Terms and Conditions for Advertisers
Please read these Terms and Conditions carefully as they contain important information about your rights and obligations. You may print out these Terms and Conditions by clicking on the print icon on your browser.
- 1.1 Please read these Terms and Conditions carefully before purchasing services (“Services”) from the website located at https://www.entsweb.co.uk (“Our Website”) which is owned and operated by EntsWeb (“EW”, “our”, “we”, or “us”). These Terms and Conditions apply to the entire content of Our Website, the purchase of any Services, and any other features, content, applications and websites associated with or linked to Our Website. By accessing and/or using Our Website you agree to be legally bound by these Terms and Conditions which may be modified and posted on Our Website from time to time.
- 1.2 If you do not wish to be bound by these Terms and Conditions then you may not use Our Website or purchase Services from Our Website.
- 1.3 We may alter these Terms and Conditions from time to time and post the new version on Our Website, following which all purchases of Services from Our Website will be governed by that version. You must check these Terms and Conditions on Our Website regularly.
2. Nature of our website
- 2.1 In order to use our Services you must set up an account with us and become a member (“Member”). Details of how to set up an account can be found on Our Website. Our Website provides a place for Members to upload and publish their advertising content and website details in the form of an entry or advertisement in the EntsWeb Directory and enables you to manage your content online. The Services available on Our Website are described in more detail on Our Website.
- 2.2 Please note that Our Website is available only to individuals who can form legally binding contracts under the applicable law. You must be over 18 years old to purchase the Services, using the payment methods displayed on Our Website. If you do not qualify, then please leave Our Website now.
4. Modifications to services
- 4.1 We reserve the right, at any time, without notice, to make changes or corrections, alter, suspend or discontinue any aspect of Our Website or the contents or the Services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including Services shall be subject to these Terms and Conditions.
5. Information you provide to us
5.1 The following applies to any information you provide to us, for example during any registration or purchase of Services.
- You authorise us to use, store or otherwise process any personal information which relates to you and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the Services which are available through Our Website by us, our partners, successors (including the purchase of the whole or part of our business), associates, sub-contractors or other third parties. If you would like details of the companies involved in our business these will be provided on request.
- If you choose to buy Services through Our Website we may collect information about you and if you send us personal correspondence such as emails or letters, or post reviews or other messages on the bulletin boards of chat areas, we may collect this information into a file specific to you. All such information collected by us shall be referred to in these Terms and Conditions as “Personal Information”.
- You must ensure that the Personal Information you provide is accurate and complete and that all ordering and/or registration details contain your correct name, address and other requested details.
- All Personal Information is processed in accordance with the Data Protection Act 1988.
- By accepting these Terms and Conditions you agree to the processing and disclosure of the Personal Information for the purposes set out in this clause 5.1. If you would like to review or modify any part of your Personal Information then you should contact us using this Contact Form.
- We reserve the right to store any information we have about you and disclose such information if we determine that such disclosure is necessary, including but not limited to, in order to comply with applicable law, or in connection with any action or investigation, or to enforce these Terms and Conditions.
6. Your content
6.1 The following also applies to all advertisements and/or entries including but not limited to text, pictures, artwork, audio files, messages, videos, emails, bulletin board postings, ideas, suggestions, concepts or any other material submitted by you to us or uploaded, published, posted, transmitted or linked to Our Website by you (“Your Content”):
- You warrant that you own or have the right (including but not limited to obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations) to publish Your Content on Our Website and all Your Content must be accurate, relevant, complete, legal, honest, decent, truthful and is of a professional and inoffensive nature;
- You warrant that you and Your Content comply with all applicable legislation, laws, regulations, standards and/or codes of practice in the UK (including without limitation BCAP and CAP) and in all other jurisdictions where you operate;
- You warrant that Your Content on our Website is to the best of your knowledge free from known viruses, hostile computer programs, disabling programs and devices and is not being displayed against the wishes of any third party who provided it to you and is not in breach of any obligations of confidentiality;
- You warrant that Your Content does not constitute or encourage a criminal offence, give rise to civil liability or breach or infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party in any jurisdiction;
- You warrant that Your Content is not obscene, abusive, harmful, malicious, threatening, pornographic, profane, libellous or defamatory of any person or is otherwise objectionable in any way or unlawful in any jurisdiction;
- We have the right to monitor Your Content and may edit, reject or remove Your Content if we believe that it does not comply with the provisions of this clause 6.1. and, in particular, we reserve the right to remove any of Your Content if we believe that the content is or may be inappropriate.
6.2 Your Content must comply with the following:
- Linked websites which cause third party advertising pop ups and windows to open will not be accepted. Websites already listed will be deleted if they are found to be in breach of this provision.
- All linked websites must be entertainment, music or leisure related. Websites which do not fall into one or more of these categories will be rejected.
- Linked websites containing “adult” material, pornographic, dubious or unsavoury content, bad language or other dubious content will not be listed.
- Promotion of online gambling will not be accepted
- Linked websites must be complete and working and any website which is full of dead links, has major errors or just shows a holding page will not be listed.
- The text of Your Content should be in proper sentence case and/or capitalisation. Use of all uppercase or all lowercase text is not permitted and text written in all uppercase letters will be removed.
- Entry titles must be business, stage or trading names. Only genuine business, trading or stage names are allowed as a title.
- 6.3 Members will be provided with login details with which they can login and gain access to the “Members Area”. From the Members Area they will be able to change the content of their entry including text and photographs. They will also be able to upload or link to video files and audio files.
- 6.4 You grant us a non-exclusive, irrevocable, royalty free, world-wide licence to publish all Your Content except any portion of Your Content which is Personal Information. You have sole responsibility for Your Content and you shall indemnify and keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Your Content, your use of Our Website and/or any unlicensed use of third party intellectual property.
- 6.5 We reserve the right to reveal your identity (or any information we have about you) in the event of a complaint or legal action arising from any information uploaded to Our Website by you.
7. Categories & subcategories
- 7.1 The EntsWeb Directory located at Our Website is divided into various categories such as Musicians, Venues, Agents, etc. These categories are further split into classes such as, in the case of the Musicians category, Harpists, Jazz Bands, Function Bands, etc. All entries must be placed under the appropriate category and class. Entries cannot be added to the directory under categories or classes which, in our opinion, do not match with the content of the linked website.
- 7.2 In cases where we consider there has been a mismatch; we will notify you by email. If you make no reply to this email, we will choose the appropriate category and class for your entry.
- 7.3 To overcome this restriction you can take a banner advertisement rather than a directory listing entry. Banner ads can be placed on almost any website page and under any category or class regardless of the category of goods or services being advertised.
- 7.4 If a category becomes overcrowded it may be split into geographical regions for ease of directory use.
- 8.1 You are solely responsible for all use of, and any activity that occurs under, your account and in all respects for protecting the confidentiality of any user name, email verification and password that may have been given to you or selected by you for use on Our Website. You may not share these with or transfer them to any third party. You must notify EntsWeb immediately of any unauthorised use of them or any other breach of security regarding Our Website that comes to your attention.
- 8.2 You agree not to use anyone else's account, user name, email verification or password for use on Our Website.8.3 You agree not to attempt to access by illegitimate means, any part, feature or Services of Our Website or any other associated or linked websites, systems or networks.
9. Applicability of online materials
- 9.1 Our Website is controlled and operated by us from our offices in England. We do not endorse or recommend Your Content in any way and Your Content is published in good faith. We do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of Your Content (whether published on or off-line).
- 9.2 We have used our best endeavours to ensure that Our Website complies with UK law. However, we make no representations that Your Content is appropriate for use in any location world wide. Those who use Our Website do so on their own initiative and are responsible for compliance with all applicable laws. If the viewing or use of Our Website, or the use of any materials or content on Our Website or Services offered through Our Website are contrary to or infringe any applicable law in your jurisdiction, you are not authorised to view or use Our Website and you must exit immediately.
- 9.3 EW makes no representation and gives no warranties, express or implied, that making the Services available in any particular jurisdiction is permitted under any laws or regulations.
10. Buying services
10.1 To obtain any Services, you will need to register as an Entsweb Member.
Just Register with a password and email address. You can then choose which EntsWeb features you would like to use.
Details of the different types of Services that we offer, prices for those Services and procedures for payment are displayed here on Our Website.
- 10.2 The price of the Services is the price in force at the date and time of your order. We may change the price of any Services before you place an order. We try to ensure that current prices are displayed on Our Website but the price on your order will need to be validated by us as part of the acceptance procedure. We will inform you if the correct price is higher than that stated in your order and you may decide whether you wish to proceed at the correct price or cancel your order.
- 10.3 The prices are exclusive of applicable taxes, which will be added to the price. A VAT or CIF number is required if you are based outside the UK, but located in the EU. If a valid tax number is not provided, then VAT at the prevailing rate will be added to your invoice.
- 10.4 EW is entitled at its sole discretion and at any time to refuse any order placed by you. If your order is accepted, and you have confirmed payment, the order will then be fulfilled within approximately five working days. We shall not be liable for any delay in delivery of the Service howsoever caused.
- 10.5 All payments for the Services shall be made in UK pounds sterling (£). You may pay for the Services via our online secure PayPal facility, by bank transfer or by bank standing. We accept all major credit and debit cards.
- 10.6 If you pay us by direct debit, we collect the payment from your nominated bank account [not less than  days from the issue of the invoice]. You must ensure that sufficient funds are available in your account.
- 10.7 If you pay us by credit card, it is your responsibility to ensure that each payment is made online by the due date. We will charge your nominated credit card in advance of the period to which the payment relates.
- 10.8 You undertake that all details you provide to us for the purpose of purchasing Services which may be offered by us on Our Website will be correct.
- 10.9 You undertake that the PayPal account, credit or debit card is your own and that there are sufficient funds or credit facilities to cover the cost of any Services. We reserve the right to obtain validation of your credit or debit card details or your PayPal account before providing you with any Services. We reserve the right to insist on payment prior to providing you with any Services.
10.10 Without prejudice to any other right or remedy that EW may have, if you fail to pay EW on the due date, EW may:
- charge interest on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Barclays National Bank, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and you shall pay the interest immediately on demand. EW may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; and
- suspend all Services until payment has been made in full; and
- remove all of Your Content from Our Website on a permanent or temporary basis.
In these circumstances no compensation will be payable to you and should Your Content be reinstated no extension of time will be given in lieu of lost advertising time.
- 10.11 Time for payment shall be of the essence.
- 10.12 All sums payable to EW under any contract made under these Terms and Conditions shall become due immediately on its termination, despite any other provision. This condition 10.12 is without prejudice to any right to claim for interest under the law, or any such right under these Terms and Conditions.
- 10.13 EW may, without prejudice to any other rights it may have, set off any liability of yours to EW against any liability of EW to you.
- 11.1 Once payment of the Service has been confirmed by you, such Service is made available to you through Our Website. You are not able to cancel any purchase after you have confirmed payment. Unless otherwise provided by law, all charges are non-refundable unless stated otherwise.
12. Copyright and monitoring
- 12.1 The contents (including, but not limited to, all trade marks, logos, graphics, text, photographs, music, artwork, designs, arrangements, data, code and software) of Our Website are protected by International Copyright Laws and other intellectual property rights. The owner of these rights is EW, its affiliates or other third party licensors. All product and company names and logos mentioned in Our Website are the trade marks, service marks or trading names of their respective owners, including us.
- 12.2 You may, for the sole purpose of purchasing and/or using the Services, download material specifically made available by us for downloading from Our Website, on the basis that you do not modify, copy, reproduce, republish, upload, encode, translate, post, transmit or distribute, by any means or in any manner, any such material or information and such materials and information are only for your own private and personal use.
- 12.3 Subject to clause 12.2 you may not, by any means or in any manner, access, monitor, modify, copy, reproduce, republish, upload, encode, translate, post, transmit or distribute, any part or feature of Our Website or any material or information on or downloaded from Our Website (including but not limited to music, pod casts, text, photographs, graphics, video, messages, code and software) without our prior written consent except where expressly invited to do so through Our Website.
13. Your use of our website
- 13.1 You warrant and undertake that you will not, nor will you authorise or permit any third party to, use Our Website and/or any of its materials or contents for any purpose that is illegal, in violation of any law or regulation or prohibited by these Terms and Conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material, or otherwise infringing the rights of any third party in any country in the world.
- 13.2 If you breach these Terms and Conditions then your permission to use Our Website terminates immediately without the necessity of any notice being given to you and EW expressly reserves the right to take such action as it deems necessary in respect of such breach. A breach or threatened breach of these Terms and Conditions by you will cause irreparable damage and as such EW may therefore be entitled to injunctive or other equitable relief in order to prevent a breach or threatened breach of these Terms and Conditions.
- 13.3 You must not attempt to interfere with the proper working of Our Website or any transaction being conducted on Our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into or otherwise disrupt any computer system, server, website, router or any other internet connected device.
- 13.4 You will comply fully with all your obligations under the UK Data Protection Act 1988 with respect to personal data made available to you through Our Website and will not make available to third parties any such personal data without explicit consent.
- 13.5 You will comply with all UK Legislation and other regulatory and compliance standards that are applicable to your business or your transactions within the UK and in any other jurisdictions in which you and/or your client(s) may operate.
14. Availability and access
- 14.1 We shall use reasonable endeavours to make Our Website and Services available but cannot guarantee that Our Website and Services will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.
- 14.2 Access to Our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond EW control.
- 14.3 We do not and cannot guarantee that Our Website will be free from unauthorised users or hackers.
- 14.4 We retain the right to deny access to any person who fails to comply with these Terms and Conditions.
- 14.5 EW shall provide technical support services between 9 am to 5pm from Monday to Friday. EW shall use its reasonable endeavours to process support requests, determine the source of the problem and respond to you within 48 Hours.
15.1 We exclude all express or implied terms and conditions, warranties, representations or endorsements whatsoever with regard to:
- Our Website;
- any use or inability to use or the results of use of Our Website;
- any websites linked to Our Website; and
- any information and Services provided through Our Website.
15.2 This condition 15 sets out the entire financial liability of EW (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to you in respect of:
- any breach of these Terms and Conditions;
- any use made by you of Our Website and/or the Services or any part of them; and
- any representation, statement or tortious act or omission (including negligence) arising under or in connection with the provision of Services under these Terms and Conditions.
- 15.3 We accept no liability for: any indirect or consequential, special or punitive loss, damage, costs and expenses or for any loss or corruption of data or loss of profit, revenue or business (whether direct of indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the purchase of Services, the viewing, use or performance of Our Website or its contents, we accept no liability for this loss or damage whether due to inaccuracy, error, omission, performance, interruption, deletion, infection, viruses, unauthorised access, or any other cause whether on the part of EW, our servants, agents or any other person or entity. You are responsible for maintaining insurance cover in respect of any such loss or damage.
- 15.4 If we are liable to you for any reason, our total aggregate liability will be limited to the amount paid by you for the Services concerned. This does not apply to any liability we have for death or personal injury resulting from our negligence or from our fraudulent misrepresentation.
- 15.5 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use Our Website and is compatible with Our Website. You are responsible for your use of Our Website and any associated linked websites. You also understand that we can not and do not guarantee or warrant that any material available for downloading from Our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
- 15.6 We do not warrant or assume any liability or responsibility for the accuracy, completeness or usefulness of any content including Your Content on Our Website.
- 15.7 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
- 16.1 You agree to indemnify and hold us harmless from any demands, liability, loss, claim, and expenses (including reasonable legal fees) related to any breach by you or non-observance of these Terms and Conditions or arising from your use of Our Website or the provision of Services by us to you.
17.1 All notices shall be given
- to us via this Contact Form or by post at: - EntsWeb [Orchard Cottage, Main Street, Thwing, Driffield, East Riding of Yorkshire, YO25 3DY]
- to you at either the email or postal address you provide during any ordering process.
- notice will be deemed received when an email is received in full (or else from the next business day if it is received on a weekend or public holiday in the place of receipt) or 3 days after the date of posting.
18.1 We may terminate any contract made under these Terms and Conditions immediately:
- if you fail to pay any sums due to us as they fall due; or
- if you breach any of these Terms and Conditions and you fail to correct the breaches within ten (10) days following written notice from us specifying the breach; or
- if you are a company and you go into insolvent liquidation or if you are a person and you are declared bankrupt.
- 18.2 On termination of any contract made under these Terms and Conditions, we shall be entitled to immediately remove all of Your Content from Our Website.
- 19.1 Any contract made under these Terms and Conditions shall be automatically renewable on a yearly/annual basis [unless terminated by one months notice prior to the renewal date by either party.] In the event of early termination of the contract, no refund will be given.
- 19.2 We may assign, transfer, novate or sub-contract any or all of our rights and obligations under these Terms and Conditions at any time. You agree that you may not assign, transfer, novate or sub-contract any or all of your rights and obligations under these Terms and Conditions at any time without EW's prior written consent.
- 19.3 These Terms and Conditions together with any order form and payment method instructions, if any, are the whole agreement between you and EW. You acknowledge that you have not entered into this agreement in reliance on any statement, warranty or representation made by EW or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms and Conditions by reason of any misrepresentation (other than fraudulent misrepresentation) that is not contained in the Terms and Conditions, order form and payment method instructions.
- 19.4 If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
- 19.5 These Terms and Conditions and your use of Our Website are governed by and construed in accordance with English Law and you submit to the exclusive jurisdiction of the English Courts. Judgement may be enforced in any court of competent jurisdiction.
- 19.6 Except in respect of a payment obligation, neither you nor EW will be held liable for any failure to perform any obligation to the other due to causes beyond your or EW's respective reasonable control.
- 19.7 Failure or delay by either party enforcing an obligation or exercising a right under these Terms and Conditions does not constitute a waiver of that right or obligation.
- 19.8 A person who is not a party to any contract made under these Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.