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CARE QUALITY NETWORK

TERMS & CONDITIONS OF ADVERTISING (to be read in conjunction with Terms of Website Use)

 

Terms and definitions

These terms shall apply in addition to all other terms and conditions on this site. In the event of a conflict arising out of these terms and any others on the site, the provisions of these terms shall prevail.

For the purposes of these terms, an ‘Advertisement’ refers to all types of advertisements including (without limitation) Features, Banner Advertisements, Sponsored Services, on our website carequalitynetwork.org.uk, our carequaliytnetwork.org.uk email newsletter and our carequalitynetwork.org.uk,  iPhone, iPad and Android apps (“our site”).

Care Quality Network CIC accepts the publication of the Advertisements on the terms set out below and by placing an order, the Advertiser (being the person or organisation placing the order for the Advertisement, whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these terms in full.

 

  

Formats

The Advertiser’s listing features in the listings on carequalitynetwork.org .uk  for a specific category(s). In addition, the Advertiser logo is displayed on the Advertiser’s profile page.

 

Advertisers are responsible for providing content and images for advertisements in the format(s) specified by Care Quality Network CIC.

Duration of agreements

The start date and duration of advertisements will be agreed by both Advertiser and Care Quality Network CIC and  be confirmed via email correspondence between Care Quality Network CIC  and Advertiser. The duration of the agreement will be for 1 year unless otherwise agreed, except for Banner Advertisements on the Email Newsletter, which have a duration of 1 month unless otherwise agreed.

Without limiting its other rights or remedies, Care Quality Network CIC may terminate these terms at any time by giving to the Advertiser no less than one (1) months' prior written notice. On termination of these terms:

(a) the Advertiser will, where applicable, immediately pay to Care Quality Network CIC any fees that have accrued from the start date of the Advertisements to the date of termination; and
(b) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, 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.

Content, display, placement and links

Where Care Quality Network CIC considers an Advertisement to be unsuitable or contrary to these terms, it may, without any liability to the Advertiser, reject, remove or require any Advertisement (or part of it) to be amended.

The Advertiser represents, warrants and undertakes to Care Quality Network CIC that:

(a) any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
(b) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
(c) the Advertisements are legal, decent, honest and truthful, and comply with all applicable laws, regulations or codes of practice; and
(d) the Advertisements are not libellous or obscene and do not infringe the rights of any person (including any person's intellectual property rights).

Where the Advertiser is an advertising agency or media buyer, the Advertiser further warrants that it is authorised by the advertiser of a product or service to place the Advertisement with Care Quality Network CIC and the Advertiser will compensate Care Quality Network CIC for any claim made by such advertiser against Care Quality Network CIC.

The placement of Banner Advertisements will be agreed in advance in writing by both the Advertiser and Care Quality Network CIC.

Banner Advertisements will link to the listing page of the Advertiser, unless otherwise agreed. If it is agreed that the Banner Advertisements should link direct to the Advertisers website, the link of the Banner Advertisement will have a no follow attribute and will pass through a gateway page so that Care Quality Network CIC can track website statistics.

Fees and payment

The prices for the Advertisements will be set out in the quotation provided by Care Quality Network CIC, and all prices quoted are exclusive of VAT. Tomorrow’s Guides reserves the right to change the prices at any time. Once an order for an Advertisement has been received the order is non-cancellable and non-refundable.

All Advertisements on our site will be invoiced on date of agreement, unless otherwise agreed.

All invoices are payable within 30 days from the date of invoice and time for payment is of the essence.

Care Quality Network CIC may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising, as required under these terms.

Without limiting any other right or remedy of Care Quality Network CIC, if the Advertiser fails to make any payment due to Care Quality Network CIC under these terms by the due date for payment, Care Quality Network CIC shall have the right to charge interest on the overdue amount at the rate of 4% per annum above the then current Bank of England's base rate accruing on a daily basis from the date of due payment until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.

All fees are non-refundable and will not be pro-rated should Advertiser decide to discontinue the display of an Advertisement.

Rights

Notwithstanding the other terms and conditions on Care Quality Network CIC’s site, the Advertiser acknowledges and agrees that Care Quality Network CIC owns the intellectual property rights in all Advertisements written or designed by it, or on its behalf.

The Advertiser grants to Care Quality Network CIC a non-exclusive, royalty-free, irrevocable licence to:

(a) use the Advertiser’s names, trademarks and/or logos as Care Quality Network CIC may consider reasonably necessary for the purposes of publishing the Advertisements; and
(b) reproduce the Advertisements in any media at any time.

Non Exclusivity

All agreements are non-exclusive, meaning Care Quality Network CIC may have Advertisements from several parties appearing on its site at the same time.

Service interruptions

Care Quality Network CIC will not be responsible for any liability, loss, cost, claim, damage or causes of action of any kind (and whether direct or indirect) that it may suffer as a result of the transactions contemplated hereby, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause or fault.

Data Protection

Advertisers shall at all times comply with the requirements of the General Data Protection Regulations (GDPR) in respect of any data including data relating to their customers and relatives of their customers used in requesting and obtaining feedback.

Truth in advertising / indemnification for liability

The Advertiser is solely responsible for any liability arising out of or relating to Advertisements (as the case may be) and the use and/or publication of them, and/or any material to which users can link through to. The Advertiser represents and warrants that any information found on URLs hyperlinked from Advertisements will not violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trade mark, trade secret, image or other proprietary or confidential information or property right, false advertising, unfair competition, defamation, invasion of privacy or rights, violation of any anti-discrimination law or regulation, or any other right of any person or entity.

The Advertiser agrees to indemnify Care Quality Network CIC and to hold Care Quality Network CIC and its officers, directors, employees and agents harmless from any and all liability, loss, cost, damages, claims or causes of action of any kind, including reasonable legal fees and expenses that may be incurred by Care Quality Network CIC, arising out of or related to the Advertiser’s

breach of any representations and warranties in these terms.

Limitation of liability

Care Quality Network CIC ‘s liability for losses suffered by the Advertiser as a result of a breach of these terms by Care Quality Network CIC is strictly limited to the price paid for the Advertisements.

Care Quality Network CIC’s liability for losses suffered by the Advertiser as a result of a breach of these terms by Care Quality Network CIC is strictly limited to liability in respect of claims brought within one year of the date of the invoice for the Advertisement.

To the fullest extent permitted by law, Care Quality Network CIC expressly excludes any liability for any indirect, special or consequential loss or damage arising out of or in connection with these terms or an Advertisement, and also excludes, without limitation, any liability for:

(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and
(h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect Care Quality Network CIC’s liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Severability

If any of these terms 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.

Governing law

Agreements shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts in connection with any disputes which might arise out of, under or in connection with this agreement.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

 

February 2022

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