In these terms and conditions SourceIT-Travel.com and SourceIT-Travel means Source IT Limited (company number 4121528), whose registered office is Rutland House, Minerva Business Park, Lynch Wood, Peterborough PE2 6PZ England.

"Advertisement": the advertisement, banner advertisement, press release or other paid for promotion bearing the Customer Branding which the Customer wishes to appear on the Web Site, or the Newswire bearing the Customer Branding which the Customer wishes SourceIT-Travel to send by e-mail to Newswire Subscribers, as the case may be.

"Agreement": the agreement between SourceIT-Travel and the Customer on these terms and conditions and any Special Conditions.

"Copy": the style and form in which the Advertisement will appear on the Web Site or in a Newswire, as determined by this Agreement and any Special Conditions and as agreed from time to time between SourceIT-Travel and the Customer.

"Customer" the person named as such on the Order Confirmation Form.

"Customer Branding": the branding of the Customer which may appear in the Advertisement.

"Duration": the period for which the Advertisement will appear on the Web Site.

"Order Confirmation Form": the order confirmation form to which these terms and conditions are attached.

"Newswires": e mails sent by or on behalf of SourceIT-Travel to Newswire Subscribers.

"Newswire Subscriber": a user of the Web Site who has registered with SourceIT-Travel to receive Newswires.

"Price": the price payable by the Customer, as set out on the Order Confirmation Form.

"Release Date": the date on which a Newswire containing an Advertisement is due to be released, as agreed between the parties.

"SourceIT-Travel" is a trading name of Source IT Limited.

"Special Conditions": any conditions contained in the Order Confirmation Form.

"Special Instructions": the details regarding the size and positioning of the Advertisement on the Web Site or Newswire and other terms set out on the Order Confirmation Form.

"Unacceptable": in respect of any Advertisement, means that it is inaccurate, contravenes any law or code of practice relating to the content of advertisements generally, infringes the intellectual property rights of another, is abusive, immoral, defamatory or otherwise likely to offend users of the Web Site, the Newswire service or the Internet in general.

"Web Site": the presence of SourceIT-Travel.com, SourceIT-Travel and Source IT Limited or any of their subsidiaries on the world wide web identified in the Order Confirmation Form.

2. Agreement

By submitting material for the Advertisement to SourceIT-Travel and/or paying the Price, the Customer accepts these terms and authorises SourceIT-Travel to publish the Advertisement on the WebSite or in a Newswire, as the case may be, once the Copy has been submitted to SourceIT-Travel.

3. Obligations of the Customer

3.1 To pay the Price on immediate receipt of a VAT invoice from SourceIT-Travel and in any event no later than the date on which the Advertisement is to appear on the Web Site or in a Newswire, as the case may be. If the Customer does not pay the Price within 30 days of receipt of invoice SourceIT-Travel may (at its discretion) charge interest at the rate of 4% above the UK base rate of Barclays Bank plc from the date of due payment until the date of actual payment, terminate this Agreement, remove the Advertisement from the Web Site or Newswire or all of these.

3.2 To indemnify SourceIT-Travel against all losses, costs, claims, damages or other expenses that SourceIT-Travel incurs as a result of breach by the Customer of any of these terms, or as a result of any third party claims which SourceIT-Travel receives as a result of the Advertisements.

3.3 To acknowledge that SourceIT-Travel retains full editorial control over all Advertisements and that SourceIT-Travel will own all copyright in the Advertisements, save that SourceIT-Travel shall not own any Customer Branding.

3.4 To provide all materials for the Advertisement (including, without limitation, GIF and JPEG files) in accordance with the procedures required by SourceIT-Travel from time to time.

4. Obligations of SourceIT-Travel

4.1 To use reasonable endeavours to ensure that the Advertisement features on the Web Site for the Duration, or, in the case of Newswires, on the Release Date, and in each case in accordance with the Special Instructions.

4.2 To use reasonable endeavours to ensure that the Web Site is accessible to users of the world wide web for a minimum of 140 hours each week.

4.3 SourceIT-Travel does not guarantee any levels of response to the Advertisement.

5. Rights of SourceIT-Travel

5.1 The Customer warrants that the Advertisement is not Unacceptable. If SourceIT-Travel at any time considers that the Advertisement is Unacceptable SourceIT-Travel may remove the Advertisement from the Web Site or Newswire, as the case may be. In this case SourceIT-Travel will not refund any part of the Price to the Customer.

5.2 The Customer warrants that the Customer Branding will not infringe the intellectual property rights of any third party.

5.3 SourceIT-Travel reserves the right to change the format of the Web Site and Newswire service as SourceIT-Travel sees fit. If SourceIT-Travel decides to discontinue the Web Site then it will refund to the Customer that proportion of the Price that is equivalent to the proportion of the Duration left to run at the date of discontinuation.

5.4 SourceIT-Travel reserves the right to terminate this contract with immediate effect by giving written notice of this to the Customer. If SourceIT-Travel decides to terminate the contract then it will refund to the Customer that proportion of the Price that is equivalent to the proportion of the Duration left to run at the date of discontinuation.

6. Cancellations

6.1 Cancellations received prior to the Advertisement or a series of Advertisements appearing on the Web Site or in a Newswire will be liable for an administrative fee of £250.00.

6.2 No refund or credit will be given for cancellations received after an Advertisement has appeared or after a series of Advertisements has started to appear on the Web Site or in a Newswire and the Customer shall remain liable for the Price in such circumstances.

7. Liability

7.1 SourceIT-Travel shall not be liable to the Customer for any indirect or consequential losses or damage suffered by the Customer including (without limitation) any loss of profits, contracts, revenue, goodwill, business, savings or opportunity irrespective of whether SourceIT-Travel knew or ought to have known of the possibility of that loss.

7.2 SourceIT-Travel shall not be liable for any losses, damage or expenses (including, without limitation, any costs of finding replacement advertising space) suffered or incurred by the Customer as a result of the Web Site not being accessible to users of the world wide web for any period of time or as a result of any Newswire not having been received by any Newswire Subscriber.

7.3 Nothing in these terms and conditions shall operate to limit the liability of either party for any death or personal injury caused by its negligence or that of its employees. In all other events the limit of SourceIT-Travel's liability for any losses, expenses or damages incurred by the Customer in relation to this Agreement (whether in tort, contract or otherwise) shall be equal to the Price paid by the Customer to SourceIT-Travel under this Agreement.

7.4 SourceIT-Travel shall not be liable for any delay in or non-performance of its obligations under this Agreement to the extent that such delay or non-performance is due to any cause beyond its reasonable control including but not limited to the acts, defaults or omissions of suppliers or subcontractors, failure of any telecommunications or power network, war, undeclared hostilities, terrorism, industrial action and acts of God.

7.5 SourceIT-Travel will use reasonable efforts to comply with the Customer's requested start and end dates for display of the Advertisement but cannot warrant that these dates will be met.

8. Other Conditions

8.1 Any resubmission of the Advertisement by the Customer will be deemed to be a new Advertisement for which the Customer must repay the Price.

8.2 If there is any conflict between these terms of advertising and the Special Conditions, the Special Conditions shall prevail.

8.3 Even if the Customer is acting as an advertising agency or other representative, it enters into this Agreement in its own right as principal and not as an agent.

8.4 The Customer shall not assign, transfer or resell its rights under this Agreement.

8.5 Unless otherwise stated in any Special Conditions, the positioning of the Advertisement on the Web Site or in the Newswire is to be determined by SourceIT-Travel.

9. Submission of Advertisements

9.1 The Special Conditions refer to the methods by which the Customer can submit Advertisements to SourceIT-Travel. These methods are as follows:-

9.1.1	Submission by SourceIT-Travel. This involves the Customer sending the Advertisements to SourceIT-Travel so that SourceIT-Travel can post the Advertisements onto the Web Site or, in the case of Advertisements to be published in a Newswire, send them by e-mail to Newswire Subscribers.
9.1.2	Submission by Customer. This involves the Customer posting the Advertisements to the Web Site directly in accordance with procedures specified by SourceIT-Travel. This method is available for the advertisement of job vacancies and for advertisements in the form of press releases on the Web Site.

10. Exclusion of Third Party Rights

Unless expressly provided in this Agreement, no term of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

11. Governing law

This Agreement shall be governed by and construed in accordance with English law and the parties submit to the non-exclusive jurisdiction of the English courts.

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