In these conditions "the Publisher" means TheYachtMarket.com Limited (trading
as "TheYachtMarket.com"), "the Advertiser" means the person,
firm or company who is the advertiser of a boat, vessel, marine/water craft, other
related marine/water craft, product or service ("the Service") and any
advertising agency or marine/yacht broker/trader acting on behalf of such a person,
firm or company. The Publisher is the owner/content provider of the TheYachtMarket.com
("the website"), which provides advertising space on its own or to other
The Advertiser wishes to purchase advertising space for the insertion of advertisements
on the website and on which the Publisher is permitted to sell advertising space
to the Advertiser.
The Publisher agrees to provide this service to the Advertiser subject to these
terms and conditions, the website terms and conditions (including disclaimers),
The Agreement is personal to the Advertiser, and the Advertiser may not assign or
transfer or otherwise part with the Agreement without the Publishers prior written
consent. Where two or more persons are named as the Advertiser, their liability
shall be joint and several.
In consideration of the payment of a Fee + VAT, the Publisher agrees to perform
the Service. These terms and conditions shall apply to the provision of the Service
to the exclusion of all other agreements and the Advertiser agrees that the uploading
of the Advertising on to the website shall be deemed acceptance of the Agreement.
The Publisher provides the facility for receiving materials and updates for the
website via transmission over the Internet if appropriate. However, an Advertiser
using this facility to update the website shall do so at its own risk and the Publisher
will not be liable or responsible for non-receipt or corruption of any text, font,
image or material.
The Advertiser undertakes and warrants to the Publisher that:
The Advertiser shall provide to the Publisher the Advertising in the format expressly
specified (if any) by the Publisher ('the Required Format'). The Advertiser agrees
that questions and complaints from individuals accessing the website or any materials,
editorial, goods or services offered by the Advertiser on the website are the exclusive
responsibility of the Advertiser and the Advertiser shall indemnify the Publisher
in respect of any claims or complaints brought against the Publisher by any such
individuals. Where the Advertiser is an advertising agency or broker it warrants
that it is authorised by its client to place the Advertising with the Publisher
and the Advertiser will indemnify the Publisher against any claim made by the client
against the Publisher arising from the publication of the Advertising Material.
The Publisher shall be entitled at any time without notifying the Advertiser to
make changes to the Services which are necessary to comply with any applicable security
or other statutory requirements and shall determine the manner in which the Services
are provided. The Publisher shall bear any and all costs of supplying, updating,
owning and operating the Website. The Publisher shall use reasonable commercial
efforts to maintain the availability of the Publisher Site twenty-four (24) hours
per day, seven (7) days per week.
The Publisher will charge the Advertiser a fee + VAT. This can be either for:
Additional fees may be charged by the Publisher for delivery of additional value
added services such as tracker and trafficking fees. The Publisher may invoice the
Advertiser for the Fees for the Term upon its acceptance of the Advertising prior
to commencement of the Services. The invoice for the Fees shall be payable in full
prior to the Advertising being published or the Promotion being transmitted by the
Publisher on the Publisher's Site unless otherwise agreed by the Publisher. All
sums due in respect of the Fees are exclusive of Value Added Tax or other applicable
sales tax, for which the Advertiser shall be additionally liable. All sums due from
the Advertiser which are not paid on the due date (without prejudice to the Publisher's
other rights under this Agreement) shall bear interest at the annual rate of [3%]
over the prevailing base rate of National Westminster Bank, UK. Such interest shall
accrue from the due date until payment is made in full. In the event that sums due
from the Advertiser are not paid by the due date, the Publisher may enlist the services
of a third party to collect the debt. The Advertiser will be liable for any expenses
incurred by the Publisher as a result of enlistment of such a third party.
The Publisher retains all right, title and interest in and to the content of the
Publisher Site, including without limitation copyrights, trade marks and other intellectual
property rights. The Advertiser in consideration of the Publisher agreeing to permit
the Advertiser to use the Publisher's Website you grant to the Publisher a non exclusive
world-wide licence in perpetuity to edit, copy, adapt, translate or modify any content;
reproduce and store copies of the content in such format and by such technology
and/or media (whether now known or later devised) as the Publisher may require;
publish, distribute, transmit, and otherwise reproduce all or part of the content
in connection with, across and through the website; market or promote information
or activity relating to or connected with the website; and/or the exploitation of
the content in accordance with the rights granted under this Agreement; You agree
to waive, and will procure that all of your subcontractors and Employees waive,
all moral rights in the content in favour of the Publisher in order of it to provide
the website service.
Any ideas concepts know-how or techniques developed by the Publisher or obtained
during the execution of the Services will be owned exclusively by the Publisher.
It is the responsibility of the Advertiser to check the accuracy of the Advertising
and the Publisher assumes no responsibility for the repetition of an error in an
Advertising. For the purpose and duration of the Advertising the Advertiser grants
to the Publisher a royalty-free non-exclusive licence to use, publish and reproduce
the Customer's name, logo, trade marks and brands to the extent necessary to enable
the Publisher to comply with its obligations under the Agreement.
The Advertising shall be included in the Publisher's website for the Term or as
otherwise expressly agreed by the Publisher. The Publisher may terminate this Agreement
by notice in writing to the Advertiser in the event that:
Either party shall be entitled to terminate this Agreement immediately by notice
in writing to the other if the other party shall:
Where the Advertiser pays for a trade membership, they will be required to give
one month's notice to the Publisher to terminate this Agreement. Notice must be
given to expire at the end of the Advertiser's billing period.
In the case that the Advertiser has agreed to a minimum membership Term, the Advertiser
is not permitted to cancel this Agreement within that Term. If the Advertiser wishes
to cancel this Agreement at the end of the Term, they must give notice to the Publisher
at least one month prior to the end of the Term. If such notice is not received,
this Agreement will continue on a month by month basis.
The Advertiser undertakes to the Publisher that the Advertiser will, without prejudice
to any other right of action which the Publisher may have, at times keep the Publisher
fully and effectively indemnified against any liability (which liability shall include,
without limitation, all losses, costs, claims, demands, actions, damages, legal
and other professional fees and expenses on a full indemnity basis) which the Publisher
may suffer or incur as a result of any Advertising, the infringement of any intellectual
property rights of any third party, or by reason of any breach or non-fulfilment
of any of the Customer's obligations in respect of the Agreement.
Each party undertakes to comply with its obligations under the Data Protection Act
Nothing contained in this Agreement or in any instrument or document executed by
any party in connection with the Services is intended to be enforceable pursuant
to the Contracts (Rights of Third Parties) Act 1999.
These terms and conditions shall be governed by and in accordance with English law
and subject to the exclusive jurisdiction of the English Courts.