Terms and Conditions of Advertising with The Evening Inn Company

Advert - the advertisement placed by the advertiser under this Agreement

Advertiser - the person, firm or company with whom the Supplier

Agreement - these terms and conditions

Charges - the fees agreed between the parties

Site - the website on which Advert(s) will be displayed, bearing the domain name theeveninginn.com

Services - any services provided under the Agreement

1. The Supplier agrees to provide the Services to the Advertiser and the Advertiser agrees to pay the Charges In accordance with the terms of this Agreement.

2. An Agreement shall only be formed on acceptance by the Supplier of the Advertiser’s order.

3. These terms and conditions shall apply to the exclusion of all other terms and conditions including any terms and conditions which the Advertiser may purport to apply under any order or other document. In the cast of any conflict or ambiguity between terms this document shall prevail.

4. The Supplier may employ sub-contractors to carry out any part of its obligations under the Agreement at its sole discretion and it may assign its rights and obligations under this Agreement to any other party. The Advertiser may not assign its rights and obligations under this Agreement without the written consent of the Supplier. The Supplier acts as principal in this Agreement.

5. Any variation of these terms and conditions shall be inapplicable unless agreed in writing by a duly authourised officer of the Supplier.

7. The Supplier will display the Advert on the Site in its standard format applicable to the size of the Advert chosen, using artwork supplied by the Advertiser.

8. The Supplier willuse its best endeavours to commence displaying the Advert immediately it is uploaded by the Advertiser.

9. The Supplier will use its best endeavours to ensure that the Site is accessible and the Advert on display on the Site at all times for the duration of this Agreement. However, the Supplier is responsible for arranging management and hosting of the Site, and parties recognise that the Supplier does not have control of these matters.

10. The Supplier makes no warranty as to the usage of the Site, which the parties recognise is beyond the control of the Supplier.

11. In the event of Site being inaccessible for a continuous period of more than 7 days or permanent closure of the Site, in either case for technical or other reasons, the Supplier reserves the right at its discretion to:

- transfer the Advert to an alternative suitable site, such suitability to be determined by the Supplier alone acting at its discretion: or

12. The Advertiser will provide the Supplier with such text, artwork, information, logos, copies, drawings and designs, banner adverts in such formats and at such time or times as the Supplier may reasonable need to product the Advert and to perform the Services in accordance with this Agreement. The Advertiser is responsible for ensuring that such material and answers are accurate and complete.

13. The Supplier reserves the right to edit, ammend or refuse to accept propsed advertisements which it considers to be offensive, unlawful or inappropriate, or which appear to infringe the intellectual property rights of any third party.

14. If the Advertiser fails to product such artwork and other material in accordance with clause 4.1, or supplies only material which the Supplier considers to be offensive, unlawful or inappropriate or which appear to infringe the intellectual property rights of any third party, the Supplier reserves the right to produce a basic Advert to its own design to promote the Advertiser’s business, without seeking the Advertiser’s approval, for the remaining term of this Agreement or until suitable artwork and other material is supplied, whichever is sooner.

15. The Advertiser will obtain all necessary licences or consents that may be needed in connection with the content or display of the Advert and the use of the artwork and other material supplied by it and it shall indemnify the Supplier in full against any costs, claims, demands or expenses which the Supplier may incur as a result of breach by the Advertiser of this clause.

16. The Supplier will notify the Advertiser when the Advert first appears on the Site by email.

17. The Advertiser is free to make any changes at any time to their Advert, within the confines of this Agreement.

Payment Provisions

18. The Charges will be paid in advance on the date of this Agreement. This Charge will include a set up fee of £25.00 plus £75.00 fee + VAT. This Charge will be paid via WorldPay online using a Credit or Debit Card.

19. The Supplier reserves the right by giving not less than 28 days notice to the Advertiser to increase the Charges on any anniversary of this Agreement.

20. The Charges do not include VAT or any similar sales tax, impost or custom duties, which will be paid additionally by the Advertiser at the then prevailing rate.

21. No act or omission of the Advertiser which prevents the Supplier from continuing to perform the Agreement or to perform it according to any agreed time-scale shall prevent the Advertiser from raising invoices in accordance with this Agreement.

Intellectual Property

22. Any intellectual property rights in the Advert, save for that attaching to any logos, designs, names and other material originally supplied by the Advertiser, shall remain the property of the Supplier. No right or licence is granted by this Agreement.

23. To the extent that the Advertiser supplies the Supplier any original copyright or other protected material, the Advertiser grants a licence to the Supplier to publish, reproduce, adapt, and otherwise use without limitation any such material for the purposes of its performance of this Agreement but not otherwise.

24. At termination any unused advertising or other material prepared by the Supplier, whether the subject of copyright or not, shall remain the Supplier’s property and shall not be used by the Advertiser subsequently without the written consent of the Supplier.

Warranties and Indemnities

25. The Advertiser warrants that it has not relied on any representations made by or on behalf of the Supplier save as contained in the Agreement.

26. The Advertiser warrants that any copy, logo, specification, design, instruction or other material supplied by it to the Supplier, and any proof approved by the Advertiser, will not infringe intellectual property or other rights of any third party, nor will it be defamatory or otherwise unlawful, nor infringe the Trade Descriptions Acts, and the Advertiser will indemnify the Supplier in respect of any claim relating to such infringement.

27. The Advertiser warrants that all the facts, claims and offers it advertises on the Site are accurate and in no way misleading and that the terms of any offers contained therein will be honoured.

28. This Agreement is between the Advertiser and the Supplier.

Limitation of Liability

29. The Supplier shall not be responsible for any errors in the Advert or any unsatisfactory Services which are not notified in writing to it in accordance with clause 16, nor for any errors which are approved by or are the fault of the Advertiser or any third party.

30. The terms of this Agreement represent the whole Agreement between the parties and all other warranties, conditions, terms, undertakings or representations of any kind, whether express or implied, statutory or otherwise including (without limitation) as to the conditon, quality, performance or fitness for purpose of any goods or the standard of care used in the provision of services are hereby expressly excluded from the Agreement save as prohibited by law.

31. The Supplier shall not be liable under contract, tort (including negligence) or otherwise for any loss of production, loss or corruption of data, loss of profits or of contracts, loss of operation time, loss of goodwill and loss of anticipated savings, nor for any indirect or consequential loss, damage, cost or expense of any kind whatever and however caused.

32. Save where its liability cannot be limited by law, the Supplier’s total liability (whether in contract, tort including negligence or otherwise) under or in connection with this Agreement or based on any claim for indemnity or contribution shall not exceed two times the Charges then payable for a 12 month period in aggregate

33. The Supplier shall not be liable for any change to the content of the Advert if the varation does not materially affect the characteristics of the Advert, and the substituted materials and content (if any) are of comparable quality to the originals.

34. The parties recognise that the nature of websites is that complete continuity of access to the Site cannot be guaranteed.

35. The Supplier shall be under no obligation to restrict or limit the type or number of advertisers which may advertise on the Site, and without limitation, the Advertiser shall have no recourse in the event that a competitive or conflicting business so advertises.

Duration and Termination

35. This Agreement shall commence on the day that Credit card or Debit card payment is received through WorldPay.

36. The initial duration is for 12 months and therafter until terminated by either party serving not less than 3 months written notice by email to advertisers@theeveninginn.com

37. Neither party shall be liable for any delay in performing or failing to perform any of its obligations under this Agreement due to any act of God, war, strike, lock-out, industrial action, fire, flood, drought, tempest or other force majeure event beyond the reasonable control of either party.

38. No delay or failure by the Supplier to exercise any of its powers, rights or remedies under this Agreement will operate as a waiver of them and any waiver, to be effective, must be in writing.

39. If any part of this Agreement is found by a court or other competent authority to be invalid, unlawful or unenforceable, then such part will be severed from the remainder of this Agreement which will continue to be valid and enforceable to the fullest extent permitted by law.

40. Both parties will keep confidential all material concerning the business affairs of the other which shall be disclosed in the course of this Agreement, save for any information in the public domain.

41. This Agreement is the complete and exclusive statement of the agreement between the parties relating to the subject matter of the Agreement and supersedes all previous communications, representations and other arrangements, written or oral.

Terms and Conditions

Definitions

Advert - the advertisement placed by the advertiser under this Agreement

Advertiser - the person, firm or company with whom the Supplier

Agreement - these terms and conditions

Charges - the fees agreed between the parties

Site - the website on which Advert(s) will be displayed, bearing the domain name theeveninginn.com

Services - any services provided under the Agreement

Supplier - The Evening Inn Company Ltd

Basis on the Agreement

1. The Supplier agrees to provide the Services to the Advertiser and the Advertiser agrees to pay the Charges In accordance with the terms of this Agreement.

2. An Agreement shall only be formed on acceptance by the Supplier of the Advertiser’s order.

3. These terms and conditions shall apply to the exclusion of all other terms and conditions including any terms and conditions which the Advertiser may purport to apply under any order or other document. In the cast of any conflict or ambiguity between terms this document shall prevail.

4. The Supplier may employ sub-contractors to carry out any part of its obligations under the Agreement at its sole discretion and it may assign its rights and obligations under this Agreement to any other party. The Advertiser may not assign its rights and obligations under this Agreement without the written consent of the Supplier. The Supplier acts as principal in this Agreement.

5. Any variation of these terms and conditions shall be inapplicable unless agreed in writing by a duly authourised officer of the Supplier.

6. Any reference in this Agreement to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

Supplier’s Responsibilies

7. The Supplier will display the Advert on the Site in its standard format applicable to the size of the Advert chosen, using artwork supplied by the Advertiser.

8. The Supplier willuse its best endeavours to commence displaying the Advert immediately it is uploaded by the Advertiser.

9. The Supplier will use its best endeavours to ensure that the Site is accessible and the Advert on display on the Site at all times for the duration of this Agreement. However, the Supplier is responsible for arranging management and hosting of the Site, and parties recognise that the Supplier does not have control of these matters.

10. The Supplier makes no warranty as to the usage of the Site, which the parties recognise is beyond the control of the Supplier.

11. In the event of Site being inaccessible for a continuous period of more than 7 days or permanent closure of the Site, in either case for technical or other reasons, the Supplier reserves the right at its discretion to:

- transfer the Advert to an alternative suitable site, such suitability to be determined by the Supplier alone acting at its discretion: or

- refund a proportionate part of the Charges to the Advertiser.

Advertiser’s Responsibilities

12. The Advertiser will provide the Supplier with such text, artwork, information, logos, copies, drawings and designs, banner adverts in such formats and at such time or times as the Supplier may reasonable need to product the Advert and to perform the Services in accordance with this Agreement. The Advertiser is responsible for ensuring that such material and answers are accurate and complete.

13. The Supplier reserves the right to edit, ammend or refuse to accept propsed advertisements which it considers to be offensive, unlawful or inappropriate, or which appear to infringe the intellectual property rights of any third party.

14. If the Advertiser fails to product such artwork and other material in accordance with clause 4.1, or supplies only material which the Supplier considers to be offensive, unlawful or inappropriate or which appear to infringe the intellectual property rights of any third party, the Supplier reserves the right to produce a basic Advert to its own design to promote the Advertiser’s business, without seeking the Advertiser’s approval, for the remaining term of this Agreement or until suitable artwork and other material is supplied, whichever is sooner.

15. The Advertiser will obtain all necessary licences or consents that may be needed in connection with the content or display of the Advert and the use of the artwork and other material supplied by it and it shall indemnify the Supplier in full against any costs, claims, demands or expenses which the Supplier may incur as a result of breach by the Advertiser of this clause.

16. The Supplier will notify the Advertiser when the Advert first appears on the Site by email.

17. The Advertiser is free to make any changes at any time to their Advert, within the confines of this Agreement.

Payment Provisions

18. The Charges will be paid in advance on the date of this Agreement. This Charge will include a set up fee of £25.00 plus £75.00 fee + VAT. This Charge will be paid via WorldPay online using a Credit or Debit Card.

19. The Supplier reserves the right by giving not less than 28 days notice to the Advertiser to increase the Charges on any anniversary of this Agreement.

20. The Charges do not include VAT or any similar sales tax, impost or custom duties, which will be paid additionally by the Advertiser at the then prevailing rate.

21. No act or omission of the Advertiser which prevents the Supplier from continuing to perform the Agreement or to perform it according to any agreed time-scale shall prevent the Advertiser from raising invoices in accordance with this Agreement.

Intellectual Property

22. Any intellectual property rights in the Advert, save for that attaching to any logos, designs, names and other material originally supplied by the Advertiser, shall remain the property of the Supplier. No right or licence is granted by this Agreement.

23. To the extent that the Advertiser supplies the Supplier any original copyright or other protected material, the Advertiser grants a licence to the Supplier to publish, reproduce, adapt, and otherwise use without limitation any such material for the purposes of its performance of this Agreement but not otherwise.

24. At termination any unused advertising or other material prepared by the Supplier, whether the subject of copyright or not, shall remain the Supplier’s property and shall not be used by the Advertiser subsequently without the written consent of the Supplier.

Warranties and Indemnities

25. The Advertiser warrants that it has not relied on any representations made by or on behalf of the Supplier save as contained in the Agreement.

26. The Advertiser warrants that any copy, logo, specification, design, instruction or other material supplied by it to the Supplier, and any proof approved by the Advertiser, will not infringe intellectual property or other rights of any third party, nor will it be defamatory or otherwise unlawful, nor infringe the Trade Descriptions Acts, and the Advertiser will indemnify the Supplier in respect of any claim relating to such infringement.

27. The Advertiser warrants that all the facts, claims and offers it advertises on the Site are accurate and in no way misleading and that the terms of any offers contained therein will be honoured.

28. This Agreement is between the Advertiser and the Supplier.

Limitation of Liability

29. The Supplier shall not be responsible for any errors in the Advert or any unsatisfactory Services which are not notified in writing to it in accordance with clause 16, nor for any errors which are approved by or are the fault of the Advertiser or any third party.

30. The terms of this Agreement represent the whole Agreement between the parties and all other warranties, conditions, terms, undertakings or representations of any kind, whether express or implied, statutory or otherwise including (without limitation) as to the conditon, quality, performance or fitness for purpose of any goods or the standard of care used in the provision of services are hereby expressly excluded from the Agreement save as prohibited by law.

31. The Supplier shall not be liable under contract, tort (including negligence) or otherwise for any loss of production, loss or corruption of data, loss of profits or of contracts, loss of operation time, loss of goodwill and loss of anticipated savings, nor for any indirect or consequential loss, damage, cost or expense of any kind whatever and however caused.

32. Save where its liability cannot be limited by law, the Supplier’s total liability (whether in contract, tort including negligence or otherwise) under or in connection with this Agreement or based on any claim for indemnity or contribution shall not exceed two times the Charges then payable for a 12 month period in aggregate

33. The Supplier shall not be liable for any change to the content of the Advert if the varation does not materially affect the characteristics of the Advert, and the substituted materials and content (if any) are of comparable quality to the originals.

34. The parties recognise that the nature of websites is that complete continuity of access to the Site cannot be guaranteed.

35. The Supplier shall be under no obligation to restrict or limit the type or number of advertisers which may advertise on the Site, and without limitation, the Advertiser shall have no recourse in the event that a competitive or conflicting business so advertises.

Duration and Termination

35. This Agreement shall commence on the day that Credit card or Debit card payment is received through WorldPay.

36. The initial duration is for 12 months and therafter until terminated by either party serving not less than 3 months written notice by email to advertisers@theeveninginn.com

37. Neither party shall be liable for any delay in performing or failing to perform any of its obligations under this Agreement due to any act of God, war, strike, lock-out, industrial action, fire, flood, drought, tempest or other force majeure event beyond the reasonable control of either party.

38. No delay or failure by the Supplier to exercise any of its powers, rights or remedies under this Agreement will operate as a waiver of them and any waiver, to be effective, must be in writing.

39. If any part of this Agreement is found by a court or other competent authority to be invalid, unlawful or unenforceable, then such part will be severed from the remainder of this Agreement which will continue to be valid and enforceable to the fullest extent permitted by law.

40. Both parties will keep confidential all material concerning the business affairs of the other which shall be disclosed in the course of this Agreement, save for any information in the public domain.

41. This Agreement is the complete and exclusive statement of the agreement between the parties relating to the subject matter of the Agreement and supersedes all previous communications, representations and other arrangements, written or oral.

Terms and Conditions

Definitions

Advert - the advertisement placed by the advertiser under this Agreement

Advertiser - the person, firm or company with whom the Supplier

Agreement - these terms and conditions

Charges - the fees agreed between the parties

Site - the website on which Advert(s) will be displayed, bearing the domain name theeveninginn.com

Services - any services provided under the Agreement

Supplier - The Evening Inn Company Ltd

Basis on the Agreement

1. The Supplier agrees to provide the Services to the Advertiser and the Advertiser agrees to pay the Charges In accordance with the terms of this Agreement.

2. An Agreement shall only be formed on acceptance by the Supplier of the Advertiser’s order.

3. These terms and conditions shall apply to the exclusion of all other terms and conditions including any terms and conditions which the Advertiser may purport to apply under any order or other document. In the cast of any conflict or ambiguity between terms this document shall prevail.

4. The Supplier may employ sub-contractors to carry out any part of its obligations under the Agreement at its sole discretion and it may assign its rights and obligations under this Agreement to any other party. The Advertiser may not assign its rights and obligations under this Agreement without the written consent of the Supplier. The Supplier acts as principal in this Agreement.

5. Any variation of these terms and conditions shall be inapplicable unless agreed in writing by a duly authourised officer of the Supplier.

6. Any reference in this Agreement to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

Supplier’s Responsibilies

7. The Supplier will display the Advert on the Site in its standard format applicable to the size of the Advert chosen, using artwork supplied by the Advertiser.

8. The Supplier willuse its best endeavours to commence displaying the Advert immediately it is uploaded by the Advertiser.

9. The Supplier will use its best endeavours to ensure that the Site is accessible and the Advert on display on the Site at all times for the duration of this Agreement. However, the Supplier is responsible for arranging management and hosting of the Site, and parties recognise that the Supplier does not have control of these matters.

10. The Supplier makes no warranty as to the usage of the Site, which the parties recognise is beyond the control of the Supplier.

11. In the event of Site being inaccessible for a continuous period of more than 7 days or permanent closure of the Site, in either case for technical or other reasons, the Supplier reserves the right at its discretion to:

- transfer the Advert to an alternative suitable site, such suitability to be determined by the Supplier alone acting at its discretion: or

- refund a proportionate part of the Charges to the Advertiser.

Advertiser’s Responsibilities

12. The Advertiser will provide the Supplier with such text, artwork, information, logos, copies, drawings and designs, banner adverts in such formats and at such time or times as the Supplier may reasonable need to product the Advert and to perform the Services in accordance with this Agreement. The Advertiser is responsible for ensuring that such material and answers are accurate and complete.

13. The Supplier reserves the right to edit, ammend or refuse to accept propsed advertisements which it considers to be offensive, unlawful or inappropriate, or which appear to infringe the intellectual property rights of any third party.

14. If the Advertiser fails to product such artwork and other material in accordance with clause 4.1, or supplies only material which the Supplier considers to be offensive, unlawful or inappropriate or which appear to infringe the intellectual property rights of any third party, the Supplier reserves the right to produce a basic Advert to its own design to promote the Advertiser’s business, without seeking the Advertiser’s approval, for the remaining term of this Agreement or until suitable artwork and other material is supplied, whichever is sooner.

15. The Advertiser will obtain all necessary licences or consents that may be needed in connection with the content or display of the Advert and the use of the artwork and other material supplied by it and it shall indemnify the Supplier in full against any costs, claims, demands or expenses which the Supplier may incur as a result of breach by the Advertiser of this clause.

16. The Supplier will notify the Advertiser when the Advert first appears on the Site by email.

17. The Advertiser is free to make any changes at any time to their Advert, within the confines of this Agreement.

Payment Provisions

18. The Charges will be paid in advance on the date of this Agreement. This Charge will include a set up fee of £25.00 plus £75.00 fee + VAT. This Charge will be paid via WorldPay online using a Credit or Debit Card.

19. The Supplier reserves the right by giving not less than 28 days notice to the Advertiser to increase the Charges on any anniversary of this Agreement.

20. The Charges do not include VAT or any similar sales tax, impost or custom duties, which will be paid additionally by the Advertiser at the then prevailing rate.

21. No act or omission of the Advertiser which prevents the Supplier from continuing to perform the Agreement or to perform it according to any agreed time-scale shall prevent the Advertiser from raising invoices in accordance with this Agreement.

Intellectual Property

22. Any intellectual property rights in the Advert, save for that attaching to any logos, designs, names and other material originally supplied by the Advertiser, shall remain the property of the Supplier. No right or licence is granted by this Agreement.

23. To the extent that the Advertiser supplies the Supplier any original copyright or other protected material, the Advertiser grants a licence to the Supplier to publish, reproduce, adapt, and otherwise use without limitation any such material for the purposes of its performance of this Agreement but not otherwise.

24. At termination any unused advertising or other material prepared by the Supplier, whether the subject of copyright or not, shall remain the Supplier’s property and shall not be used by the Advertiser subsequently without the written consent of the Supplier.

Warranties and Indemnities

25. The Advertiser warrants that it has not relied on any representations made by or on behalf of the Supplier save as contained in the Agreement.

26. The Advertiser warrants that any copy, logo, specification, design, instruction or other material supplied by it to the Supplier, and any proof approved by the Advertiser, will not infringe intellectual property or other rights of any third party, nor will it be defamatory or otherwise unlawful, nor infringe the Trade Descriptions Acts, and the Advertiser will indemnify the Supplier in respect of any claim relating to such infringement.

27. The Advertiser warrants that all the facts, claims and offers it advertises on the Site are accurate and in no way misleading and that the terms of any offers contained therein will be honoured.

28. This Agreement is between the Advertiser and the Supplier.

Limitation of Liability

29. The Supplier shall not be responsible for any errors in the Advert or any unsatisfactory Services which are not notified in writing to it in accordance with clause 16, nor for any errors which are approved by or are the fault of the Advertiser or any third party.

30. The terms of this Agreement represent the whole Agreement between the parties and all other warranties, conditions, terms, undertakings or representations of any kind, whether express or implied, statutory or otherwise including (without limitation) as to the conditon, quality, performance or fitness for purpose of any goods or the standard of care used in the provision of services are hereby expressly excluded from the Agreement save as prohibited by law.

31. The Supplier shall not be liable under contract, tort (including negligence) or otherwise for any loss of production, loss or corruption of data, loss of profits or of contracts, loss of operation time, loss of goodwill and loss of anticipated savings, nor for any indirect or consequential loss, damage, cost or expense of any kind whatever and however caused.

32. Save where its liability cannot be limited by law, the Supplier’s total liability (whether in contract, tort including negligence or otherwise) under or in connection with this Agreement or based on any claim for indemnity or contribution shall not exceed two times the Charges then payable for a 12 month period in aggregate

33. The Supplier shall not be liable for any change to the content of the Advert if the varation does not materially affect the characteristics of the Advert, and the substituted materials and content (if any) are of comparable quality to the originals.

34. The parties recognise that the nature of websites is that complete continuity of access to the Site cannot be guaranteed.

35. The Supplier shall be under no obligation to restrict or limit the type or number of advertisers which may advertise on the Site, and without limitation, the Advertiser shall have no recourse in the event that a competitive or conflicting business so advertises.

Duration and Termination

35. This Agreement shall commence on the day that Credit card or Debit card payment is received through WorldPay.

36. The initial duration is for 12 months and therafter until terminated by either party serving not less than 3 months written notice by email to advertisers@theeveninginn.com

37. Neither party shall be liable for any delay in performing or failing to perform any of its obligations under this Agreement due to any act of God, war, strike, lock-out, industrial action, fire, flood, drought, tempest or other force majeure event beyond the reasonable control of either party.

38. No delay or failure by the Supplier to exercise any of its powers, rights or remedies under this Agreement will operate as a waiver of them and any waiver, to be effective, must be in writing.

39. If any part of this Agreement is found by a court or other competent authority to be invalid, unlawful or unenforceable, then such part will be severed from the remainder of this Agreement which will continue to be valid and enforceable to the fullest extent permitted by law.

40. Both parties will keep confidential all material concerning the business affairs of the other which shall be disclosed in the course of this Agreement, save for any information in the public domain.

41. This Agreement is the complete and exclusive statement of the agreement between the parties relating to the subject matter of the Agreement and supersedes all previous communications, representations and other arrangements, written or oral.