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Eyefortravel Marketing & Technology Directory

Advertiser Terms and Conditions

The following conditions relate to advertisers in The EyeforTravel Marketing and Technology Directory, both on-line and the printed book version.

Standard Conditions

Important: Please read these Standard Conditions carefully before you place an order. Pay particular attention to those conditions highlighted, which limit our liability or affect your obligations to us.

  1. Definitions
    Advert
    the advert specified in the Order including any Online or Printed Advert
    Advertiser Website
    the website which you wish to be linked to the Keyword Search Listing.
    Agreement
    the binding agreement between you and us comprising the Order, the Credit Agreement (if applicable), any direct debit form (if applicable) and these Standard Conditions and any variations or special terms agreed in accordance with Condition 2. These Standard Conditions shall apply to each discrete Advert contained in the Order.
    Classified Search Listing
    a directory-style listing containing name of business and contact details which links to an information page for that business.
    Copy
    the detail and layout (print only) of the Advert which you specify including any textual and graphic content for an Online Advert.
    Credit Agreement
    the credit agreement (if any) between you and us.
    Directory
    the edition(s) of the EyeforTravel Directory as specified on the Order.
    Directory Close Date
    the date shown on the Order which is the latest date by which we can accept your Copy, amendments or notice of cancellation.
    Keyword Search Listing
    a descriptive-style search listing containing a title and description and linking to a website or webpage.
    Online Advert
    the advert specified in the Order being either a Classified Search Listing or a Keyword Search Listing.
    Online Directory
    a classified database of business listings which can be searched by name or subject and location and is available via the EyeforTravel Directory.
    Order
    the form and copysheet, if relevant, which shows details of the Advert.
    Partner Sites
    third party websites to which we have agreed to provide either Classified Search Listings or Keyword Search Listings and which websites will change from time to time.
    We
    FC Group Limited whose head office is at: 7-9 Fashion Street, London, E1 6PX, UK
    You
    the person, firm or company named on the Order who wishes to purchase the Advert.
  2. Variations to the Conditions
    Any variations to this Agreement and any special terms will only be effective if set out in a printed form issued by us or agreed by a director of FC Group. Only such a director is authorised by us to make any representations about the Agreement or any matter relating to it.
  3. Commencement and Duration
    a. Our acceptance will be conditional on your meeting relevant editorial and credit criteria.
    b. We do not give or make any warranty, condition or undertaking as to the duration of the lifetime of any Directory or Online Advert.
  4. Our rights and responsibilities
    . We agree to publish the Advert in accordance with generally accepted printing standards and directory policies, but we can make any changes to the Advert we consider necessary.
    a. We will supply a copy of the Directory, free of charge, to attendees at our conferences at locations and in a manner that is entirely at our discretion
    b. The position of the Advert within each section of the Directory will be at our discretion.
    c. Your name, address and telephone details as shown at the top of the Order will be published as a listing in the Directory and Online Directory.
    d. We will incorporate your Classified Search Listing into our Online Directory. If relevant to the Classified Search Listing ordered, we will arrange for it to be made available for presentation in results to classified directory type searches on Partner Sites.
    e. You acknowledge and accept that we do not make any representations or warranties that your Online Advert will appear on any particular Partner Site, or in any particular position or priority or the frequency in which it may appear, all of which depend on rules set by the Partner Sites.
    f. With regard to Online Adverts, you acknowledge and accept that computer and telecommunications systems may sometimes require periods of downtime for repair, maintenance and upgrading and, therefore, we cannot guarantee uninterrupted availability. However, where it is in our control, we will try to keep any periods of downtime to a minimum. The Online Directory is provided with reasonable skill and care, but is otherwise provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind either express or implied.
    g. We make no representations or warranties with regard to the availability or accessibility of Partner Sites.
    h. We can decide not to publish the Directory. In this situation you will be entitled to a full refund of any money you have paid for any Advert which would have appeared in the Directory, but you will not be entitled to any other compensation or damages.
    i. We do not have to publish or display the whole or any part of the Advert if you have not supplied any part of the Copy by the Directory Close Date or, in the case of an Online Advert, within 14 days of the date of the Order or if we consider that the Copy does not meet the standards of the Advertising Standards Authority or is unacceptable for publication for some other reason including that it may infringe the legal rights of others or subject us to claims, prosecution, criticism or cause us embarrassment.
    j. We will be entitled to prevent the display of your Online Advert if you fail to make any payment in respect of it or in respect of any Advert which is purchased with the Online Advert as part of the Order.
    k. We will not be liable for any disruption or delay in producing or distributing the Directory, in making the Online Directory available or in distributing the Online Advert to Partner Sites or for failing to perform our duties under this Agreement if the failure is caused by circumstances beyond our control.
    l. We accept the Copy from you on the understanding that you have unconditionally approved the Copy for publication.
  5. Your rights and responsibilities
    . The Copy you provide must be accurate, approved, legal, decent, honest and truthful and it must meet the standards of the Advertising Standards Authority. You must own or have authority to use any trade name, trade mark, British Standard Mark or other quality assurance mark, logo or other material that is used in the Copy or contained in the Advertiser Website. You must own the copyright in the Copy (except in the circumstances provided for in Condition 9) and the Copy must not infringe the copyright any third party has in the Copy. The Copy and the Advertiser Website must not infringe the rights or pass off the goodwill of any third party. You must be authorised to use any logo or name of any trade association you use in the Copy or the Advertiser Website and you must be a paid up member of the trade association.
    a. If your activities, conduct or advertising and promotion fall within the regime regulated by the Financial Services Authority, you undertake and warrant to us that you are registered in the conduct of your business by the Financial Services Authority if you are required to be so registered and that the content of each Advert has been approved by a person authorised to approve Adverts under the financial services regulatory regime.
    b. You confirm and warrant that (i) the business you are advertising is lawful, (ii) you have obtained all appropriate licences, permits or any other regulatory consents required to operate the business you are advertising, and (iii) advertising your business in the manner agreed with us will not result in a breach of any law or regulation by you, us or any third party.
    c. If you want to change part of the Copy you must send written details of the change to our Head Office. We must receive the details before the Directory Close Date in the case of the Directory and within 14 days of the date of the Order in the case of an Online Advertisement.
    d. You must notify us if the Advertiser Website results in error pages or dead links at any time. We reserve the right to suspend, without liability, the distribution of the Keyword Search Listing that links to such Advertiser Website.
    e. Subject to payment of a deposit in accordance with Condition 5G below, payment under this Agreement is due on the date of publication of your Advertisement. If you have chosen to pay by the instalment payment method, payments will be made in accordance with the Credit Agreement.
    f. After submitting the Order, you must pay us the full amount due as applicable to the payment method chosen and which is set out in the Order.
    g. You must pay the amount we invoice you for, using the payment method specified in the Order. If you do not make any payment due under this Agreement or any other contract between us, we can keep all sums you have already paid and you will immediately have to pay us all outstanding amounts. We may also (without prejudice to our other rights) immediately terminate this Agreement or any other order from you, in which event a cancellation fee will be payable by you equal to 10% of the charge for the Advertisement plus VAT or the deposit paid, whichever is higher. Interest at a rate of 1.5% per month will be applied to any amount you have not paid after 30 days from the due date of payment (unless the law prevents us from charging interest). We can charge you any reasonable administration and legal costs for recovering the amounts you owe. If you owe us any sum of money, we may deduct that amount from any sum which we may owe you at any time under this Agreement or any other agreement we have with you.
    h. You shall indemnify us, our employees and agents against all proceedings, claims, demands, expenses, losses and/or damages arising from any breach of this Agreement by you or from processing or publishing any information or material you gave us or from distributing your Online Advertisement including any claims arising as a result of defamation, illegality, false description or breach of any third party rights.
    i. The Order must be placed in the ordinary course of your business and the Advertisement must be for your own business. You must not sell or transfer your rights to the provision of advertising under this Agreement to any other party.
  6. Cancellation
    . In addition to any statutory rights you may have to cancel your Order, you may cancel part or all of your Order by giving notice in writing to our head office. We must receive this notice by the Directory Close Date or within 14 days of the date of the Order, whichever is earlier, in the case of an Advertisement in the Directory. In the case of an Online Advertisement we must receive this notice within 14 days of the date of the Order.
    a. If we receive written notice to cancel an order more than 14 days after the date of the Order we will only act on this notice to cancel an Advertisement in the Directory (not an Online Advertisement) if you pay a cancellation fee which will be equal to 10% of the charge for the Advertisement plus VAT or the deposit paid, whichever is higher. We cannot accept a request to cancel the Order if we receive the request after the Directory Close Date. Online Advertisements may not be cancelled after the 14 day period. Condition 6B will not apply if you cancel this Order pursuant to any statutory rights you have.
    b. If cancelling part of the Order means that you no longer qualify for a discount for multiple advertising or an advertising package, then we can adjust the rate on the remaining advertising to reflect the price appropriate for the reduced level of advertising in accordance with the appropriate rate card.
  7. Our Liability
    . If there is an error in, or omission from, the published or displayed Advertisement, or the Advertisement is not published in the Directory, you will be entitled to a refund of part or all of the sum you have paid for the Advertisement concerned and it will be a fair and reasonable amount considering the nature of the error in line with our service guarantee and, in the case of an Online Advertisement, the period of time that the error was uncorrected.
  8. Colour Advertisements
    The colour(s) in your Advertisement may not match the colour(s) in any proof provided of your Advertisement. This does not constitute an error and you will not be entitled to any refund or other remedy in respect of any such difference in colour(s).
  9. Copyright
    We have copyright in all artwork, copy and other material which we, our agents or employees have created or contributed to, whether or not a charge has been paid by you in respect of it. You do not gain any intellectual property rights in that artwork, copy or other material and you will not be entitled to use it in any other form or in any other media.
  10. Agreement
    This Agreement sets out the entire agreement and understanding between you and us and it replaces all previous agreements, arrangements and understandings between us. You are not entering into the Agreement or any part of the arrangements by relying upon the statements or warranties that are not set out in the Agreement. This Agreement shall be construed in accordance with and governed by the Laws of England and the parties hereto submit to the non-exclusive jurisdiction of the English Courts.
  11. Payment
    - Payments must be made by credit or debit card to activate your listing.
    - 30 day payment terms are available to existing EyeforTravel clients by prior arrangement only. These terms are offered solely at the discretion of EyeforTravel.
    - EyeforTravel reserve the right to suspend/remove listings immediately for any disputed amount or non-payment of an invoice related to the service.