Terms and Conditions

Terms & conditions

Thank you for using Infoserve Ltd. We take our responsibilities to our customers very seriously and these terms and conditions below govern your access to and use of the Infoserve Website and Services, so it is important that you read them carefully before using the Services.

Interpretation

  1. Interpretation

    1. Definitions. In these Conditions, the following definitions apply:
      “Agreed Position” means the position of the Customer’s Advertisement on the Site as agreed in the Order Call.
      “Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
      “Charges” means the charges payable by the Customer for the supply of the Services in accordance with clause 6.
      “Commencement Date” has the meaning set out in clause 2.2.
      “Conditions” means these terms and conditions as amended from time to time in accordance with clause 15.8.
      “Contract” means the contract between the Supplier and the Customer for the supply of Services in accordance with these Conditions.
      “Customer” means the person or firm who purchases Services from the Supplier.
      “Customer’s Advertisement” means an advertisement, including the Customer’s Advertisement Information, that is served on the Site in relation to the Location Search Phrase as agreed in the Order Call.
      “Customer’s Advertisement Information” means the information (including data, details, titles, descriptions, URL’s or other content) that is displayed in connection with the Customer’s Advertisement.
      “Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
      “Location Search Phrase” means the keyword and geographic location agreed with the Customer, as agreed in the Order Call, which when searched produces the Customer’s Advertisement.
      “Order” means the Customer’s order for Services as agreed in the Order Call.
      “Order Call” means the call from the Supplier to the Customer during which the Customer orders Services from the Supplier.
      “Services” means the advertising and related production and administration services including, without limitation, those services more particularly set out in clause 3.1  together with any other services which the Supplier provides or agrees to provide to the Customer.
      “Site” means the website or product as agreed in the Order Call.
      “Supplier” means Infoserve Limited registered in England and Wales with company number 03867903 whose registered office is at South Side Aviation, Leeds Bradford International Airport, Leeds, LS19 7UG.
      “Term” means the duration specified in the Order Call.
    2. Construction. In these Conditions, the following rules apply:
      1. a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
      2. a reference to a party includes its personal representatives, successors or permitted assigns;
      3. a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
      4. any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and advertisement; and
      5. a reference to writing or written includes faxes and e-mails.
  2. Commencement and Duration

    1. The Order Call constitutes an offer by the Customer to purchase Services in accordance with these Conditions.
    2. The Order shall only be deemed to be accepted when the Supplier takes payment from the Customer or (if earlier) when the Supplier begins to deliver the Services, at which point and on which date the Contract shall come into existence (“Commencement Date”).
    3. The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.
    4. Any samples, drawings, descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations contained in the Supplier’s catalogues or brochures or displayed on the Supplier’s website, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
    5. These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
    6. Any quotation given by the Supplier shall not constitute an offer, and is only valid for one calendar month from its date of issue.
    7. The Services supplied under the Contract shall continue for the duration of the Term unless terminated earlier by either party giving the other not less than thirty (30) days’ written notice or in accordance with clause 12.3.
    8. Upon expiry of the Term the Contract shall automatically renew, unless the Customer gives the Supplier not less than thirty (30) days’ written notice of its intention not to renew the Contract.
  3. Supply of Services

    1. The Supplier shall use all reasonable endeavours to ensure that the Customer’s Advertisement, incorporating the Customer’s Advertisement Information, is served in the Agreed Position upon input of the Location Search Phrase but any such positioning shall not be of the essence for performance of the Services.
    2. The Supplier shall use all reasonable endeavours to meet any performance dates specified in the Order Call, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
    3. The Supplier shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any such event.
    4. The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill.
    5. Infoserve Limited works to Service Level Agreements (SLAs) for all services. Our SLAs describe the estimated service level provided (time expected to complete order) with each service, providing all relevant information and images are supplied by the customer. Due to occasional circumstances out of our control, Infoserve reserve the right to change an SLA at any time.
      1. Pay Per Click (Google Adwords, Bing Ads) SLA = 3 working days to build. PPC keyword/Ad changes: 24 hours. Minimum term is 3 months.
      2. Website Design = your order and price agreed is valid for 12 months. Most websites typically take between 6-12 weeks to complete (unless it is a larger wbesite or eCommerce). We require that your website is completed before the end of that time period. We reserve the right to provide a new quote for the work required if the project runs over 12 months. If Infoserve is at fault for the delay, time will be added to this for each day delayed.
      3. Local Listings – Listing Manager, Yahoo Local, City Visitor, SIVs SLA = up to 3 working days.
      4. Bing Places: SLA – 48 hours to build listing(s) (allow 2 weeks for listing to be published by Bing).
      5. Google My Business: SLA – 48 hours to build listing(s) (allow 2 weeks for listing to be published by Google).
      6. Social Media;
        1. Social Manager: We require content direction from you to start your campaign. Your first post will go live once we have spoken to you and gathered the necessary answers.
        2. Facebook Ads: 3 working days for campaign to go live.
        3. Facebook: Two weeks from acquisition of correct information
        4. Twitter: Two weeks from acquisition of correct information
        5. YouTube: Two weeks from acquisition of correct information
        6. Facebook Ads: SLA – Allow up to 3 working days to build listing(s)
      7. KWM: Seven days upon receipt of all information (including insertion).
  4. Customer’s Obligations

    1. The Customer shall:
      1. ensure that the terms of the Order are complete and accurate;
      2. co-operate with the Supplier in all matters relating to the Services;
      3. provide the Supplier with such information and materials, including without limitation the Customer’s Advertisement Information, and in such data format as the Supplier may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects;
      4. ensure that all information and materials provided in connection with the supply of the Services is factually accurate and free from misstatement; and
      5. obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Services are to start and comply with all relevant legislation in relation to the Services including without limitation the Customer’s Advertisement and the Customer’s Advertisement Information.
    2. If the Supplier’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (“Customer Default”):
      1. the Supplier shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays the Supplier’s performance of any of its obligations;
      2. the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier’s failure or delay to perform any of its obligations as set out in this clause 4.2; and
      3. the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.
  5. Change Provisions

    1. If either party wishes to change the scope or execution of the Services, it shall submit details of the requested change to the other in writing..
    2. If either party requests a change to the scope or execution of the Services, the Supplier shall, within a reasonable time, provide a written estimate to the Customer of:
      1. the likely time required to implement the change;
      2. any necessary variations to the Charges arising from the change; and
      3. any other impact of the change on the Contract.
    3. If the Customer wishes the Supplier to proceed with the change, the Supplier has no obligation to do so unless and until the parties have agreed the necessary variations the Charges, the Services and any other relevant terms of the Contract to take account of the change.
  6. Charges and Payment

    1. The Charges for the Services shall be as agreed in the Order Call, which includes our fees to provide a fully managed service.
    2. The Charges for the Services are exclusive of amounts in respect of value added tax (VAT). No extra charges shall be effective unless agreed by the Customer.
    3. Payment for the Services is in advance. We will charge your debit card or credit card during the Order Call.
    4. All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being (“VAT”). Where any taxable supply for VAT purposes is made under the Contract by the Supplier to the Customer, the Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
    5. If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment or any charge to the Customer’s debit card or credit card is rejected after the Order Call has been concluded, then the Customer shall pay interest on the overdue amount at the rate of 4% per cent per annum above the Bank of England base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
    6. The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Supplier may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
    7. To ensure continued service, Services become due for renewal on their due date. If we haven’t arranged payment prior to the due date, we will automatically attempt payment using the same payment card as previously used.
    8. Unless stated otherwise, our default payment process is automatic recurring payments to avoid downtime in campaigns or marketing performance.
    9. The data we capture from our customers is used for the provision of our services, billing and payment collection.
  7. Intellectual Property Rights

    1. The Supplier acknowledges that all Intellectual Property Rights in or in connection with the Customer’s Advertisement Information are owned by the Customer.
    2. The Customer grants to the Supplier an irrevocable, non-exclusive, worldwide, royalty free licence for the duration of the Term, and at all times during which the Supplier provides the Services to the Customer, to enable the Supplier to provide the Services to the Customer.
  8. Indemnity

    1. The Customer shall indemnify the Supplier against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Supplier arising out of or in connection with:
      1. any breach of clause 4; and
      2. any claim made against the Supplier for actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the use or provision of the Customer’s Advertisement or the Customer Advertisement Information.
    2. If a payment due from the Customer under this clause 8 is subject to tax (whether by way of direct assessment or withholding at its source), The Supplier shall be entitled to receive from the Customer such amounts as shall ensure that the net receipt, after tax, to the Supplier in respect of the payment is the same as it would have been were the payment not subject to tax.
  9. Confidentiality

    1. A party (“receiving party”) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party (“disclosing party”), its employees, agents or subcontractors, and any other confidential information concerning the disclosing party’s business, its products and services which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party’s obligations under the Contract, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to the Contract. The receiving party may also disclose such of the disclosing party’s confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This clause 9 shall survive termination of the Contract.
  10. Limitation of Liability

    1. Nothing in these Conditions shall limit or exclude the Supplier’s liability for:
      1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
      2. fraud or fraudulent misrepresentation; or
      3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
    2. Subject to clause 10.1:
      1. the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
      2. the Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total Charges paid by the Customer in the preceding twelve (12) months or part thereof.
    3. The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
    4. This clause 10 shall survive termination of the Contract.
  11. Interruption or cessation of service by the Site

    1. Notwithstanding any other provision in these Conditions the Customer acknowledges:
      1. that neither the Supplier nor any third party operator of the Site guarantees:
        1. any particular set up, features or facilities of the Site;
        2. any particular format of publication on the Site;
        3. the look and feel of the Site; or
        4. that the Site will be published either on an uninterrupted basis during the Term or at all, or that any alternative site will be published;
      2. that consequently the Supplier shall not be in breach of this Contract in the circumstances envisaged by clause 11.1.1.
    2. In the event that the Site is offline for any period or periods not exceeding 24 hours in aggregate during any month, or the Customer’s Advertisement is not located in the Agreed Position for such period no compensation shall be payable to the Customer.
    3. In the event that the Site is offline for any period or periods exceeding 24 hours but not exceeding one (1) month in aggregate during any month, or the Customer’s Advertisement is not in the Agreed Position for such a period, the Customer may, as its sole remedy, by written notice require the provision of the Services from the Supplier at the expiry of the Term, free of charge, for a period equal to the period the Site has been offline or the Customer’s Advertisement has not been in the Agreed Position.
    4. In the event that the Site is offline for a period or periods exceeding one (1) month or the Customer’s Advertisement is not in the Agreed Position for such a period, the Contract will continue without payment of compensation, unless the Customer elects during any such period when the Site is offline or the Customer’s Advertisement is not in the Agreed Position, to terminate the Contract by giving notice in writing to the Supplier, whereupon the Supplier shall refund to the Customer, within 14 days, a sum representing that part of the Charges that is attributable to the unexpired period of the Term, in full and final satisfaction of all claims against the Supplier.
  12. Termination

    1. For the avoidance of doubt, the Customer accepts and acknowledges that for the purposes of the Consumer Rights Act 2015 it is acting in its ordinary course of business and not as a consumer. Accordingly, the Customer shall not be entitled to rely on any provisions of the Consumer Rights Act 2015 including without limitation any right to a full refund within 14 days of the commencement of the Contract as a result of the Customer changing its mind.
    2. Without limiting its other rights or remedies, either party may terminate the Contract by giving the other party one (1) months’ written notice.
    3. Without limiting its other rights or remedies, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
      1. the other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within thirty (30) days of that party being notified in writing to do so;
      2. the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;
      3. the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;
      4. a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
      5. the other party (being an individual) is the subject of a bankruptcy petition or order;
      6. a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within fourteen (14) days;
      7. an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);
      8. the holder of a qualifying floating charge over the assets of that other party (being a company) has become entitled to appoint or has appointed an administrative receiver;
      9. a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
      10. any event occurs or proceeding is taken with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 12.3.1 to clause 12.3.9 (inclusive);
      11. the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business;
      12. the other party’s financial position deteriorates to such an extent that in the Supplier’s opinion the Customer’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; or
      13. the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.
    4. Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under this Contract on the due date for payment and fails to pay all outstanding amounts within thirty (30) days after being notified in writing to do so.
    5. Without limiting its other rights or remedies, the Supplier may suspend provision of the Services under the Contract or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in clause 12.3.2 to clause 12.3.13, or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.
  13. Consequences of Termination

    1. On termination of the Contract for any reason:
      1. the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt;
      2. the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
      3. clauses which expressly or by implication survive termination shall continue in full force and effect
    2. For the avoidance of doubt the Customer accepts and acknowledges that the Charges constitute up to 75% production and administration costs and the remained represents advertising costs. As such the Customer will not be entitled to any refund of the Charges following termination of the Contract howsoever arising.
  14. Force Majeure

    1. For the purposes of this Contract, “Force Majeure Event” means an event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
    2. The Supplier shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
    3. If the Force Majeure Event prevents the Supplier from providing any of the Services for more than thirty (30) days, the Supplier shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.
  15. General

    1. Assignment and other dealings.
      1. The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
      2. The Customer shall not, without the prior written consent of the Supplier, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract.
    2. Notices
      1. Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or e-mail.
      2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 15.2.1; if sent by pre-paid first class post or other next working day delivery service, at on the Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by by fax or e-mail, one Business Day after transmission.
      3. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
    3. Severance
      1. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
      2. If any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
    4. Mediation. If any dispute arises in connection with this Contract, the parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure. Unless otherwise agreed between the parties within fourteen (14) days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing (“ADR notice”) to the other party to the dispute requesting a mediation. A copy of the request should be sent to CEDR. Unless otherwise agreed, the mediation will start not later than twenty eight (28) days after the date of the ADR notice. No party may commence any court proceedings in relation to any dispute arising out of this Contract until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay.
    5. Waiver. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
    6. No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
    7. Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.
    8. Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by the Supplier.
    9. Governing law. This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England.
    10. Jurisdiction. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
    11. Copyright. All materials supplied to Infoserve for your online products must meet UK copyright laws and are the responsibility of the customer, not Infoserve.
    12. SEO. Accepting Infoserve's SEO services, client agrees on the following:
      1. Access to clients website granted to Infoserve.
      2. Permission to make on-site changes to content, images and structure.
      3. Access to clients Analytics and Google Search Console for analysis of traffic and coverage.
      4. Authorisation to purchase external links for the clients website.
      5. Any actions made by the client prior to signing up with Infoserve may affect current rankings/traffic and are not the responsibility of Infoserve.
      6. Infoserve cannot provide guarantees on specific ranking or traffic results.
    13. Nominet. By registering a domain name ending in .uk (with limited exceptions) you are entering into a contract of registration with Nominet. Nominet maintain the internet registry for .uk domain names so the domains are subject to their Terms and Conditions If you have any concerns that a domain registered by Infoserve is being used abusively, please report to this by email to customerservices@infoserve.com. Your enquiry will receive an initial response within 3 business days.
    14. Please note: If your website is built in the Infoserve editor, it is non-transferable and will be lost if transferring away from Infoserve.
    15. Minimum 12 month term on all websites.

Terms of Website Use

This policy (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.infoserve.com (“our site”), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

Other Applicable Terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • our Privacy Policy, which can be found at www.infoserve.com/privacy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate;
  • our Acceptable Use Policy which can be found at www.infoserve.com/terms/#acceptableuse , sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy; and
  • our Cookie Policy www.infoserve.com/privacy/#cookie , which sets out information about the cookies on our site.

If you purchase services from our site, our Terms and Conditions of supply will apply to the provision of the services.

www.infoserve.com is a site operated by Infoserve Limited (“we”). We are registered in England and Wales under company number 03867903 and have our registered office at South Side Aviation, Leeds Bradford International Airport, Leeds, LS19 7UG. Our VAT number is 927536501.

We are a limited company.

Changes to These Terms

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to Our Site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing Our Site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Your Account and Password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at customerservices@infoserve.com.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No Reliance on Information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of Our Liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in our Terms and Conditions of supply, which can be found at www.infoserve.com/terms

Uploading Content to Our Site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy www.infoserve.com/terms/#acceptableuse.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in the next paragraph (“Rights you Licence”).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy which can be found at www.infoserve.com/terms/#acceptableuse.

The views expressed by other users on our site do not represent our views or values.

Rights You Licence

When you upload or post content to our site, you grant to us a perpetual, worldwide, non-exclusive, royalty-free, non-transferable licence to use, reproduce, distribute, prepare derivative works of, and display that content in connection with the service provided by our website across different media.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy which can be found at www.infoserve.com/terms/#acceptableuse

If you wish to make any use of content on our site other than that set out above, please contact customerservices@infoserve.com.

Third Party Links and Resources in Our Site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Applicable Law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England will have exclusive jurisdiction.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England.

Trade Marks

 and are UK registered trademarks of Infoserve Limited.

Contact Us

To contact us, please email customerservices@infoserve.com.

Thank you for visiting our site.

Please note; Calls may be recorded for training and quality purposes.

Acceptable Use

This acceptable use policy sets out the terms between you and us under which you may access our website www.infoserve.com (“our site”). This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use which can be found at www.infoserve.com/terms.

www.infoserve.com is a site operated by Infoserve (“we” or “us”). We are registered in England and Wales under company number 03867903 and we have our registered office at South Side Aviation, Leeds Bradford International Airport, Leeds, LS19 7UG. Our VAT number is 927536501.

Prohibited Uses

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (below).
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use which can be found at www.infoserve.com/terms
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; or
    • any equipment or network or software owned or used by any third party.

Content Standards

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to Our Site

These content standards apply to any and all material which you contribute to our site (“contributions”), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and Termination

We will determine, in our absolute discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use, which can be found at www.infoserve.com/terms, upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the Acceptable Use Policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

Complaints Procedure

Stage One – Initial Investigation

Once you have lodged your complaint, you can expect an acknowledgment within 5 working days of receipt of your complaint. This acknowledgement will name the Customer Service Representative responsible for investigating your issue.

Our target for replying to complaints at this stage of our complaints procedure is 14 working days from the date we receive your complaint. If it is not possible to give you a full reply within this time, we will inform you of when you can expect a reply.

When the investigation is complete, the CSR will write to you and explain how and why they have come to their conclusions.

If your complaint is upheld (i.e. the outcome of the review finds in your favour), you will receive an apology and, where appropriate, be given details of any or all actions that we will take to resolve the situation or at least put things right for the future.

If your complaint is partially upheld (i.e. the outcome of the review finds partly in your favour), you will receive an apology and explanation and, where appropriate, be given details of the action(s) we will take to resolve the situation or at least put things right for the future.

If your complaint is rejected (i.e. the outcome of the review does not find in your favour), you will be given an explanation, and advised of what you need to do if you are still not satisfied with the resolution of your complaint and what you need to do if you wish to pursue it further under Stage Two. Please note that in certain circumstances, you may not be given the opportunity for a Stage Two review.

Stage Two – Formal Investigation

Stage Two can only begin if you have exhausted the Stage One process. You must set out clearly and in detail why you remain dissatisfied.

You should make it clear that you want to invoke Stage Two of our complaints procedure.

You will receive an acknowledgment within 7 working days of receipt of your complaint. This acknowledgement will name the person (an individual that is independent of the Stage One decision) responsible for reviewing your complaint afresh, and you will be informed of the likely timescale.

Our target for replying at this stage of our complaints procedure is 21 working days from the date we receive your request to invoke Stage Two of the procedure. If it is not possible to give you a full reply within this timeframe, we will let you know when you can expect a reply.

We are obliged to keep records of all formal complaints. Therefore, we will need to agree a detailed, written statement of your complaint with you before a formal investigation is embarked upon. The person who considers and reviews your complaint under this stage of our complaints procedure will:

  • ensure your complaint is clear
  • check the Stage One procedure has been completed
  • review the reasons for their response with the person who dealt with your initial approach
  • consider the issues afresh
  • decide upon their own findings in the light of these considerations and
  • write to you setting out their findings
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