Terms & Conditions of Business

1. DEFINITIONS AND INTERPRETATION
In these Terms:

1.2 BID supplies internet business resources and a free internet business directory service on its own account and not as agent or otherwise on behalf of any other party.

2. HEADINGS
Headings are included in these Terms for convenience only and shall not affect the construction or interpretation of these Terms.

3. THESE TERMS TO APPLY
These Terms shall apply to the provision of the Services and shall apply to the exclusion of any and all other terms and conditions of the Client, whether included in any purchase order, acceptance letter or otherwise.

4. OBLIGATIONS OF BID
4.1 The Services shall be provided by BID with reasonable skill and care and BID will use its best endeavors to procure that the Services are accurate and are available to the public throughout the Term.
4.2 Any period or periods of non-availability of the Services not amounting in total to more than one calendar month during the Term shall not entitle the Client to terminate the Initial Contract or the Contract or to any refund.
4.3 BID shall have the right to provide the Services upon any domain name or names from time to time maintained by BID or any associated company at its own option and discretion including during any period or periods of non-availability as set out in Condition 4.2.

5. CHARGES
5.1 All charges payable under the Initial Contract and the Contract are due on the Contract Date and BID shall be under no obligation to provide any Services until after such payment has been received by BID.
5.2 All charges payable under the Initial Contract and the Contract are exclusive of Value Added Tax, which shall be paid by the Client in addition, where applicable.
5.3 Any services requested by the Client and performed by BID in addition to the Services (the “Additional Services”) will be charged for by BID in accordance with the normal scale of hourly charges of BID current at the time such Additional Services are invoiced.
5.4 All charges unpaid within 28 days of the date of BID’s Invoice shall bear interest on a daily basis at a rate two per cent above the unsecured overdraft rate from time to time of HSBC Bank.
5.5 The Client will be liable for the costs of debt collection in the event a debt collection company appointed by BID is required to recover monies owing by the Client to BID save that such sums will be identified to the Client in advance prior to such costs being incurred.

6. COMMENCEMENT
6.1 The Initial Contract will commence on the Contract Date and last for the Term.
6.2 The Client is entitled to cancel the Initial Contract within seven days of the Contract Date whether the Initial Contract was entered into by phone, fax, post or email.
6.3 After expiry of the seven day cancellation period as set out in 6.2, subsequent requests by the Client for cancellation or amendment of the Initial Contract will only be considered by BID if made by the Client in writing.
6.4 BID will use all reasonable endeavors to list the Client in accordance with the Services within seven working days of the contract Date.
6.5 If an Initial Contract is due to commence more than seven working days after the Contract Date, 6.4 shall refer to the date when the Term actually commences.

7. CLIENT’S DEFAULT, TERMINATION, AND CANCELLATIONS
7.1 The Initial Contract or the Contract may be terminated by BID by notice in writing to the Client if the Client shall;
7.1.1 fail to pay any sum due to BID within 14 days of its due date;
7.1.2 have a receiver or administrative receiver appointed;
7.1.3 pass a resolution for winding-up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction);
7.1.4 come subject to an administration order, enter into any voluntary arrangement with its creditors; or
7.1.5 cease or threaten to cease to carry on business.
7.2 Any termination of the Initial Contract or the Contract (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
7.3 On the expiry of the Initial Contract, the Initial Contract shall automatically renew for the Term (and thereon be referred to as the Contract) unless the Client has provided BID with written notice of its wish to terminate in accordance with clause 7.5.
7.4 Each continuing Contract shall automatically renew for the Term on the Contract Date unless the Client has provided BID with written notice of its wish to terminate in accordance with clause 7.5.
7.5 BID must receive the Client’s written notice to terminate not less than seven days before the end of the Initial Contract or the Contract as the case may be.
7.6 For the avoidance of doubt a notice in writing includes a notice by fax, email or letter.

8. RESPONSIBILITIES OF THE CLIENT
8.1 The Client shall supply to BID in BID’s standard form of listing all information required by BID to enable BID to perform the Services effectively.
8.2 The Client warrants that all information supplied to BID in accordance with 8.1 is true, accurate and complies with any and all advertising code(s) currently in force at the date such information is provided.
8.2 The Client warrants in respect of any web site which is referred to in BID’s listing that the contents of that web site are legally listed and free from criminal or tortious activity and the Client shall indemnify BID against any costs claims and demands whatsoever and wheresoever arising out of the inclusion of such website in BID’s listing.

9. LIABILITY
9.1 In no circumstances shall BID have any obligation or duty or liability in contract, tort, negligence, breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care.
9.2 Except where otherwise provided in these Terms BID shall be under no liability whatsoever except where caused by the negligence or willful default of BID its servants or agents.
9.3 All Terms, warranties or other terms or conditions, whether express or implied, statutory or otherwise, are hereby expressly excluded provided that nothing in this paragraph shall exclude or restrict any statutory liability of BID or its servants or agents.
9.4 BID shall not be liable to the Client in contract, tort, negligence, breach of statutory duty or otherwise for any indirect or consequential or economic loss whatsoever, including but not limited to loss of business, data, use of equipment or other facilities, profits, future contracts or anticipated savings.
9.5 BID’s total liability in contract, tort, negligence, breach of statutory duty or otherwise arising out of or in connection with the Services or any other products supplied by BID shall be limited to the cost of provision of the Services to any one event or series of connected events.
9.6 Each of these Terms excluding or limiting liability is to be construed as a separate exclusion or limitation applying and surviving even if for any reason one or other of the said Terms is held inapplicable or unreasonable in any circumstances and shall remain in full force notwithstanding termination of the Initial Contract or the Contract.

10. GENERAL
10.1 The Client warrants that it has not relied on any representation except as contained in the contents of the telephone conversation or other communication with BID which gave rise to the Initial Contract, the Contract, arrangement, understanding, term or agreement (whether written or oral) not expressly set out or referred to in the Initial Contract and the Contract and save as so expressly set out in the Initial Contract and the Contract or as may be imposed by statute, all such representations, arrangements, understandings, terms or agreements are excluded to the fullest extent permitted by law.
10.2 By accepting the provision of the Services the Client consents to be contacted by BID from time to time during the Term of the Initial Contract and the Contract for the purposes of communicating the benefits of the Service and offering or promoting services or products which are ancillary, related, or of similar type to the Services
10.3 If any of the provisions of the Initial Contract and the Contract are invalid under any applicable statute or rule of law then to that extent they are deemed omitted and the validity of the other provisions of the Initial Contract and the Contract shall not be affected.
10.4 Any notice to be given hereunder shall be delivered or sent by post email or fax to the address of the other party set out in the Initial Contract and the Contract and any notice shall be deemed to have been served if delivered by hand at the time of delivery, if sent by first class pre-paid post to and from an address within the United Kingdom 48 hours after posting, if by pre-paid airmail to or from an address outside the United Kingdom 5 days after posting and if sent by email or fax when dispatched.
10.5 BID may advertise or otherwise disclose the Terms of the Initial Contract and the Contract save to the extent that the Client shall have reasonably raised a prior objection in writing.
10.6 The Initial Contract and the Contract shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.
10.7 BID will make Free Listings and Priority Package customers’ details available on a UK or National search unless specified otherwise by the Client in writing.