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I accept the online marketing package Terms & Conditions.
1.
IFA Promotion ("IFAP") will provide the services substantially as described in the Online Marketing Package section on unbiased.co.uk, or those services that the IFA Member is able to utilise at any time, subject to the IFA Member maintaining an active website and email address ("the Services"). The domain address and email address, where relevant, will be as held on the IFAP database entry for the IFA Member and updated by the IFA Member from time to time.
2.
The IFA Member will pay to IFAP the monthly or annual fee selected by the IFA Member as prescribed in the application form or as otherwise advised before any renewal. All sums specified overleaf exclude VAT which (if applicable) shall be payable by the IFA Member in addition.
3.
This Agreement shall continue in force subject to termination as provided below.
4.
The IFA Member warrants that its entry into this Agreement does not breach any other agreement to which it is party and that its website complies with all applicable laws, government rules and regulations and industry codes including (without limitation) those with respect to data protection, advertising and the Financial Services Regulations and that it owns or has the right to use all intellectual property rights in, and relating to its website.
5.
The IFA Member will be entirely responsible for the content of its website and will indemnify and hold IFAP harmless from and against all liabilities, losses, damages, costs and expenses in relation to any claims or actions brought against IFAP (including without limitation any claim in contract or tort or for defamation, obscenity or breach of privacy) relating to or arising out of the IFA Member's website including but not limited to any breach of the terms of this Agreement.
6.
Other than in respect of liability which cannot be excluded or limited by law IFAP excludes all liability whatsoever in respect of all claims whether in contract or tort (including negligence) or otherwise arising out of this Agreement or any other collateral contract, for any loss or damage directly or indirectly incurred including without limitation, for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity or for any other indirect or consequential loss or damage.
7.
IFAP may terminate this Agreement forthwith if the full membership agreement between IFAP and the IFA member has been terminated; Either party may terminate this Agreement: by at least one (1) month's notice; forthwith by notice to the other if the other materially alters the content or structure of its website; forthwith by notice to the other if the other has committed a material breach of this Agreement;
8.
Without prejudice to condition 7 above IFAP will be entitled at any time forthwith by notice to terminate this Agreement if in its absolute discretion it may think fit.
9.
Upon termination of the Services by either IFAP or the IFA Member, IFAP shall discontinue all Services. In the absence of default on the part of the IFA Member, the IFA Member shall be entitled to a refund of any fees paid by it in respect of each complete calendar month following the date of termination. Upon termination of the Services, the IFA Member's online entry will revert to its standard entry as from time to time in place or in default thereof such standard entry as may be supplied by IFAP for the time being.
10.
Neither this Agreement nor any rights obtained under it shall be assignable by either party, both parties confirming that they act as principal. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement and no rights or benefits expressly or impliedly conferred by it shall be enforceable under that Act against the parties to it by any person.
11.
All notices or other communications between the parties may be by telephone, e-mail, fax or letter sent by prepaid post provided that any notice to terminate this Agreement given by either party by telephone, e-mail or fax shall be confirmed by letter sent by prepaid post to the address given in the application form or such other address as has been notified by either party to the other. Any notice sent by e-mail or fax shall be deemed to have been received on the date of transmission and any notice sent by prepaid post shall be deemed to have been received three (3) days after the date of posting.
12.
This Agreement constitutes the entire agreement and understanding of the parties relating to the subject matter hereof and supersedes any prior agreement between the parties with respect thereto. For the avoidance of doubt, this Agreement does not supersede the terms and conditions of the full membership agreement.
13.
This Agreement shall be construed and take effect in all respects in accordance with English law and be subject to the non-exclusive jurisdiction of the English Courts.
14.1
The IFA member confirms that it is entering into this agreement in the course of the trade, business or profession of the IFA member.
14.2
If any provision of this agreement shall be found to be unenforceable or otherwise invalid for any reason, such finding shall not affect the remaining provisions of these terms which will otherwise remain in full force and effect.
14.3
The IFA member acknowledges that while the information contained in this document by IFAP has been provided in good faith, such member is entering into this agreement on the basis of its own enquiries and accepts that no representation is made by IFAP as to the development of the business of such IFAP member via the Services.
15.
Neither party to this agreement shall be liable for any breach of its obligations hereunder resulting from causes beyond its reasonable control including but not limited to fires, strikes (of its own or other employees) insurrection or riots, embargoes, container shortages, inability to obtain supplies and materials, requirements or regulations of any civil or military authority (an "Event of Force Majeure").
16.
The date on which these terms and conditions shall come into effect will be:- for new applicants after 1 March 2007, upon acceptance of these terms; for IFA Members paying on a monthly basis with effect from 1 April 2007, or for IFA Members paying on an annual basis upon the expiry of the subscription in force on 28 February 2007.
17.1
Payments by existing IFA Members who had previously signed up on the pre-existing terms in force prior to the adoption of these terms will be accepted by IFA Promotion Limited on the basis set out in these terms once they have come into effect on the terms set out above.
17.2
Direct debits. For IFA Members who elect to pay for the online marketing package by direct debit, the advance notice of the first payment or any alteration to the direct debit will be no less than five working days prior to the date when the first direct debit after the relevant date in Clause 16 is to be collected, such advance notice to be given electronically to the email address supplied to IFAP by the IFA Member.
18.
IFAP reserves the right after these terms have come into effect to vary the terms of the on line marketing package by one month's notice to each IFA Member. This will be done by advising each IFA Member in advance by email of there having been a change of such terms and by giving such IFA Member a link to such prospective revised terms.
