Terms & Conditions

1. Definitions

2. Service

• 2.1. We agree to provide and you accept the Service subject to and on the terms of these Conditions.
• 2.2. The contract between you and us relating to the Service will be deemed to come into existence only when we accept your registration by issuing confirmation by email.

3. Registration

• 3.1. You warrant to us that all details provided to us on registration or at any time thereafter are correct, complete and not misleading. You must inform us immediately of any changes to the information that you have provided to us.
• 3.2. You must keep your password safe and secure and must not disclose it to anyone.

4. Our right to suspend or cancel your registration

• We may suspend or cancel your registration immediately at any time at our or if you breach any of your obligations under these Conditions or if we reasonably suspect that a fraud is being perpetrated against us or any third party.

5. Copyright and other intellectual property rights

• You confirm and acknowledge that all copyright, trade marks, service marks, logos and any other rights in our trademarks, designs, logos and the Website, together with any goodwill are and shall remain our sole and exclusive property and that you shall not acquire any right or interest in such trademarks, designs, logos or the Website, nor in any developments or variations to them.

6. Charges

• 6.1. You must prepay for Leads as detailed below using your credit or debit card. We accept the following credit and debit cards [INSERT LINK TO LIST OF CARDS].
• 6.2. Each Advertisement will be allocated and displayed with a unique "0845" telephone number ("Unique Number"). Each time a call is made to a Unique Number and that call is answered (including by a recorded messaging service), you will be charged for that call according to our price list (as updated from time to time) ("Call Charge"). The same Call Charge will apply irrespective of the duration of any call and when a call is made.
• 6.3. Call Charges must be prepaid in fixed denominations ("Prepayments") and each Prepayment must be for not less than the minimum amount indicated in our price list on the website (as updated from time to time). Prepayments are not refundable and do not attract interest.
• 6.4. Subject to condition 6.3, Prepayments must be made for such amounts and with such frequency as may be necessary to ensure that your Account is in credit at all times. However, based on assessment of your average Call Charges over a particular period (but without prejudice to any minimum amount required under clause 6.3) we may from time to time notify you of the minimum amount for which any Prepayment must be made and/or restrict your use of the Advertising Space.
• 6.5. Prepayments will be credited to your Account subject to our usual security checks. Except in the case of obvious error, our records of debits and credits to your Account are conclusive. Calls to Unique Numbers may be recorded by the telecommunications provider for the purposes of verification.
• 6.6. You irrevocably authorise us to debit all Call Charges which are incurred as a result of calls to your Unique Numbers from your Account and to utilise your Prepayments to satisfy or towards satisfaction of any sum you owe to us from time to time under or in connection with the Website.
• 6.7. You are responsible for checking the balance on your Account at such intervals as may be required to ensure that there is at all times a sufficient credit balance for Call Charges which have been or are anticipated to be incurred. Any monitoring of your Account which we may carry out from time to time will neither relieve you of your obligation to monitor your Account nor prejudice our remedies against you.
• 6.8. If at any time your total Call Charges exceed the credit on your Account you must immediately credit your Account with the amount of the excess failing which we may:
• 6.8.1. cancel your registration; and/or
• 6.8.2. remove permanently or temporarily all or any Advertisements from the Website; and/or
• 6.8.3. deny you access or restrict or impose conditions upon your access to the Website (in whole or in part).
• 6.9. The credits from time to time on your Account are for your personal use and are not transferable.
• 6.10. We make no representations as to the number of times the Advertising Space will be accessed or the number of Leads that will be generated.
• 6.11. In addition to our remedies under condition 6.8, in the event of late payment or underpayment of any monies due to us, you shall pay us interest on such monies accruing from day to day calculated at the annual rate of 3% above the base rate from time to time in force of Lloyds Bank plc on such payment from the due date for payment until the actual date of payment (both before and after judgment);

7. Use of the Advertising Space

• 7.1. You warrant that:
• 7.1.1. the reproduction and/or publication of any Advertisement by us will not breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or render us liable to any claim, liability or proceedings whatsoever;
• 7.1.2. each Advertisement:
• 7.1.2.1. is accurate, complete and true and does not contain any information which is out of date;
• 7.1.2.2. complies with all applicable UK and EU statutory and regulatory requirements; and
• 7.1.2.3. conforms to our specification for an Advertisement [INSERT LINK TO SPECIFICATION];
• 7.1.2.4. is not defamatory of any person or obscene, offensive, threatening or abusive;
• 7.1.2.5. does not infringe any copyright, database right or trade mark of any other person;
• 7.1.2.6. is not likely to deceive any person or promote any illegal activity or discriminate against any person based on race, sex, religion, nationality, disability, sexual orientation or age; and
• 7.1.2.7. does not misrepresent our involvement.
• 7.2. You must:
• 7.2.1. obtain and maintain in force all licences, permissions and consents which may from time to time be necessary for you to use the Service and must cease using the Service in the event that any such licences, permissions or consents expire or are revoked; and
• 7.2.2. comply with all applicable laws and regulations (including the Data Protection Act 1998) in connection with all Leads.
• 7.3. Where you act as an agent of a third party, you warrant that you are authorised by that third party to place the Advertisement with us and that you will indemnify us against any claim made by that third party against us arising from its publication.
• 7.4. Without prejudice to your obligations in respect of Advertisements under this Condition 7, we reserve the right, to remove at any time and without notice any Advertisement which fails to comply with these Conditions. For the avoidance of doubt whilst we reserve the right to correct any content of Advertisements, we accept no responsibility for checking such content for conformity with these Conditions and any such checking will not relieve you of your obligations under these Conditions.
• 7.5. You acknowledge and agree that the information you provide to us may be utilised by us and disclosed to third parties.
• 7.6. We will use our reasonable endeavours to operate the Website. We will not be liable if you cannot access the Website or because of the failure, suspension or withdrawal of all or part of the Website. We may change, suspend or cancel the operation of the Website or any part of it at our sole discretion at any time.

8. Third Party Websites

• You acknowledge that the Advertisements may be accessed via third party websites and that these linked sites are not under our control. We are not responsible for the content or operation of such linked sites or any link contained in such linked site and any changes or updates to such sites. The inclusion of any link does not imply endorsement by us of the linked site or any association with its operators.

9. Indemnity

• You agree to indemnify and keep us, our employees, directors and agents indemnified from and against any and all liability, damages, losses, claims (including legal fees) resulting in any way from or connected with the use of the Advertising Space by you, your employees or agents or any breach by you, your employees or agents of these Conditions.

10. Termination by you

• Either of us may cancel your registration at any time by giving to the other not less than three months’ prior written notice. No cash credit will be given for any unused Prepayments as at the date cancellation takes effect.

11. Assignment

• The Service is personal to you and you agree not to assign, transfer or charge your rights or obligations under these Conditions without our prior written consent. We may assign or sub-contract the Service and/or the contract with you in whole or in part without your consent.

12. Governing Law

• These Conditions shall be subject to the laws of England and you and we agree to submit to the exclusive jurisdiction of the English Courts.

13. General

• 13.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
• 13.2. All notices given by you to us must be given to Netcars Limited at [SPECIFY POSTAL AND, IF APPLICABLE, EMAIL ADDRESS]. We may give notice to you at either the e-mail or postal address you provide to us when submitting your Registration Form, or in any of the ways specified in condition 13.1. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
• 13.3. Our failure to act or delay in acting in respect of any breach by you of these Conditions will not waive our right to act in respect of any subsequent or similar breach.
• 13.4. If any provision of these Conditions is held to be invalid, unlawful or unenforceable to any extent, such provision will to that extent be severed from the remaining provisions which will continue to be valid to the fullest extent permitted by law.
• 13.5. These Conditions and any document expressly referred to in them represent the entire agreement between us in relation to their subject matter.
• 13.6. We have the right to amend these Conditions from time to time either by email or by posting the amended Conditions on the Website. Except where any amendment to these Conditions is required by law, all amended Conditions will be effective either on receipt by you of our email or 28 days after they are initially posted on the Website (as the case may be).
• 13.7. No agency, partnership, joint venture or employee-employer relationship is intended to be created between you and us by virtue of the contract between you and us.
• 13.8. The contract between you and us is made for the benefit of you and us and is not intended to benefit, or be enforceable, by anyone else.