General
1. In these Terms and Conditions:
"Publisher" means The Warehouse Portal Limited
t/a whichwarehouse.com
"Advertiser" means the person, firm or company
booking advertising
"Agreement" means the Agreement between the Publisher
and the Advertiser to supply the Service subject to these
Terms and Conditions
"Service" means the display of advertising, provision
of a hyperlink and/or hosting of an advertising page on
the Internet
2.
All advertisements are accepted subject to these Terms and
Conditions. No addition or variation shall be binding on
the Publisher unless it is in writing and signed by a duly
authorised representative of the Publisher. These terms
supersede all previous terms of the Publisher and prevail
over the Advertiser's business terms.
3.
The Contracts (Rights of Third Parties) Act 1999 shall not
apply to the Agreement.
Term
and Renewal
Annual Subscriptions
4. The Agreement shall be for an initial
term of 12 months. The Agreement will automatically be renewed
from the expiry of the initial period for further periods
of 12 months unless and until terminated by either party
giving not less than one month's written notice to the other
to that effect to expire on the initial expiry date or any
subsequent anniversary thereof.
5.
The charges shown in the Agreement are those currently in
effect and are subject to change by the Publisher provided
not less than 2 months' notice in writing is given to expire
on any anniversary of the Agreement when such price change
shall take effect.
Biannual
Subscriptions
6. The Agreement shall be for a term
of 6 months.
Copy
and Materials
7. The Publisher will endeavour to
display the advert on www.whichwarehouse.com within 5 working
days of receipt of the Advertiser's order.
8.
The Advertiser warrants that the advertisement does not
contravene any Act of Parliament nor is it in any other
way illegal or defamatory or an infringement of the intellectual
property or other rights of any third party or an infringement
of the British Code of Advertising Practice. The Advertiser
shall fully and effectively indemnify the Publisher in respect
of any claim arising out of any breach of this warranty.
9.
The Advertiser shall notify the publisher immediately in
writing of any change in circumstances which renders the
advertisement in respect of the Advertiser inaccurate or
misleading and if appropriate agree terms with the Publisher
for amending the same.
10.
The Publisher reserves the right in its absolute discretion
to omit or suspend an advertisement at any time without
assigning a reason and shall be under no liability to the
Advertiser for doing so.
Price
and Payment
11. Subscription fees are payable
in advance. All fees are stated exclusive of Value Added
Tax which will be charged at the applicable prevailing rate.
Invoices will be issued on the processing of orders and
payment is due immediately upon receipt. Where any account
remains outstanding 28 days from the date of the invoice
the Publisher reserves the right to:
(a) charge interest on all sums outstanding both before
and after judgement calculated at the rate of 4% per annum
above Lloyds TSB Bank Plc base rate from time to time accruing
from day to day from the due date to the date of payment
and/or (b) suspend performance of all or any of its obligations
under any current agreement with the Advertiser
Liability
and Claims
12. The Advertiser acknowledges that
the provision of the Service is made with equipment, communications
devices and/or leased lines not owned or operated solely
by the Publisher and accordingly the Publisher shall not
be liable for any failure in the Service, where such failure
is not within the Publisher's reasonable control. During
the continuance of such contingency the Advertiser agrees
to accept performance when possible.
13.
Except for death or personal injury due to negligence of
the Publisher or its employees the Publisher shall under
no circumstances be liable for any damage or loss resulting
from the provision of or failure to provide the Service.
In no event shall any breach of contract or tort (including
negligence) or failure of any kind on the part of the Publisher
or its employees give rise to any liability for loss of
revenue or any consequential loss or damage arising from
any cause whatsoever.
14.
If the Publisher is held liable for any reason to the Advertiser
or to any person in connection with the provision of the
Service the total liability that may result from any one
claim or a series of claims on whatever basis shall be limited
to the total fees paid by the Advertiser in the preceding
quarter.
15.
Except as expressly stated herein, all conditions warranties
representations and undertakings, express or implied, statutory
or otherwise are excluded.
Waiver
of Remedies
16. No forbearance, delay or indulgence
by either party in enforcing the provisions of these Terms
and Conditions shall prejudice or restrict the rights of
that party nor shall any waiver of rights operate as a waiver
of any subsequent breach.
Law
17. These Terms and Conditions and
the Agreement to which they relate shall in all respects
be construed in accordance with English Law and the parties
hereby submit to the exclusive jurisdiction of the English
Courts.
Notices
28. All notices pursuant to the Agreement
shall be in writing and shall be sent to the registered
office of the recipient in the case of a company and in
the case of an individual to the address set out in the
Agreement or such other address as the recipient may designate
by notice given in accordance with the provisions of this
clause. Any such notice shall be deemed to have been served,
if by hand, when delivered and if sent by first class post,
48 hours after posting.
The Warehouse Portal Ltd is registered in England. No: 4236830