Terms and Conditions

The following terms and conditions apply to your use of The Construction Index Ltd Services ('services') including The Construction Index Directory / Search Engine and The Business Index Directory / Search Engine ('the directory'), The Business Index Website and The Construction Index Website ('the website').

By purchasing the right to use the services of The Construction Index Ltd (TCI) you agree to these Terms and Conditions.

• 1. General
  • 1.1 These conditions set out the standard conditions for the provision of services to the exclusion of all other written or verbal representations, statements, understanding, negotiations or proposals.
  • 1.2 No servant or agent of TCI has authority to agree any variation or addition to these terms and conditions.
  • 1.3 Any other terms and conditions proposed shall be void unless accepted by TCI in writing.
• 2. Definitions
  • In these conditions the following words shall have the following meanings:
    • 'Advertisement' means the display of online classified advertising and shall include all banners, assets, supplements and re-directed advertisements.
    • 'Advertiser' means the person whose goods or services are advertised.
    • 'Buyer' means the person placing the order for the insertion of the advertisement and the Directory.
    • 'Directory' means the directory contained in TCI website and shall indicate the Advertisers details accessible to third parties.
    • 'Data' means all information contained in the advertisement, the website and the directory.
    • 'Go Live Date' means 1 calendar month from Order date.
    • 'Services' means all there services that TCI offers including advertisements and directory listings.
    • 'Order date' means the date as indicated on this order form.
    • 'Termination' means that either party can terminate this agreement as set out in Clause 10.
    • 'Website' means www.theconstructionindex.co.uk, www.theconstructionindex.com, www.the-businessindex.co.uk, www.the-businessindex.com
• 3. Authentication of Data
  • 3.1 Users of The Construction Index Ltd (TCI) are responsible for ensuring that information ("Data") provided by them for the Directory is complete, accurate and up to date. We shall have no obligation to verify any Data and no liability for incomplete, inaccurate or out of date Data.
  • 3.2 While you are registered with TCI you will be able, using your password, to enter and change the Data in the Directory that relates to your company or organisation. You warrant that you are authorised by your company to enter and change Data.
• 4. Our Use of Data
  • The Data you provide relating to your company will be published by us in the Directory for use by users of the Directory in accordance with these terms and conditions.
• 5. Your Use of Data
  • 5.1 You may search, view, download and print Data in the Directory, as permitted by the functionality available as part of the Directory, for the purpose of your business. You may use the contact details provided by any individuals or company for the purpose of sending relevant business enquiries to that individual or company and for no other purpose.
• 5.2 You may not:
  • "Use contact details provided by any individual or company to send or communicate general marketing material or information;
  • "Publish or re-sell any Data from the Directory or content from the Website;
  • "Copy, modify or de-compile the whole or any part of the software contained in the Directory;
  • "Use Data from the Directory to create general mailing lists;
  • "Use the contact information or the communication functionality provided in the Directory to send any offensive, vexatious or illegal messages or materials;
  • "Publish or re-sell the taxonomy contained within this website, or any part thereof.
• 6. Password
  • You may not disclose your password to any other person.
• 7. Denial of Access
  • 7.1 If we reasonably believe that you are using the Directory in contravention of these terms and conditions we may terminate your access to the Directory and delete your company's Data.
• 8 Availability of Directory and Website
  • 8.1 We give no warranty that the Directory, the Website or any part of their functionality, will be available at any given time or times. We may at our discretion remove or add elements of functionality.
• 9. Use of Data by Third Parties
  • 9.1 We shall use all reasonable efforts to investigate any misuse of the Directory and the Data that is reported to us. Any action in addition to denial of access to the Directory will be at our complete discretion.
• 10 Removal of Data
  • 10.1 We may remove from the Directory Data relating to your company if:
    • "Your company becomes insolvent, goes into liquidation or ceased to trade; or
    • "You or any other person associated with the company is in breach of these terms and conditions.
• 11. Termination
  • 11.1 TCI 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 Buyers assets, or any indication whatsoever of financial difficulties including non-payment of invoice, cancelled direct-debit mandate or cancelled standing order mandate.
  • 11.2 The Buyer reserves the right to cancel any order without liability within 28 days of the order date provided TCI is notified in writing, sent by recorded delivery post. TCI does not accept cancellation made by email or facsimile transmission.
• 12. Buyer to Contract as Principal
  • 12.1 The Buyer warrants that the Buyer contracts with TCI 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 warrants that it is authorised by the Advertiser to place the advertisement with TCI.
• 13. Prices and Payment Terms
  • 13.1 Prices set out by TCI from time to time are subject to revision at any time and orders are accepted on the condition that the price binds TCI only in respect of the period specified on this order form.
  • 13.2 Prices are exclusive of applicable Value Added Tax which the Buyer shall additionally be liable to pay to TCI.
  • 13.3 Credit 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 3% above the Bank of Englands lending rate.
  • 13.4 Standing order payment/direct debit payments can be arranged at the time of the buyer placing the order, however this is subject to status and spend and wholly at the discretion of TCI. If a completed Standing order Mandate is not received within 14 days of the date of the order TCI reserve the right to request payment in full immediately whereupon any outstanding balance is payable fourthwith. The failure to supply a valid standing order mandate does not cancel your obligation under this contract.
  • 13.5 TCI do not offer a monthly service on any product or advertising package. Any advertising contract entered into must be paid in full. In some instances TCI may agree the total payable balance may be paid by instalments. Instalments may not be cancelled. If at any point agreed instalments are not paid, TCI reserve the right to request payment of the remaining balance in full immediately.
  • 13.6 If payments of any sum due to TCI is not made when due the Buyer will be responsible for all reasonable administrative costs, collection costs and court fees incurred by TCI in connection with the Debt.
• 14 Limitations of TCI's Liability
  • 14.1 TCI shall not be liable for any loss or damage suffered by the Buyer as a result of any error, in or omission from or of an Advertisement. TCI will either reinsert the Advertisement or relevant part of the Advertisement in a subsequent upload or make a reasonable refund of or adjustment to the price paid by the Buyer. No additional upload, refund or adjustment will be made for any other error or omission and TCI will not accept any liability in respect of error or omissions whether or not arising from negligence.
  • 14.2 The total liability of TCI to the Buyer for any act or omission of TCI, its servants or agents relating to any Advertisement shall not exceed the amount of a full refund of any price paid to TCI for the Advertisement or the cost of a reasonably comparable further or corrective Advertisement. Without limiting the foregoing, TCI shall not be liable for any loss of profits or business or for indirect or consequential loss.
  • 14.3 TCI accepts no responsibility for the quality of reproduction of any photograph supplied by the Buyer, its agents or servants.
  • 14.4 TCI offers the use of an 0845 telephone number but this number cannot be guaranteed and TCI will not be responsible for any losses arising from a disruption of service or other failing in the use of this number
• 15. Buyers Warranties and Indemnities
  • Transactions between Buyers and Third Parties
    • 15.1 Transactions between Buyers and third parties through the website, TCI provides an electronic web based platform for exchanging information between Buyers and suppliers of products and services. TCI does not represent the Seller or the Buyer in specific transactions and does not charge any commission from completing any transactions. As a result TCI does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the website or the ability of the suppliers to complete a sale or the ability of the Buyer to complete the purchase.
    • 15.2 In the event that any user has a dispute with any party to a transaction, such user agrees to release and indemnify TCI (and or agents, applicants, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
• 16. Online Advertising
  • 16.1. TCI make no guarantees as to search engine placement for any product offered or sold. Any product sold with the intent to rank within search engines is sold on probability and or speculation, not certainty.
  • 16.2 Any TCI page within any search engine may cease to appear at any time. TCI will not be liable for any loss of business as a result of search engine changes, updates and or positioning.
  • 16.3 The Buyer must deliver complete creative content to TCI at least 2 working days before 9 am on the go-live date in a format which complies with TCI's online ad formats for such content. To cancel or alter an order the Buyer must inform TCI by e-mail or fax to the number or address on the order, at least 2 working days before 9 am on the go-live date otherwise, TCI may not be able to achieve the specified go-live date but the Buyer must pay the full amount irrespective of whether any delivery target for impressions have been met.
  • 16.4 If the Buyer is supplying creative content in the form of a redirected advertisement the Buyer must inform TCI by email at least one working day prior to go-live date or change of creative of all the creative to be used in rotations and before creative content is changed following the go-live date.
  • 16.5 If an Advertisement links to another site, the Buyer is responsible for maintaining the link and for the content of the linked site. TCI may remove any Advertisement which contains content or links to a site which, in TCI's opinion, is defamatory or objectionable or will bring TCI into disrepute. The Buyer will indemnify TCI from and against any claims or liability arising from links contained in an Advertisement.
  • 16.6 If TCI receives complaints about the content of an Advertisement it may, at its discretion, remove the Advertisement from display without reference or liability to the Buyer.
• 17. Recruitment Advertising
  • 17.1 Any Buyer or Advertisers who is either an employment agency or an employment business (as defined by the Employment Agencies Act 1973) ("the Act") must ensure that Advertisements comply with their obligations under the Act and the Conduct of Employment Agencies and Employment Businesses Regulations 2004.
  • 17.2 Buyers and Advertisers agree to deal fairly and professionally with individuals who may respond to a recruitment related Advertisement and to indemnify TCI from and against any claim brought by an individual against TCI arising from a breach of this obligation or any other of these terms and conditions.
  • 17.3 TCI does not guarantee any response to recruitment related Advertisements or those responses will be from individuals suitable for the job advertised. It is the Advertisers responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the job advertised and have the required qualifications and personal characteristics.
• 18. Notices
  • 18.1 The buyer address for service shall be the address shown on this Order form as the Buyers address or an address notified to TCI as an address to which invoices and other notices may be sent.
  • 18.2 TCI address for service shall be: TCI, 24 Meadowbank Hitchin, Hertfordshire, SG4 0HY.
• 19. Governing Laws
  • 19.1 These terms and conditions will be interpreted in accordance with the laws of England and Wales.
• 20. Data Protection
  • 20.1 By entering your personal email address you agree to receive at that email address:
    • "Communications from other users of The Construction Index Directory; and
    • "Communication from us relating to your entry as described on the registration page;
    • "Other communications from us, our associated companies and relevant third parties.
• 21. Intellectual Property Rights
  • 21.1 All database rights and other Intellectual Property Rights in the Directory and the content and software contained in the Website belong to TCI. Your rights in these materials are limited to those specifically granted by these terms and conditions.
• 22. The Construction Index Limited does not permit the use of the website or the details displayed within it for advertising or sales canvassing purposes in anyway. Users accessing the site accept a penalty charge of £5,000 for the misuse under these terms and conditions. You will also be liable of all court fees and all additional costs related to the recovery of this fixed penalty.

The Construction Index Tenders Service Disclaimer

The Construction Index maintains this website to enhance public access to information about public tenders in the UK. Our goal is to keep this information timely and accurate. If errors are brought to our attention, we will take the necessary actions. The Construction Index accepts no responsibility or liability whatsoever with regard to the information on this site. Despite the care taken, data entry errors of the notice sent for publication to The Construction Index could have escaped our attention. The Construction Index accepts no responsibility with regard to errors that have not been communicated. It is our goal to minimise disruption caused by technical errors. However some data or information on our site may have been created or structured in files or formats that are not error-free and we cannot guarantee that our service will not be interrupted or otherwise affected by such problems. The Construction Index accepts no responsibility with regard to problems incurred as a result of using this site or any linked external sites.

The Construction Index Forum Terms and Conditions of Use ('the Terms').

These Terms apply to every person posting or reading material on The Construction Forum.

• 1. Your Responsibilities
  • 1.1 When posting or reading you agree:
    • 1.1.1 to keep your user name and password secure at all times and to contact us by emailing us at enquiries@theconstructionindex.co.uk immediately if you have reason to believe that they may no longer be secure;
    • 1.1.2 not to use any other user's identity to log on to The Construction Index Forum;
    • 1.1.3 to accept full responsibility for any material you place on The Construction Index Forum;
    • 1.1.4 only to use The Construction Index Forum for lawful purposes;
    • 1.1.5 not to post defamatory, abusive, offensive, racist, sexist, threatening, vulgar, obscene, hateful or otherwise inappropriate comments, or to post comments which will constitute a criminal offence or give rise to civil liability, on The Construction Index Forum;
    • 1.1.6 not to use The Construction Index Forum to solicit other users to become users of competitive online services, to advertise or offer to sell any goods or services for any purpose, or to appeal for full-time jobs/land to buy or to post other 'wanted' appeals such as land to shoot across, or to promote any surveys, contests or chain letters in the form of usernames or posts without the express written permission of The Construction Index Forum;
    • 1.1.7 not to post or make available any material which is protected by copyright, trade mark or other proprietary right on The Construction Index Forum without the express permission of the owner of the copyright, trade mark or any other proprietary right and you will be solely liable for any damages resulting from any infringement of the above;
    • 1.1.8 not to upload to The Construction Index Forum files that contain viruses or files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information in the possession of The Construction Index Forum or any third party, and you will be solely responsible for any damages from any claims that may arise because you posted files that caused damage to the operation of another person's software, hardware or telecommunications equipment; and
    • 1.1.9 to evaluate for yourself the accuracy, completeness or usefulness of any opinion, advice or other content in The Construction Index Forum
• 2. Complaints
  • 2.1 If you wish to complain about anything posted on The Construction Index Forum please use the "Report Abuse" feature and include details of your complaint, what action you would like us to take and how we can contact you. Please note that we will deal with the matter as we see fit, but that we will take note of your views.
• 3. Monitoring
  • 3.1 When users submit material to The Construction Index Forum they are posted automatically. If our attention is drawn to problematic material we may edit or remove any material which we deem to be inappropriate without giving reason or notice.
  • 3.2 We may temporarily or permanently deny any user's access to The Construction Index Forum without reason or notice.
  • 3.3 We may refer any matter to a law enforcement agency or Court of competent jurisdiction where we consider a matter is of a criminal or unlawful nature.
• 4. Your Identity and Licence
  • 4.1 You acknowledge that (except where explicitly stated) materials shared on The Construction Index Forum are not private and can be viewed by everybody who visits The Construction Index Forum, that other users will be able to identify (by username) who has posted each piece of material and that the username (and any profile details they have provided) of who is logged on to The Construction Index Forum at any given time may be visible to all users.
  • 4.2 You should log off The Construction Index Forum when you have finished posting to prevent anyone else accessing the site and using your log-on identity. This is particularly important where other people may use the same computer as you, such as in internet cafes. If you do not log off, you may be deemed to be the person viewing or posting material unless you can prove otherwise.
  • 4.3 The technology behind The Construction Index Forum logs users' IP addresses and uses cookies (small computer files which are placed on your computer's hard drive by our web server) so that we can track your activities and so that you can move around easily between different parts of the site once you have logged in. If you do not wish to allow us to place cookies on your computer please refer to your web browser's Help menu for instructions on how to refuse cookies. Please note that if you refuse to accept cookies you may restrict your ability to use The Construction Index Forum.
  • 4.4 We reserve the right to reveal your identity and contact details to third parties if we believe that you may have breached any of the Terms.
  • 4.5 For your own safety and security, we recommend that you do not disclose personal information such as your password, credit card number, home address, email address, phone number etc., on The Construction Index Forum.
  • 4.6 By posting material on The Construction Index Forum, you grant all other users the right to obtain access to such material and to view, store and reproduce them for personal use.
• 5. Limitation of Liability and Exclusion of Warranties
  • 5.1 You acknowledge that the author of each posting on The Construction Index Forum is responsible for his or her comments.
  • 5.2 Insofar as the law permits, we shall not be liable for any loss, damage or distress incurred as a result of material posted on The Construction Index Forum.
  • 5.3 We are not responsible for the accuracy, veracity or reliability of any opinion, advice or statement made on The Construction Index Forum and such communications shall not be considered to be reviewed, screened, monitored, edited or approved by us.
• 6. Indemnity
  • 6.1 You acknowledge that you are responsible for any material that you post on The Construction Index Forum and that if you breach any of the Terms you may be personally liable to any third party that suffers harm as a result.
  • 6.2 You agree to indemnify and keep indemnified us, our successors and assigns, our directors, trustees, offices, employees and agents from and against all liabilities, claims, losses, costs, damages and expenses including legal fees which are reasonably incurred by us should you breach any of the Terms.
  • 6.3 The indemnity detailed in clause 6.2 includes your use of the information you read in The Construction Index Forum, together with any introduction or collaboration that you enter into as a result of participating in The Construction Index Forum.
• 7. General
  • 7.1 We reserve the right to modify the Terms at any time without notice.
  • 7.2 The Terms shall be governed by and interpreted in accordance with English law.

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