Advertising Terms and Conditions
These Advertising Terms and Conditions (“Conditions”) are entered into between:
Barcelonadirectory.com and (The person or organisation named on a Confirmation of Order (“you”, “your”)
each a “Party” and together the “Parties”.
You can give notice by emailing to barcelonadirectory.com
In these Conditions:
“Advertisement” means any advertisement for publication on Barcelonadirectory.com Services.
“Advertisement Order” means a document, webpage or electronic communication which you complete and submit to us, under which you offer to purchase or subscribe to one or more Services from us or to modify, extend or renew any existing Service.
“Agreement” means the agreement between the Parties as set out in the Confirmation of Order and inclusive of these Conditions and applicable Service Rules.
“Business Day” means a day other than Saturday, Sunday on which banks are open for trading in England.
“Business Details” means the following full and accurate information:
Address in the Barcelona city;
“Business Hours” means working hours on each Business Day.
“CAP Code” means the Code of Non-Broadcast Advertising, Sales Promotion and Direct Marketing.
“Charges” means our charges for performing the Services including on the Fixed Fee, Fixed Term, Monthly Rolling (in which case the charge payable for each month of the Term) or Pay for Performance basis.
“Claims” means any claim including demands, threatened or filed proceedings, fines, awards, penalties howsoever arising including any liability, damages, or cause of action.
“Clicks” means the action of following a hyperlink on an Advertisement to another website or another page or frame.
“Confirmation of Order” means a document, webpage or electronic communication which we send to you, under which we expressly accept the offer to purchase set out in the Advertisement Order.
“Content” means any creation of intellect and includes code, text, layout, design, shading, colouration, images, audio, animation, video and links.
“Credit Agreement” means a credit agreement regulated by the Consumer Credit Act 1974, which to the extent entered into between you and us provides a running account credit facility to finance your purchase of Services.
“Direct Debit” means a payment arrangement involving automated bank transfers on agreed dates from your nominated bank account to our nominated bank account.
“DPA” means the Data Protection Act 1998.
“Effective Date” means the date of the Confirmation of Order.
“Fair Usage” means we will make amendments such as wording changes and graphics adjustments at your request however limited such that we may refuse to make further amendments where the extent or frequency of amendments is deemed by us in our sole discretion to be excessive or may detrimentally affect other customers (for example where it would require disproportionate allocation of resources to complete the amendments as requested), and we shall have the right to terminate or suspend your Service immediately upon written notice if we are unable to reach a compromise with you in respect of refused amendments.
2. Binding Contract
2.1. These Conditions and the Service Rules applicable to each Service as at the date of the Advertisement Order are incorporated into the Agreement which comprises a legally binding contract between you and us.
2.2. Your submission of an Advertisement Order to us shall comprise an offer, and our delivery of a Confirmation of Order to you shall comprise acceptance. The Agreement shall become binding upon our issuing a Confirmation of Order to you, unless you notify us of any material difference between the Services intended on the Advertisement Order and the Services on the Confirmation of Order within five Business Days after which you shall be deemed to warrant the Confirmation of Order correctly identifies and particularises the Services and sets out the terms and conditions of the contract between the Parties.
2.3. We may send you an Interim Letter setting out the particulars of the Advertisement Order. Unless notified to the contrary before a Confirmation of Order is sent the Interim Letter shall be deemed to correctly set out the terms of the Advertisement Order.
2.4. No binding contract shall be formed by the Interim Letter, which shall remain subject to our acceptance by the Confirmation of Order.
3. Order of Precedence
3.1. In the event of any conflict between these Conditions, any applicable Service Rules, the Confirmation of Order, or the Advertisement Order, the order of precedence shall be: (i) the Confirmation of Order, (ii) the applicable Service Rules, (iii) these Conditions. No terms or conditions expressed within the Advertisement Order shall be binding upon the Parties unless expressly set out in the Confirmation of Order.
3.2. In the event of any conflict between the Agreement and a Credit Agreement, the Credit Agreement shall take precedence.
4. Our Responsibilities
4.1. We shall endeavour to make barcelonadirectory.com available to users at all times.
4.2. We shall perform the Services in the Confirmation of Order, in accordance with Good Industry Practice and the applicable Service Rules.
5. Your Responsibilities
5.1. You shall provide us with any Content reasonably required to perform the Service and in a suitable format as specified by us. We shall have the right to change Content provided by you as we deem necessary or convenient to provide or optimise the Services.
5.2. You shall take such reasonable steps as are required to receive or maintain the Service where the nature of the Service requires your periodic attention, including maintaining your own computer systems.
5.3. To the extent that the provision of a Service concerns a website or your business has a pre-existing website or presence on third party directories to the extent the Content concerns your business you grant to us the right to access, copy, store, compile, recompile and index such website and any Content comprised therein, including by automated means such as web ‘spiders’ or ‘crawlers’. You warrant that you have all necessary IPR to grant such rights. All terms and conditions applicable to such website shall be excluded as between the Parties.
5.4. You are responsible for arranging your online access to the Services and for paying any relevant fees, for example, to your broadband supplier. You are also responsible for having all the necessary equipment for accessing the Service.
5.5. You shall be responsible for taking and maintaining backups of any Content for which you have IPRs for use beyond the scope of the Services or beyond the Term. We are not responsible for storing any Content associated with the Service following termination or expiry of the Services for any reason.
6. Content Issues
6.1. We shall have the right to decline, suspend or cease to publish any Advertisement or part of any Advertisement, or suspend any Service, immediately and without prior notice, where:
An Advertisement provides an address (including a branch address) that is not a genuine trading address or otherwise includes inaccurate business and contact particulars;
An Advertisement includes a competition which is in breach of relevant advertising, trading or consumer protection laws, regulations or standards;
An Advertisement includes the personal data of any data subject without the clear and explicit opt-in consent of the data subject;
We consider the Content is or may be contrary to or infringes the Advertising Policy, Service Rules, the terms of any law, or the rights of any person;
We consider the Content may subject us to a Claim, prosecution, criticism or embarrassment;
We consider any Content (including a hyperlinked external website) or your use of the Services is or may be unlawful, misleading, offensive, prejudicial, inflammatory;
You have failed to provide any information or document requested by us pursuant to clause 6;
You have notified us that the display of Content on our Service submitted with a CFSA Customer Declaration may constitute a breach of the Financial Services Regulatory Regime and you fail to provide suitably amended, and where relevant certified, Content within the time specified by us or where such notification has been given in insufficient time to enable us to process any amendment to the Content before the commencement of the publication period of an Advertisement as set out in the CFSA Customer Declaration;
The Content does not comply with any rules or conditions from time to time applicable to third party services or External Element with which it shall be used including but not limited to Facebook and Google advertising; or
We have reasonable grounds to believe that the owner or controller of IPR in Content used within the Advertisement has not granted, has withheld or withdrawn permission for such use.
6.2. Suspension of your Advertisement or Service pursuant to this clause shall not relieve you of the obligation to pay the Charges in respect of the relevant Service. The suspension shall cease as soon as reasonably practicable following resolution of the circumstances giving rise to the suspension.
6.3. Where we have a right of termination or suspension arising from an issue relating to Content (“Content Issue”) we shall have the right but not the obligation to change the Content without prior notice as we deem necessary or convenient to remedy the Content Issue. We shall notify you of the change as soon as reasonably practicable.
7. Free Services
7.1. Free Services shall be provided on an “as is” and “as available” basis. We shall have the right to terminate Free Services, without liability, at any time, for any or no reason, immediately without notice. These Conditions and the applicable Service Rules shall apply to any Service when provided as a Free Service.
7.2. As consideration for receiving the Free Services, you consent to take part in email or telephone feedback and market research surveys from time to time while you are receiving the Free Services, and for six months afterwards. We shall own all IPR in information so collected and shall have the right to use such information without restriction including in our advertising, promotions and sales and marketing materials.
8. Trial Services
8.1. We shall provide Trial Services for the time period specified in the applicable invitation to treat, offer, promotion or Service Rules (“Trial Period”) as a Free Service.
8.2. The Trial Services will be automatically cancelled at the end of the Trial Period. If you want the service to continue after the end of the Trial Period, you will have the option to place an Order for a Service of the same Service category. Some of the basic options for the Services you might order may be Free Services.
8.3. Trial Services are not transferable and no cash alternative will be provided. We reserve the right to change or withdraw the Trial Services at any time and we will not be liable to you in these circumstances.