Advertising Terms and Conditions

Terms and conditions applying to Advertisers placing Advertising on HighWycombehomes.co.uk ("Publisher").  These Terms are deemed accepted by the Advertiser when the Services of Publisher have been accessed or ordered by the Advertiser.

1. DEFINITIONS
An "Advertisement" means property advertising provided by or on behalf of an Advertiser in any of the following forms: property listings, banner advertisements, "property of the week" advertising, "featured agent" advertising and/or any page(s) of private landlords, private individuals, lettings agents, property management companies, estate agents, advertising agency or partner advertising together with any other form of advertisement as shall appear on the web site from time to time. The "Advertiser" means any person using and purchasing the Services. "Person" includes, but is not limited to, private landlords, private individuals, lettings agents, property management companies, estate agents and advertising agencies using the system to place property advertisements. In the circumstance of any agency acting on behalf of one of their own clients, Publisher will charge the agency, and not the agency's client. The "Applicant" means any person applying to buy or let any property advertised on the web site. "Self-Service" means the means the service provided by Publisher enabling an Advertiser to place Advertisements directly onto the Web Site. The "Services" means the service provided by Publisher of placing Advertisements on the web site including Self-Service. The "Web Site" means any web site on which any Advertisement appears including Publisher.

2. OBLIGATIONS OF PUBLISHER Publisher will use its reasonable endeavours to enable Applicants the facility of viewing the Advertisements of Advertisers on the Web Site.

3. OBLIGATIONS OF THE ADVERTISER
3.1 The Advertiser undertakes to use all reasonable precautions against access of the Web Site (or any web site that is, or may become, linked to any Web Site) by any unauthorised persons including, but not limited to, the use of user names and passwords and the securing of information relating to communications between Advertisers' hardware and the rest of the web site.
3.2 The Advertiser undertakes to comply with the provisions of the Data Protection Act 1998 or relevant legislation with regard to any Applicant information received by it and in particular to keep such information confidential.
3.3 The Advertiser is responsible for ensuring that the content of any Advertisement is not discriminatory, obscene, defamatory, or in any other way illegal or in breach of any legislation. The Advertiser also agrees to comply with all relevant industry Codes of Practice.
3.4 The Advertiser acknowledges that it is not vested with any proprietary rights in respect of the web site, or any information submitted by any Applicant.
3.5 The Advertiser shall indemnify Publisher against all claims made by third parties in respect of the misuse of data supplied to the Advertiser.

4. RATES The advertising rates shall be those rates as agreed between Publisher and the Advertiser from time to time.

5. PAYMENT
5.1 Payment for Advertisements may be made in one of two ways:
5.1.1 by one of the following credit/debit cards: Visa, MasterCard, Switch or Delta. By clicking the "Proceed" button the Advertiser is authorising Publisher to deduct the cost of the Advertisement(s) from its account.
5.1.2 where HighWycombehomes.co.uk agrees in writing to the same, within 30 days from the date of Publisher's invoice. If the Advertiser fails to make any payment by the due time then all moneys owing by the Advertiser to Publisher shall immediately become due and payable and the provisions of clause 5.3(b) shall forthwith apply to such moneys.
5.2 It is Publisher's practice to provide invoices to each Advertiser to whom credit is extended at the beginning of each month in which payment is due. Liability for payment arises from publication of the Advertisement. Further, all items on the invoice are deemed to be payable, any errors or omissions must be communicated to Publisher in time to be rectified before payment becomes due. Payment for the Advertisement shall be made as aforesaid whether or not the Advertiser shall have provided Publisher with an order number at the time the Advertisement was booked.
5.3 The Advertiser agrees to pay to Publisher in respect of each advertisement for which payment is not made by the due time: a) the sum of £25.00 as an administration charge; and b) interest on the amount paid late at the rate of 4% per annum above the base rate of HSBC Bank PLC accruing from day to day (including the date on which payment was due) both before and after judgment.
5.4 Where payment is made by credit card the following terms and conditions will apply:
5.4.1 Any information being passed over the internet, whether credit card details, names, addresses, phone numbers or other sensitive information, is encrypted to the highest industry standard. Sensitive credit card details are handled directly and stored on the secure servers of our payment processors (Protx/HSBC Merchant Services).  Your card details are only held and processed by these organisations. For your protection and security, Publisher does not receive the card number or details (other than an automated confirmation of any order placed).
5.4.2 No contract will subsist between the Advertiser and Publisher in relation to any Advertisement unless and until the Advertiser has submitted its payment details to our payment processors (Protx/HSBC Merchant Services) and they have confirmed to Publisher that the Advertiser's account has been debited. There will then be a legally binding contract between us. The Advertiser confirms that it has the necessary authority to enter into the contract with Publisher. All prices are quoted in pounds sterling and payment cannot be accepted in any other currency.
5.4.3 All confidential information, including credit card details, is held securely and only transmitted in encrypted form. See Publisher Privacy Policy for more details.

6. ADVERTISEMENTS
6.1 The majority of the price charged relates to the set up cost of each paid property advertisement and the initial administration involved. Therefore, once a customer's property details have been published on this site for a period exceeding 7 days, our service is deemed to have been fully delivered.  After the 7 day 'paid-up' period, advertising and support is continued free of charge for a maximum period of 6 months.
6.2 In the event that the Advertiser wishes to cancel the Advertisement before it appears on the Web Site then it must give thirty days written notice to Publisher and the cost of the Advertisement (if paid) will be refunded to the Advertiser less an administration charge of £25.00 per Advertisement cancelled. In the event that the Advertisement has not yet been paid for then Publisher will invoice the Advertiser for an administration charge of £25.00 per Advertisement cancelled.
6.3 The Advertiser may cancel an Advertisement before the Advertisement has completed its term, but shall not be entitled to a refund for the time not used. The Advertiser may extend the term of an Advertisement at the agreed rate.
6.4 The Advertiser may suspend the Advertisement from the Web Site so that it may no longer be viewed by users of the Web Site before the Advertisement has completed its term, but shall not be entitled to a refund for the time not used. The Advertiser may extend the term of an Advertisement at the agreed rate.
6.5 In the event that any Advertiser cancels any contract prior to the date on which it would otherwise terminate then such Advertiser will be required to pay Publisher the difference between any discounted rate paid pursuant to the contract and the relevant rate card costs for the Advertisement(s) in question.
6.6 Publisher reserves the absolute right, without giving any reasons, to decline, cancel or remove any Advertisement for any reason and at any time without prior notice.
6.7 An Advertisement which indicates, or can reasonably be understood as indicating, an intention to discriminate on grounds of sex or race or for any other illegal reason will not be accepted unless it is exempted from the requirements of the Sex Discrimination Act, or the Race Relations Act or other relevant legislation. Where necessary, a statement must be made at the time the Advertisement is placed saying which of the exemptions in the relevant legislation is considered to apply.
6.8 Publisher will use its reasonable endeavours to publish the Advertisement on the agreed publication date. Publisher does not accept liability for any consequences, howsoever arising, due to error or delay in provision of the Advertisement.

7. LIABILITY
7.1 Publisher does not verify or guarantee any Applicant's details whether forwarded to Advertiser via Publisher or otherwise. Publisher accepts no responsibility as to the suitability of Applicants who respond to Advertisements.
7.2 The Advertiser shall satisfy itself as to the suitability of any Applicant and shall take up any reference provided by the Applicant.
7.3 Publisher does not accept liability of any description, including liability for negligence (except for personal injury or death), or any damages or losses (including, but without limitation to, indirect or consequential loss, or loss of business, revenue, profits, use or opportunity) howsoever resulting from Advertiser's use of (or inability to use) this web site.
7.4 Publisher makes no warranty that this web site (or any web site that is, or may become, linked to this web site) is free from computer viruses, or any other malicious or impairing computer programmes and/or that the web site shall operate uninterrupted and error-free and accepts no liability in respect of the same.

8. INDEMNITY
The Advertiser agrees to indemnify Publisherand to keep Publisher indemnified in respect of, but not limited to, all damages, costs or liabilities that Publisher may incur arising from an Advertiser's advertisement, and in particular resulting from the following:-
8.1 the publication of any defamatory statement;
8.2 breach of copyright;
8.3 any claims made by any person in respect of race, religion, age, sex, disability or other form of illegal discrimination.

9. DISCLAIMER
Except as otherwise provided by statute, Publisher disclaims all warranties, express or implied by law of statute, in relation to, but not limited to, the Web Site.

10. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by, and construed in accordance with, the laws of England and Wales and each party irrevocably submits to the exclusive jurisdiction of its courts.

11. MISCELLANEOUS
11.1 The placing of an order for an Advertisement amounts to an acceptance of these terms (including any additional matters set out in the rate card) to the exclusion of any other terms and conditions. No variation shall be binding unless agreed in writing.
11.2 If any provision of these terms is held to be void or unenforceable in whole or in part, these terms shall continue to be valid as to the other provisions and the remainder of the affected provision. No waiver by Publisher shall be effective except in relation to the matter in respect it was specifically given.
11.3 Nothing in these terms is intended to confer on any person any right to enforce any provision of these terms which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999. Insofar as the Advertiser is a "consumer" (as that term is defined in the Consumer Protection (Distance Selling) Regulations 2000, the Advertiser agrees that the provision of services under these terms may, by agreement between the Advertiser and Publisher, take place before the end of any applicable cancellation period, in which case the right to cancel such provision of services shall not apply.

12. CONTRACTING PARTY
HighWycombehomes.co.uk is a trading name of HomesHomes, a division of Elbronco Limited, registered number 5296760.