Brackley.co.uk terms & conditions
Party or parties
Brackley.co.uk is solely owned by Clockwork Design Ltd and registered to 17 Valley Road, Brackley, Northamptonshire NN13 7DQ.
Brackley.co.uk is a premium local Business Directory, that offers an ideal platform to advertise your business products and services.
You are a Subscriber that wishes to make full use of Brackley.co.uk’s services and indicates by signing up for the Services that they have read, understood and agreed to these Terms and Conditions to the exclusion of all others.
Both are singularly a Party to, or are jointly Parties to, this Agreement.
Access to our website
We reserve the right to withdraw or amend the Service we provide on our website without notice.
We will not be liable if for any reason our site is unavailable at any time or for any period.
The Subscriber agrees that we shall not be liable to the Subscriber or to any third party for any modification, suspension or discontinuance of the Service.
Using the website
The Subscriber is responsible for making all arrangements necessary for the Subscriber to have access to our site.
The Subscriber is also responsible for ensuring that all persons who access this website through the Subscriber’s internet connection are aware of these terms, and that they comply with them.
This website may only be used for lawful purposes. The Subscriber cannot use the website:
- for any unlawful purpose;
- to promote any illegal activity, violence and sexually explicit material;
- to promote any form of discrimination,
- to harm, threaten, defame abuse or harass another person in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or unacceptable;
- to create, check, confirm, update or amend someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
- to provide any kind of customer lists or commercial information service;
- as a source of material or contact data for any kind of marketing activity;
Providing material to Brackley.co.uk
If the Subscriber provide any material to the website, the Subscriber agrees to grant us permission, free of charge, to use the Subscriber’s material in any way we want (including altering and adapting it for operational or editorial reasons) in any media worldwide. In certain circumstances, we may share the Subscriber’s material with other trusted organisations.
After emailing the Subscriber’s material to the website, The Subscriber continue to own that material, and the Subscriber continues to have the right to use the Subscriber’s material in any way the Subscriber chooses.
Please choose carefully any information the Subscriber posts on the website, as it will be available for public viewing. By providing any material to the website, and for us to be able to use it, the Subscriber confirms that:
- The Subscriber’s material is the Subscriber’s own original work or the Subscriber is authorised to provide it to the website;
- The Subscriber’s material is not defamatory (that is, it does not damage someone’s good reputation), does not take away or affect any other person’s privacy rights, copyright, contract rights or any other rights, and does not otherwise break any laws of England and Wales; and
- That the Subscriber has the right to give us permission to use it for the purposes specified above.
- The Subscriber acknowledges and accepts that we do not have a duty to publish any material the Subscriber has provided.
- Any hyperlinks to external websites included within subscriptions will be non-indexable.
We have the right to:
- reject or refuse to post any material the Subscriber has provided;
- remove any material from the website, whether or not the material goes against any of these conditions; or
- restrict, suspend or stop the Subscriber’s access to all or any part of the website at any time.
- If the Subscriber does not want to grant us the permission set out above on these terms, please do not provide any material to the website.
Listing on Brackley.co.uk
All listings are for a 12 month period.
The Subscriber understands and agrees that upon subscribing for a listing for the Subscriber’s business, said listing will not automatically renew on the date of expiration except where the Subscriber notifies Brackley.co.uk of their wish to renew 30 days prior to the subscription’s expiration date.
Where renewal is requested by the Subscriber and accepted, the renewal shall be performed in accordance with the manner of payment originally chosen by the Subscriber, at the price rate of the original subscription.
A listing for one company cannot be substituted for a listing for another.
Subscribers can cancel their subscription at any time by contacting us, with termination taking effect from the end of the validity period covered by the last annual payment made.
For instances where a Subscriber requires a listing to be removed immediately, please contact us.
A refund for the remaining subscription period will not be offered.
If a Subscriber removes their listing within the 12 month period any reinstatement of the said listing will be charged at the price rate of the original subscription.
The Subscriber’s dealings with other Subscribers or Companies and any entity whatsoever as found through this Directory and this Service are solely between the Subscriber and such Company, Partnership or entity.
The Subscriber agrees that we will not be responsible or liable for any loss or damage of any sort incurred as the result of such dealings or as the result of the presence of a listing on this Service.
The Subscriber agrees to indemnify and hold Brackley.co.uk, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of:
- sites the Subscriber submits, or makes available through the Service, the Subscriber’s use of the Service; or
- the Subscriber’s connection to the Service; or
- the Subscriber’s violation of the Terms and Conditions;
- or the Subscriber’s violation of any rights of another.
Disclaimer of warranties
The Subscriber expressly understands and agrees that:
- The Subscriber’s use of the service is at the Subscriber’s sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchant ability, fitness for a particular purpose and non-infringement.
- We make no warranty that:
- the service will meet the Subscriber’s requirements, or
- the service will be uninterrupted, timely, secure, or error-free; or
- the results that may be obtained from the use of the service will be accurate or reliable, and
- the quality of any products, services, information, or other material purchased or obtained by the Subscriber through the service will meet the Subscriber’s expectations.
- No information, whether oral or written, obtained by the Subscriber from Brackley.co.uk or through the Service shall create any warranty not expressly stated in the Terms and Conditions.
Limitation of liability
The Subscriber expressly understands and agrees that we shall not be liable for any damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from;
- the use of the inability to use the service; or
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; or
- statements or conduct of any third party on the service; or
- any other matter relating to the service.
Brackley.co.uk respects the intellectual property of others, and we expect our users to do the same.
If The Subscriber believes that the Subscriber’s work has been infringed or the Subscriber’s intellectual property rights have been otherwise violated, please provide us with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; and
- a description of the infringed copyrighted work; and
- a description of where the infringing material is located on the site; and
- the Subscriber’s address, email address, and telephone number; and
- a statement by the Subscriber that the Subscriber has a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
- a statement by the Subscriber, made under penalty of perjury, that the above information in the Subscriber’s Notice is accurate and that the Subscriber is the copyright owner or authorized to act on the copyright owner’s behalf.
This Agreement shall be interpreted construed and enforced in accordance with the laws of England and Wales.
The parties irrevocably agree to submit to the exclusive jurisdiction of the courts of England over any claim or matter arising under or in connection with the subscription or its subject matter or formation (including non-contractual disputes or claims).
If at any time any question, dispute or difference whatsoever shall arise as to the formation, meaning, operation, validity or effect of the Agreement or the rights, duties or liabilities of the parties under or by virtue of it or otherwise or any other matter in any way connected with or arising out of the subject matter of the Agreement, either party may give to the other notice in writing of the existence of such question, dispute or difference and the same shall be referred to a mutually agreed Third Party Mediator within 14 days of such notice.
If an attempt at Mediation as in Clause 14 should fail then the dispute or difference shall be referred to the arbitration of a single arbitrator to be agreed upon by the parties within 14 days of the failure of such an attempt, or in default of such agreement, to be nominated by the President for the time being of the Law Society of England and Wales such arbitration to be conducted in accordance with the Arbitration Act 1996.
Term and termination
The initial period of the subscription will commence on the date that the Subscriber’s listing goes live. This term shall last for a period of 12 months, subject to the termination provisions below.
Subsequent periods of Service Provision shall last for a period of 12 months each and will follow on from a previous period, without interruption, subject to the fulfilment of the Client’s obligations under this Agreement. All subsequent periods are subject to the termination provisions below.
Either party may terminate this Contract immediately in the event that:
- Either party commits a serious, grave or material breach or persistent breaches of this Contract including non performance, default or neglect of its duties, responsibilities and obligations under this Contract, and
- Such breach remains unremedied for a period of 30 days from written notice given by the other party specifying the breach and requiring its remedy; or
- Such breach is not capable of remedy.
Brackley.co.uk reserves the right to terminate this Agreement at any point with one months notice at Brackley.co.uk’s discretion.
The Subscriber may request the termination of the Service and this Agreement by written notice, 1 month in advance.
Both parties shall keep in strict confidence all information which are of a confidential nature and have been disclosed by one party to the other party and shall procure that the receiving party’s employees, agents, consultants or subcontractors keep in strict confidence all such information other than for the purposes of performing its obligations under this Agreement.
Any notice given by either of the parties under this Agreement shall be served on the other party and addressed to that party’s signatory by email, personal delivery, pre-paid recorded delivery or first-class post to the receiving party as set out in this clause.
Any such notice shall be deemed to be effectively served as follows:
- In the case of service by pre-paid recorded delivery or first-class post 48 hours after posting;
- In the case of service by email on the next working day
Joint venture or partnership
Nothing in this Agreement shall be construed as creating a partnership, joint venture or an agency relationship between the parties and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party.
Failure by either party to enforce any accrued rights under this Agreement is not to be taken as or deemed to be a waiver of those rights unless the waiving party acknowledges the waiver in writing.
It is hereby declared that the foregoing paragraphs, sub-paragraphs and clauses of this Agreement shall be read and construed independently of each other.
Should any part of this Agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
No addition to or modification of any clause in this Agreement shall be binding on the parties unless made by a written instrument and signed by the signatories to this Contract or their duly authorised representatives.
This Agreement sets out the entire contract and understanding of the parties and is in substitution of any previous written or oral Agreements between the parties.
The headings in these Terms and Conditions are for convenience only and are not intended to have any legal effect.
Third party rights
A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
Life in Brackley & Life in Buckingham terms & conditions
In these terms and conditions, ‘Advertiser’ means the party who books the space and/or any agent acting on his behalf and ‘Publisher’ means Clockwork Design Ltd.
We operate the following ‘good practice’ adopted by publishers of magazines and websites:
All material on our websites and magazines are protected by copyright. They should not be reproduced without the permission of the publishers (Clockwork Design Ltd). All details are correct to the best of our knowledge. The publishers do not endorse or recommend any of the entries or advertisements in our magazines or websites unless otherwise stated. We advise you that make your own judgments, enquiries and comparisons as with any other form of advertising. When contacting any business, we suggest that you confirm the exact type of goods and services offered, the qualifications held and all other relevant aspects of the service which you are seeking.
Life in Brackley and Life in Buckingham are divisions of Clockwork Design Ltd. Clockwork cannot accept liability for loss, damage or difficulties resulting from contacts made through the directory, from errors, omissions, from claims made by the advertisers or from omissions or inaccuracies relating to telephone numbers, wording, spacing or positioning of any listing, advertisements or other material regardless of how caused.
Where Clockwork Design Ltd produces their own editorial either in printed magazines or on our website, we have all necessary intellectual property rights on a worldwide basis in respect to the content therein. Where Clockwork Design Ltd prints editorial and/or advertisements submitted by third parties (either individuals or businesses), they contractually confirm that they have sourced and been granted ownership of (or rights to) any necessary intellectual property rights on a worldwide basis. Clockwork Design Ltd operates written email protocols which, inter alia, advise and warn our staff or contractors of the hazards of defamation and/or infringement of intellectual property rights on the Internet. Such protocols form part of employees contracts of employment.
Clockwork Design Ltd uses several ISP and Hosting providers for all of our IT activities. Any hosting, operation or maintenance by these third parties are independent to us, and we do not accept responsibility for their actions. However, either Clockwork Design Ltd and/or our website host have procedures in force to immediately withdraw any material for whatever reason we see fit, and either Clockwork Design Ltd and/or our website host have implemented (and maintain and update) procedures and/or programs designed to prevent or protect against unauthorised use or modification of or access to your computer and/or your web site.
The Publisher reserves the right (in its absolute discretion) to omit, suspend or exclude an advertisement at any time; any such omission, suspension or exclusion shall be notified to the Advertiser as soon as possible. If the Publisher exercises its rights under this paragraph at any time, the Publisher shall not be liable for costs, claims, liabilities or damages of any kind as a consequence of so doing.
All reasonable care will be taken to avoid mistakes but the Publisher does not accept liability for any errors or omissions due to the acts or defaults of third parties or sub-contractors or due to inaccurate or ambiguous copy instructions or due to any other acts, circumstances or defaults beyond its reasonable control. The Publisher shall not be liable for any errors or omissions in the advertisement unless the proof is returned in ample time for corrections to be made before the publication goes to press or is otherwise finalised prior to publication.
The Publisher shall have no responsibility if the advertisement is not published on the agreed date as a result of strike, lock-out, fire, storm, flood, riot, explosion, power failure, break-down or failure of systems or machinery or any other event beyond the Publisher’s reasonable control.
The Publisher does not warrant any particular publication date for the advertisement unless otherwise expressly agreed in writing with the Advertiser and, in any event, time shall not be of the essence as regards the publication date.
All advertising insertions shall be submitted by the Advertiser by the terms of the contract shall be governed and construed in accordance with English law and the Advertiser submits to the non-exclusive jurisdiction of the English courts in connection with all disputes, claims or actions arising out of or in connection therewith.
All advertising insertions shall be submitted by the Advertiser by the closing copy date in the form stipulated by the Publisher and otherwise in accordance with the Publisher’s instructions from time to time. Unless the Publisher receives the advertising insertion in the proper form and as per the Publisher’s instructions, or if the Publisher is required to perform additional production work as a result of the Advertiser’s failure to conform to the Publisher’s requirements and/or instructions, the Publisher (in its absolute discretion) reserves the right (a) to make additional charges to the Advertiser for the cost of any such production work or (b) to treat the Advertiser as having cancelled.
The Advertiser must supply advertising copy to the Publisher by the relevant copy date quoted by the Publisher. If the required copy is not received by the quoted copy date, the Publisher may (in its absolute discretion) continue to place the advert previously entered. If the Publisher elects to place the advertisement (notwithstanding the late supply of copy by the Advertiser) no promise or assurance is given that proofs will be supplied or corrections made.
Advertisement rates may be revised at any time. Orders are accepted on the basis that the price binds the Publisher only in respect of the next issue to be published by the Publisher. If there is a rate increase which the Publisher wishes to charge to the Advertiser, then the Advertiser will have the option either to cancel the remainder of the order without surcharge or to continue the order at the revised advertisement rates.
If the Advertiser cancels the balance of a contract for a series of advertisements then the Publisher has the right to surcharge previous advertisements in the series where series discount had been applied. Series discounts apply only to orders placed in advance and completed within one year from the date of first insertion. The Publisher reserves the right (in its absolute discretion) to surcharge if the insertions are not completed within (a) such one year period or (b) the agreed period.
The Publisher’s credit payment terms are strictly 30 days from the date of invoice. Without prejudice to any other rights or remedies available to it, the Publisher reserves the right to charge interest on overdue amounts at the rate of 2% above the base lending rate from time to time of National Westminster Bank plc, such interest to accrue on a daily basis from the due date to the date of actual payment.
Notice of cancellation or suspension of an advertisement must be received in writing by the Publisher strictly in accordance with the relevant publication’s rate card cancellation terms. Cancellations or suspensions received without sufficient notice will be charged for in full by the Publisher.
Copy must be supplied by the Advertiser without application or request from the Publisher. Proofs will be supplied where copy is submitted for setting at the printer provided that such copy is received by the quoted copy date. Proofs will not be supplied for advertisement copy supplied as complete artwork or film unless specifically requested in writing by the Advertiser.
The Advertiser’s property, artwork and any other items are held by the Publisher at the Advertiser’s risk and should be insured by the Advertiser against loss or damage from whatever cause. The Publisher reserves the right to destroy all such property, artwork and/or other items which have been in its possession for more than twelve months. Additionally, the Publisher reserves the right to retain all such property, artwork and/or other items until the Advertiser’s account has been settled in full.
In no event shall the liability of the Publisher for any breach of contract or in tort exceed the price paid by the Advertiser for the advertisement.
In no event shall the Publisher have any liability either in contract or in tort for any consequential or indirect loss or damage suffered or incurred by the Advertiser, including (without limitation) loss of profit or damage to reputation or goodwill.
These terms and conditions and all other express terms of the contract shall be governed and construed in accordance with English law and the Advertiser submits to the non-exclusive jurisdiction of the English courts in connection with all disputes, claims or actions arising out of or in connection therewith.