1. These terms and conditions set out the contract between a1touristguide (hereinafter known as the 'the supplier') and the accommodation owner, or authorised employee of the accommodation owner, or representative of the accommodation owner (hereinafter known as 'the client') who places an order for one or more paid or free listings and/or one or more web pages located at www.a1touristguide.com (hereinafter known as 'the site').
2. The service supplied by the supplier is an advertising service and the accuracy and validity of the information relating to the business of the client that is displayed on the site is the sole responsibility of the client. The decision regarding which directory to place the advertisement in lies solely with the client as the supplier has no way of accurately determining the status of the client's accommodation service. When a client places an order for a paid listing, any corresponding free listing will be removed from the directory until the paid listing is activated. The supplier will endeavour to activate a1touristguide listings within five working days (Monday to Friday, excluding bank holidays in Scotland) from receipt of payment,. If a listing is not activated after fifteen working days of making payment the client should contact the supplier with full payment details so that the matter can be investigated. The client indemnifies the supplier against and any liabilities relating to content, including but not limited to all damages, losses, costs and expenses by reason of and/or on account of the following:
a) Any libel or any infringement of copyright due to copy and/or computer graphics and/or photographs supplied by the client to the supplier in physical form or by way of authorisation from the client to reproduce any html code and/or copy and/or computer graphics and/or photographs by electronic or other reproduction methods from a web site owned or leased by the client.
b) Any infringement of the Trade Descriptions Act 1968 and 1972, the Consumer Protection Act 1987 or any other applicable legislation or regulation.
c) Any infringement of the rules of any authority, organisation, company, or individual regarding ratings or approvals in relation to any information supplied by the client to the supplier.
3. In the event that the supplier is found liable to pay fines, damage, costs or expenses due to any cause stated in sections 2a, 2b, and 2c, the client will be liable to pay the same to the supplier.
4. In the event that any programming code, and/or copy, and/or computer graphics, and/or photographs supplied by the client to the supplier in physical form or by way of authorisation from the client to reproduce any programming code, and/or copy, and/or computer graphics, and/or photographs by electronic or other reproduction methods is found to be liable to cause any libel or infringement as detailed in sections 2a, 2b and 2c, all advertising on the site for that client will be removed.
5. The supplier agrees to upload the advertisement for the client's goods or services to the supplier's servers or server capacity leased to the supplier for the site on receipt of cleared funds and all copy, photographs and any other material from the client. The period of advertising for any advertisement will commence on the day the completed advertisement is uploaded onto the server and made available to visitors of the site. Where the supplier displays a map link in the listing to the approximate location of the client's address, this is a free service supplied by Google and is created by use of the post code only. It is agreed that the supplier is not responsible for the accuracy of any map or other information supplied on the Google web site. It is agreed that the supplier may make alterations to the design of the site, including positioning of listings and the availability of listings, without reference to the client. Where the client requests a hyperlink to their own web site the supplier may refuse to link to that site for any reason
6. Use of client email addresses: If the client has a listing in one of the supplier's directories it is agreed that the client's email address is held in the supplier's database for the purposes of sending marketing and administrative mails regarding the client's listings in any or all of the supplier's web sites. Clients' email addresses will not be used to market any third party products or for any other reason than specified herein. Client's email addresses will not be sold or supplied to any third party for any reason whatsoever.
7. The supplier will endeavor to ensure that the servers are operating constantly, and the supplier will not be liable for any loss of availability of the site for reasons of power failure, act of God, technical fault or any other reason.
8. The supplier will submit the Universal Resource Locator (URL) of the site, including any URL within the site domain which has been specifically allocated to the client, to as many search engines and as frequently as the supplier deems necessary.The supplier retains the right to include links to any web page owned by the supplier or partners of the supplier within the web pages allocated to the client at the sole discretion of the supplier. Furthermore the supplier retains the right to exclude any links to any other web site from pages within the site allocated to the client at the sole discretion of the supplier.
9. The supplier will endeavor to maintain and increase rankings for the site, and the client's sub-domain (if applicable) within the site, within the search engines identified in section 8 above. The supplier will not be liable for any low ranking within, or failure to index to, or any permanent or temporary removal from any search engine for any reason whatsoever. The supplier will endeavor to encourage visitors to the site and does not accept any liability for the number of visitors to the site or the lack of visitors to the site.
10. It is the responsibility of the client to ensure that the content of their advertisement is factually correct throughout the advertising period. The client may make amendments to such information at any time during the period of contract by sending details of amendments to the supplier, either by post or by e-mail to the address shown on the site. The client must include their telephone number as displayed in the listings on the site with any request for amendment. If the product purchased is a complete web page, the client will be charged a fee for any amendment in accordance with the fees applicable at the time of the request for amendment and any such amendment will be processed when the fees have been paid by the client. This will only apply to descriptive text, graphics elements or layout alterations, and changes of contact details will not attract an amendment charge.
11. There is no requirement for the client to place a reciprocal link on their web site, but if the client decides to do so they should not put more than one link, and the supplier gives the client permission to include the fact that they are members of a1touristguide for as long as they have a listing on the website.
12. The supplier will inform the client within fourteen days of the end of the contract period that the contract is due for renewal. The renewal cost will be the cost of advertising on the site as applies at the time of renewal. If the client pays the renewal cost before the last day of expiry of the contract, the advertisement will continue to be available to visitors of the site without interruption of service (subject to the provisions of section 7 above).
13. This clause does not apply to free listing clients. In the event of termination of this contract by either party at any time during the contract period, for any reason other than those specified in section 4 above, the supplier may make a refund to the client in respect of the remainder of the contract period, subject to deductions from such refund in respect of administrative charges (currently £50.00 minimum, or the full cost of the advertisement, whichever is the lesser amount) relating to the contract, and at the supplier's discretion.
14. If a client wishes to transfer ownership of an advertisement the client must supply written authorisation to do so. A transfer fee of £25 is payable by the incoming client and any time left on an advertisement will be re-allocated upon payment.
15. This contract is formed under and is subject to Scottish law.