TERMS AND CONDITIONS FOR WEBSITE ADVERTISING

Acceptance of Terms

The following Terms and Conditions ("Terms") apply to the advertising contract and each future request for the supply of advertising services received from the client from time to time unless otherwise agreed in writing. The supply of advertising services on the worldwide web directed by the URL www.opticaldirectory.co.uk ("the Website") shall be subject to these Terms which shall take precedence over any terms and conditions the client may submit.

Price and Payment

In return for the displaying of advertising on the Website the client shall pay the fee specified by Optical Marketplace Limited at the time of enquiry ("Job Cost"). Optical Marketplace Limited reserves the right to charge the client interest at 4% per year above the base rate of Barclays Bank Plc from time to time accruing daily on every invoice overdue for payment calculated from the date of the invoice until the date of payment. Optical Marketplace Limited reserves the right to require the client to pay the total Job Cost prior to the commencement of advertising.

Any changes to the advertising requested by the client after the conclusion of the contract may be subject to charges in addition to the Job Cost.

Term and Termination

Unless terminated as provided here, the advertisement will be displayed on the Website for a period of one (1) year from conclusion of the contract. Either party may terminate the contract upon thirty (30) days written notice. Such termination shall be without prejudice to the parties' accrued rights and liabilities; for example, Optical Marketplace Limited's entitlement to payment for the advertising.

Display of Advertisements

The client shall provide an electronic image of the advertisement which is to appear on the Website. The advertisement shall be submitted to Optical Marketplace Limited for approval prior to being published on the Website.

Optical Marketplace Limited shall have the right to edit, alter or modify the advertisement for the purposes of correcting errors, making the advertisement conform to Optical Marketplace Limited's house style and to remove any material which may in the opinion of Optical Marketplace Limited damage Optical Marketplace Limited's reputation or breach these Terms. Optical Marketplace Limited has the right at its sole discretion to decline to publish or omit or suspend the advertisement. The client shall grant to Optical Marketplace Limited a right to use, reproduce, display, transmit and distribute the advertisement (or any part thereof) on the website or by any other means of electronic communication or in print.

Unless otherwise agreed the advertisement will be displayed on random pages of the website.

The client is responsible for the accuracy of the advertisement and warrants that the advertisement is not misleading, is legal, accurate and complies with current legislation pertaining to advertising and the subject matter of the advertisement.

All advertisements are published in good faith by Optical Marketplace Limited, however, Optical Marketplace Limited does not in any circumstances accept responsibility for the accuracy or otherwise of any published advertisement nor is any kind of warranty expressed or implied by such publication.

Limitation of Liability

OPTICAL MARKETPLACE LIMITED HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY WHATSOEVER (INCLUDING LIABILITY FOR CONSEQUENTIAL LOSS OR LOSS OF PROFIT) HOWSOEVER ARISING FROM THE PUBLICATION OF ANY ADVERTISEMENT WHETHER DUE TO INACCURACY, ERROR, OMISSION OR ANY OTHER CAUSE AND WHETHER ON THE PART OF OPTICAL MARKETPLACE LIMITED OR ITS SERVANTS, AGENTS OR ANY OTHER PERSON.

The client will indemnify Optical Marketplace Limited against all loss, damage, costs, claims and expenses which Optical Marketplace Limited may suffer or incur as a result of any material breach of these Terms, without prejudice to the generality of the foregoing, this indemnity will extend to material placed on the website which breaches the Intellectual Property Right of any third party notwithstanding any publication by Optical Marketplace Limited.

Relationship of Parties

Nothing in these Terms will create or imply an agency relationship, a joint venture or partnership between Optical Marketplace Limited and the client.

Non-assignment

The client will not assign its obligations under these Terms in whole or in part without the prior written consent of Optical Marketplace Limited.

WEBSITE DISCLAIMER

Optical Marketplace Limited makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the contents of this website and expressly disclaims liability for errors and omissions in the contents of this website.

No warranty of any kind, implied, expressed or statutory, including but not limited to the warranties of non-infringement – infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given with respect of the contents of this website.

Optical Marketplace Limited particularly does not give any warranty or other assurance as to the accuracy of the details of the directory and material appearing on this site.

Optical Marketplace Limited expressly disclaims liability for errors and omissions in the contents of this website. Access to the site maybe interrupted, restricted or delayed for any reason.

You acknowledge that any reliance on material found on this website will be at your own risk.

To the fullest extent permissible by law Optical Marketplace Limited disclaims all responsibility for any damages or losses including without limitation, financial loss, loss of profits or other consequential losses, arising from the use of this website or any material appearing on it.

You may be offered a number of automatic links to other sites which may interest you. We accept no responsibility for or liability in respect of the content of those sites. The use of any automatic links to these sites is entirely at your own risk.