TERMS AND CONDITIONS OF ADVERTISING

BY LISTING YOUR DETAILS ON OUR WEBSITE YOU CONFIRM YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS OF ADVERTISING.

1              TERM AND DURATION

1.1          Your request for a listing and your acceptance of these terms and conditions

                shall constitute an offer by you for the requested services.

1.2          No contract shall be deemed to have been made until we accept

                your offer:

1.2.1                by confirmation in writing, whether electronically or

                         otherwise; or

1.2.2                we post your listing on our website.

1.3          The contract shall commence on the date that your listing is posted

                by us on our website.

1.4         The contract shall continue for an initial period of six months and shall continue thereafter for further six-month periods until terminated in accordance with these terms and conditions, or by you giving us not less than two months notice ending on the expiry of the initial or any subsequent six-month period.

2              YOUR OBLIGATIONS

2.1          You must:

2.1.1                pay to us our fees;

2.1.2                provide us with the content required for your listing;

2.1.3                ensure that the content provided by you is

                         throughout the term:

                                2.1.3.1                not in breach of the intellectual property rights

                                                            of any third party;

2.1.3.2                free from viruses, bugs or malicious computer

                            code and, prior to sending the content to us,

                            has been scanned using up-to-date virus

                            detection software;

                                2.1.3.3                not illegal, deceptive, inaccurate, misleading or

                                                            offensive; and

                                2.1.3.4                accurate and up-to-date.

2.1.4                ensure that the content of all websites linked through your

                         listing comply with clause 2.1.3;

                         If you fail to comply with clause 2.1.3 or this clause 2.1.4

                         we shall be entitled to suspend, withdraw or amend your

                         listing(s) as we see fit, without being obliged to give you

                         any notice.

2.1.5                grant to us the right to access all websites linked

                         through your listing and create links from our websites

                         to the same;

2.1.6                ensure that you accurately categorise your business;

                         If we consider that your business is in an incorrect

                         category or categories we reserve the right to amend

                         your listing accordingly.

2.1.7                ensure that the e-mail address provided by you is correct,

                         checked regularly and is updated where appropriate.

2.2          You accept and acknowledge that:

2.2.1                due to the reliance of our website upon computer 

                         and telecommunications services which are provided

                         by third parties and which we have no reasonable

                         control over, we can not and do not guarantee, warrant

                         or represent that the website will be uninterrupted or

                          fault free;

2.2.3                in making your listing available we may be required to

                         include your details in a database which may, in

                         accordance with the Unsolicited Goods and Services

                         Act 1971, constitute an entry in a directory within the

                         meaning of section 3 of that Act. Your offer in

                         accordance with clause 1.1 shall constitute

                         your agreement to the inclusion.

3              OUR OBLIGATIONS

3.1          We shall:

3.1.1                endeavour to make our website available to

                         third party users; and

3.1.2                provide the services subscribed by you using

                         the reasonable care and skill of a competent

                         provider of those services.

4.             FEES

4.1          Our fees for the services are those set out on our website when you request your listing, or such revised fees as may be notified to you by not less than 28 days notice.

4.2          We shall render an invoice to you in respect of our fees, which shall be payable within 30 days of the date of the invoice.

4.3          Interest shall accrue on all outstanding monies due to us at a rate of 5% above the base rate of Lloyds TSB Bank plc.

4.4          All fees are, unless otherwise stated, exclusive of VAT and VAT shall be payable thereon where applicable.

5.                LIMITATION OF LIABILITY

5.1          Neither we nor any of our directors, employees, agents or other representatives will be liable for loss or damage arising out of or in connection with the advertising of your listing.  This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

5.2                Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

5.3          Save as provided in clause 5.2, our entire liability to you under this contract shall not exceed the fees paid by you to us in the 12-month period preceding the date of your claim.

6.                INDEMNITY

6.1          You shall indemnify and hold us harmless from and against any action, cause, claim, damage, debt, demand or liability, including reasonable legal costs, asserted by a third party arising out of a material breach of these Terms and Conditions by you.

6.2          You are solely responsible for ensuring that your listing is compliant with any International, European, UK or local laws and regulations issued by a competent regulator pertaining to advertising and in particular advertising in connection with the services which you are advertising. You agree to fully indemnify us in respect of all costs and expenses of any kind, including reasonable legal fees, incurred by us in connection with or related to any actual, or threatened violations by the you of any such laws or regulations.

7.                TERMINATION

7.1          We may terminate the contract between you and us without prior notice if:

7.1.1               You do not pay the fees payable to us in accordance with

                        these Terms and Conditions;

7.1.2               You commit a material breach of your obligations under

                        these Terms and Conditions and (in the case of a breach

                        capable of being remedied) shall have failed to

                        remedy the breach within 28 daysof receipt of the

                        request in writing from us to do so and a breach shall

                        be considered capable of remedy if you can comply with

                        the provision in question in all respects other than as

                        to the time of performance;

7.1.3               You hold any meeting with or propose to enter into or have

                        proposed to you any arrangement or composition with

                        your creditors (including any voluntary arrangement as

                        described in the Insolvency Act 1986); have a receiver, 

                        administrator, or other encumbrancer take possession

                        of or appointed over or have any distress, execution or

                        other process levied or enforced

                        (and not discharged within seven days) upon the whole

                        or substantially all of your assets; cease or threaten to

                         cease to carry on business or become unable to pay

                         your debts within the meaning of Section 123 of the

                         Insolvency Act 1986; or

7.1.4 You, or in the case of a partnership any of the partners,

                       are declared bankrupt.

7.2          Upon termination:

7.2.1                we shall remove your listing and any other services

                         provided by us to you shall be suspended indefinitely;

7.2.2                any sums payable by you to us shall become payable

                         immediately, without set-off;

7.2.3                any rights granted to you under these Terms and

                         Conditions shall immediately cease;

8                RELATIONSHIP

8.1         Nothing in this Agreement shall be construed as constituting or evidencing any partnership, agency or joint venture between you and us.

8.2          You shall not assign any of your rights or obligations under this contract without our prior written consent.

8.3          We shall be entitled to assign any of our rights and obligations under this contract to a third party.

9              ENTIRE AGREEMENT

9.1          These terms and conditions represent the entire agreement between us and you and supersedes all previous communications, representations and arrangements, written or oral. If a court of competent jurisdiction should find any provision of these terms and conditions to be invalid or unenforceable that provision shall be severed from these terms and conditions and the remaining provisions shall continue in full force and effect.

10.           JURISDICTION

10.1        These terms and conditions are governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English courts. 

11.          NOTICE

11.1        We may give you notice under this contract by sending an e-mail to most recent e-mail address or by letter sent by pre-paid first class post to your most recent address; which shall be deemed to be duly served on the working day following sending an e-mail; or the second working day following the posting of a letter.

11.2        You may give notice under this contract by sending a letter by pre-paid first class post to our registered office; which shall be deemed to be duly served on the second working day following the posting of the letter.

12.          WAIVER

12.1.       Save as provided in these Terms and Conditions, no forbearance, delay or indulgence by us in enforcing the provisions of these Terms and Conditions shall prejudice or restrict our rights nor shall any waiver of its rights operate as a waiver of any subsequent breach and no right, power or remedy herein conferred upon or reserved for us is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.          

13.          THIRD PARTY RIGHTS

13.1        A person who is not a party to this contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

14.          GENERAL

14.1        References to 'we' and 'us' relate to Find4You Limited, whose registered office is at 29 WARWICK ROAD, COVENTRY, CV1 2ES , registered in England and Wales No. 5958025.

14.2        For the purposes of these Terms and Conditions:

'content' shall include your basic listing and, where you have selected the service, your advance listing webpage.

'intellectual property rights' shall include patents, trade marks, design rights (whether registerable or otherwise), trade secrets, applications for any of the foregoing, copyright, database rights, know how, trade or business names and other similar rights or obligations whether registerable or not in any country