terms &conditions

Terms and Conditions

BY SIGNING A SUBSCRIPTION FORM OR BY RECEIVING REGULAR COPIES OF THE CONSTRUCTION LEADS OR ACCESSING WWW.CONSTRUCTIONLEADS.CO.UK, AS DETAILED HEREIN, THE USER IS ACCEPTING AND WILL BE BOUND BY THE CURRENT TERMS AND CONDITIONS WHICH MAY BE UPDATED FROM TIME TO TIME

1. INTERPRETATION

In these Terms and Conditions, the following words and phrases shall bear the following meanings:

"Data" means data or information in any format, whether existing at the time of registration or not, which is communicated or transmitted to the Subscriber and/or its User(s) in accordance with the Service.

"Service" means Data supplied to the Subscriber and/or its User(s) in accordance with the Terms and Conditions herein and which comprises, inter alia but is not restricted to, Construction Leads news, Construction Leads news archive, projects data and organisation details. Other data or information, including data or information originating from or owned by third parties (‘Third Party Data”, see below), may be made available or removed by Construction Leads from time to time at Construction Leads’s sole discretion.

"Subscriber" is any person(s) or body at whose application Construction Leads provides the publication or on-line service, either in their or its own right, or on behalf of whom they make application.

"User" is any person(s) or body/bodies authorised by the Subscriber to use the publication or on-line Service, such person(s) or body being those contemplated by Construction Leads and the Subscriber at the time of registration, and evidenced, inter alia, by information or details on the Subscription Form.

"Third Party Data" means data or information originating from or owned by third parties supplied as additional to the Service. Certain data, additional to the Service, may be made available by Construction Leads, acting as agents for third party database owners or their licensors, to the Subscriber and its User(s). All intellectual property rights in the Third Party Data vest with the third party or its licensor(s).

"Subscription Period" means the period of twelve (12) months from the Subscription Start Date or the anniversary or subsequent anniversaries thereof.

"Subscription Start Date" means the date on which Construction Leads receives the signed Subscription Form from the Subscriber at Construction Leads’s registered address or such address as Construction Leads shall specify from time to time.

"Invoice Date" means the date on which an invoice is issued by Construction Leads to the Subscriber and is determined by the date shown at the top of the invoice and not by the date of posting or receipt by the Subscriber.

"Equipment" means equipment, whether existing at the time of subscription or not, which enables the Subscriber or its User(s) to access the Service.

2. DURATION AND TERMINATION

2.1 The Subscription Period shall be deemed to commence on the Subscription Start Date and thereafter shall continue for successive periods of twelve (12) months from the anniversary or subsequent anniversaries of the Subscription Start Date and, subject to any earlier termination as provided for in paragraph 2 herein, shall continue until terminated by Construction Leads or the Subscriber by giving no less than thirty days’ written notice to the other party prior to the anniversary or subsequent anniversaries of the Subscription Start Date.

2.2 Construction Leads may suspend or terminate access to the publication or on-line Service without notice if:
(a) any fees, charges or other payment due hereunder are unpaid for more than fourteen days after becoming due;
(b) the Subscriber and/or its User(s) commit(s) a breach or default of any term herein and fails to remedy it promptly on receiving notice of it;
(c) the Subscriber enters into liquidation or any arrangement or composition with its creditors or if a receiver or administrator or administrative receiver is appointed against any of its assets or business.

2.3 Construction Leads may, at its sole discretion, withdraw any Third Party Data and/or other data not included within the Service or components of such data by giving the Subscriber notice in writing.

2.4 Expiry or termination of the Service shall be without prejudice to the accrued rights and obligations of the parties.

3. PROVISION OF AND ACCESS TO THE SERVICE

3.1 Subject to the terms herein and for the duration of the Service, Construction Leads shall provide the Subscriber and its User(s) with the Service for the Subscription Period.

3.2 Construction Leads shall allocate to the Subscriber and its User(s) such passwords and other identifiers as it thinks fit and may alter these from time to time upon reasonable notice being given to the Subscriber.

3.3 Any password is issued for the authorised use of the Subscriber or its User(s) only and is not transferable, and shall be kept strictly confidential. The Subscriber agrees to:
(a) notify Construction Leads of any changes relating to its User(s) as soon as possible. Liability arising from breach of this clause shall be maintained until such notification has been received by Construction Leads;

(b) indemnify Construction Leads against any unauthorised use, in breach of these Terms and Conditions, of such password(s) including its use by a third party where the Subscriber or its User(s) has allowed or facilitated access to any Data, Third Party Data or other data, however so received, in conjunction with the subscription to the Service, by that third party, subject to prior written consent of Construction Leads.

3.4 Construction Leads reserves the right without notice to:
(a) alter the arrangements for access to the Service; and/or
(b) change the content, presentation and/or facilities of the Service. Construction Leads will endeavour to give the Subscriber or its User(s) reasonable notice of any alterations or changes, which are likely to affect the Subscriber or its User(s). The continued use of the Service by the User after changes are posted constitutes the User’s acceptance of any such changes.

4. COPYRIGHT AND PERMITTED USE

4.1 The copyright in the Data is and remains the property of Construction Leads and its licensors. Save where expressly permitted by these Terms and Conditions, the Data and/or Third Party Data may not be copied, distributed, sold, reproduced, modified, licensed or dealt with in whole or in part without the prior written consent of Construction Leads. All use of Construction Leads data shall be accredited with Construction Leads’s moral rights.

4.2 All Trade Marks and other intellectual property rights included within the Service, expressly including "Construction Leads", "www.constructionleads.co.uk" and the design, arrangement, and look and feel, are the property of Construction Leads, save those owned by third parties. Construction Leads reserves all rights in its Trade Marks.

5. CHARGES

5.1 All charges are payable from the Subscription Start Date. Subscription charges are invoiced and payable annually in advance. Other charges incurred under the subscription, such as access to Third Party Data where applicable, shall be invoiced separately.

5.2 The User will be responsible for all Internet connection charges and utility charges or related costs.

5.3 All invoices for the Service are payable by the Subscriber within thirty (30) days of the Invoice Date. If the Subscriber fails to pay any charges when due then Construction Leads shall be entitled at its discretion to levy interest on all outstanding amounts due at a rate of four per cent above Lloyds TSB plc base rate calculated on a daily basis.

5.4 All charges are exclusive of Value Added Tax, which will be added to the Subscriber’s bill.

6. LIMITATION AND EXCLUSION OF LIABILITY

6.1 Whilst Construction Leads endeavours to ensure the accuracy of all Data contained in the Service, neither Construction Leads nor its agents nor its licensors make any representation or give any warranty, either express or implied, as to the accuracy or fitness for any purpose of any Data received by means of the publication and on-line Service.

6.2 Neither Construction Leads nor its agents nor its licensors shall have any liability whatsoever to the Subscriber or its User(s) or any third party, for any direct, indirect or consequential loss or damage cost or expense suffered or incurred (whether arising in tort, contract or otherwise, and whether arising from the negligence of Construction Leads or its employees or agents or licensors and whether asserted against Construction Leads or against the Subscriber or its User(s) arising out of the use or supply of the Service or the Data) and all warranties express or implied which are inconsistent with this paragraph 6 are hereby expressly excluded.

6.3 The Subscriber shall indemnify Construction Leads against all costs claims demands or expenses incurred by or made against Construction Leads as a result of any breach by the Subscriber and/or its User(s) of these Terms and Conditions.

6.4 Whilst all necessary steps will be taken as soon as is reasonably practicable to maintain the continuity of the Service, Construction Leads accepts no liability for suspension, interruption, temporary unavailability or fault occurring in the Service, however so caused.

7. ASSIGNMENT

The Subscriber may not assign the benefit or burden of this Agreement or any part thereof without the prior written permission of Construction Leads.

8. FORCE MAJEURE

Construction Leads shall be under no liability for any failure, delay or omission on its part if the same arises from any cause beyond Construction Leads's reasonable control including (but not limited to) Acts of God, acts or regulations of government or other authorities, war, fire, strikes or other industrial disputes, power failure, failure of telecommunication lines connections or equipment or failure or defects in any hardware or software owned or
supplied by third parties.

9. SERVICE OF NOTICE

Any notice to be given to either party by the other shall be in writing and delivered by hand or pre-paid post to the parties at one of the following addresses: To Construction Leads, Eagle Tower, Montpellier Drive, Cheltenham, Gloucestershire, GL50 1TA. To the Subscriber: at the address at which the Service is provided or the address of the Subscriber shown on the Subscriber’s last invoice or any address subsequently notified in writing by the Subscriber to Construction Leads.

10. APPLICABLE LAW

These Terms and Conditions shall be construed in accordance with the Laws of England and shall be subject to the exclusive jurisdiction of the English courts.

11. ENTIRE AGREEMENT

These Terms and Conditions together with the Register Form, save for written agreement to the contrary, shall form the entire arrangement between parties and supersede all prior Terms and Conditions, arrangements or understandings about its subject matter.

12. VARIATIONS

Construction Leads may vary or amend the above Terms and Conditions by giving the Subscriber written notice thereof at any time.

April 2007