UkCountyAds.com

TERMS AND CONDITIONS

1. DEFINITIONS

In these Conditions the following expressions shall have the following meanings:-

'the Company' - means UkCountyAds.com Limited

'the Agent' - means the person appointed by the company and acting on behalf of The Company

'Goods' - means the articles, adverts or things to be supplied by the Company to the Client via the agent under the terms of the contract;

'Services' - means the services to be provided by the Company to the Client via the agent under the terms of the Contract and Service shall be construed accordingly;

'the Client' - means the person firm or company with whom the Contract is made by the Agent whether directly or indirectly through an agent or factor who is acting for or instructed by, or whose actions are ratified by the company;

'Company’s Premises' - means the premises mentioned in the Contract or if not so mentioned means the Company’s premises at The Studio, 5 Legh Road, Adlington, Cheshire, SK10 4NE

'Contract' - means the contract between the Company and the Client under which the Services and/or Goods are to be supplied by the Company to the Client via the agent or persons acting for or instructed by, or whose actions are ratified by the company;.

'The Order Form' - means the contract between the Company and the Client under which the Services will be provided by way of the Signed Order Form.

'The Payment' - means the fee for the services which will be paid in advance, in full or in part, on order or on approval of any or all product sales, development or web site hosting by the client to the Company.

'Upload' - means the physical uploading of a Clients advert, electronic files, and or any other form of electronic media produced by the Company for the client to the territory web site of choice in accordance with the Company’s signed ‘Order Form’.

2. GENERAL

These Conditions shall be deemed to be incorporated in all Contracts and in the case of any inconsistency with any order or letter or form of contract sent by the agent on behalf of the Client to the Company or any other communication between the Client and Company via its agent whatever may be their respective dates the provisions of these Conditions shall prevail unless expressly varied in writing and signed by a director or authorized signatory on behalf of the Company. Any concession made or latitude allowed by the Company to the Client shall not affect the rights of the Company under the Contract. If in any particular case any of these Conditions shall be held to be invalid or shall not apply to the Contract the other Conditions shall continue in full force and effect.

3. OBLIGATION TO PROVIDE SERVICES AND/OR GOODS

3.1 Notwithstanding that the Company may have given a detailed quotation no request for the provision of Services and no order for the supply of Goods shall be binding on the Company unless and until it has been accepted in writing by the Company from the client by way of the signed Order Form.
3.2 The Company’s catalogues, brochures, leaflets, correspondence and or any other form of marketing literature and material are not binding and reasonable variations may be made to the Services and/or as the case may be the Goods without notice and the Services and/or the Goods so varied shall be accepted as complying with the Contract.

4. PRICES

4.1 The price payable for the Services shall unless otherwise stated in the Contract be the fee chargeable by the Company for such Service current at the date of the provision of the Services and, in the case of the provision of Services over a period of time, the price payable shall, at the option of the Company, be either:-
4.1.1 the fee current at the date of the provision of the Service in question unless otherwise expressly stated to be firm for a period; or
4.1.2 the fee current at the date of any invoice sent pursuant to Condition 7.4.
4.2 The price payable for Goods and services shall unless otherwise stated in the Contract be the list price of the Company current at the date of upload
4.3 All prices are exclusive of Value Added Tax and this will be charged at the appropriate rate.

5. ADDITIONAL COSTS

The Client agrees to indemnify the Company on demand against any loss or extra cost incurred by the Company through the Client’s instructions or lack of instruction through any act or default on the part of the Client its servants or employees. In the event of a Client requiring their domain name and web site to be transferred to a third party server, UkCountyAds will retain copyright on all electronic files created for the client in relation to this order and will agree to transfer all files as instructed at a cost of £500 plus VAT, payable by the client. All copyright to electronic files will become the sole property of the Client unless otherwise stated in writing by UkCountyAds.com Limited.

6. INTELLECTUAL PROPERTY

6.1 The Client and its Agent shall indemnify the Company against all costs claims and damages incurred or threatened arising out of any alleged infringements of patents, trademarks, registered designs, design right or copyright occasioned by the provision of the Services where such Services are provided to the specification or special requirements of the Client and/or by the manufacture or sale of Goods made to the specification or special requirements of the Client.

7. TERMS OF PAYMENT

7.1 Accepted terms of payment are by company or personal credit card, company cheque or personal cheque with banker’s card, banker’s draft, BACS. Under no circumstances shall the client pay to the agent of the company cash at any time as full or part payment in consideration of the Order or Contract
7.2 Unless otherwise agreed by the Company in writing payment for the Services shall be due in part or in full as follows:-
7.3 At the point of sale and subject to the Order Form being completed and signed by the client.
7.4 If the Services are provided over a period of time the Company shall be entitled to invoice the Client at regular intervals during the period of time that the Services are being provided and payment shall be due within 7 days of the date of each such invoice notwithstanding that subsequent Services are not provided or any other default on the part of the Company.
7.5 If upon the terms of the Contract monies due shall be payable by installments, a default by the Client of the payment of any due installment shall cause the whole of the balance of the sums due to become due forthwith.
7.6 The sums due to the Company under the Contract shall be due in full to the Company in accordance with the terms of the Contract and the Client shall not be entitled to exercise any set-off lien or any other similar right or claim.
7.7 The time of payment shall be of the essence of the Contract.
7.8 Without prejudice to any other rights it may have the Company is entitled to charge interest at 2% above the Current Base Rate of Bank Of Scotland plc on overdue payments such interest to run from the due date for payment until payment in full is received whether before or after judgement.
7.9 The company will pay to its agent on invoice no later than 30 days from date of invoice.

8. DELIVERY OF GOODS AND SERVICES

8.1 The period for delivery of Goods and Services shall be the period within which the Goods and Services are intended to be dispatched from the Company’s Premises either electronically or physically, and shall be calculated from the time of the receipt by the Company of the Client’s order or from the receipt of all necessary information to enable the Company to produce or procure the production of the Goods and Services whichever shall be the later and the Client shall take delivery of the Goods within that period.
8.2 All times or dates given for delivery of the Goods and Services are given in good faith but without any responsibility on the part of the Company. Time of delivery shall not be of the essence of the Contract nor shall the Company be under any liability for any delay beyond the Company’s control.
8.3 In the event of a valid claim for non-delivery loss damage or non-compliance with the Contract the Company undertakes at its option either to re-supply or replace the Goods at its expense but shall not be under any further or other liability to any person in connection with such non-delivery loss damage or non-compliance.

9. REJECTION OF GOODS AND SERVICES

Goods and Services supplied in accordance with the Contract cannot be rejected without the written confirmation of the Client to the Company or its agent within 7 days of delivery. Upload of goods and any electronic data to the client’s URL or nominated place of upload will render the contract fulfilled by the Company and no rejection from the Client will be accepted by the Company.

10. CONDITIONS AND WARRANTIES RELATING TO SERVICES

10.1 Any conditions or warranties (whether express or implied by statute common law or arising from conduct or a previous course of dealing or trade custom or usage) as to the quality of the Services and goods are hereby expressly negatived.

11. DEFECTIVE GOODS AND SERVICES

11.1 In substitution for all rights which the Client would or might have but for these Conditions the Company undertakes in the case of Goods and Services supplied by the Company that if within the period of 7 days from the date of Upload of the Goods and Services by the Company a serious defect in function appears The company will at its own discretion replace the Goods and Services free of charge. No refunds will be given by the Company or its associates contracted to provide third party services to the Client.
11.2 Nothing herein shall impose any liability upon the Company in respect of any verbal, written claim, offers or mis-information supplied by the Client arising out of the acts omissions negligence or default of the Client its servants or agents including in particular but without prejudice to the generality of the foregoing any failure by the Client to comply with any recommendations of the Company as to supply of information.

13. CONSEQUENTIAL LOSS

The Company shall not be liable for any costs claims or damages or expenses arising out of any tortuous act or omission or any breach of contract or statutory duty calculated by reference to profits income production or accruals or loss of such profits income production or accruals or by reference to accrual of such costs claims damages or expenses on a time basis. All Goods and Services must be approved by the client by either hard copy or electronic files, signed and returned to the Company.

14. LIMITATION OF LIABILITY

14.1 Where the Contract relates to the provision of Goods and Services the liability of the Company to the Client for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price payable for the Goods and Services.
14.2 Nothing herein shall impose any liability upon the Company in respect of any verbal, written claim, offers or mis-information supplied by its agent arising out of the acts omissions negligence or default of the agent.
14.3 The Company shall not be liable for imperfect work caused by any inaccuracies on any drawing, logos or images supplied by the Client.

15. REPRESENTATIONS

15.1 Where any provision of the Contract is inconsistent with any of these Conditions, the provision in the Contract shall be paramount.

16. FORCE MAJEURE

The Company shall be entitled to delay or cancel or if it is prevented from or hindered in or delayed in the provision of Goods and Services or as the case may be the supply of Goods and Services through any circumstances beyond its reasonable control including but not limited to internet failure strikes lock-outs accidents or warfare.

17. CANCELLATION

17.1 Save as provided in Condition 16 hereof the Contract may not be cancelled except by agreement in writing of both parties and upon the payment to the Company by the Client by way of agreed damages of an amount equal to the aggregate of:-
17.1.1 all expenses incurred and loss suffered by the Company in relation to the provision of the Goods and Services and/or as the case may be the supply of Goods and Services; and
17.1.2 all sums due from the Client to the Company under the Contract.

18. SUB-CONTRACTING

The Company may assign or sub-contract the whole or any part of the Contract to any person firm or third company in the fulfillment of the contract.

19 . HEADINGS

The headings in these Conditions are intended for reference only and shall not affect their construction.

20. PROPER LAW

The Contract shall in all respects be governed by English Law and shall be deemed to have been made in England and the Client and the Company agree to submit to the non-exclusive jurisdiction of the English Courts.

21. COPYRIGHT

21.1 The Company reserves the right to retain copyright at all times on all goods, files, logos, design and electronic data produced by the Company for the Client or its associates whether presented as hard copy or electronic data and or uploaded to the Clients URL or nominated URL. The Client is prohibited from using any such data without the express written permission of the Company. Copyright ownership of all goods, files, logos, design and electronic data will only be transferred to the Client by the Company upon completion of a financial consideration by the Client to the Company at a rate calculated by the Company at the time of a copyright transfer being requested by the Client.
21.2 Any transfer of copyright from the Company to the Client must be in writing and must be signed by the Company.

Member of the UkCountyAds.com Group of Companies providing Local Ads for Local People. Group of companies include BedfordshireAds.com, CheshireAds.com, CumbriaAds.com, LancashireAds.com, ManchesterAds.com, MiltonKeynesAds.com and NorthamptonAds.com.

UkCountyAds is unique as it allows YOU - the BUSINESS or PRIVATE user - to place your ads with up to 3 photos and 150 WORDS in over 150 specific categories. If you have a business take a BANNER ADVERT.. ALL adverts placed are offered a FREE link to your chosen Web Site!