1 Interpretation

1.1 In these Terms and Conditions:

“CONTRACT” means the contract for the provision of the Specified Service made by virtue of the completion of the Application Form subject to these Terms and Conditions and the payment for the Subscription Package;

“DOCUMENT” includes, in addition to a document in writing, a map, plan, design, drawing, picture or other image, or any other record of any information in any form including online applications;

“INPUT MATERIAL” means any Documents or other materials, and any data or other information provided by the Subscriber relating to the Specified Service;

“SPECIFICATION SHEET” means the sheet to which these Terms and Conditions are appended;

“REVIEW” means any data or other information provided by any customer or agent of the Subscriber in relation to the Subscriber’s business using the Supplier’s standard review card or any other means of obtaining such data or other information

“SPECIFIED SERVICE” means the service to be provided by the Supplier for the Subscriber referred to in the Specification Sheet and further particularised in the Supplier’s online applications or other published literature relating to the Specified Service from time;

“SUBSCRIBER” means the person named on the Application Form for whom the Supplier has agreed to provide the Specified Service in accordance with these Terms;

“SUBSCRIPTION PACKAGE” means any Documents or other materials, and any data or other information provided by the Supplier relating to the Specified Service;

“SUPPLIER” means honest trader and www.honesttrader.net;

“SUPPLIER’S STANDARD CHARGES” means the charges shown on the Supplier’s online applications or other published literature relating to the Specified Service from time to time for the Subscription Package.

“TERMS AND CONDITIONS” means these Terms and Conditions
1.2 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.

2 Supply of the Specified Service

2.1 The Supplier shall provide the Specified Service to the Subscriber subject to these Terms and Conditions. Any changes or additions to the Specified Service or these Terms and Conditions must be agreed in Writing by the Supplier and the Subscriber.

2.2 The Subscriber shall at its own expense supply the Supplier with all necessary Documents or other materials, and all necessary data or other information relating to the Specified Service including any Review, within sufficient time to enable the Supplier to provide the Specified Service in accordance with the Contract. The Subscriber shall ensure the accuracy of all Input Material and any Review.

2.3 The Subscriber shall at its own expense retain duplicate copies of all Input Material and insure against its accidental loss or damage. The Supplier shall have no liability for any such loss or damage, however caused. All information provided by the Supplier in the Subscription Package shall be at the sole risk of the Subscriber.

2.4 The Specified Service shall be provided in accordance with the Specification Sheet and otherwise in accordance with the Supplier’s current online applications or other published literature relating to the Specified Service from time to time, subject to these Terms and Conditions.

2.5 Further details about the Specified Service, and advice or recommendations about its provision or utilisation, which are not given in the Supplier’s brochure online applications or other promotional literature, may be made available on Written request.

2.6 The Supplier may correct any typographical or other errors or omissions in any brochure, promotional literature, quotation, Review or other document comprising the Subscriber Package relating to the provision of the Specified Service without any liability to the Subscriber.

2.7 The Supplier shall not have any obligation whatsoever to display any data or other information contained in any Review as part of the Specified Service and such display shall be at the sole discretion of the Supplier

2.8 The Supplier may at any time without notifying the Subscriber make any changes to the Specified Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Specified Service.

3 Charges

3.1 Subject to any special terms agreed, the Subscriber shall pay the Supplier’s Standard Charges and any additional sums which are agreed between the Supplier and the Subscriber for the provision of the Specified Service or which, in the Supplier’s sole discretion, are required as a result of the Subscriber’s instructions or lack of instructions, the inaccuracy of any Input Material or any other cause attributable to the Subscriber.

3.2 The Supplier shall be entitled to vary the Supplier’s Standard Charges from time to time by giving not less than three months’ Written notice to the Subscriber.

3.3 All charges quoted to the Subscriber for the provision of the Specified Service are exclusive of any Value Added Tax, for which the Subscriber shall be additionally liable at the applicable rate from time to time.

3.4 The Supplier shall be entitled to invoice the Subscriber following the end of each month in which the Specified Service is provided, or at other times agreed with the Subscriber.

3.5 The Supplier’s Standard Charges and any additional sums payable shall be paid by the Subscriber (together with any applicable Value Added Tax, and without any set off or other deduction) upon completion of the Application Form and thereafter within 15 days of the date of the Supplier’s invoice.

3.6 If payment is not made on the due date, the Supplier shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) at the rate of 4 % above the base rate from time to time of the National Westminster Bank plc from the due date until the outstanding amount is paid in full.

4 Rights in Input Material and the Subscription Package

4.1 The property and any copyright or other intellectual property rights in:

4.1.1 any Input Material shall belong to the Subscriber

4.1.2 any Subscription Package shall, unless otherwise agreed in Writing between the Subscriber and the Supplier, belong to the Supplier, subject only to the right of the Subscriber to use the Output Material for the purposes of utilising the Specified Service.

4.2 Any Input Material or other information provided by the Subscriber which is so designated by the Subscriber and any Subscriber Package shall be kept confidential by the Supplier, and all Subscriber Package or other information provided by the Supplier which is so designated by the Supplier shall be kept confidential by the Subscriber; but the foregoing shall not apply to any Documents or other materials, data or other information which are public knowledge at the time when they are so provided by either party, and shall cease to apply if at any future time they become public knowledge through no fault of the other party.

4.3 The Subscriber warrants that any Input Material and its use by the Supplier for the purpose of providing the Specified Service will not infringe the copyright or other rights of any third party, and the Subscriber shall indemnify the Supplier against any loss, damages, costs, expenses or other claims arising from any such infringement.

4.4 Subject to paragraph 4.3, the Supplier warrants that any Subscription Package and its use by the Subscriber for the purposes of utilising the Specified Service will not infringe the copyright or other rights of any third party, and the Supplier shall indemnify the Subscriber against any loss, damages, costs, expenses or other claims arising from any such infringement.

4.5 This site is moderated by an honest trader representative who reserves the right to exercise editorial control over posted content. By submitting a review to the honesttrader directory, you understand and agree that we may post your comment in its entirety, in an edited version, or not at all. Any editing will be done primarily for purposes of clarity, length or deletion of offensive, inappropriate, or potentially defamatory material.

4.6 Comments or opinions expressed in the directory are those of their respective contributors only. The views expressed by outside contributors do not represent the views of honest trader or its employees. Honest trader is not responsible and disclaims any and all liability for the content of comments written by outside contributors to the Directory.

4.7 You represent that comments posted by you in the Directory will not defame, compromise the trade secrets or confidential information of, or violate the copyright or other intellectual property rights of, any third party. You agree to defend, indemnify and hold Honest trader harmless from and against any claims, losses or liabilities based on a violation of the foregoing representation

4.8 It is in the nature of Honest Trader for contributors to take responsibility for their posted comments and reviews. We therefore do not accept anonymous comments. By submitting a comment to the Directory, you understand and agree that your Initial and surname will be posted along with your comment. To that extent, you do not have the same degree of privacy or confidentiality as you receive in other areas of honesttrader.net

 

5 Warranties and Liability

5.1 The Supplier warrants to the Subscriber that the Specified Service will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the Specification Sheet and at the intervals and within the times referred to in the Specification Sheet. Where the Supplier supplies in connection with the provision of the Specified Service any goods (including Subscriber Package) supplied by a third party, the Supplier does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to the Subscriber the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to the Supplier.

5.2 The Supplier shall have no liability to the Subscriber for any loss, damage, costs, expenses or other claims for compensation arising from any Input Material or instructions supplied by the Subscriber which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non arrival, or any other fault of the Subscriber.

5.3 Except in respect of death or personal injury caused by the Supplier’s negligence, or as expressly provided in these Terms and Conditions, the Supplier shall not be liable to the Subscriber by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Supplier, its servants or agents or otherwise) which arise out of or in connection with the provision of the Specified Service or their use by the Subscriber, and the entire liability of the Supplier under or in connection with the Contract shall not exceed the amount of the Supplier’s charges for the provision of the Specified Service, except as expressly provided in these Terms and Conditions.

5.4 The Supplier shall not be liable to the Subscriber or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Supplier’s obligations in relation to the Specified Service, if the delay or failure was due to any cause beyond the Supplier’s reasonable control.

6 Termination

6.1 The Subscriber shall be entitled to terminate the Contract at any time by giving not less than three months’ Written notice to the Supplier.

6.2 Either party may (without limiting any other remedy) at any time terminate the Contract by giving Written notice to the other if the other commits any breach of these Terms and Conditions and (if capable of remedy) fails to remedy the breach within 30 days after being required by Written notice to do so, or if the other goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.

7 General

7.1 These Terms and Conditions, the Application Form (together with the terms, if any, set out in the Specification Sheet) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in Writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

7.2 A notice required or permitted to be given by either party to the other under these Terms and Conditions shall be in Writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

7.3 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

7.4 If any provision of these Terms and Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

7.5 Any dispute arising under or in connection with these Terms and Conditions or the provision of the Specified Service shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of Worcester Law Society of an expert.

7.6 English law shall apply to the Contract, and the parties agree to submit to the non exclusive jurisdiction of the English courts.