TERMS AND CONDITIONS
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the adverts and packages (Advert Packages) listed on our website www.thebigdomain.com (our site) to you. Please read these terms and conditions carefully before ordering any Advert Packages from us or through our site. You should understand that by ordering any of our Advert Packages, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
1.1 www.thebigdomain.com / www.thelittledomain.com is a site operated by The Big Domain Limited (we or us). We are registered in England and Wales under company number 04707652 and we have our registered office at Brigade House, Allhalland Street, Bideford EX39 2JD
2. SERVICE AVAILABILITY
Our site is only intended for use by people resident in the countries listed on this page (Serviced Countries). We do not accept orders from individuals outside those countries.
3. YOUR STATUS
By placing an order with us or through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old;
(c) you are resident in one of the Serviced Countries; and
(d) if applicable, you are accessing our site from that country.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order via telephone, email or the site, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy one or more of the Adverts Packages, or your wish to accept an invitation from us to have a free Advert Package. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Advert Package has been accepted (Confirmation). The contract between us (Contract) will only be formed when we send you the Confirmation.
4.2 The Contract will relate only to those Advert Packages which we have confirmed in the Confirmation. We will not be obliged to supply any other Advert Packages which may have been part of your order until the confirmation of such Advert Packages has been confirmed in a separate Confirmation.
5. OUR STATUS
5.1 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that goods or services you purchase from third party sellers through or via a link from our site, or from companies to whose website we have provided a link, will be of satisfactory quality, fit for purpose, and/or of a reasonable standard, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
6. CONSUMER RIGHTS
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Confirmation. In this case, you will receive a full refund of the price paid for the Advert Packages in accordance with our refunds policy (set out in clause 9 below).
6.2 To cancel a Contract, you must inform us in writing. You must also return any material provided by us to you immediately
6.3 Except as detailed in these terms and conditions, you will not have any right to cancel a Contract for any Advert Packages.
6.4 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Confirmation. This provision does not affect your other statutory rights as a consumer.
7. ADVERTS ON OUR SITE
7.1 The advert(s) as detailed in the Advert Package(s) and confirmed in the Confirmation (“the Advertisement(s)”) will be placed on our site within 3 days of acceptance (or deemed acceptance) of such by you. Acceptance can not be unreasonably withheld or delayed and is deemed to have been given if no response to our request for acceptance has been given by you within 7 days.
8. PRICE AND PAYMENT
8.1 The prices of the Advert Packages and any other associated costs will be as quoted on our site from time to time, and confirmed in the Confirmation, except in cases of obvious error.
8.2 Prices quoted are exclusive of VAT.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
8.4 Our site contains a large number of Advert Packages and it is always possible that, despite our best efforts, some of the Advert Packages listed on our site may be incorrectly priced. We will verify prices as part of the Confirmation so that, where a correct price is less than our stated price, we will charge the lower amount when confirming the Advert Package with you. If an Advert Package’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before confirming the Advert Package, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide any Advert Package to you at the incorrect (lower) price, even after we have sent you a Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
8.6 Payment for Advert Packages can be made by cheque, direct payment to our bank account, or such other methods as notified from time to time - our bank account details are as follows:
The Big Domain Limited, Lloyds Bank
Sort Code: 30-90-78
Account Number: 21533768
8.7 Payment must be made at the time of Confirmation, or within 14 days of Confirmation for payments by cheque.
8.8 Without limiting any other right or remedy which we may have, if you fail to make any payment due under a Contract by the due date for payment (due date) we shall have the right to charge you interest on the amount overdue at the rate of 5% per annum above the then current Barclay’s Bank base lending rate accruing on a daily basis from the due date until the date of actual payment, whether before or after judgment, and compounding quarterly.
8.9 You shall pay all amounts due under any Contract in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may, without limiting other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
9. OUR REFUNDS POLICY
9.1 If you terminate the Contract:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Advert Package in full, and any associated charges.
(b) for any other reason (for instance, because you have notified us in accordance with clause 19 that you do not agree to a change in these terms and conditions or in any of our policies, will notify you of your refund (if any) via e-mail within a reasonable period of time. We will usually process any such refund as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We warrant to you that adverts as part of any Advert Packages purchased from us will, on being uploaded to our site, conform in all material respects with the adverts accepted (or deemed to accepted) by you pursuant to clause 7.
11. OUR LIABILITY
11.1 Subject to clause 11.3, if we fail to comply with these terms and conditions, we shall only be liable to you up to the aggregate purchase price of the Advert Packages purchased by you within the preceding 12 month period.
11.2 Subject to clause 11.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
11.3 Nothing in these terms and conditions excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or
(d) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11.4 Where you buy any product or service from a third party seller through our site or from a link from our site, the seller's individual liability to you will be set out in that seller's terms and conditions, and we will have no liability to you of any nature whatsoever.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to The Big Domain Limited at Brigade House, Allhalland Street, Bideford, EX39 2JD or at [email protected] We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16. INTELLECTUAL PROPERTY RIGHTS
16.1 The property and any copyright or other intellectual property rights of whatever nature in:
(a) any data, information, documents or other materials, including but not limited to photographs, plans, designs, drawings, pictures or other images provide by you (“Advertising Copy and Artwork”) shall belong to you and you represent and warrant that you have such rights.
(b) any Advertisement shall belong to us, subject to the payment by you of a reasonable release fee upon which payment we shall do all such things and sign and execute all such documents and deeds as reasonably required to effect assignment of such rights to you.
16.2 Any Advertising Copy and Artwork or other information provided by you which is designated as confidential shall be kept confidential, and all confidential information provided by us which is so designated shall be kept confidential by you. The foregoing shall not apply to any data, documents, other materials, or other information which are public knowledge at the time when they are so provided by either party, and shall cease to apply if at any future time they become public knowledge through no fault of the other party or under these terms and conditions.
16.3 You warrant that any Advertising Copy and Artwork and its use by us for the purpose of providing any Advertisements and/or Advert Packages will not infringe the copyright or other rights of any third party, and you fully indemnify us, and will keep us fully indemnified, against any and all losses, damages, costs, expenses or other claims of whatever nature arising from any such infringement.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
17.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these terms and Conditions or any provisions of a Contract 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.
19. ENTIRE AGREEMENT
19.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
19.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
19.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
19.4 Nothing in this clause limits or excludes any liability for fraud.
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect, amongst other things, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our site's capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order Advert Packages from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of Confirmation).
21. LAW AND JURISDICTION
Contracts for the purchase of Advert Packages through us and our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
United Kingdom, USA, Canada, Austria, Australia, Belgium, Bulgaria, Cyprus, Czech Republic, Czechoslovakia (former), Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Guernsey, Hong Kong, Hungary, Iceland, Ireland, India, Indonesia, Isle of Man, Italy, Jersey, Korea (South), Latvia, Liechtenstein, Lithuania, Luxembourg, Malaysia, Malta, Netherlands, New Zealand, Northern Ireland, Norway, Poland, Portugal, Romania, Slovak Republic, Singapore, Slovenia, Spain, Sweden, Thailand