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www.Fish-uk.com
Terms and Conditions
of Advertising
These are the Advertising Terms and Conditions of www.Fish-uk.com
governing Listings, Dedicated Web Pages, Links, Advertisements and content
provided by you for display on www.Fish-uk.com web site. These Advertising
Terms and Conditions constitute a legally binding agreement between
you and www.Fish-uk.com. They include certain promises by you about the
content provided by you. Failure to comply with these Advertising Terms
and Conditions could lead to removal of your content and possibly legal
action against you. Read them carefully before providing any content and
you should seek legal advice if you are in doubt about their meaning or
effect.
Your use of www.Fish-uk.com is governed by www.Fish-uk.com Terms and
Conditions. These Advertising Terms and Conditions are in addition to
those, which continue to apply. In the event of any inconsistency between
www.Fish-uk.com general site Terms and Conditions and these, these shall prevail. By
Advertising with www.Fish-uk.com you agree that you have read and agree to
these Terms and Conditions
In these Terms
Definitions;
Words in the singular include the plural meaning and words in the plural
include the singular meaning; use of any gender includes the other
genders;
“Advertisement” means any page or part thereof containing graphics, text
or link put forward by the Advertiser to be published, substituted or
separately inserted onto the site intended for reproduction by Fish-uk;
“Advertiser” means the provider of an Advertisement whether he/she be the
owner or Agent acting on his/her behalf;
“Advertising Content” means advertising text, link, content or graphics intended
for reproduction by Fish-uk as an Advertisement;
“Advertising Package” means an Advertising Package as published on
www.Fish-uk.com
“Advertisement Specifications” means the specification for Advertisements
set out on the Advertise with us page or as agreed with Fish-uk..
“Notice of Cancellation” means the notice from the Advertiser either in
writing to webmaster@fish-uk.com or cancellation via telephone on
07799361691 informing Fish-uk that the Advertiser wishes to cancel the
Contract;
“Working Day” means each day excluding Saturdays, Sundays and English bank
and other public holidays.
“Site” means www.fish-uk.com;
“Terms” means these terms and conditions and the terms of the Privacy
Policy and the Site Terms and Conditions of Use;
“Fish-uk” means; this site, www.Fish-uk.com
Basis of Contract
1.a) These Terms shall apply to the sale by Fish-uk of all Advertising
Packages and Advertisements advertised on Fish-uk's site, including
Individual Advertising Packages tailored to the Advertisers needs,
purchased by the Advertiser via the telephone, post or email and these
Terms shall govern each Contract to the exclusion of any other terms and
conditions introduced or submitted by the Advertiser.
1.b) When an Advertiser contacts Fish-uk for the insertion of a Listing,
Dedicated Web Page, Link(s) and/or Advertisement(s) on Fish-uk’s Website,
via the website,
over the telephone, by post or by email this will constitute an offer.
1.c) On acceptance of an offer a contract is entered into. The completion of the contract
shall take place as soon as possible after the agreement, usually (but not
guaranteed) within
48 hours.
2. Acceptance of Advertisement
2.a) Advertisements are accepted subject to the following conditions:
2.a.1) the Advertiser shall
supply the Advertisement in such forms as in the Advertisement
Specifications or as Fish-uk shall specify.
3.a) Fish-uk has at its absolute discretion the right to omit, suspend or
change the position of any Advertisement accepted including but not
limited to the following reasons:
3.a.1) to comply with legal or moral obligations placed on Fish-uk or any
Advertiser; and
3.a.2) to avoid infringing third party’s rights, the British Code of
Advertising Practice and all other codes under the general supervision of
the Advertising Standards Authority.
3.b.1) If Fish-uk decides that the Advertisement Content is unsuitable in
accordance with clause 3.a.1 - 3.a.2, Fish-uk will notify the Advertiser
by email who must supply an alternative copy within 3 Working Days of
receiving the notification unless otherwise agreed by Fish-uk in writing
or by email.
If the alternative copy is not accepted, Fish-uk will notify the
Advertiser again by email who must supply an alternative copy within 2
Working Days. If this second alternative
copy is not accepted, Fish-uk will deem the contract terminated.
3.c) Fish-uk may make any additions to, changes in or deletions from any
Advertisement Content required by any competent authority, provided that
Fish-uk shall inform the Advertiser prior to making any addition, change
or deletion, where reasonably practicable.
3.c.1) In the event that the Advertising Content does not comply with the
Advertisement Specification, Fish-uk shall be permitted to either reject
or change the Advertising Content to comply with the Advertising Specification.
Such changes may include (but are not limited to) reformatting, cropping,
resizing and editing. In either case Fish-uk shall inform the Advertiser
prior to making such changes.
3.d) In the event that Fish-uk fails to publish any Advertisement in
accordance with clause 3.a.1, 3.a.2, 3.b.1, 3.c and 3.c.1), Fish-uk shall
not incur any liability to the Advertiser for any damage or loss in
respect of non-publication.
3.e) It is the responsibility of the Advertiser to check that the
Advertisement Content is correct. Without prejudice to clause 3.c, Fish-uk
accepts no liability for any error in the Advertisement, or in the case of
multiple Advertisements the repetition of an error unless notified to
Fish-uk immediately at the point at which the error occurs.
3.f) Contracts become effective when acknowledged by both parties in the effect of exchange of email's or in writing.
4. Advertisement Content and Advertisement Warranties
4.a) The Advertiser warrants that:
4.a.1) it has the full power and authority to enter into and perform these
terms;
4.a.2) it complies with all applicable laws, rules and regulations and any
industry codes or rules (by which the Advertiser or Fish-uk may be bound)
that are in force at the time the Advertisement is to be inserted;
4.a.3) the Advertisement does not contain any material that shall breach
any contract or infringe or violate any copyright, trademark or any other
personal or proprietary right of any person or render Fish-uk liable to
any claims or proceedings whatsoever;
4.a.4) in respect of any Advertisement submitted which contains the name
or pictorial representation (photographic or otherwise) of any living
person and / or any part of any living person and / or copy by which any
living person is or can be identified, the Advertiser has obtained any
authority of such living person to make use of such name, representation
and / or copy; and forwards proof of any such authority if asked to do so;
4.b) The Advertiser agrees to indemnify Fish-uk and keep it indemnified
against all claims, costs, proceedings, demands, losses, damages or
expenses whatsoever arising directly or indirectly as a result of any
breach or non-performance of any of the representations, warranties or
other terms herein contained or implied by law.
5. Payment
5. a) Preferred Payment method is PayPal. Cheques are accepted in £ (GBP) and € (EURO) other payments are
through PayPal
5.b) On acceptance of the Advertisement and build of the Advertisement, Fish-uk will email
the Advertiser for the agreed payment. Payment will be due immediately and
payable within two 2 days, either by using PayPal through my site or
cheque or postal order made payable to J.Boswell and posted to the address
at the bottom of this page. Upon payment the advertisement will be published online.
5.c) In the event that payment is not made by the due date in accordance
with clause 5.b) above (in respect of which time shall be of the essence)
Fish-uk reserves the right to remove or withhold the Advertisement until payment has
been received.
5.d) I may in my absolute discretion require proof that certain conditions
are met before I can accept some Listings, Dedicated Web Page
content,
Links or Advertisements. For example but not limited to:
5.d.1)) I may require that persons holding themselves out as having
certain professional qualifications produce proof of such qualifications;
6. Contract Cancellation.
6.a) The Advertiser may issue a Notice of Cancellation at any time prior
to publication. From date of publication no Notice of Cancellation may be made.
7. Indemnity and Liability
7.a) Nothing in these Terms excludes or limits the liability of Fish-uk
for death or personal injury caused by the negligence of Fish-uk or any
other liability which may not otherwise be limited or excluded under
applicable law.
7.b) Subject to clauses 7.a) and notwithstanding this clause 7b), Fish-uk’s
aggregate liability (whether in contract, tort or otherwise) for loss or
damage shall in any event be limited to a sum equal to the amount paid or
payable by the Advertiser for the Advertising Package in respect of one
incident or series of incidents attributable to the same clause.
7.c) Subject to clause 7.b) above, Fish-uk shall not be liable in contract,
tort (including limitation negligence), pre-contract or other
representations (other than fraudulent or negligent misrepresentations) or
otherwise out of or in connection with the Terms for any:
7.c.1) economic losses (including without limitation loss of revenues,
data, profits, contracts, business or anticipated savings); or
7.c.2) loss of goodwill or reputation; or
7.c.3) special or indirect losses suffered or incurred by that party
arising out of or in connection with the provision of any matter under
these Terms.
7.d) The Advertiser shall indemnify Fish-uk against any claim, cost, loss,
damage and/or expense that Fish-uk may incur as a direct or indirect
consequence of Fish-uk publishing the Advertisement in accordance with the
instructions of the Advertiser.
I shall provide the services covered by these Terms and Conditions with
reasonable care and skill. However, I may suspend the operation of
www.Fish-uk.com Website or any part of Fish-uk including any Listings,
Dedicated Web Pages, Links or Advertisements for repair or maintenance
work or in order to update or upgrade the contents or functionality from
time to time. Access to or use of any Listings, Dedicated Web Page, Links
or Advertisements or to any other part of www.Fish-uk.com Website will not
necessarily be uninterrupted or error free.
7.e) You acknowledge that www.Fish-uk.com Web site and Listings, Dedicated
Web Pages, Links and/or Advertisements are available throughout the world.
8. Copyright
8.a) The Advertiser grants to Fish-uk the right to link to the Advertiser
Site and the right to display, reproduce, distribute, transmit and
otherwise howsoever use the Advert and/or any content of the Advertisers
Dedicated Web Page or listing through the Fish-uk Network and in Fish-uk
marketing materials
Miscellaneous Provisions
This Contract shall be governed by the laws of England and any dispute
will be resolved exclusively in the courts of England.
Fish-uk shall be under no liability for any delay or failure to deliver an
Advertising Package or otherwise perform any obligation as specified in
these Terms if the same is wholly or partly caused whether directly or
indirectly by circumstances beyond its reasonable control.
If any portion of these Terms is held by any competent authority to be
invalid or unenforceable in whole or in part, the validity or
enforceability of the other sections of these Terms shall not be affected.
No delay or failure by Fish-uk to exercise any powers, rights or remedies
under these Terms will operate as a waiver of them nor will any single or
partial exercise of any such powers, rights or remedies preclude any other
or further exercise of them. Any waiver to be effective must be in writing
and signed by an authorised representative of Fish-uk.
These Terms including the documents or other sources referred to in these
terms and conditions supersede all prior representations undertakings and
agreements between the Advertiser and Fish-uk relating to the use of this
Site for Advertising and sets forth the entire agreement and understanding
between the Advertiser and Fish-uk.
Fish-uk may change these Terms and Conditions from time to time. By
browsing Fish-uk you are accepting that you are bound by the current
version of these Terms, the general Site Terms and Conditions and Privacy
Policy. I advise you to acquaint yourself with these Terms and Conditions
at each visit to this site.
Contact details:
By email to
webmaster@fish-uk.com
By Post :-
J.Boswell
Stow Cottage
20A Horsemarket
Caistor
Lincolnshire
LN7 6UP
By Telephone :- 07799361691
Copyright © 2007 www.Fish-uk.com
October 2007
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