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TERMS AND CONDITIONS
1. Introduction
These are the “Terms and Conditions” under which you may use this Web site.
Please read this page carefully. If you do not accept the Terms and Conditions
stated here, do not use this Web site and service. By using this Web site, you
are indicating your acceptance to be bound by the terms of these Terms and
Conditions. Goddard Construction Services Limited (the “Company”) may revise
these Terms and Conditions at any time by updating this posting. You should
visit this page periodically to review the Terms and Conditions, because they
are binding on you. The terms “You” and “User” as used herein refer to all
individuals and/or entities accessing this Web site for any reason.
2. Definitions
In these Conditions the following words and phrases shall have the following
meanings unless the context requires otherwise:-
2.1 Advertisement
any advertising material supplied by a Client for transmission via the Internet
from the Site.
2.2 Client
the person(s), firm or company to whom the services are provided by the
Company.
2.3 Commencement Date
means the date on which the Company places an advertisement on the Site.
2.4 Conditions
means these standard Terms and Conditions.
2.5 Contract
a contract for the purchase and supply of the services between the Company and
the Client.
2.6 Fees
means the fees and charges payable by the Client.
2.7 Internet
the global computer network comprising interconnected networks using a standard
set of rules that regulate the manner in which data is transmitted between
computers.
2.8 Site
means the site at www.findaconstructionteam.com, or any other Web site operated
and maintained by the Company which the Company may designate for the purpose.
2.9 Web site
a site at which text, graphics, data, files and information are stored
electronically and access to which is made available to third parties via the
Internet.
3. General
3.1
These Conditions together with the Registration Form govern the provision of
the services by the Company and the obligations of the Company and the Client
during the period that the services are supplied to the Client.
3.2
These Conditions shall take immediate effect in substitution for all previous
terms and conditions relating to the services whether written, oral or implied
between the Company and the Client.
3.3
Any Advertisements placed on the service may be cancelled and removed by the
Client but will be charged for the full duration.
3.4
The Company has the right at its sole discretion to decline to publish or to
omit or suspend any Advertisement submitted by the Client.
3.5
The Company may refuse or require to be amended any artwork, materials or copy
for or relating to an Advertisement in order to comply with the legal or moral
obligations placed upon it or the Client or to avoid infringing a third party’s
rights or any statutory or regulatory requirements.
3.6
The Client hereby undertakes and warrants to the Company that:-
3.6.1
the reproduction and/or publication of the Advertisement by the Company as
originally submitted or as amended will not breach any contract or infringe or
violate any copyright, trade mark, or any other personal or proprietary right
of any person or render the Company liable to any proceedings whatsoever;
3.6.2
any information supplied by the Client in connection with the provision of the
services is accurate, complete and true;
3.6.3
in respect of any Advertisement which contains the name or pictorial
representation (photographic or otherwise) of any living person and/or any part
of any living person and/or any copy by which any living person is or can be
identified the Client has obtained the authority of such living person to make
use of such name, representation and/or copy;
3.6.4
the Advertisement complies with the requirements of all relevant legislation
(including subordinate legislation, the rules of statutory regulatory
authorities and the law of the European Union) for the time being in force or
applicable thereto in such jurisdiction as the Advertisement shall be made
available;
3.6.5
the Advertisement is legal, decent, honest and truthful and complies with UK
law and international codes and all other such relevant codes relating to
advertising as may be appropriate;
3.6.6
the Advertisement does not contain any data, image or other material which:-
a) is offensive, obscene or indecent, or capable of being resolved into obscene
or indecent images or material;
b) is defamatory, threatening or racially, ethnically or otherwise
objectionable;
c) is designed or likely to cause annoyance, inconvenience, unwanted attention
or needless anxiety to any other person;
d) infringes the copyright of another person;
e) is designed or likely to cause disruption to any computer system or to any
network;
f) is illegal or designed or likely to induce an illegal act; and
where the Client is an advertising agency it warrants that it is authorised by
the End Client to place the Advertisement with the Company and the Client will
indemnify the Company against any claim made by such person against the Company
arising from the publication thereof.
4. Liability
4.1
The Company will not be liable for any loss of copy, artwork, photographs, data
or other materials which the Client supplies to it and the Client shall be
responsible for retaining in its possession sufficient quality and quantity of
such materials for whatsoever purposes it may require.
4.2
The Company accepts no responsibility for any mistakes or errors whatsoever
that arise during the course of publication of any Advertisement and shall not
be liable for any loss of information or data or any damage thereto or by
reason of any representation or terms whatsoever for any loss of profit by any
indirect, special or consequential loss (whether caused by the negligence of
the Company, its employees or agents).
4.3
Nothing in these Conditions shall render the Company liable for any loss or
liability (including without limitation as a result of any server crashes or
being out of service, deletion, corruption, loss or removal of data) arising
out of the occurrence of any matter outside its reasonable control. Time shall
not be of the essence in respect of the Company’s obligations hereunder.
4.4
No liability will be accepted by the Company for any delay costs expense loss,
damage or other loss (including without limitation loss of profits or any loss
resulting from any software disk or virus) howsoever caused arising from any
matter beyond the reasonable control of the Company, the failure of the Company
to provide the services or out of any inaccurate, ambiguous or misinterpreted
information or representation.
4.5
All sums due in respect of the Fees are inclusive of Value Added Tax. All sums
due from the Client which are not paid on the due date shall bear interest at
the annual rate of 4% over the prevailing base rate of Barclays Bank plc, such
interest shall accrue from the due date until payment is made in full.
5. Cancellation
The Company reserves the right at any time to remove the Advertisement from the
Site in the event that the Company considers the Advertisement breaches any
applicable laws or the rights of any third party or is prejudicial to the
interests of the Company.
6. Indemnity
The Client hereby undertakes to the Company that the Client will, without
prejudice to any other right of action which the Company may have, at all times
keep the Company fully and effectively indemnified against any liability (which
liability shall include, without limitation, all losses, costs, claims,
expenses, demands, actions, damages, legal and other professional fees and
expenses on a full indemnity basis) which the Company may suffer or incur as a
result of any Advertisement or by reason of any breach or non-fulfilment of any
of the Client’s obligations in respect of these Conditions.
7. Law
These Conditions are governed by English law and the Client hereby submits to
the exclusive jurisdiction of the English Courts.
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