Contract Of Services
Please read CheckMyTrader Contract of Services carefully to make sure you understand the terms and conditions set out in this Agreement. If you do not understand anything contained in the Agreement we recommend you consult a solicitor for advice before entering in to an Agreement with CheckMyTrader as you will then be legally bound to this Agreement.
CONTRACT OF SERVICES
(the “Service Provider”)
– and –
Terms and Conditions
Any individual that processes an online application to have business details published on the CheckMyTrader Website on behalf of themselves, a business, company, firm or organisation they represent agrees to comply and be legally bound by the following terms and conditions as set out in this document by CheckMyTrader.
The term “CheckMyTrader” or ‘’Service Provider’’ and the terms ‘’our’’ will be construed accordingly and refers to any parties legally responsible for the CheckMyTrader Website.
The following term “Client”, ‘’You’’ or ‘’Your’’ refers to any individual and the business they represent that processes an online application in any capacity to publish a listing on the CheckMyTrader Website.
If you do not agree to these terms, please refrain from using our Service. These terms set out the basis on which Clients may use the Service. By using the Service, Clients accept these terms, concluded between CheckMyTrader and the Client and agree to be bound by them.
Within this agreement, CheckMyTrader shall be the ‘Service Provider’ and the individual and business they represent that processes an application to publish a listing shall be the ‘Client’.
- The Service Provider agrees to publish the Client’s business particulars on the CheckMyTrader Website. The Service Provider agrees to broadcast the Clients business particulars on its interface at which time Users of the Service Providers Website software perform specific searches to broadcast on the interface businesses published within the category that the Clients business particulars are listed in within a specified geographical area that the Clients listing qualifies to appear in.
- The Service Provider will publish the Clients business particulars on the CheckMyTrader Website within two working days of receiving a processed application. The Service Provider agrees to broadcast the Clients business particulars on the CheckMyTrader Website, 24 hours per day, seven days per week for the term of the Agreement.
- The Service Provider agrees to be available from Monday – Friday, 9am – 5pm, excluding bank and public holidays for the Client should he need assistance from the Service provider regarding Service. Contact details of how to reach the Service Provider at all times will be provided to the Client. Service will start at which time the Service Provider receives an online application from the Client. Upon submitting an application, the Client agrees to be bound by the terms of this Agreement.
- The Client can view the published business particulars by logging on to the CheckMyTrader Website that will display the listing. It is the responsibility of the Client to ensure the listing contains no errors and is listed within the required geographical radius the Client has requested. If the Client does not inform the Service Provider of any failings with the listing the Service Provider will understand that the Client has performed checks on the listing and the listing is published as requested. The Service Provider accepts no responsibility for any errors within the Clients listing if the Client does not notify the Service Provider of any errors.
- It is the responsibility of the Client to perform geographical radius checks from time-to-time to ensure the business particulars listed on the CheckMyTrader Website continue to be published within the agreed geographical radius. As the Service relies on a range of technology, software, internet and mobile connectivity on a continual basis, there may be technical failings from time-to-time that cause listings to not display as required. It is the responsibility of the Client to bring any technical problems to the attention of the Service Provider so that any such issues can be resolved within a reasonable time frame.
- Any listing ordered by the Client from the Service Provider shall be for a period of 1 month. The price paid by the Client to the Service Provider at the initial point of sale shall be for a listing period of 1 month. After this period has expired from the date the listing is published the Service Provider reserves the right to unpublish the listing for the initial period of 1 month. Any further publishing of the listing shall be for an additional period of 1 month at a price agreed between the Service Provider and the Client.
- Any listing ordered by the Client from the Service Provider shall be for the listing to be advertised in one section category only to be elected by the Client from any one section category available by the Service Provider within the website. Should the Client wish for the Listing to be advertised in any additional categories this will be subject to an addition premium to be agreed by the Service Provider and the Client.
- The Service Provider is reliant on various technology and software and cant guarantee search results every time. If the client thinks their advert is not appearing on searches correctly they need to tell us so we can rectify any issues.
- The Service Provider will provide telephone and online assistance and support where necessary to the Client for the duration of the Agreement period. The Client can amend the listing as many times as required by way of telephone or online during the Agreement period without incurring any additional costs.
- The Service Provider provides and guarantees its Services only on the basis that the Client provides the Service Provider with all proper, necessary and timely instructions, authority and information to enable the Service Provider to undertake lawfully and effectively the business instructed and that the Client indemnifies the Service Provider accordingly.
- The Client can elect any Postcode location to select where the geographical radius coverage area begins from. The Service Provider will use the longitude and latitude points of the Clients Postcode entered on the online application that is processed unless an alternative starting location is requested.
- As the Website relies on GPS Mapping technology provided by Google, the Service is limited to the limitations of this software and cannot determine where the software begins and ends geographical radius coverage. If someone is in a particular City and they do a search, you may not appear depending on where the maps decide the centre of Manchester is and its starting point. Radius settings are approximate.
- The client must ensure his advert complies with all ASA codes and laws regarding content, promotions, images and language. We can refuse anything illegal. We cannot be responsible for verbal amends over the phone but can do written amends. You acknowledge that we do not have a duty to publish any material you have provided. We have the right to reject or refuse to post any material you have provided or remove any material from the Service whether or not the material goes against any of these conditions or restrict, suspend or stop your access to all or any part of the Service at any time.
- The Client is responsible for the content of any material provided. Please choose carefully any information you post on the Service, as it will be available for public viewing. By providing any material to the Service, and for us to be able to use it, you confirm you and the material comply with all obligations set out in these conditions, and in particular that your material is your own original work or you are authorised to provide it to the Service and your material is not defamatory to a third party’s reputation, does not contain any material which is harassing, threatening, obscene, offensive, hateful, abusive or inflammatory. The Client must ensure material does not take away or affect any other person’s privacy rights, contract rights or any other rights, and does not otherwise break any laws of England and Wales. The Client must ensure material does not promote any illegal activity or discrimination and that you have the right to give us permission to use it for purposes specified above and that such use will not infringe the copyright, database right, trademark, privacy or other rights of a third party. Material must not in any way be liable to mislead others or otherwise be detrimental to or inconsistent with our good name or reputation and your material does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of the Service. If submitted material is intended to promote your own business or services, you will clearly and openly state your association with the particular business; (10) you will not falsify or delete any author attributions, legal or other proprietary notices, designations or labels; and your material does not contain any form of mass-mailing or spam.
- After posting your material, you continue to own that material, and you continue to have the right to use your material in any way you choose. If you provide any material to the Service you agree to grant us permission, irrevocably and free of charge, to use your material in any way we want on any Service or otherwise in any media worldwide including syndication of your material.
- The Service Provider allows reviews to be uploaded by members of the general public. We will let the Client remove any reviews you don’t like.
MINIMUM TERM AND PAYMENT
- This Contract shall be for a minimum period of 12 months from the Agreement Date. By making initial payment, the Client agrees to be bound by the terms and conditions of Service. The Contract shall come into existence at which time an online application is made by the Client. If the Client name, address or other particulars in this Agreement are entered incorrectly by the Client by way of error or deliberate act, this does not act as a waiver or provide any release from this Contract. In the event that the Client uses a third party to make initial payment on behalf of the Client, the payee will become jointly and severally liable for any sums due to the Service Provider for costs, expenses and VAT.
- The buyers billing cycle will be specified at the point of sale.
- The first annual fee is due in advance on the Agreement Date followed by the same date as the Agreement Date each proceeding year (the “Rolling Date”). The Rolling Date may fluctuate depending on non-working days and public holidays in each calendar month. The Service Provider will debit the annual fees from the credit / debit card that the Client uses to pay the account set up fee. The Service Provider will continue to provide service to the client after the minimum Agreement period has expired and will continue to debit the monthly fee due by way of credit / debit card until which time the Client provides written notice to the Service Provider that he wishes to terminate this Agreement in accordance with clause 30. Payment can also be made in full for the minimum Agreement period if required.
- Unless the buyer advises the seller otherwise, the contract will automatically renew for an additional twelve months at the end of each twelve month cycle. It is the responsibility……. The seller will advise the buyer via email two days in advance of any renewal payment due.
- The Client shall the agreed fee to the Service Provider at the time of placing an order of service on the Agreement Date by way of credit / debit card payment to subsidise all associated time, stationary and utility costs, postage and packaging of documentation and any other costs that may be incurred by the Service Provider in processing a new Client order.
- Failure to receive payment will result in the Services offered by the Service Provider being suspended until the arrears are cleared. if payment is not received the year after the advert will be removed.
- This fee subsidises the cost of the Service Provider providing support on an unlimited basis including any costs the Service Provider incurs as a result of providing service to the Client.
- The Service Provider will continue to provide service to the client after the minimum Agreement period has expired and will continue to debit the annual fee due by way of credit / debit card until which time the Client provides written notice to the Service Provider that he wishes to terminate this Agreement.
- Payments are non-refundable and no refunds will be given for non-use of the Services offered by the Service Provider to the Client.
AMENDMENTS & CANCELLATION
- No variation or amendment to this Contract shall be valid unless committed to writing and signed by or on behalf of both parties in accordance with clause xxx.
- Cancellation of the Contract will be by way of writing to the Service Provider providing at least 30 days notice from the next Rolling Date.
decide to terminate the Contract prior to the completion of the minimum period of twelve months through no fault or error by the Service Provider then the arrears due including the payment due until the minimum period is satisfied will still remain due from the Client.
- If this Contract is cancelled by either party then any existing issues currently being dealt with by the Service Provider on behalf of the Client and any future issues the Client notifies the Service Provider of will not be deemed liable for Service by the Service Provider.
- The Service Provider can cancel this Contract at any time in writing to the address provided in this Contract subject to clause 30. Should the Service Provider cancel the Contract the Client will not be liable for any payment due for any Services provided from the date of the termination of the Contract.
- The Client has 14 days from the Agreement Date to cancel the Contract which is an extension of their statutory cancellation rights.
- No failure or delay by either party to exercise any right or remedy will be construed or operate as a waiver of the Contract.
- In the event of a refund due to the Client as a result of non-fault by the Service Provider, the Client will be liable for an administration fee of £5.00 for the refunded transaction.
- Interest will be charged at the court’s rate, which is 8%, plus base rate should any payments be outstanding for more than 30 days in accordance with section 69 of the county courts act 1984. The Service Provider reserves the right to also claim compensation under the late payment of commercial debts interest act 1998, set at £40 on each late payment outstanding for more than 30 days.
- The Service Provider may increase the annual payment due after expiry of the minimum period of 12 months of this Agreement providing he gives 30 days notice to the Client. Such increase would be provided in writing to the Client and the Client retains the right to cancel the Service at this stage if requested.
JURISDICTION AND NOTICE
- Contracts between the Client and the Service Provider will be concluded in the English language and our relationship with the Client will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.
- These Terms and any claim under them (whether contractual or non-contractual) shall be governed by English law and is subject to the exclusive jurisdiction of the courts of England and Wales.
- The invalidity or unenforceability of any provision in this Agreement will not affect the validity or enforceability of any other provision and any invalid or unenforceable provision will be severable.
- Any notice under or in connection with this Agreement shall be in writing and shall be served by being sent by recorded delivery at or to the address of the party set out on the invoice or to such other address as may be subsequently notified by one party to the other.
- Notice is deemed to be served 2 working days after posting. The Service Provider accepts no liability for any notices that it does not receive that were not sent in accordance with this clause. It is the responsibility of the Client to ensure that the Service Provider receives any such notice.
- A person who is not party to this contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This clause does not affect any right or remedy of any person, which exists or is available otherwise than pursuant to that Act.
- We may change these Conditions from time to time. A change will be effective immediately upon publication of the modified Conditions on this application.
- We have a policy of continuously improving our products and services. Subject to Condition 4.2.3, we may change any aspect of the Services from time to time. Such changes may include the area of coverage and distribution of Directories; the title, font, format, type, look and feel and/or size of any Directory; our advertisement policies; the range of available Advertisement types and the Classification and Classification headings and search facilities used in Directories. If we reasonably consider that such a change is likely to have a serious detrimental financial effect on you, then we will notify you of such change but shall not otherwise be obliged to inform you. The interface may change.
- The Service Provider shall not be liable for non-performance if this is due wholly or in part to an act of God, war, strikes, fire, flood or any cause beyond the Service Providers control.
- The Service Provider cannot be responsible if the internet network goes down.
- We will endeavour to ensure your adverts are live and correct at all times. If there is any incorrect information anywhere, including links to your website, you need to advise us immediately, so we can amend it. Technical services sometimes need maintenance or encounter problems which may result in your adverts experiencing downtime, in this very rare event we will carry out the necessary work immediately to resolve the problem.
- The Client hereby agrees to the Service Provider that he acts as the sole agent in dealing with all advertising issues where doubt is felt of authenticity by the Client unless otherwise agreed with the Service Provider.
- The Service Provider is not responsible for the instruction of marketing sources for the Client or to advise marketing strategies. The Service Provider acts solely to deal with issues relating to potential False requests made to the Client by Support Publishing Firms.
- The Service Provider is an independent profit-making private organisation. The Service Provider does not work under contractual agreement or is licensed by any government department to carry out its day-to-day practice duties. The Client agrees to not hold the Service Provider responsible for any legal judgement.
- Any costs resulting from any action taken against the Client by a Support Publishing Firm including any legal fees or other costs the Client incurs will be fully indemnified by the Service Provider where the Client has not entered in to a legitimate legally binding order with that firm.
- Any costs resulting from any action taken against the Client by a Support Publishing Firm including any legal fees or other costs the Client incurs shall not deem the Service Provider liable for responsibility of costs where a legitimate legally binding order was entered in to by the Client with that firm.
- The Service Provider is not a charity and has no association, link, partnership or involvement with any charity and does not donate any money to any charity.
- The Service Provider accepts no liability for loss or damage (direct, indirect or consequential) including all loss of profit or business arising out of any single claim, event, or series of related claims or events (including claims based on negligence).
- You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties.
- The Service Provider will use personal information which we hold about the Client to provide our Services and products to the Client, for credit control and market research purposes and to inform the Client about our other Services, products or events we provide that we believe may be of interest to the Client. The associated costs involved with other Services that the Service Provider offers will be advised in writing. The Service Provider may only share the Clients information with staff or other specialist networks with the sole purpose of undertaking the task provided and stated in section: – Services. The Client has the right, by written request, to a copy of any personal data (as defined in the Data Protection Act 1998) which the Service Provider holds about the Client.
- The Service Provider grants license to the Client to insert the TAPA Consumer Logo on to any stationary and websites pertaining to the trading style in this Agreement only. The Service Provider does not permit licensed use of the TAPA Consumer Logo on to any other stationary relating to any other trading style associated with or trading separately to the trading style in this Agreement. The Service Provider will provide the TAPA Consumer Logo to the Client in various files by way of CD / DVD format or by way of email.
- The Service Provider reserves the right to make changes to these terms and conditions from time to time. Any changes will be notified in writing to the Client.
- Contracts from a limited company are accepted on condition that all the directors of the company are personally, jointly and severally liable for any sums due to the Service Provider for costs, expenses and VAT.
- If the Client is unhappy with any aspect of the Service provided by the Service Provider, the Client should contact our Head of Client Services. Any complaints will be dealt with sympathetically and the Service Provider will work with the Client to reach a satisfactory conclusion.