Internet Advertising Terms & Conditions
The following terms and conditions apply to your use of The Construction Index Ltd Service including The Construction Index Directory / Search Engine ('the directory'), 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.
- 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 We shall have no obligation to verify any Data and no liability for incomplete, inaccurate or out of date Data.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.
- 10.1 We may remove from the Directory Data relating to your company if:
- 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: 1 March Enterprise Park, Thorby Avenue, March, Cambridgeshire, PE15 0BD.
- 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.
- 20.1 By entering your personal email address you agree to receive at that email address:
- 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.
Magazine Advertising Terms & Conditions
Advertising standards, legal obligations and third party rights
You confirm and warrant to us that the copy you provide and the publication by us of an advertisement pursuant to an order will:
- Be legal, decent, honest and truthful;
- Not result in a breach of any relevant code of practice, including other provisions of the advertising standards code of practice
- Not breach any legislation;
- Not be defamatory;
- Not infringe any copyright, trademarks or other legal rights of any person or company and that you have received any consent needed to refer to or portray people (expressly or impliedly) in the advertisement.
- When appearing on The Construction Index (TCi) website will not contain hyperlinks or metatags linking to the advertiser’s own website unless express prior permission has been granted by TCi.
- To indemnify us in respect of all costs, damages and other charges we incur or to which we are subject as a result of publication of any advertisement pursuant to your order where there is a breach of any warranty given by you to us;
- Not to be in breach of contract in relation to the order/advertisement;
- That we may store, reproduce and distribute copy relating to any advertisement, including by electronic means;
- That we may record and use your details to perform our obligations under these conditions and publish your advertisement (including by passing them to other group companies and/or sub-contractors as reasonably necessary to do so);
- If you are an agency acting for a client, that we may provide a proof of the advertisement direct to the client for approval by whatever means we deem appropriate;
- That we may hold your details on record for a reasonable period and contact you about future advertising opportunities which we believe may be of interest to you.
- That any material submitted by you is held by us at your own risk and should be insured by you against loss or damage from what ever cause. We reserve the right to destroy without notice all such property after the date of its last appearance in an advertisement unless you have given written instructions to the contrary.
We are not obliged to accept a cancellation request. All magazine cancellations must be made in writing a least one calendar month prior to the publication date. All other cancellations should be made within seven working days of publication, print date.
If we accept a cancellation for part of a series of advertisements, we may surcharge you for any insertions in that series which are not cancelled.
We retain copyright (and any other intellectual property rights) in all our artwork, copy and other materials in any advertisement (even if combined with any of your copyright materials). In addition, you agree that we own the copyright in the typographical arrangement of all advertisements. No copy in any form will be returned unless agreed in writing by us at the time of placing the order.
We will not be liable for accidental loss or damage to your copy, including artwork and photographs, in any format. Accordingly, our liability for non-accidental damage to your copy will be limited to the value of the medium in which they are embodied.
Errors, omissions or inaccuracies in Advertisements
We will not be liable for:
- Any error (including but not limited to spelling and text errors), misprint, inaccuracy or omission in Advertisements, a proof of which has been agreed by you;
- Any error (including but not limited to spelling and text errors), misprint, inaccuracy or omission in an Advertisement, if that error is notified to Us more than one week after its publication;
- Any error (including but not limited to spelling and text errors) misprint, inaccuracy or omission in a second or subsequent Advertisement in a series;
- Any error (including but not limited to spelling and text errors) misprint, inaccuracy or omission in an Advertisement which does not detract from the essence of that Advertisement.
Should you fail to provide artwork by the specified date, your advert will not be included in the magazine. However, you will still be liable for, and expected to settle the invoice in full.
Where we acknowledge an error on our behalf (including but not limited to spelling and text errors) misprint, inaccuracy or omission. We will at our discretion, either publish the corrected Advertisement, or depending upon how payment was made, issue a credit note or refund, to a value not exceeding the price of the advertisement and this will be the limit of our liability in respect of the error, misprint, inaccuracy or omission.
The Construction Index magazine is printed in 4 colour process. This includes, Cyan, Magenta, Yellow and Black. We do not print any “spot” “special” or “Pantone” inks/colours. Any artwork supplied with spot and or pantone colours, will be converted to 4 colours. Any difference between the spot/pantone ink and the 4 colour version, is not our responsibility. Additionally, you acknowledge that we shall have no liability for any colour variations, in the final publication of any advertisement.
Except where we state otherwise, all prices are exclusive of VAT.
You will pay for an Advertisement on placing an order, unless credit terms have been agreed. You will be sent an invoice unless you have pre-paid (or a standing order arrangement is in place), in which case you will only be sent an invoice if you request one, statements and invoices will be issued via email only.
Credit terms are that payment is due fourteen days from the date of invoice, unless you apply for and we grant, a monthly account by standing order.
A query on an item on an invoice issued by TCi will not affect the time at which you are liable to pay the rest of that or any other invoice issued by us.
If you do not pay a sum due to TCI by the due date, all sums due by you to TCi become payable on the due date for the sum not paid and we may suspend further advertising for you and charge you compensation and interest according to the Late Payment of Commercial Debts (Interest) Act 1998.
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.
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.
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