Terms and Conditions
1.
In these conditions
- "The Publisher" means Global Searchlight Ltd
- "Member" means a company or individual that has taken any of the membership packages that are offered and available on the website: www.globalsearchlight.com
- "Profile" means the membership information submitted by the Buyer as it appears on globalsearchlight.com
- "The Buyer" means the person placing the order with the Publisher.
- "Contract" the binding agreement between the Buyer and the Publisher otherwise titled "Order Confirmation Form"
- Where the content so admits, words importing the one gender shall include all other genders and words importing the singular shall include the plural and vice versa.
2.
The buyer warrants to the publisher that
- The buyer contracts with the Publisher as principal notwithstanding that the Buyer may be acting directly or indirectly for the Member or in any other representative capacity.
- It is authorised to place the order with the publisher and the buyer will indemnify the purchaser against any claim made by the member against the purchaser arising from the publication thereof.
- In the case of the Buyer changing name, trading style, identity or any other details disclosed in the confirmation form the Buyer will give written notice to the Publisher within 5 working days thereof.
- The publication of the Profile by the Publisher based on details submitted by the Buyer will not breach any contract with a third party or infringe any copyright, trademark or other proprietary rights of any third party or render the Publisher liable to any proceedings, claims, demands, costs or expenses or any other loss whatsoever.
- The Profile complies with the requirement of all relevant legislation (including subordinate legislation, the rules of statutorily recognised regulatory authorities and the law of the European Economic Community) for the time being in force or applicable to the United Kingdom, and
- All information submitted to the Publisher is legal, decent honest and truthful and complies with the relevant codes and general supervision of the Data Protection Act and Advertising Standards Authority.
- All materials supplied relating to the Profile is not corrupted
3.
Notwithstanding Condition 2 above, the Publisher shall be entitled to require the Buyer to amend any artwork, materials or images for and relating to the Profile, or refuse (without notice) to publish any profile for the purpose of
- complying with the legal or moral obligations placed on the publisher or the Buyer or the Member
- avoiding the infringement of the rights of any third party
- where the Publisher deems the information not suitable for the purpose of the website.
4.
Payment for any Profile or any associated product is due in advance of publication, unless the Publisher has previously agreed to open a credit account for the Buyer; and
- Where a credit account is opened then payment of the account shall become due thirty days from the date given on the invoice and the Buyer undertakes to ensure that payment is received by the Publisher no later than this due date.
- All rates and charges payable under this contract are subject to and exclusive of Value Added Tax at the rate from time to time in force.
5.
If the Buyer
- fails to pay the publisher’s invoice in accordance with Condition 4 above; or
- is in breach of any obligation under this contract then: in either case the Publisher shall be entitled to terminate this contract immediately (without prejudice to any remedy available to the publisher for any antecedent breach) and in any such event, the outstanding balance owed by the buyer shall become due and payable immediately: and
- the Publisher shall be entitled to
- charge interest on the outstanding balance at the rate of 4% above the base rate of National Westminster Plc from the date that the invoice became due until the date it is paid in full (whether before or after Judgment)
- charge an administration fee of £25 if any cheque drawn in its favour by the Buyer in purported satisfaction of any unpaid invoice is dishonoured on presentation
- instruct a debt collection agency (apart from solicitors) to recover any sum due and in that case all charges incurred by the Publisher as a result of such instruction shall be payable by the Buyer in any event.
6.
The Publisher shall be entitled to withdraw, or adjust at its discretion, any discount given to the Buyer should payment terms not be met.
7.
All material originated by the Publisher remains the Publisher’s copyright.
8.
The Publisher reserves the right at its discretion and without notice to the Buyer
- To decline to publish, or omit, alter or suspend any Profile otherwise accepted for insertion
- to change its scale of membership rates at any time
- to change any matters shown on its sales pack
9.
With regard to the actual or intended insertion of a Profile the Publisher shall not be responsible to the Buyer for
- check the correctness of the Profile as the information is received from the buyer
- any error in the profile as it is received from the Buyer
- the wording of the Profile
- the distribution of the profile in any specific geographical area
- any loss caused by any delay or failure by the Publisher to issue the Profile on the due date, or the Publisher’s decision to suspend or cease the web site altogether
- the payment of any damages or other compensation for breach of contract because of the Publisher’s failure to perform any of its obligations under this contract if such failure is caused by anything beyond the Publishers reasonable control (that is to say a force majeure).
10.
Subject to Condition 9 above, if a Profile contains an error then provided the Buyer gives written notice to the Publisher of the error in the Profile then the buyer is entitled to amend the profile free of charge within one working week of notification.
11.
The Publisher shall be entitled (without prejudice to any other remedy available) to treat this contract as repudiated if the Buyer
- being an individual dies or makes any voluntary arrangement with his creditors or his estate becomes subject to an administration order or he becomes bankrupt
- being a company has a receiver appointed to manage its assets or it enters into liquidation (other than for the purpose of amalgamation or reconstruction)
- allows an encumbrancer to take possession of any of its property or assets
- ceases or threatens to cease to carry on business.
12.
The Buyer shall indemnify and keep indemnified the Publisher against all proceedings, claims, demands, damages, costs, expenses or any other loss whatsoever arising directly or reasonably foreseeable as a result of the publication of the Profile or any breach of the Buyer’s obligations under these conditions or implied by law.
13.
The placing of an order for the insertion of a Profile shall amount to an acceptance of these conditions and
- any stipulations contained in an order given by the Buyer shall be void and of no effect insofar as such stipulations are inconsistent with these conditions
14.
This contract shall be governed by and construed according to English law and the parties submit to the exclusive jurisdiction of the English courts.
I WARRANT THE TRUTH OF ALL THE STATEMENTS ON THIS FORM AND HAVE READ YOUR TERMS AND CONDITIONS AND AGREE THAT THEY WILL APPLY TO ANY ORDER PLACED BY ME WITH ANY MEMBER OF GLOBAL SEARCHLIGHT LTD. I ALSO CONFIRM THAT ALL DIRECTORS, PARTNERS AND PROPRIETORS ARE OVER 18 YEARS OF AGE AND THAT I AM AUTHORISED TO SIGN ON BEHALF OF THE BUYER.