Online Terms and Conditions
Important: Please read these Standard Conditions carefully before you sign the Order. Pay particular attention to those conditions highlighted, which limit our liability or affect your obligations to us.
1. Definitions
2. Variations to the Conditions
3. Commencement and Duration
4. Our rights and responsibilities
5. Your rights and responsibilities
6. Cancellation
7. Our liability
8. Colour Advertisements
9. Copyright
10. Agreement
11. Data Protection
1. Definitions [top]
Advertisement - the advertisement in the Order including any Online Advertisement and/or any Website Directory Advertisement.
Advertiser Website - the website which you wish to be incorporated in the Online WebSearch
Agreement - the binding agreement between you and us comprising the Order and these Standard Conditions and any variations or special
Terms agreed in accordance with Condition 2. Copy - the detail and layout of the Advertisement which you specify.
Directory - Online directory and/or our Online WebSearch as specified on the Order.
Online Advertisement - the advertisement specified in the Order to in incorporated into our Online Directory.
Online Directory - a classified database of business listings available online which can be searched by name or subject and location.
Online WebSearch service on which internet users san search for the website address of a desired subject using keywords.
Order - the form which shows details of the Advertisement.
We - Local Dot Com
WebSearch listing - the search listing to be included in the Online WebSearch.
You - the person, firm or company named on the Order who wants the Advertisement to appear in the Directory.
2. Variations to the Conditions [top]
Any variations to this Agreement and any special terms will only be effective if set out in a printed form issued by us or agreed by a director of Local Dot Com. Only such a director is authorised by us to make any representation about the Agreement or any matter relating to it.
3. Commencement and Duration [top]
A. The agreement shall not come into existence until we have sent you a written acceptance of your Order and it shall continue for the duration of the Advertisement.
Our acceptance will be conditional on your meeting relevant credit criteria.
B. The duration of an Online Advertisement and of WebSearch Listings will be 12 months.
4. Our rights and responsibilities [top]
A. We will incorporate your Online Advertisement into our Online Directory and your WebSearch Listing into our Online WebSearch as appropriate and arrange for our Online Directory and our Online WebSearch to be made available. You acknowledge and accept that Computer and telecommunications systems may sometimes require periods of downtime for repair maintenance and upgrading and therefore, we cannot guarantee uninterrupted availability. However we will try to keep any periods of downtime to a minimum The Online WebSearch is provided with reasonable skill and care, but is otherwise provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind either express or implied.
B. We can decide not to publish the Directory, in this situation you will be entitled to a full refund of any money you have paid for any Advertisement which would have appeared in the Directory, but you will not be entitled to any other compensation or damages.
C. We do not have to publish or display the whole or any part of the Advertisement if we consider that the Copy does not meet the standards of the Advertising Standards Authority or is unacceptable for publication for some other reason including that it may infringe the legal rights of others or subject to claims, prosecution, criticism or cause us embarrassment. In respect of the WebSearch Listing, we reserve the right to edit, refuse or remove any listing or search term or keyword at any time in our absolute discretion.
D. We will be entitled to prevent the display of your Online Advertisement of your WebSearch Listing, if you fail to make any payment in respect of them or in respect of any Advertisement which is purchased with the Online Advertisement or the WebSearch Listings (as the case may be) as part of an advertising package.
E. We accept the Copy from you on the understanding that you have unconditionally approved the Copy for publication.
5. Your rights and responsibilities [top]
A. the Copy you provide must be accurate, approved, legal decent, honest and truthful and it must meet the standards of the Advertising Standards Authority. Your must own or have authority to use any trade name, trade mark, British Stand Mark or other quality assurance mark, logo or other material that is used in the Copy or contained in the Advertiser Website.
You must own the copyright in the Copy (except in the circumstances provided for in
Condition 9) and the Copy must not infringe the copyright any third part has in the Copy.
The copy and the Advertiser Website must not infringe the rights or pass off the goodwill of any third party.
You must be authorised to use any logo or name of any trade association you use in the Copy or the Advertiser Website and you must be a paid up member of the trade association. In respect of the WebSearch Listing, you grant us all such rights in any content incorporated in the Online WebSearch as shall be necessary for us to provide the Online Web search to users including the right to display such content on our website or any our of licensee's websites and a right to link our website or any licensee's websites to the Advertiser Website.
You agree not to transmit at, or by any link from, the Advertiser Website any unlawful,
Defamatory, abusive, pornographic, vulgar, harmful, racist or otherwise offensive material of any kind.
B. If you want to change part of the copy you must send written details of the change to the customer Services at our head office.
C. You must notify us if the Advertiser Website results in error pages or dead links at any
Time. We reserve the right to suspend, without liability, the incorporation of such Advertiser Website from the Online WebSearch.
D. Payment due with Order
E. After signing the Order, you must pay us the total amount owed to the payment method chosen and which is set out in the Order. The amount in not refunded if you then cancel the Order under Conditions 6B or if we cancel the Order under Condition 5G.
The amount may be the initial credit card payment we take from you, or if the instalment payment method is used may be the first direct debit payment.
F. You must pay the amount we invoice you for, using the payment method specified in the Order. If you do not make any payment or instalment during under this Agreement or any other contract between us, we can keep all sums you have already paid and you will immediately have to pay us all outstanding amounts. We may also (without prejudice to our other rights) immediately terminate this Agreement or any other Order from you. Interest at a rate of 1.5% per month will be applied to any amount you have not paid after 30 days from the due date of payment (unless the law prevents us from charging interest). We can charge you any reasonable administration and legal costs for recorving the amounts you owe. If you owe us any sum of money, we may deduct that amount from any sum which we may owe you at any time under this Agreement or any other agreement we have with you.
G. You shall indemnify us, our employees and agents against all proceedings, claims demands, expenses, losses and/or damages arising from any breach of this Agreement by your or from processing or publishing any information or material you gave us or from incorporating the Advertiser Website in the Online WebFinder including any claims arising as a result of defamation, illegality, false description or breach of any third part rights.
H. The Order must be placed in the ordinary course of your business and the Advertisement and the WebSearch Listing must be for your own business. You must not sell the advertising space to any other party.
6. Cancellation
A. In addition to any statutory rights you may have to cancel your Order, you may cancel part or all of your Order by giving notice in writing to the Customer Call Centre at our head office. We must receive this notice by the Directory Close Date or within 14 days of the date of the Order, whichever is earlier.
B. If we receive written notice to cancel an order more than 14 days after the date of the Order we will only act on this notice if you pay a cancellation fee which will be equal to 10% of the charge for the Advertisement plus VAT or the deposit paid, whichever is higher.
However in relation to a WebSearch Listing the total amount charged will remain payable upon such cancellation. Condition 6B will not apply if you cancel this Order pursuant to any statutory rights you have.
C. If cancelling part of the Order means that you no longer qualify for a discount for multiple advertising then we can adjust the rate on the remaining advertising to reflect the price appropriate for the reduced level of advertising.
7. Our liability [top]
A. If there is an error in or omission from the published Advertisement or the Advertisement is not published in the Directory, you will be entitled to a refund of part or all of the sum you paid for the Advertisement and it will be a fair and reasonable amount considering the nature of the error.
B.You will not be entitled to a refund for any mistake that was apparent from any proof we sent you unless you corrected the proof and told us about the mistake in writing before the Directory Close Date.
C. If you become entitled to a refund under Conditions 7A, instead of taking the refund, you could insist hat we provide the correct Advertisement free of charge in the next edition of the Directory.
D. If the WebSearch Listing is not incorporated into the Online WebSearch, other than as a result of a breach by you of this Agreement you will be entitled to a refund of all or part of the sum you paid for the WebSearch Listing and it will be a fair and reasonable amount taking into account all the circumstances.
E. Our only liability (if any) under this Agreement will be to provide a refund under Condition 7A or 7D or to publish the correct Advertisement under Condition 7C. We will not be liable for any direct or indirect or consequential loss or damage including loss of business, revenues or profits or financial loss of any kind arising from any mistake in or material missing from the published Advertisement, from not printing the Advertisement , from not displaying the WebSearch Listing or from the use or inability to use Online WebSearch, even if resulting from our negligence.
F. We do not exclude or restrict liability for death or personal injury arising from our negligence.
8. Colour Advertisements [top]
The colour(s) in your Advertisement may not match the colour(s) in any proof provided of your Advertisement. This does not constitute an error and you will not be entitled to any refund or other remedy in respect of any such difference in colour (s).
9. Copyright [top]
We, have copyright in all artwork, copy and other material which we our agents or employees have contributed to. You do not gain any intellectual property rights in hat artwork, copy or other material and you will not be entitled to use it in any other form or in any other media.
10. Agreement [top]
This Agreement sets out the entire agreement and understanding between you
And us it replaces all previous agreements, arrangements and understanding between us. You are not entering into the Agreement or any part of the arrangements by replying upon the statements or warranties that are not set
Out in the Agreement. This agreement shall be construed in accordance with and governed by the Laws of England and the parties hereto submit to the non-exclusive jurisdiction of the English Courts
11. Data Protection [top]
By accepting these terms and conditions you accept that you may receive marketing E Mails or telephone calls from Localdot.co.uk Ltd or one of our associate companies. We will not pass your details to other companies. Should you not wish to receive E Mail or Telephone marketing calls then please E Mail post@localdot.co.uk with the subject remove in the Subject Title.