TERMS AND CONDITIONS FOR LISTINGS AND ADDITIONAL MATERIAL

General

1. All listings and other information accepted for publication by ukitdirectory.com which is a branded service of IT-shortlist Ltd. (ITS) in any of its print or online publications are accepted subject to these terms and conditions. Any other conditions proposed by the Buyer shall be void unless accepted by ITS in writing.
2. In these conditions: "Advertiser" means the person whose goods or services are advertised; "Advertisement" means company information display, additional information relating to products and or services and any educational, white papers or guides and shall include re-directed advertisements; "Buyer" means the person placing the order for the directory entry and advertisement(s); "Medium" means the online publication taking the booking.
3. All Advertisements are accepted subject to space being available in the Medium.
4. ITS reserves the right to cancel any order without liability in the event of becoming aware of any meetings of creditors, bankruptcy, liquidation proceedings, the appointment of a receiver or administrative receiver over the whole or substantial part of the Buyer's assets, or any indication whatsoever of financial difficulties.
5. These conditions and all other express terms of the contract between ITS and the Buyer shall be governed and construed in accordance with the Laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.

Buyer to contract as Principal

6. The Buyer warrants that the Buyer contracts with ITS as principal notwithstanding that the Buyer may be acting directly or indirectly for the Advertiser as an advertising agent or media buyer or in some other representative capacity. Where the Buyer is the Advertiser's advertising agency, the Buyer warrants that it is authorised by the Advertiser to place the Advertisement with ITS.

Delivery and Ownership of materials

7. Copy must conform to ITS' requirements and ITS reserves the right to charge for any additional work involved in amending the copy of the Advertisement to conform to its requirements, where the work is an excessive amount and is more than simple corrections, formatting or amends to ensure that the entry will be properly linked to the search mechanism to ensure the success of the entry.
8. Any intellectual property rights in designs prepared by ITS shall remain the property of ITS and Advertisements including such designs may not be reproduced without ITS' consent.

Booking procedures

9. If an Advertisement includes a promotion, competition or a special offer of merchandise the Advertiser must provide full details to ITS on request.

Prices and Payment terms

10. Prices published by ITS from time to time are subject to revision at any time and orders are accepted on the condition that the price binds ITS only in respect of the period specified in the applicable rate card.
11. Prices are exclusive of applicable Value Added Tax which the Buyer shall additionally be liable to pay to ITS.
12. Accounts must be settled in accordance with the terms shown on the invoice, which are strictly net. In default, all outstanding transactions will become liable for immediate settlement. Interest will be charged monthly on overdue accounts at the rate of 2% above the National Westminster Bank Minimum Lending Rate and ITS reserves the right to suspend the entry.

Limitations on ITS' Liability

13. Except to the extent specified in paragraph 14, ITS shall not be liable for any loss or damage suffered by the Buyer as a result of any total or partial failure (howsoever caused) of the Medium in which any Advertisement is scheduled to be included or for any error, misprint or omission in the production of any Advertisement. In the event of an error or omission, which detracts materially from the Advertisement, ITS will correct the Advertisement or relevant part of the Advertisement and make a reasonable extension to the period that the Buyer has contracted to for the same time that the medium failed for. No refund will be made.
14. The total liability of ITS to the Buyer for any act or omission of ITS, its' servants or agents relating to any Advertisement shall not exceed the amount of a full refund of any price paid to ITS for the Advertisement or the cost of a reasonably comparable further or corrective Advertisement. Without limiting the foregoing, ITS shall not be liable for any loss of profits or business or for indirect or consequential loss.
15. ITS accepts no responsibility for the quality of reproduction of any photograph supplied by the Buyer, its agents or servants and reserves the right to refuse to use images that detract from the professional stand of the Meduim.

Cancellation or suspension

16. Requests for cancellation or reduction of an order may be considered but only if received in writing by the publisher within 28 (twenty-eight) days from placing the order. No cancellation or reduction will be effective until confirmed in writing by an authorised signatory of ITS.
17. ITS reserves the right to omit or suspend an Advertisement at any time for good reason, without liability to the Buyer and shall notify the Buyer as soon as possible. If such omission or suspension is due to the act or default of the Buyer, the Advertiser or their respective servants or agents, then the Buyer shall pay for the Advertisement in full notwithstanding that the Advertisement has not been published.

Buyer's Warranties and Indemnities

18. The Buyer warrants that the Advertisement does not contravene the British Code of Advertising Practice and is not in breach of any relevant legislation, including the Race Relations Act 1976, the Sex Discrimination Act 1976 (both as amended), the Disability Discrimination Act 1995, the Employment Equality (Age) Regulations 2006 and the Obscene Publications Act and also including any legislation or regulation, such as those relating to the provision of Financial Services, which apply to specific Advertisers, products or services.
19. If any Advertisement submitted for publication contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or copy by which any living person is or can be readily identified, the Buyer warrants that the Buyer or the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy.
20. The Buyer will indemnify and hold harmless ITS from and against any claim that the Advertisement infringes the copyright, trademark or other intellectual property rights of any person or that it is defamatory or infringes any other right of any person. ITS reserves the right to withdraw and/or refuse to publish an Advertisement without liability to the Buyer if it reasonably believes that the Advertisement may make ITS or the Advertiser liable to any complaint, claim or proceedings.
21. The Buyer is solely responsible for fulfilling and dealing with any orders or enquiries relating to the goods, services or promotion to which the Advertisement relates and will indemnify and hold ITS harmless accordingly.
22. If an Advertisement links to another site, the Buyer is responsible for maintaining the link and for the content of the linked site. ITS may remove any Advertisement which contains content or links to a website which, in ITS' opinion, is defamatory, objectionable, irrelevant or will bring ITS into disrepute. The Buyer will indemnify ITS from and against any claims or liability arising from links contained in an Advertisement.
23. If ITS receives complaints about the content of an Advertisement it may, at its discretion, remove the Advertisement from display without liability to the Buyer.
24. The Buyer's sole remedy if ITS, or its' third party subcontractors who may host and serve Advertisements from time to time, make an error in displaying any Advertisement is the cost of re-running the relevant Advertisement. Neither ITS nor its subcontractors shall be liable for failure to display the Advertisement caused by circumstances outside their control.
25. ITS refuses to publish listings that will or can not supply address and telephone contact details or provide proof of a valid company registration certificate.

Fixed Price Contracts

26. The advertiser shall as a minimum maintain the same entry (subject to the condition below) and advertising style and copy for the 1 year contractual period unless agreed in writing by the publisher.
27. If the advertiser defaults on any payment due for one or all years during the contact period the publisher reserves the right to suspend the order for the remainder of the contract period.
28. ITS reserves the right during the contractual period to amend or substitute specific advertising styles within the product range listed on the directory.