TERMS & CONDITIONS OF ADVERTISING
These terms shall apply in addition to all other terms and conditions on this site. In the event of a conflict arising out of these terms and any others on the site, the provisions of these terms shall prevail.
For the purposes of these terms, an ‘Advertisement’ refers to all types of advertisements including (without limitation) Features, Banner Advertisements, Sponsored Services, Enhanced / Premium / Platinum Service and Job Postings on our website privatehealthvisitor.com, our privatehealthvisitor.com email newsletter and our privatehealthvisitor.com iPhone, iPad and Android apps privatehealthvisitor.com
Private Health Visitor accepts the publication of the Advertisements on the terms set out below and by placing an order, the Advertiser (being the person or organisation placing the order for the Advertisement, whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these terms in full.
Formats
- a) FeaturesFeatures on the section pages (eg Jobs Page) are displayed underneath the search and Features on the search results pages are displayed above the listing results. For information on Featured Nurseries
- b) Enhanced / Premium / Platinum ServiceThe Advertiser’s listing(s) features in the top part of area listings on privatehealthvisitor.com with logo and photo. In addition, the Advertiser logo, up to 3 photos and up to 150 word description are displayed on the Advertiser’s profile page and the Advertiser has access to services such job vacancies, recommendation cards and press release distribution.Photos and logos should be supplied in JPEG format.
Private Health Visitor reserves the right at any time to change the format of an Enhanced / Premium / Platinum Service.
- c) Sponsored Services
The Advertiser’s listing features in the top part of the listings on privatehealthvisitor.com for a specific category. In addition, the Advertiser logo is displayed on the Advertiser’s profile page and the Advertiser has access to services such as press release distribution.
Photos and logos should be supplied in JPEG format.
Private Health Visitor reserves the right at any time to change the format of a Sponsored Service.
- d) Email Newsletter Banner Advertisements
The dimensions of Banner Advertisements on the Email Newsletter are 160×160 pixels, with a maximum size of 100kb. All email newsletter Banner Advertisements should be supplied in JPEG or PNG formatfor full details of Email Newsletter Banner Advertisements.
- e) Job Postings
- e) Jobs Postings
Employers/Recruitment agencies in posting jobs will comply with all applicable local, national and international laws, including but not limited to the Data Protection Act 1998 and the Equality Act 2010.
In addition to the content standard outlined above, a job posting must not:
– contain more than one job or job description, more than one location or more than one job category
– be a duplicate of another live job
– contain any web links to other websites
– contain any telephone numbers/emails except in the telephone number/email fields
– name towns, districts, counties that are unrelated to the job
– name companies/organisations that are unrelated to the job
– directly or indirectly require or ask for application or registration fees
– advertise sexual services or seek employees for jobs of a sexual nature
The job description cannot be edited once posted.
Job credits, unless otherwise agreed, will be valid for 1 year.
We cannot guarantee that each job will be posted to our entire job network.
Duration of agreements
The start date and duration of Features, Banner Advertisements, Enhanced / Premium / Platinum Service, Sponsored Services will be agreed by both Advertiser and Private Health Visitor and to be confirmed via email correspondence between Private Health Visitor and Advertiser. The duration of the agreement will be for 1 year unless otherwise agreed, except for Banner Advertisements on the Email Newsletter, which have a duration of 1 month unless otherwise agreed. Job Postings go live as soon as they are posted and then are displayed for 30 days.
Without limiting its other rights or remedies, Private Health Visitor may terminate these terms at any time by giving to the Advertiser no less than one (1) months’ prior written notice. On termination of these terms:
(a) the Advertiser will, where applicable, immediately pay to Private Health Visitor any fees that have accrued from the start date of the Advertisements to the date of termination; and
(b) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.Content, display, placement and links
The Advertiser will ensure any Advertisements it wishes Private Health Visitor to use will be delivered to Private Health Visitor in a timely manner and in any event on or before such date as Private Health Visitor may notify the Advertiser in writing from time to time and the Advertiser shall be solely responsible for delivering the Advertisements to Private Health Visitor.
Where Private Health Visitor considers an Advertisement to be unsuitable or contrary to these terms, it may, without any liability to the Advertiser, reject, remove or require any Advertisement (or part of it) to be amended.
The Advertiser represents, warrants and undertakes to Private Health Visitor that:
(a) any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
(b) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
(c) the Advertisements are legal, decent, honest and truthful, and comply with all applicable laws, regulations or codes of practice; and
(d) the Advertisements are not libellous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights).Where the Advertiser is an advertising agency or media buyer, the Advertiser further warrants that it is authorised by the advertiser of a product or service to place the Advertisement with Private Health Visitor and the Advertiser will compensate Private Health Visitor for any claim made by such advertiser against Private Health Visitor.
The placement of Banner Advertisements will be agreed in advance in writing by both the Advertiser and Private Health Visitor.
Banner Advertisements will link to the listing page of the Advertiser, unless otherwise agreed. If it is agreed that the Banner Advertisements should link direct to the Advertisers website, the link of the Banner Advertisement will have a no follow attribute and will pass through a gateway page so that Private Health Visitor can track website statistics.
For Enhanced / Premium / Platinum Service and Sponsored Services, the links on the profile pages will have a no follow attribute and will pass through a gateway page so that Private Health Visitor can track website statistics.
Fees and payment
The prices for the Advertisements will be set out in the quotation provided by Private Health Visitor, and all prices quoted are exclusive of VAT. Private Health Visitor reserves the right to change the prices at any time. Once an order for an Advertisement has been received the order is non-cancellable and non-refundable.
All Advertisements on our site will be invoiced on date of agreement, unless otherwise agreed.
All invoices are payable within 30 days from the date of invoice and time for payment is of the essence.
Private Health Visitor may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising, as required under these terms.
Without limiting any other right or remedy of Private Health Visitor, if the Advertiser fails to make any payment due to Private Health Visitor under these terms by the due date for payment, Private Health Visitor shall have the right to charge interest on the overdue amount at the rate of 4% per annum above the then current Bank of England’s base rate accruing on a daily basis from the date of due payment until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.
All fees are non-refundable and will not be pro-rated should Advertiser decide to discontinue the display of an Advertisement.
Rights
Notwithstanding the other terms and conditions on Private Health Visitor’ site, the Advertiser acknowledges and agrees that Private Health Visitor owns the intellectual property rights in all Advertisements written or designed by it, or on its behalf.
The Advertiser grants to Tomorrow’s Guide a non-exclusive, royalty-free, irrevocable licence to:
(a) use the Advertiser’s names, trade marks and/or logos as Private Health Visitor may consider reasonably necessary for the purposes of publishing the Advertisements; and
(b) reproduce the Advertisements in any media at any time.Non Exclusivity
All agreements are non-exclusive, meaning Private Health Visitor may have Advertisements from several parties appearing on its site at the same time.
Service interruptions
Private Health Visitor will not be responsible for any liability, loss, cost, claim, damage or causes of action of any kind (and whether direct or indirect) that it may suffer as a result of the transactions contemplated hereby, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause or fault.
Data Protection
Advertisers shall at all times comply with the requirements of the Data Protection Act 1998 in respect of any data including data relating to their customers and relatives of their customers used in requesting and obtaining feedback.
Truth in advertising / indemnification for liability
The Advertiser is solely responsible for any liability arising out of or relating to Advertisements (as the case may be) and the use and/or publication of them, and/or any material to which users can link through to. The Advertiser represents and warrants that any information found on URLs hyperlinked from Advertisements will not violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trade mark, trade secret, image or other proprietary or confidential information or property right, false advertising, unfair competition, defamation, invasion of privacy or rights, violation of any anti discrimination law or regulation, or any other right of any person or entity.
The Advertiser agrees to indemnify Private Health Visitor and to hold Private Health Visitor, and its officers, directors, employees and agents harmless from any and all liability, loss, cost, damages, claims or causes of action of any kind, including reasonable legal fees and expenses that may be incurred by Private Health Visitor, arising out of or related to the Advertiser’s breach of any representations and warranties in these terms.
Limitation of liability
Private Health Visitor’ liability for losses suffered by the Advertiser as a result of a breach of these terms by Private Health Visitor is strictly limited to the price paid for the Advertisements.
Private Health Visitor’ liability for losses suffered by the Advertiser as a result of a breach of these terms by Private Health Visitor is strictly limited to liability in respect of claims brought within one year of the date of the invoice for the Advertisement.
To the fullest extent permitted by law, Private Health Visitor expressly excludes any liability for any indirect, special or consequential loss or damage arising out of or in connection with these terms or an Advertisement, and also excludes, without limitation, any liability for:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and
(h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.This does not affect Private Health Visitor’ liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Severability
If any of these terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Governing law
Agreements shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts in connection with any disputes which might arise out of, under or in connection with this agreement.
- b) Enhanced / Premium / Platinum ServiceThe Advertiser’s listing(s) features in the top part of area listings on privatehealthvisitor.com with logo and photo. In addition, the Advertiser logo, up to 3 photos and up to 150 word description are displayed on the Advertiser’s profile page and the Advertiser has access to services such job vacancies, recommendation cards and press release distribution.Photos and logos should be supplied in JPEG format.