Hamilton House Mailings Ltd terms and conditions for listing on the website www.top5.org.uk Issue number 4
- Hamilton House Mailings Ltd (Hamilton) will add data supplied to its web site www.top5.org.uk and maintain the data on the site in accordance with the customer’s wishes, for one year from the date of initial posting of the data.
- The price for placing an advert will be:
- A standard advertisement in one section: £40 per year
- Each additional section: £10 per year
- Additional description (per section): £30 per year up to 100 words
- Logo per section per year: £20
- Changes to the text following a booking: £10 per section.
- Hamilton will keep all data on the site up to date as far as it is able, and will ensure that as far as it is able the site is available to everyone who wishes to read it.
- Hamilton will promote the site regularly to schools through direct mail, email and on the www.schools.co.uk website (and other sites if appropriate).
- The customer warrants that there is nothing false or misleading in the information supplied for display on the site, and that the information infringes no law, copyright, design right or other right of any other business or individual. Where Hamilton believes that a law or right has been broken in any form Hamilton has the right to remove the data until the matter is resolved without compensation to the customer, although Hamilton will not use this clause unreasonably.
- Hamilton will execute orders to put up or amend data as quickly as possible but can give no absolute guarantee as to the time that will be taken to execute requests and orders.
- The copyright and design of the site format and of the site as a database of accumulated data is retained by Hamilton under the relevant Act and Rights.
- Hamilton does not guarantee a specific result to a customer from being listed on the site.
- Hamilton does not guarantee exclusivity on the site, nor that in future specific companies not currently on the site will not be added to the site.
- Where an error appears on the site as a result of an error by Hamilton staff in preparing and presenting data, Hamilton will undertake to correct the error as soon as is feasible, at its own expense, and will extend the period on which the data is available on the site for an extra month. It is the responsibility of the customer to check the data and ensure that it is correct.
- If any data is supplied to the customer on computer disc Hamilton will check the disc prior to despatch for computer viruses. However, no warranty can be given that any computer disc supplied is free from computer virus and Hamilton will not accept any liability whatsoever for any loss or damage caused by a computer virus. The customer must always check any discs supplied himself to ensure that they are free from computer viruses.
- Hamilton shall not be liable in respect of any inaccuracy in the site but will act in order to correct any such error once it is pointed out in writing to Hamilton.
- Hamilton shall not be liable for any failure or delay in the provision of the Services caused by Force Majeure provided that, as soon as Hamilton is aware of any such delay or failure, it gives written notice to the customer explaining the nature of the Force Majeure, how long it is anticipated to last and when normal service will be resumed. If the Force Majeure persists or is, in the opinion of Hamilton, likely to persist for a period longer than one month, Hamilton may terminate the Contract or the provision of the relevant part of the Services on giving the customer not less than one month's prior notice in writing. For the purposes of this clause, "Force Majeure" means: act of God; outbreak of hostilities, riot , civil disturbance, acts of terrorism; the act of any government or quasi-governmental authority (including the refusal or revocation of any licence, consent or permit); fire, explosion, flood, fog or bad weather; power failure, failure of telecommunication lines, failure or breakdown of plant, failure on the part of its email, web site or service provider to maintain the service, equipment or machinery; theft, malicious damage, strike, lockout or industrial action of any kind; any other cause or circumstance beyond Hamilton's reasonable control.
- Hamilton and the customer each undertake and agree to indemnify the other for any expense, damage or loss suffered as a result of any claims or proceedings against the other, regarding infringement or alleged infringement of any intellectual property rights owned by a third party, resulting from the use of any data or design or artwork or other materials or items supplied by that party, including Input Material, in connection with the Services.
- Without prejudice to any other rights or remedies Hamilton may have, Hamilton may terminate the Contract and any other contract between the customer and Hamilton immediately by notice in writing if the customer breaches any provision of the Contract which cannot be remedied to the satisfaction of Hamilton within 7 days of Hamilton serving notice of the breach and the remedy required or if the customer goes into liquidation, or, in the case of an individual or a firm, becomes bankrupt, makes a voluntary arrangement with his creditors or has a receiver or administrator appointed. Upon termination of the Contract Hamilton shall be entitled to invoice the customer for any costs incurred in connection with any contract terminated and the amount invoiced shall be immediately due and owing. In addition, Hamilton shall return all Input Material in accordance with the terms of Clause 6(5).
- Any notice required to be given under these terms and conditions must be in writing and be served on the recipient by personal delivery, first class post or fax at the address shown in the Confirmation of Order, or any other address notified by the recipient from time to time. A notice received personally shall be deemed to have been served at the time of delivery. A notice sent by first class post shall be deemed to have been served two working days after the day of posting. A notice served by fax shall be deemed to have been served at the time of transmission provided the sender is able to produce evidence of its having duly transmitted and received. A notice served by email shall be deemed to have been served at the time of transmission.
- The waiver or forbearance of failure of either party in insisting in any one or more instances on the performance of any provisions of a Contract shall not be construed as a waiver or relinquishment of that party's rights in respect of any continued default of any future non-performance of that or any other provision.
- Hamilton reserves the right to take matters relating to non-payment of invoices, unauthorised use of mailing lists and similar cases to the County Court. Any dispute arising under or in connection with the Conditions or the provision of the Services or Goods which Hamilton deems to be more appropriate to be dealt with by other means shall be referred to arbitration by a single arbitrator appointed by agreement or, in default, nominated on the application of either party by the President for the time being of the Law Society for England and Wales.
- To the extent not provided for elsewhere in the Contract the customer shall indemnify Hamilton for any loss, costs, claims, damages and expenses, incurred indirectly or directly by Hamilton in connection with any breach of the Contract by the customer.
- If any term of the Contract shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision shall to that extent be deemed not to form part of the Contract but the enforceability of the remainder of the Contract shall not be affected.
- The Conditions and any Contract to which they apply shall be interpreted and construed under English law and the parties hereby agree to submit to the non-exclusive jurisdiction of the Supreme Court of Justice in England.
Please complete this form and return to Hamilton House Creative on 01536 399 012.
I have read the terms and conditions for the data entry for listing in the website www.top5.org.uk, number 4, of Hamilton House Mailings Ltd relating to the production of a work for use in the promotion of this company, and wish Hamilton House to proceed to produce the work as discussed in accordance with these terms and conditions.
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