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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. You are advised to read these terms and conditions 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.

Lifetime means indefinite period of time. Any, 'lifetime' advert can / will be removed if the original details of the advert and or advertising changes. Example - ownership or location changes.
Notice of Cancellation means the notice from the Advertiser either in writing to webmaster@fish-uk.com 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.com for the insertion of a Listing, Dedicated Web Page, Link(s) and/or Advertisement(s) on Fish-uk.com 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 parties 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 emails 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.com'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

Copyright © 2007 www.Fish-uk.com

October 2007

 

 

 

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