Terms & Conditions

Terms & Conditions applicable to Clients

DEFINITIONS

    Advertisement
    Means the online listing within the Fortuna.co.uk Website of information as set out in the Order;
    Agreement
    Means the binding agreement between the client and the company comprising the Order, any direct debit or continuous payment authority(as applicable) and these standard terms & conditions;
    Business Search Listing
    Means the directory-style listing containing name of business and contact details which links to a further information page or pages for that business;
    Category/Categories
    Means the business type listing or listings in which the Advertisement will be listed;
    Charges
    Means the amounts the Company charges the Client for the Services;
    Client
    Means the person, company or other organisation (named on the Order as the client) who offers to purchase one or more Services or a person, company or other organisation who or which enters into a Contract with us for the provision of Services;
    Company
    Means Fortuna Networks Limited whose Company Registration No. is 07016903 and whose Registered Address is 11 Aquarium, 101 Lower Anchor Street, Chelmsford, Essex, United Kingdom. CM2 0AU;
    Content
    Means any and all of the text, graphics, images, logos, photographs, layout, design, shading and colouration constituting or intended to be in an Advertisement;
    Domain Name
    Means an internet domain name as may be registered through a Registry;
    Franchisee
    Means any person or business licensed by the Company to provide the Services;
    Fortuna Websites
    Means Fortuna Networks Limited websites & all associated domains;
    Order
    Means the form, electronic, online or otherwise requesting listing of the Advertisement;
    Person
    Means any individual acting on behalf of a Client;
    Registry
    Means any of the Domain Name registries or registrars operating under the ICANN protocols;
    Services
    Means the provision of directory style listing, website design and /or hosting, software, e-marketing campaigns, internet based telecommunication facilities and any and all other services provided by the Company;
    Terms and Conditions
    Means the terms and conditions on which the Company conducts its business;
    User
    Means any person, company or other organisation which accesses the Fortuna Networks Websites to search for business information or use any of the other facilities of the site;

 

GENERAL POLICIES

    • The Company has, in common with all reputable advertising businesses, adopted the codes of practice of the Committee of Advertising Practice (CAP) and requires that all Clients using the Fortuna Websites adhere to the codes of practice and all relevant legislation, and ensure that their Advertisement is honest and decent. More information on CAP can be found by visiting www.cap.org.uk where a free check of your proposed Advertisement can be made if you require. The Company reserves the right to check any Advertisement via this means prior to listing but listing does not confirm that such a check has taken place.
    • Clients have sole responsibility for ensuring that Advertisements comply with all laws, regulations and/or applicable codes of practice, do not infringe any third party intellectual property rights and are not obscene, indecent or otherwise offensive.
    • It is the Clients responsibility to supply all mandatory and legal statements relating to the business, which must feature within the Advertisement.

  2. The Client may choose to have their Advertisement listed under all appropriate Categories for their business type, certain business Categories have legal or other special restrictions which may specify that certain content is required or that only certain persons may be allowed to advertise within that Categories, where such restrictions apply the Company will endeavour to ensure that the Client complies with the restrictions but it is the sole responsibility of the Client to ensure that such restrictions are met.
  3. The Company reserves the right to refuse, edit, suspend or amend any Advertisement.
  4. Completion of the Order constitutes acceptance by the Client of the Terms and Conditions.
  5. The Client acknowledges and accepts that computer systems and the internet are not uninterrupted or fault free and the Company do not make any representation or warranty in relation to such systems. The Client further acknowledges and accepts that occasional periods of downtime for repair, maintenance and upgrading may be required and the Company cannot therefore guarantee uninterrupted provision of Services. All commercially reasonable steps to minimise any such periods of interruption or non-availability will be taken.
  6. Any variation in the Agreement or these Terms and Conditions will only be effective if agreed in writing by a director of the Company.
  7. A Franchisee may act on behalf of the Company in the provision of Services;
  8. The Client will indemnify the Company, its employees, agents and Franchisees against all claims, proceedings, expenses, losses and damages arising from any beach of the Agreement by the Client or from publishing any information or material supplied by the Client or distributing on behalf of the Client an Advertisement including any claims for illegality, false description, defamation or breach of any third party rights.
  9. The Company shall have copyright in all copy, artwork and other material which it, its employees, agents or Franchisees have created or contributed to. The Client shall not be entitled to use such copy, artwork and other material in any other form or media without the prior written consent of the Company, nor shall the Client gain any intellectual rights or ownership thereof.
  10. The Agreement shall come into force upon our acceptance of the Order.
  11. The Agreement is made and shall be subject to the laws of England and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.

    12.  

    Prohibited Use

  12. The Client may not use our Websites:
    • in any manner that breaches any applicable local, national or international law or regulations;
    • in any manner that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
    • for the purpose of harming or attempting to harm minors in any way;
    • for the sending, knowingly receiving, uploading, downloading, using or re-using any material which does not comply with our Terms and Conditions;
    • for the transmission, or the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation commonly referred to as spam;
    • knowingly to transmit any data, send or upload any material containing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  13. The Client also agrees:
    • not to reproduce, duplicate, copy or re-sell any part of our site.
    • not to access without authority, interfere with, damage or disrupt:
      • any part of our site;
      • any equipment or network on which our site is stored;
      • any software used in the provision of our site;
      • any equipment or network or software owned or used by any third party.

     

    CATEGORY LISTINGS

  14. Please contact us if you require our list of Categories.

    15.  

    BUSINESS NAMES

  15. The name of the business must be clearly displayed in the advertisement and should be the usual trading style of the business. Variations from the usual trading name must be authorised by the Company and will not be permitted where, in the sole opinion of the Company, the variation is being used for the purposes of misleading the User or to obtain a more prominent position alpha numerically. As an example a business whose usual trading style or registered name is “ Zebedee Tyres and Exhausts” would not be allowed to use the style “ A Zebedee Tyres and Exhausts”.

    16.  

    Content

  16. Advertisements in languages other than English are permitted but the Company reserve the right to ask the Client for a certified translation into English at the expense of the Client.
  17. It is the responsibility of the Client to include all mandatory and legal statements relating to the business within the Advertisement.
  18. Advertisements must not be likely to cause offence either by their use of language or images. Advertisements with an adult content will be only be accepted at the discretion of the Company where all sensitive material will only be available to registered Users over the age of eighteen.
  19. Advertisements must be honest and truthful, not make unsubstantiated claims or be likely to mislead Users in any manner whatsoever. In particular Clients should take care that all claims made regarding products or services can be substantiated and the Company reserves the right to see proof of any claims prior to the Advertisement appearing on the Fortuna Networks Websites.
  20. Clients must include their full contact details on the order but are not obliged to put their address in the content of the Advertisement. Telephone numbers must include information clearly identifying any non-geographic, premium, personal or mobile telephone numbers used. Where such numbers are used Clients must include the statement “Calls may be charged by your provider at a higher rate, please check with your provider for more details”. For more information in respect of premium call numbers please visit www.phonepayplus.org.uk.
  21. Clients may only use copyrighted material including trade marks within the advertisement where either they, the Client, own the rights to such material or trade marks or where the owner of the material or trade marks has authorised the Client to use such material and /or trademarks in advertising copy. The Company reserves the right to require proof of ownership or relevant authorisation for any material or trade marks used in any Advertisement.
  22. Any goods or services being advertised must comply with the requirements of the Trade Description Act 1968 or any subsequent legislation which adds to or replaces this act.
  23. Advertisements that may cause offence or be considered discriminatory on the grounds of age, race, religion, sex, sexual orientation or disability are not permitted.
  24. In accordance with the Medicines Advertising Regulations 1994 prescription medicines may not be advertised.
  25. Where Advertisements include details of special offers or discounts it is the responsibility of the Client to ensure that such offers or discounts are current and are removed immediately upon expiry.
  26. The CAP Code allows for comparative claims to be made in advertisements providing they are not misleading in any way, only make comparisons between products or services of the same or very similar type and do not directly or indirectly infer that the quality, reputation or integrity of other products, services or businesses is of a lesser nature.

    27.  

    TERMS AND PAYMENT

  27. All payments for advertising are due monthly in advance unless otherwise agreed in writing by the Company. Payments for additional services including but not restricted to e-mail campaigns are due on invoice.
  28. Standard payment terms shall be Direct Debit, Standing Order or Continuous Payment Authority at the option of the Company, alternative methods of payment will be subject to prior approval in writing by the Company.
  29. All amounts are exclusive of VAT and where applicable VAT will be added to the invoice amount.
  30. The Agreement shall continue for the minimum term stated in the Order, thereafter the Agreement may be cancelled by the Client by giving one month’s written notice of cancellation.
  31. The Agreement may be cancelled at any time by the Company and save where this is due to a breach of the Terms and Conditions by the Client the Client shall then be entitled to a pro-rata refund of any advance payment for which the Service has not been provided.

    32.  

    GENERAL

  32. The Company shall not be liable, to the maximum extent permitted by applicable law, for any of the following losses or damage (whether arising in contract, tort (including negligence) strict liability, or otherwise, and whether such losses or damage were foreseen, foreseeable, known or otherwise):
    • loss of revenue;
    • loss of actual or anticipated profits (including for loss of profits on contracts);
    • loss of business;
    • loss of opportunity;
    • loss of goodwill;
    • loss of anticipated savings;
    • loss of reputation;
    • loss of, damage to or corruption of data or software;
    • wasted expenditure; or
    • any indirect or consequential loss or damage (including, for the avoidance of doubt, where such loss or damage is of the type specified in Conditions to).

  33. Our entire liability under the Agreement shall not exceed the total Charges paid by you for the Services.
  34. If the Company makes any error in, or omission of or from an Advertisement (provided that such error or omission does not arise as a result of a failure by the Client to comply with your obligations under the Agreement), we will correct this as soon as reasonably practicable upon receipt of written notification and without charge to you. Further, we may reduce the Charges for such Service as is fair and reasonable having regard to the nature of the error or omission or extend the duration of the Agreement without charge to you. Save as provided above, this represents the full extent of our liability to you in respect of errors in or omissions from Advertisements.
  35. Except as set out in the Agreement, if we fail to comply with our obligations under the Agreement as a result of an event outside of our reasonable control, we will have no liability to you as a result of such failure. We will promptly notify you as soon as reasonably practicable (and in any case, within ten (10) working days) and we will take all reasonable steps to eliminate, reduce or otherwise mitigate the consequences of such an event, and where possible, resume performance of our obligations affected by that event as soon as practicable.
  36. The Client accept that where listings have been submitted to the Company, or where instructions have been given to the Company to change the listings on its behalf, it is the Clients sole responsibility to verify that modifications have been made correctly and advise the Company immediately of any error or omissions.
  37. The Company do not exclude or restrict liability for death or personal injury arising from our negligence.
  38. The Client acknowledges and agrees that any Orders requiring the inclusion of an Advertisement or other details relating to the Client in a Database may constitute an entry in a directory within the meaning of Section 3 of the Unsolicited Goods and Services Act 1971 as amended from time to time and that the Advertisement Order shall be construed as the note of agreement required by the same Section 3.
  39. Where the provision of the Services require the Company to register a Domain Name for an Client this shall be registered in the general form www.(name of your business)-fortuna.co.uk, in such circumstance as the chosen name shall be unavailable the Company will offer the Client alternative choices which are available.
  40. The Domain name shall be registered in the name of and owned by the Company at all times save where the Company, at its sole option, shall agree to transfer the registration to the Client for the amount then specified by the Company.

  41. The Company is committed to the continued improvement and expansion of the services offered. Notwithstanding the terms of the Agreement, the Company reserves the right to modify the Fortuna Websites or any of the Services from time to time without prior notice but in so doing will try not to diminish the value and utility of the Services to any material degree. If the Company considers, acting reasonably, that such modification is likely to have a serious detrimental effect on your financial position, we will notify you of such modification and you shall have the option to:
    • agree to the modification and continue to receive the Services; or
    • cancel the Agreement and receive a pro-rata refund of any amounts paid in advance for periods after the cancellation.

  42. Without prejudice to any other rights and obligations, the Client represents, warrants and undertakes that throughout the term of the Contract:
    • it has and will continue have the authority to enter into the Agreement and to perform its obligations in accordance with it;
    • the Person is acting and shall act in a business capacity on behalf of the Client and not as an individual or as a consumer;
    • the Agreement is entered into and shall be operated solely for legitimate business activities.

  43. This Agreement sets out the entire agreement and understanding between the Client and the Company and it replaces all previous agreements, arrangements and understandings between the parties. The Client is not entering into the Agreement or any part of the arrangements by relying upon the statements or warranties that are not set out in the Agreement. This Agreement shall be construed in accordance with and governed by the Laws of England and the parties hereto submit to the non-exclusive jurisdiction of the English Courts.