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In applying to advertise on the Gite Holiday France website, you will be asked to confirm that you have read and that you agree to the following Agreement
AgreementThe Supplier wishes to provide the Client with an advertisement on the Gite Holiday France website and the parties wish to set out the terms and conditions relating to the provision of such advertising.IT IS AGREED AS FOLLOWS:
Definitions
1.1 "The Supplier" means Britsnet Ltd; 1.2 "The Client" means the person, persons or organisations advertising on The Website; 1.3 "The Website" means the pages developed by the Supplier that form the material visible on the domain name www.gite-holiday-france.co.uk on the graphic portion of the Internet known as the World Wide Web; 1.4 "Visitor" means a member of the public who visits the The Website; 1.5 "Advertisement" means descriptive copy, prices and photographs supplied to The Supplier by The Client, their representatives or agents and subsequently developed by The Supplier to form content published on The Website;
1.6 "Third Party Providers" means any company that provides the Supplier with services, products or data that are crucial to the operation of The Website either now or at any time during the term of this agreement, that the Supplier has a commercial relationship with. 1.7 "Commencement Date" means the date that the Advertisement
is published on The Website. 2. Interpretations In this Agreement, unless the context otherwise requires: 2.1 Words denoting the singular number shall include the plural and vice versa. 2.2 Words denoting any gender shall include all genders. 2.3 References to persons shall include firms corporations and other
associations or 2.4 Any reference to a statute or statutory provision shall be construed
as including a 2.5 Clause headings are for ease of reference only and shall not affect the construction or interpretation of this Agreement. 2.6 Any reference to Clauses, sub-Clauses and paragraphs is to Clauses,
sub-clauses and paragraphs of this Agreement. 3. ADVERTISEMENT 3.1 The Supplier reserves the right to refuse to publish an Advertisement on The Website without explanation. 3.2 During the term of the agreement The Client's Advertisement will appear on The Website and will be hosted and maintained on The Supplier's servers and will be under the control of the Supplier. 3.3 The Supplier will make the Advertisement available on The Website within 48 hours of The Client giving their written confirmation that content supplied by them is correct and has been correctly inputted into The Website. 3.4 The Client will provide The Supplier with The Advertisement Content
which shall contain no material that is defamatory or that contravenes
any law or regulation or applicable industry code of conduct. 4. FORCE MAJEURE 4.1 The Client shall have no right of action against The Supplier under this Agreement for failure to perform resulting from The Client's Advertisement becoming unavailable or inaccurate due to the action or inaction of any Third Party Supplier, or due to telecommunication or server failure, failure in part or in whole of the World Wide Web for whatever reason, or act of God. 5. TERM OF AGREEMENT 5.1 This Agreement shall subsist for a period of 12 months from the
Commencement 5.2 In the event of such notice being given by The Client, no monies will be refunded by The Supplier to The Client. 5.3 In the event of such notice being given by The Supplier, monies will
be refunded on a calculation based upon the number of calendar months
that The Advertisement will not appear on The Website as a result of the
termination of the agreement.
6.2 A waiver of a breach of any of the terms of this Agreement or of a default under this Agreement will not prevent a party from subsequently requiring compliance with the waived objection. The rights and remedies provided by this Agreement are cumulative and (subject as otherwise provided in this Agreement) are not exclusive of any rights or remedies provided by law. 7. COSTS 7.1 Set-up costs: There are no set-up costs, although The Supplier reserves the right to introduce them at a future date and without notice. 7.2 The costs of the advertisement as set out elsewhere on The Website are payable by the Client by Cheque in advance of the Commencement Date. 7.3 Any alterations or amendments outside the standard product as defined elsewhere on The Website are by negotiation. 8. ENTIRE AGREEMENT 8.1 This Agreement constitutes the entire Agreement and understanding of the parties and supersede any previous Agreement between the parties relating to the subject matter of this Agreement. 9. VARIATION 9.1 No variation of this Agreement by The Client shall be valid unless it is in writing and signed by and on behalf of each of the parties 9.2 The wording of this Agreement is subject to change from time to time. 9.3 Where change of the wording of this agreement affects The Client whose Advertisement has reached Commencement Date, The Client will be notified by e-mail of this change by The Supplier. 9.4 Where such change of the wording of this agreement affects a visitor to The Website, no liability can be accepted for any inconvenience, loss or expense that may occur because of such wording change. 10. NOTICES 10.1 Any notice given under this Agreement shall be in writing and shall be served by sending it by e-mail, fax, pre-paid recorded delivery or registered post. Any such notice shall be deemed to have been received: 10.2 In the case of e-mail 48 hours from the date of sending, where a
Delivery Failure notice from The Clients' ISP has not been received; 10.3 In the case of pre-paid recorded delivery or registered post 48 hours from the date of posting; 10.4 In the case of fax, at the time of receipt, evidenced by fax confirmation. 10.5 The addresses and fax numbers of the parties for the purposes of notice and variation are, for the Supplier, set out elsewhere on The Website and, for the Client, as set down on the Advertisement Application Form: Or such other address, e-mail address or facsimile number as may be notified in writing from time to time by the relevant party to the other party. 11. COUNTERPARTS 11.1 This Agreement may be executed in any number of counterparts each of which when executed and delivered shall be an original and all the counterparts together shall constitute one and the same instrument. 12. GOVERNING LAW AND JURISDICTION 12.1 This Agreement shall be governed by and construed in accordance with the Law of England and Wales 12.2 Each party irrevocably agrees to submit to the exclusive jurisdiction
of the Courts of England over any claim or matter arising under or in
connection with this Agreement.
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Use of this website is subject to
Terms & Conditions © Copyright Britsnet Ltd. 2004, 2005, 2006. All rights reserved. Designed, maintained and hosted by Britsnet Ltd. |
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