Eric Ormerod trading as Ormerod & Associates - Force Travel Club (hereinafter “The Firm”)
I/we request Force Travel Club to display the advertisement upon their website (www.forcetravelclub.co.uk) for the initial period of 12/24 months from the advert going live and I/we agree to make payments set out in this agreement.
I/we agree that only the representations that I/we rely on in entering this agreement are contained herein. I/we confirm that I/we are duly
authorized to enter this agreement that I/we understand that it is binding upon signature and incorporates the following terms and
conditions.
I/we agree to upload our own information on to the Force Travel Club web site on receipt of our user name and password. The Firm can provide the advertiser with a proof.
My confirmation E-Mail evidences my agreement on the terms herein. This agreement cannot be cancelled fourteen days after booking.
TERMS AND CONDITIONS:
1. The contract is enforceable in law and cannot be cancelled by the Advertiser fourteen days after booking. In the event of the contract being cancelled by The Firm then a refund of any monies paid shall be made to the Advertiser on completion of The Firm’s order cancellation form.
2. The Advertiser AGREES unless it is agreed to the contrary herein by The Firm’s agent or employee to supply text and pictures on receipt of The Firm’s Welcome Pack; otherwise The Firm reserves the right to produce an advertisement in the manner and form it considers suitable using where appropriate text and pictures from other websites used by the Advertiser.
3. No Advertiser shall enjoy preferential position on The Firm’s (Force Travel Club) Website. All adverts are in alphabetical order.
4. The Firm RESERVES the right to withhold, withdraw or refuse any advertisements before going live on The Firm’s (Force Travel Club)
website.
5. The Firm RESERVES the right to change the shape, size, title and locale of the advertisement or the media used to display it.
6. The design, coding and content shall not be copied, re-used, licensed or sold by the Advertiser without the express written consent of The Firm (Force Travel Club).
7. Passwords and usernames for the Advertiser’s Customer Management System (hereinafter “CMS”) will be sent by e-mail. The Firm and/or Force Travel Club shall not divulge the username or password to anyone except those who have a role in maintaining the Advertiser’s listing. The Advertiser UNDERTAKES to ensure that the username and password are kept securely. The Firm (Force Travel Club) shall use
reasonable methods in order to prevent unauthorized access to the Advertiser’s CMS or data.
8. The Advertiser shall be responsible for all content updated through the CMS and AGREES not to include any material that may be
considered to be of an offensive nature. Furthermore, the Advertiser INDEMNIFIES The Firm (Force Travel Club) against any claims
howsoever arising in respect of content on the Advertiser’s listing where such content is under the control of the Advertiser. This includes, but is not restricted to, third party copyrighted material and this clause shall remain in effect following the termination of this Agreement.
9. It is AGREED AND DECLARED that this Agreement contains all terms and conditions between the parties hereto and The Firm (Force Travel Club) have made no warranty (oral or otherwise) except as expressly stated herein and it is FURTHER AGREED AND DECLARED that no monopoly rights shall be enjoyed by the Advertiser unless endorsed on the agreement and initialled by The Firm and/or their agent/employee.
10. Where the business of the Advertiser is taken over by a new proprietor (or where his business ceases or the nature of the business changes) the Advertiser shall nevertheless remain fully liable under this Agreement unless the new proprietor notifies The Firm by recorded delivery of his intention to accept as his responsibility the terms already agreed with The Firm by the Advertiser. Should, however, the new Proprietor default in the performance of the Agreement the Advertiser will remain liable for any loss sustained by The Firm.
11. All invoices to addresses in the United Kingdom are subject to Value Added Tax (which will be charged at the current government rate). Invoices addressed outside the UK are subject to proof of residency and avoidance of VAT.
12. Each party ACKNOWLEDGES AND AGREES to act in accordance with its responsibilities under the prevailing UK and European Data Protection Laws.
13. The Firm (Force Travel Club) shall not be liable for any economic, indirect consequential loss or damages including, but not limited to, loss of profits, business, revenue, goodwill or contracts nor the loss of the use of any equipment or services or loss of operational time or availability.
14. The Firm (Force Travel Club) shall not be liable for any loss of including damage to or corruption of Advertiser’s or third party data howsoever caused except where such loss can be proved to be caused by the negligence of The Firm’s (Force Travel Club) employees, agents or
sub-contractors and provision of this clause shall remain in effect following the termination of this Agreement.
15. The Firm (Force Travel Club) shall use reasonable endeavours to ensure that the Advertiser’s listing is available at all times excluding periods of scheduled maintenance or downtime. The Firm (Force Travel Club) will not be responsible for downtime where such downtime is the result of acts or omissions of third parties, telecommunications failures or force majeure. (see clause 17).
16. No notice to The Firm (Force Travel Club) or the Advertiser shall be binding, valid or effective unless sent by recorded delivery post to the office of The Firm (Force Travel Club) or the address of the Advertiser as set out overleaf (as the case may be).
17. Force Majeure : such act of God, War or the Queen’s enemies or Act of Parliament or other Government action, strike action, postal delay, extreme weather conditions, force majeure, disaster conditions or any other reasons beyond control of The Firm (Force Travel Club) occur, The Firm (Force Travel Club) shall be excused from carrying out the conditions of this Agreement until a normal situation has returned.
18. This Agreement shall in all respects be construed as an English Contract subject to English Law.
19. This Agreement shall commence on the date hereof and should continue for an initial twelve or twenty-four months (depending upon what is agreed between The Firm (Force Travel Club) and the Advertiser) and shall continue thereafter unless terminated by either party giving three months’ notice of termination in writing to the other party at the address stated herein (or the current address of The Firm (Force Travel Club) or the Advertiser. During the notice period the normal charges will apply and no refunds will be given.
