These Conditions ceased to be valid on 2/10/2000 - Click here for current version.
Orders for publication of pages on the Internet by Instabook Ltd are accepted subject to the following conditions:
1. Definitions In these conditions: "the Publisher" shall mean Instabook Ltd. "the Client" shall mean the person who places an order with the Publisher for the design and display of pages on the Internet. "Standard Package Website" shall mean pages prepared and published under the terms advertised for a Standard Package Website. "Church and Charity Website" shall mean pages prepared and published under the terms advertised for a Church and Charity Website. 2. Publisher's Control over Pages
2.1 All material supplied by the Client must comply with the Publisher's specification at the time of publication. 2.2 The Publisher may at any time (whether or not an order has been accepted) reject and decline to publish any material for any reason it thinks fit or alter material to comply with its specification. 2.3.1 For Standard Package Websites and Church and Charity Websites all pages and page content not supplied by the Client and the copyright subsisting in them shall remain at all times the property of the Publisher unless the Client has paid the Publisher the sum specified for the copyright in which case the copyright shall belong to the Client. 2.3.2 All other work and the copyright subsisting in it shall remain the property of the Publisher until all invoices have been paid in full. 3. Payment and Renewal 3.1 Payment must be made at the rate in force at the commencement of the period of publication to which the payment relates. The Publisher reserves the right to require payment in advance as a deposit or to cover the cost of services provided by a third party. 3.2 Subject to acceptance by the Publisher and any revised conditions the Client may renew an order for a further period by making a further payment at the rate then in force before the expiry of the current period of publication. 4. In Town & About and Display of Publisher's material 4.1 If the Publisher agrees that the Client's activities fall within the criteria for listing on the Publisher's In Town & About Internet pages and if the Client agrees to display the Publisher's poster or other publicity material the Publisher will during the period of publication provide an entry on such page and in such manner as it sees fit linked to the pages published for the Client. 4.2 Any poster or other material supplied to the Client for display in consideration of services rendered by the Publisher or a discount on the Publisher's standard terms shall be displayed prominently in public view from the time it is received until the termination of the services or discount. 5. Alterations 5.1 Instructions to alter pages will be accepted at any time provided the Publisher receives a signed notice in writing thereof from the Client. 5.2 The Publisher shall attempt to carry out alterations at the time agreed or within a reasonable time if no time has been agreed but the Publisher shall not be liable for any failure or delay in carrying out alterations. 5.3 The Publisher shall be entitled to charge for making the alterations at the hourly rate in force at the time the time the alterations are carried out unless the pages being altered form part of a Standard Package Website. 6. Cancellations 6.1 Cancellations of orders will be accepted provided the Publisher receives a signed notice in writing thereof from the Client before the period of publication. 6.2 Any offer discount or concession made to the Client in respect of the size or scale of an order or its relationship to other orders shall cease to apply if any order is cancelled by the Client or altered so as to reduce the size or scale.
6.3 The Publisher shall be entitled to charge a fee in respect of any cancellation to cover the costs of administration and work already done. 6.4 Subject to the above the Client shall be entitled to a refund of any payment made for a cancelled order. 7. Advertising Standards and Copyright
7.1 The Client shall ensure that all materials supplied to the Publisher as content for inclusion on pages are legal decent honest and truthful and comply with the requirements of current legislation and with the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority. 7.2 The placing of an order by a Client constitutes an assurance that all necessary authority and permission has been secured in respect of the display of any pictorial representation of (or purporting to be of) living persons and of references to the words attributed to living persons. The Client warrants that it owns the copyright of and any trade mark in or has permission to use all content not owned and supplied by the Publisher including the text and any graphic file displayed from a web site and that it is the owner of or has permission to place a link from the owner of any website addressed by any link ordered. 7.3 The Client grants the Publisher permission to publish the materials on the Internet. 7.4 The Client agrees to indemnify the Publisher fully and unconditionally in respect of all costs damages or other charges falling upon the Publisher as the result of legal action or threatened legal action arising from the publication of any page published in accordance with the Client's order or with any instructions supplied by the Client in pursuance of the order. In any case where a claim is made against the Publisher or the Publisher is sued and the Client may ultimately be liable under the terms hereof notice in writing shall be given to the Client and consultation shall take place before any expense is incurred or the claim is settled or the case is defended or otherwise disposed of. 8. Care and Return of Materials 8.1 The Publisher shall take proper care of any typescripts and illustrative or other materials while in its possession but shall not be liable in any way for loss of or damage to any such material. 8.2 The Client is advised as a safety precaution to retain good copies of all materials in the Client's possession. 8.3 All materials shall be returned to the Client by the Publisher when no longer required for publication or other purposes relating to the publication of the pages. 9. Publisher's Liability 9.1 The Publisher does not guarantee publication of the pages on a specified date. Its liability for loss or damage caused by the delay in the publication of pages or the accidental failure to publish shall be limited to the cost of the pages in connection with which liability arose. 9.2 Errors in published pages: 9.2.1 In the event of any error or omission in the display of a page (not being an alteration made under condition 5) the Publisher will correct the page or where that is not possible make a reasonable refund or adjustment to the price, but no refund or adjustment shall be made where the error or omission does not materially detract from the pages. 9.2.2 In no circumstances shall the total liability of the Publisher for any error or omission exceed the amount of the full price paid to the Publisher for the pages in connection with which the liability arose. 9.3 The Client must notify the Publisher of any error or omission as soon as possible after it appears. The Publisher's obligations and liabilities under this condition shall be limited to the seven days after the error or omission first appears. 9.4 Publication and System failures: The Publisher shall not be liable for any loss or damage caused by failure (however caused) of publication or of the Internet or any part thereof or of any system or equipment which prevents or impairs access to pages or any other circumstances beyond the Publisher's control. 10. Publisher's Right to Cancel or Suspend Order The Publisher reserves the right for any reason it thinks fit (including the Client's failure to pay any sum due to the Publisher) to cancel or suspend the order at any time by giving reasonable notice but no additional penalty shall be imposed on the Client in respect of any offer discount or concession made to the Client in respect of the size or scale of an order or its relationship to other orders. 11. Alteration and Acceptance of Conditions 11.1 The Publisher shall give the Client not less than thirty days' notice of any intention to impose revised conditions on any renewal of the order under Condition 3.2 above. 11.2 The placing or renewal of an order for publication shall amount to an acceptance of the above conditions and any conditions stipulated by a Client's order form or elsewhere by the Client shall be void inasmuch as they are in conflict with them. 12. Proper Law of Contract An order accepted under these conditions shall form a contract subject to the laws of England and Wales. Published in the UK by
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