Terms & Conditions
1. Interpretation
1.1 The definitions and rules of interpretation in this clause apply in these terms and conditions (Conditions).
Contract: the Advertiser’s order via www.whatshallwedothisweekend.com and the Website’s acceptance of it.
The Cost: the price for posting the Advert as set out in the Price List.
Advertiser: the person, firm or company who places an advert on the Website.
Advert: the advert as submitted to the Website by the Advertiser.
Price List: the list of the costs of advertising on the Website as shown on www.whatshallwedothisweekend.com
Initial Fee: the initial fee for advertising on the Website as shown on www.whatshallwedothisweekend.com
Subscription Fee: the monthly renewal fee for advertising on the Website as shown on www.whatshallwedothisweekend.com
Annual Fee: the total of the Initial Fee and eleven instalments of the Subscription Fee
Website: Hudson Hall Ltd T/A whatshallwedothisweekend.com
VAT: value added tax chargeable under English law for the time being and any similar additional tax.
1.2 Words in the singular shall include the plural and vice versa.
1.3 A reference to writing or written includes faxes but not e-mail.
1.4 Where the words include(s), including or in particular are used in these terms and conditions, they are deemed to have the words without limitation following them and where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.
1.5 Any obligation in this agreement on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.
2. Application of Conditions
2.1 These Conditions shall:
(a) apply to and be incorporated into the Contract; and
(b) prevail over any inconsistent terms or conditions contained, or referred to, in the Advertiser’s purchase order, confirmation of order, acceptance of a quotation or specification, or implied by law, trade custom, practice or course of dealing.
3. Advert and Payment
3.1 The Initial Fee for the Advert shall be payable immediately upon the Advertiser’s acceptance of these Conditions.
3.2 Upon payment the Advertiser shall submit the Advert to the Website for approval.
3.3 Upon approval the Advert shall be posted on www.whatshallwedothisweekend.com
3.4 The Subscription Fee shall be paid monthly by [direct debit?] until such a time as the Advert is cancelled by the Advertiser in accordance with clause 4.1.
3.5 Time for payment shall be of the essence of this agreement.
3.6 Prices quoted on www.whatshallwedothisweekend.com are valid at the time of posting and may be altered at the discretion of the Website
3.7 Failure on the part of the Advertiser to make payment of the Subscription Fee shall result in the removal of the Advert from www.whatshallwedothisweekend.com
4. Cancellations and Alterations
4.1 In the event that the Advertiser wishes to cancel or alter the Advert, they must notify the Website in writing no less than one month before the proposed cancellation or alteration as the case may be.
4.2 In the event of an alteration to the Advert in accordance with clause 4.1, the Website reserves the right to amend the Cost accordingly.
5. Content of the Advert
The Advertiser confirms:-
5.1 that it owns the copyright in all written material, design, text and graphics submitted to be included in the Advert or holds the necessary consents to use such written material, design, text and graphics
5.2 that no material submitted to be included in the Advert is in any way in breach of any legislation or the legal rights of any third party, knowingly inaccurate, threatening or offensive.5.3 Any breach of this clause 5 will render the Advertiser in breach liable to indemnify the Website against any damages, claims, costs or other liabilities that it may suffer or incur as a result (whether directly or indirectly) of such breach.
5.4 The Website reserves the right at all times to make any change to the contents of the Website and any subsidiary sites and to these terms and conditions and in the event of a breach of clauses 5.1 and 5.2 above to make any change to the contents of the Advert without further notice to the Advertiser
5.5 The Website shall not be held liable for loss theft or damage to any of the Advertiser’s Intellectual Property whilst the Advert is on the Website.
6. Liability
6.1 The Website shall not be liable for any loss of profit or indirect consequential or incidental injury or loss suffered by the Advertiser arising from any breach of contract
6.2 The Website’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall be limited to a sum equivalent to the Annual Fee.
7. Force majeure
The Website shall have no liability to the Advertiser under this agreement if it is prevented from or delayed in performing its obligations under this agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of The Website or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
8. Severance
If any provision of this agreement is declared by any judicial or other competent authority to be void voidable illegal or otherwise unenforceable or indications to that effect are received by either of the parties from any competent authority the parties shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or at the discretion of The Website it may be severed from this agreement
9. Whole agreement
Each party acknowledges that this agreement and the Conditions contain the whole agreement between the parties and that it has not relied upon any oral or written representation made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it.
10. Notices
All notices to be given under this agreement shall be in writing and shall either be delivered personally or sent by first class post or by facsimile transmission and shall be deemed duly served two clear business days after the date of dispatch or delivery
12. Proper law and jurisdiction
This agreement shall be governed by English law.
13. Arbitration
All disputes or differences which at any time arise between the parties whether during the Term or afterwards or arising out of the subject matter of this agreement shall be referred to a single arbitrator to be agreed upon by the parties or in default of agreement to be nominated by the President for the time being of the Chartered Institution of Arbitrators in accordance with the Arbitration Act 1996 or any statutory modification or re-enactment of it for the time being in force.