Advertising Terms and Conditions
Please read and agree the following Terms and Conditions for Advertisers.
A Place To Stay UK Ltd - Terms and Conditions for Advertisers ------------------------------------------------------------- Definitions In these Conditions: "Acceptance of Application" means the Company's electronic mail confirmation of the on-line conclusion of the Contract, which the Company shall send by email to the Advertiser's email address, for the Advertiser to print in hard copy and retain for reference "Accommodation" means the accommodation advertised by the Advertiser through the Website "Advertiser" means the person or company who agrees to pay the Price in consideration of the Company advertising the Accommodation "Advertisement" means the advertisement of the Accommodation "Company" means A Place to Stay UK Limited "Conditions" means the conditions set out herein and any special terms and conditions agreed in writing by the Company "the Contract" means the contract by which the Advertiser accepts the Company's offer through the Website to advertise the Accommodation under the terms stated herein "Price" means the price for advertising the Advertisement as shown on the Website "Term" means the period of either 3, 6, 12 or 24 calendar months, as shall be specified in the Advertiser's application form and confirmed in the Acceptance of Application. The first such Term shall commence on the date on which the Acceptance of Application is sent by electronic mail to the Advertiser "Website" means the website of A Place to Stay UK Limited Conditions These Conditions shall apply to all contracts for the Advertisement of Accommodation by the Company to the exclusion of all other terms and conditions including any terms or conditions which the Advertiser may purport to apply under any side letter, confirmation of application or similar document. Any variation to these Conditions shall be inapplicable unless agreed in writing by the Company All applications by Advertisers for Advertisements shall be deemed to be acceptances by the Advertiser of the terms and conditions as set out herein Price and Payment The Price is inclusive of VAT (if any) but exclusive of all other taxes (if any) which such VAT or taxes will be calculated at the prevailing rate as at the date of the invoice for the Advertisement 3.2 The Advertiser shall pay the Price to the Company by inputting its bank details into the electronic form on the Website and authorising the Company to debit a sum equal to the Price directly from Advertiser's bank account by electronic means 3.3 In the event that the Advertiser wishes to renew the Contract beyond the Term, the Advertiser shall pay to the Company the renewal fee, the amount of which shall be notified by electronic mail to the Advertiser no later than 1 calendar month prior to the expiry of the Term. The Advertiser must then pay the renewal fee to the Company within 10 working days prior to the expiry of the then current Term 3.4 If the Company does not receive payment pursuant to 3.3 above on or before the date specified in 3.3, the Contract shall come to an end and the Company shall have no further obligations to place the Advertisement Advertisement Unless specifically guaranteed in writing by the Company, no statements as to capacity or performance specified in relation to the functioning of the Website are to be treated as contractual. The Company may from time to time make changes in the specification of the Website which are required to comply with any applicable statutory requirements or which do not materially affect the nature or quality of the Advertisement The Advertiser shall be responsible for checking the accuracy of the Advertisement. The Company shall amend errors which are notified to it in writing 4.3 The Company shall use reasonable endeavours to ensure the Website is maintained and remains operational but the Company accepts no liability for any failure of the Website to be operational at any time 4.4 The Company makes no guarantee that the Advertiser will find customers through the Advertisement 4.5 The Advertiser warrants to the Company that the Advertisement does not infringe the rights of any third party 4.6 The Advertiser shall supply to the Company or to the Company's Agent (if any) such information as it shall reasonably determine is appropriate for the purposes of advertising the Accommodation. The Advertiser shall be responsible for the accuracy of any such information and the Company assumes no liability or responsibility in respect thereof 4.7 Time of posting of the Advertisement on the Website shall not be of the essence of the Contract. The Company shall not be liable for any loss or damage whatever due to failure by the Company to post the Advertisement on the Website promptly 4.8 If the Advertiser shall request that certain words and/or phrases within the Advertisement appear in the Advertisement as metatags then the Advertiser shall specify such metatags in its application form. The Company shall use its reasonable endeavours to ensure that all or a reasonable number (as the Company shall determine) of such metatags are included in the Website 4.9 Subject to Clause 4.8, the Company shall be free to determine which such words and/or phrases in the Website shall be used as metatags 4.10 The Company reserves the right to remove any Advertisement from the Website for non-payment of the Price or any renewal fee or in the event that it determines in its absolute discretion that such Advertisement contains material or references which are obscene, immoral, illegal or which the Company reasonably determines is not conducive to the good public standing of the Company 5. Cancellation The Advertiser shall have the right to withdraw from the Contract at any time within 7 (seven) working days from the date on which the Acceptance of Application is sent to the Advertiser by electronic mail, on giving notice of its intention to so withdraw in writing to the Company to arrive at the Company's registered office no later than 10 working days from the date of the Company's sending of the Acceptance of Application to the Advertiser 6. Force Majeure If at any time and for any period during the Term, the operation of the Contract is disrupted or rendered impossible by causes totally outside the control of the Company (a Force Majeure Event), then the Company shall give written notice to the Advertiser of the cause of such Force Majeure Event within 7 working days of its occurrence, providing particulars of the circumstances and its effect, and the Advertiser shall allow the Company such time to resume operation of the Contract as is reasonable in the circumstances 7. Warranties and Liabilities 7.1 The Advertiser warrants that it shall carry out the services which it offers in the Advertisement with reasonable skill and care 7.2 Subject as expressly provided in these Conditions, and except where the Company is agreeing under the Contract with a person who is a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law 7.3 The Company shall be under no liability under the Contract if the Price has not been paid by the due date for payment 7.4 Except in respect of death or personal injury caused by the Company's negligence, the Company shall not be liable to the Advertiser by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees, agents or sub-contractors or otherwise) which arise out of or in connection with the advertisement of the Accommodation through the Website or the performance of this Contract or as a consequence of loss to any third party, and the entire liability of the Company under or in connection with the Contract shall not exceed the greater of the Price or the amount of insurance cover which the Company has in place to cover the damage which has occurred, except as expressly provided in these Conditions 7.5 The Advertiser warrants that, in the event that any third party shall claim against the Company for breach of intellectual property rights arising out of the Advertisement being posted on the Website, the Advertiser shall indemnify the Company against any costs, claims, proceedings, damages, loss or other liability which the Company shall thereby suffer 8. Confidentiality 8.1 For the purposes of this Agreement `Restricted Information' means any information which is disclosed to the Advertiser by the Company pursuant to or in connection with the Contract, whether orally or in writing and whether or not the information is expressly stated to be confidential or marked as such 8.2 Except as provided by Clause 8.3, the Advertiser shall at all times during the continuance of the Contract and after its termination: 8.2.1 use its best endeavours to keep all Restricted Information confidential and accordingly not to disclose any Restricted Information to any other person; and 8.2.2 not use any Restricted Information for any purpose other than the performance of the obligations under the Contract 8.3 Any Restricted Information may be disclosed by the Advertiser to such an extent only as is necessary for the purposes contemplated by the Contract, or as is required by law 9. General 9.1 No waiver by the Company or any breach of the Contract by the Advertiser shall be considered as a waiver of any subsequent breach of the same or any other provision 9.2 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby 9.3 Any notices shall be in writing addressed to either party at their registered office or principal place of business 9.4 The parties hereby agree to attempt first to settle any dispute or difference arising under the Contract by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. No party to the Contract may commence any court proceedings in relation to any dispute or difference arising out of the Contract until they have attempted to settle it by mediation as provided for in this clause and that such mediation has been terminated 9.5 The Contract shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts
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