of the English courts in respect of any dispute or matter arising out of or connected with these terms and conditions.
- Signed partnership contracts must be delivered at least five business days prior to the start of an insertion term
- Banner adverts must be delivered at least three business days prior to the start of an insertion term
- All other advertising copy and material must be delivered at least three business days prior to the start of an insertion term
- All advertising requires a signed partnership contract
- All programs start on weekdays (excluding bank holidays) unless contractually stated otherwise
- All payment terms in days include weekends