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STANDARD TERMS
AND CONDITIONS OF INFOSERVE LTD WITH CUSTOMERS
- The Service
- floristsomewhere.co.uk Listing Service and Product or Company Feature
including Web Design Service (the “Services”)
are owned and operated by Infoserve Ltd and appear on the
Site.
- Enhanced and Priority Listings allow you to appear above
the Basic listings given matching search criteria in a list
of search results in response to a search made by a user
of the Site.
- All information necessary to complete a floristsomewhere.co.uk Listing,
should be delivered within 14 days of request.
- By entering your details in the appropriate fields on
the Site and agreeing to make or making payment on the Site,
you accept these terms and conditions in respect of your
chosen Service.
- We reserve the right in our sole discretion to add, delete
or change some or all of the Services offered by floristsomewhere.co.uk,
including all or any aspect of the Site at any time without
notice to you.
- Payment
- floristsomewhere.co.uk accepts payment by cheque (payable to: Infoserve
Ltd), MasterCard, Visa, Delta or Switch, Bankers Order or
other monetary instrument specifically agreed by Infoserve
Ltd – although we reserve the right to decline payment
in any of these forms without notice to you. floristsomewhere.co.uk
reserves the right to vary its prices without notice to
you, and to withdraw any payment methods at any time.
- By signing the floristsomewhere.co.uk order form you are committed
to payment in full on production of the order and accept
these terms and conditions in respect of your chosen service.
- The Listings and Spotlight pages shall be eligible for
renewal precisely twelve months from the date of purchase.
The ‘date of purchase’ is the commencement date
on your first invoice. You will receive notification of
renewal two months prior to your renewal date. If you do
not wish to renew your product you must submit a written
notice at least thirty days before the renewal date.
- If you should at any time fail to make timely payment
in full, Infoserve Ltd is entitled to charge interest on
the amounts due with an interest rate of 3% per annum over
the Bank of England base rate.
- Payment is required in full on completion of all orders
Any leniency by Infoserve Ltd, with respect to this payment,
is entirely at its discretion.
Payment Methods
- InvoicePayment shall be made no later than fourteen
(14) days from the invoice date.
- Barclaycard EPDQAll charges for Services ordered via
telephone or online are payable in advance to Infoserve
Ltd via our online payment provider Barclaycard EPDQ.
Any leniency by Infoserve Ltd, with respect to the payment
period, is entirely at its discretion.
- BT click&buyIf you choose to pay via a BT click&buy
Account, payment will be collected by BT click&buy.
The BT click&buy call centre can be contacted for
all payment enquires: 08702 406195 (Monday-Friday 8am
to 6pm, Weekends/Bank Holidays 10am-4pm). You must be
over 18 years to register with BT click&buy.
- Exclusions and Limitations of Liability
- We use our reasonable skill and care in operating the
Site and in providing the Services. However, we make no
representation and exclude any warranty, express or implied,
as to the availability, quality, accuracy, timeliness, completeness,
performance or fitness of the Site or the Services. The
Site is provided on an "as is" and "as available"
basis and we do not warrant that you or any users will be
able to access the Site at all times or that it will be
absolutely secure, uninterrupted or free from infection
and viruses. We will not be responsible for your failure
to provide services as a result of your inclusion on the
Site, for errors that relate to the provision of your services,
or for technical problems that may hinder the efficacy of
the Site.
- Except in the event of death or personal injury caused
by our negligent acts or omissions, we shall not be liable
in any way for any damages arising in contract, tort or
otherwise in respect of loss or damage arising out of or
in connection with this contract or operation of, or your
use of the Site and/or the Services. In no event will we
be liable for any direct, indirect or consequential damages
in contract or tort, including loss of profit, loss or damage
to property or relating to claims made by third parties.
You should not take any step or act based on your ownership
of the domain name until you have received legal confirmation
from the relevant registry body that you are the registered
owner of that domain name.
- We give no assurances as to the online positioning and
prominence of the Site within an individual Internet portal
site or any such third party sites.
- floristsomewhere.co.uk does not guarantee that it will be able to
secure IP addresses, IP ranges or domain names on your behalf
and acceptance by floristsomewhere.co.uk of your order form shall not
give rise to any such warranty in respect of the details
appearing on the order form. floristsomewhere.co.uk is not notified
as to whether or not attempts to secure addresses, ranges
or domain names have been successful and it is your responsibility
to establish whether or not they have been so secured. No
warranty is given that once secured you will be permitted
to retain such addresses, ranges or domain names.
- If floristsomewhere.co.uk is unable to register the domain name you
want, floristsomewhere.co.uk will seek to secure an alternative name
of your choosing. If the alternative name cannot be secured,
floristsomewhere.co.uk will, upon receipt of your written request, repay
to you all charges payable by you as relate to registration
of the domain name. No repayment will be given in circumstances
where the domain name is floristsomewhere.co.uk control.
- If another customer offering similar services to you has
already registered an Enhanced or Priority Listing prior
to your registration, floristsomewhere.co.uk can guarantee only that
your entry will appear above the Basic Listings, which appear
free of charge on the Site.
- Indemnity
- You hereby agree to indemnify, defend and hold us harmless
for all liability, claims, damages and costs, including
reasonable legal fees, arising out of or in connection with
a breach of your obligations, representations and warranties
in respect of information provided by you in connection
with the Services as provided in this Agreement.
- Term and Termination
- The products are provided for an initial period of 12
months from the commencement date on your invoice. Upon
renewal this agreement will continue for an additional 12
months period. If you cancel any of the Services other than
at the end of a 12-month period, floristsomewhere.co.uk will not refund
any payments made in respect of the remainder of the period.
You may, by at least 30 days advance notice to floristsomewhere.co.uk
choose not to renew this agreement upon the 12 month renewal
date. You may otherwise only terminate this agreement in
accordance with clause 2.5.
- floristsomewhere.co.uk may terminate this agreement with you immediately
and at any time without notice but, if you demonstrate that
floristsomewhere.co.uk has terminated without any breach by you of your
obligations, floristsomewhere.co.uk will refund to you a sum representing
the part of the Services attributable to the un-expired
period to the next renewal date of your contract. In addition,
floristsomewhere.co.uk may, by at least 30 days notice to you in advance,
choose not to renew this agreement at an anniversary.
- Governing Law and Jurisdiction
- These terms shall be governed by and interpreted in
accordance with English law.
- The parties irrevocably agree that the courts of England
shall (subject to the paragraph below) have exclusive
jurisdiction to settle any dispute, which may arise out
of, under, or in connection with these terms and conditions.
- For our exclusive benefit, we shall retain the right
to bring proceedings as to the substance of the matter
in the courts of the country of your residence or, where
these terms are entered into in the course of your trade
or profession, the country of your principal place of
business.
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