The terms on which we provide our services to subscribing companies are as follows:
So that it is easier to understand what follows, we have used the following terms and have given them the meanings set beside them below.
"we", "our" and "us" means The Haystack Limited
"you" and "your" means the person/company or entity subscribing to our services
"services" means any information or data published or supplied by us as a named product or otherwise, with such content, layout and format that we may use from time to time.
"service fee" means the price that we charge for the service detailed on our invoice
2. OUR SERVICE
We offer a web based service according to which details of advertising, marketing and other agencies and service providers are made available at our URL as a 'shop window' to those looking for information on such services. Consequently, you must ensure the information you supply to us is correct in all material respects, is not misleading, and if it becomes so for any reason, you agree to ensure that it is immediately updated, either through your direct access to our website, or by written notification to us. We will have no liability to you for the information that you provide and you agree as a condition of acceptance of your information that the information you supply will not infringe the rights of any third parties and that you indemnify us fully against all and any claims that may be made against us as a direct or indirect consequence of us making available your information. You agree that any information about you and your services that appears on our site does so at our discretion and we may, without being obliged to give you any reason, remove some or all of your information from our site or from public view at any time, without refund to you, particularly if (but not only if) we receive a complaint in respect of your information for any reason. All information provided by you to us is provided entirely at your risk.
1. Whilst our services are provided to you on the terms we have set out here, we would be delighted to consider any amendments you may wish to propose. However, only those amendments agreed by us in writing will be effective and thus your own terms and conditions will not govern our relationship. We will assume that whoever agrees to pay the subscription fee on your behalf is in fact duly authorised to do so.
2. Payment of the service fee set out on our invoice is payable within 14 days of the date that appears on the form. You should feel free to make payments by BACS to the account for which details are provided on the invoice, or by cheque made out to HAYSTACK LTD sent to Accounts Receivable, The Haystack Group, 1st Floor, Slade's, Church Rd, Penn, HP10 8LY. We are not able to provide any credit and consequently, if the service fee remains unpaid after the period of 14 days mentioned above has elapsed, we reserve the right at our discretion to terminate the supply of any of our services to you.
The subscription to our website service is annual from the date agreed between your company and the Haystack Representative in writing.
Please feel free to terminate your contract for the supply of our services to you at any time. However, where you have made a pre-payment in respect of a future period, no refund can be given. Similarly, where you have agreed to take our services but, for whatever reason, do not pay for them when we remind you to do so, we reserve the right to stop supplying our services to you.
5. LIMIT OF OUR LIABILITY
1. While we are happy to confirm that we exercise all reasonable care and skill in collating and displaying the information provided to us we give absolutely no warranty, either express or implied, as to the accuracy, completeness, timeliness or continued and uninterrupted accessibility of the information on our site.
2. Whilst we do not exclude any liability for death or personal injury caused by our negligence we are unable to accept any liability for any cost, claims, loss, damages or expenses, including but not limited to any loss of profit or consequential loss, loss of business, contact, reputation, goodwill, you may experience as a result of using our services, nor do we accept any liability for any other liability to you. In the event of any liability that we may otherwise have (and then only to the extent that liability) it will be limited to the amount of the service fee if the fee has been paid in full at the date the liability arises.
3. Any obligations we may have to you are personal to you and nothing in our relationship is intended or will create any right to or benefit for any third party.