Terms & Conditions

1. Definitions

"Clients": refers to companies making entries or taking advertising space in the Online Directory.

"Online Directory": the website and its contents: www.edinburghplumberguide.com

"Listings & Entries": the paid entry relating to plumbing firms in the Online Directory and associated advertisments.

"Advertisements": the advertisement, banner advertisement, press release or other paid for promotion bearing the Customer Branding which the client wishes to appear in the Online Directory.

"Customer branding": the branding of the client that may appear in the Advertisement.

"Agreement": the agreement between Edinburgh Plumber Guide and the customer on these terms and conditions and any special conditions.

"Copy": style and layout of firms’ entry details in the Online Directory.

"Duration": period for which the entry will appear in the Online Directory.

"Charge": cost payable by Clients for their entry in the Online Directory.

"Leaflets": the associated regional leaflets produced via the Online Directory.

"Unacceptable": in respect of any entry or advertisement, meaning that it is inaccurate, contravenes any law or code of practice or conduct, infringes on intellectual property rights of another, is abusive, immoral, defamatory or otherwise likely to offend users of the Online Directory

2. Agreement

By completing an entry and or booking form into the Online Directory, the customer accepts these terms and authorises Edinburgh Plumber Guide to publish clients’ entries in the Online Directory.

3. Obligations of Clients

3.1. To pay price within terms specified on receipt of a VAT invoice from Edinburgh Plumber Guide.

3.2. To indemnify Edinburgh Plumber Guide against all losses, costs, claims, damages or other expenses that Edinburgh Plumber Guide incurs as a result of breach by the client of any of these terms, or as a result of any third party claims which Edinburgh Plumber Guide receives as a result of the entries or advertisements.

3.3. To acknowledge that Edinburgh Plumber Guide retains full editorial control over all advertisements and entries and that Edinburgh Plumber Guide will own all copyright in the advertisements and entries, save that Edinburgh Plumber Guide shall not own any customer branding.

3.4. To provide all materials for the advertisements and entries (including, without limitation, GIF, EPS and JPEG files) in accordance with the procedures required by Edinburgh Plumber Guide from time to time.

4. Obligations of Edinburgh Plumber Guide

4.1. To use reasonable endeavours to ensure that advertisements and entries feature in the Online Directory for the specified duration.

4.2. To use reasonable endeavours to ensure that the Online Directory is accessible to users of the World Wide Web 24 hours a day, though Edinburgh Plumber Guide will not be liable if for any reason the site is unavailable at any time or for any period.

4.3. Edinburgh Plumber Guide does not guarantee any levels of response to advertisements and entries.

5. Rights of Edinburgh Plumber Guide

5.1. The client warrants that the advertisement is not unacceptable. If Edinburgh Plumber Guide at any time considers that any advertisements or entries is unacceptable, Edinburgh Plumber Guide may remove the advertisement and entry from the Online Directory. In this case Edinburgh Plumber Guide will not refund any part of the charge to the clients.

5.2. The Customer warrants that the customer branding will not infringe the intellectual property rights of any third party.

5.3. Edinburgh Plumber Guide reserves the right to change the format, style and layout of the Online Directory as and when it sees fit.

5.4. Edinburgh Plumber Guide reserves the right to terminate this contract with immediate effect by giving written notice of this to the clients.

5.5. Edinburgh Plumber Guide reserve the right to remove entries from the online directory, if payment is not received within the specified terms.

6. Cancellations

6.1. Once an entry is confirmed by a client any cancellations must be received with 14 days. Cancellations received after this period will be liable to the full entry fee.

6.2. No refund or credit will be given for cancellations received after an advertisement or entry has appeared. The clients will remain liable for the charge in such circumstances.

7. Liability

7.1. Edinburgh Plumber Guide shall not be liable to the clients for any indirect or consequential losses or damage suffered by the clients including (without limitation) any loss of profits, contracts, revenue, goodwill, business, savings or opportunity irrespective of whether Edinburgh Plumber Guide knew or should have known of the possibility of that loss.

7.2. Edinburgh Plumber Guide shall not be liable for any losses, damages, expenses (including, without limitation, any costs of finding replacement advertising space) suffered or incurred by the clients as a result of the Online Directory not being accessible to users of the world wide web for any period of time.

7.3. Nothing in these terms and conditions shall operate to limit the liability of either party for any death or personal injury caused by its negligence or that of its employees. In all other events the limit of Edinburgh Plumber Guide liability for any losses, expenses or damages incurred by the Customer or Clients in relation to this agreement (whether on tort, contract or otherwise) shall be equal to the price paid by the clients to Edinburgh Plumber Guide under this agreement.

7.4. Edinburgh Plumber Guide shall not be liable for any delay in or non-performance of its obligations under this Agreement to the extent that such delay or non-performance is due to any cause beyond its reasonable control including but not limited to the acts, defaults or omissions of suppliers or sub-contractors, failure of any telecommunications or power network, war, undeclared hostilities, terrorism, industrial action and acts of God.

7.5. Edinburgh Plumber Guide will use reasonable efforts to comply with the clients’ requested start and end dates for display of the advertisement but cannot warrant that these dates will be met.

8. Other Conditions

8.1. Any re-submission of the advertisement by the client will be deemed to be a new advertisement for which the client must repay the charge.

8.2. Even if the client is acting as an agency or other representative, it enters into this agreement in its own right as principal and not agent.

8.3. The client shall not assign, transfer or resell its right under this agreement.

8.4. Unless otherwise stated, the positioning of advertisements is to be determined by Edinburgh Plumber Guide.

8.5. Content of entries is the responsibility of clients. Unless stated otherwise clients will be liable for the charge of any incorrect regional listings in the Online Directory and all other advertisments.

8.6. Edinburgh Plumber Guide will endeavour to process within the week, although it will not be liable for any delay in processing entries.

8.7. All advertisements and entries will run for a period of 1 year from 1 January - 31 December or from the date of payment.

9. Exclusion of Third Party Rights

Unless expressly provided in this agreement, no term of this agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

10. Governing law

Scottish law governs any contract formed between the company and a customer. Any disputes arising out of or in connection with a contract shall be determined by Scottish Courts.