Agreement between Breakeryard Ltd and Advertising Garages and Mechanics
STANDARD TERMS AND CONDITIONS
INTRODUCTION
The following terms and conditions will apply in respect of all services provided
by us to you. No alteration to these terms and conditions is effective unless it
has been expressly agreed in writing. "We" and similar references mean BREAKERYARD.COM
a division of Breakeryard Limited. "You" means the legal person to whom we supply
the Services as detailed overleaf. The Services means those services set out in
the Design Your Advert Online Form. "Initial Period" means the initial period of
the agreement as set out in the Design Your Advert Online Form.
(1) Agreement between Breakeryard Ltd and advertising clients
(a) By using the services of Breakeryard Ltd you acknowledge that you have read,
understand and agree to be bound by the terms and conditions set out below.
(b) Advertisements shall be legal, decent, honest and truthful; shall comply with
the British Code of Advertising Practice and all other Codes under the general supervision
of the Advertising Standards Authority: and shall comply with the requirements of
current legislation.
(2) Breakeryard Ltd does not accept responsibility for any loss or damage caused
by an error, inaccuracy or omission in the online publication of the advertisement
(3) Errors must be notified immediately to our office in writing & by email to service
@ breakeryard .com. Advertisers may also call our helpline on 0871 233 2899.
(4) Breakeryard Ltd reserves the right to make any alteration it considers necessary
or desirable in an advertisement and to require artwork or copy to be amended to
meet its approval.
(5) The Advertiser shall be responsible for checking an advertisement on each occasion
that it is published.
(6) Breakeryard Ltd reserves the right to omit, suspend, or change the position
of any advertisement, even if it has already been accepted for publication.
(7) Breakeryard Ltd reserves the right to increase advertisement rates at any time
or to amend the terms of contract as regards space or frequency of insertion. In
such event the Advertiser has the option of cancelling the balance of the contract
without surcharge. If the Advertiser cancels the balance of a contract, except in
the circumstances stated all unearned series discounts would be surcharged. Breakeryard
Ltd reserves the right of surcharge in the event of insertions not being completed
within the contractual period.
(8) Full payment is required to be received in advance of the advertisement live
date.
(9) The Advertiser/Advertising Agency agrees to indemnify Breakeryard Ltd in respect
of all costs, damages, or other charges falling upon the company as the result of
legal actions or threatened legal actions arising from the publication of the advertisement,
or any one or more of the series of advertisements, published in accordance with
the copy instructions supplied to Breakeryard Ltd in pursuance of the Advertiser's/Advertising
Agency's order. In any case where a claim is made against Breakeryard Ltd or the
company is used in litigation the Advertiser/Advertising Agency may ultimately be
liable under the terms hereof, notice in writing shall be given to the Advertiser/Advertising
Agency, and consultation shall take place before any expense is incurred or the
claim is settled or the case is defended or otherwise disposed of.
(10) The placing of an order for the insertion of an advertisement shall amount
to an acceptance of the above conditions and any conditions stipulated on an Agency's
order form or elsewhere by an Agency or an Advertiser shall be void insofar as they
are in conflict with them.
(11) Breakeryard Ltd reserves the right to publish advertisements on any of its
other websites. If the advertiser is deemed to be acting in an improper manner with
customers being mislead then Breakeryard Ltd reserve the right to instantly remove
the advertiser with no refund.
FORCE MAJEURE
We will not be liable for any act, omission or failure to perform the Services or
any other obligation set out in the Design Your Advert Online Form where such act,
omission or failure arises or continues from any cause beyond our control or avoidance,
including without limitation, where the Services are interrupted due to a malfunctioning
Pager or certain atmospheric conditions or the routing of calls over national and
international telecommunications systems which are beyond our control.
CONFLICT
You agree that we reserve the right to act for other clients whose interests are
or may be adverse to yours during the term of our agreement with you.
TERMINATION
Our agreement will be in place for 12 months. We can remove your advert if you contact
us at 0871 233 2899 at anytime with no refund. If we do not receive 30 days prior
notice to cancel at the end of the 12 month period then your advert will auto renew
and be subject to the following 12 months payment being taken.
ADDITIONAL SERVICES
If you wish us to carry out additional services to the services detailed in the
Design Your Advert Online Form, we will submit a written proposal in relation to
these additional services, which will be open for acceptance by you for 7 working
days.
VALUE ADDED TAX
All services are provided to you exclusive of any value added tax or other tax or
levy which may be payable as a result of us providing the Services to you.
GOVERNING LAW
These standard terms and conditions and the Order Form shall be governed by and
construed in accordance with English Law and you agree for our sole benefit that
any claim, dispute, difference or issue arising out of or connected with our agreement
with you shall be subject to the exclusive jurisdiction of the Courts of England
and Wales.
DATA PROTECTION
We shall comply with our obligations under The Data Protection Act 1998 in respect
of the data which you provide to us.