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Soapbox Terms & Conditions

The eastmagazine.co.uk soapbox has been designed to facilitate the flow of useful and fun information and opinion. We ask only that you be respectful to others and to treat them how you would like to be treated. In order to use the Soapbox users are required to provide a username and e-mail address. The email address will not be disclosed to other users unless written within the post. Neither the Administrators of these forums, or the Moderators, are responsible for the privacy practices of any user. Remember that all information that you choose to disclose becomes public information. We may share collective information internally and among potential advertisers, but we never share data about specific individuals. Any user who finds material posted by another user objectionable is encouraged to contact us via e-mail (web@eastmagazine.co.uk ). We are authorized by you to remove or modify any data submitted by you to these forums for any reason we feel constitutes a violation of our policies, whether stated, implied, or not. This site may contain links to other web sites and files. We have no control over the content and can not ensure it will not be offensive or objectionable. We will, however, remove links to material that we feel is inappropriate as we become aware of them. Cookies must be turned on in your browser to participate as a user in these forums. By pressing the 'Agree' button, you agree that you, the user, are 13 years of age or over. You are fully responsible for any information, links or opinions you contribute. You also agree that you will not post any copyrighted material that is not owned by yourself or the owners of these forums. In your use of these forums, you agree that you will not post any information which is vulgar, harassing, hateful, threatening, invading of others privacy, sexually oriented, or that violates any laws. If you have any questions about this privacy statement or the use of these forums, you can contact the forum administrator at: web@eastmagazine.co.uk

East Works Ltd Advertising Terms & Conditions

Acceptance of this agreement
Before you become entitled to receive the Advertising Services, you must read and accept the terms and conditions set out in this agreement ("Agreement") by clicking on the "Accept" button at the end of this Agreement. By clicking on the "Accept" button you agree to be bound by the terms and conditions of this Agreement ("Acceptance"), and after Acceptance has occurred, you are authorised to receive and use the Advertising Services in accordance with this Agreement. If you do not accept this Agreement, you are not authorised to receive and use the Advertising Services in any way.

PARTIES
This Agreement is between you ("you" or "Advertiser") and East Works Limited (Company Number: 5473396) whose registered office is 86 Firle Road, Eastbourne, BN22 8EJ. ("East Works Limited") in respect of the "Advertising Services" (defined below) set out in this Agreement. "Parties" will mean East Works Limited and the Advertiser and "Party" will mean East Works Limited or the Advertiser, as applicable.

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IT IS AGREED THAT:

1. SCOPE OF THIS AGREEMENT

1.1. East Works Limited maintains a site on the Internet located at: www.eastmagazine.co.uk. Save as otherwise set out in this agreement, this Agreement relates to the Advertiser electronically submitting its advertisements for recruitment and lettings, as applicable, ("Advertising Content" ) to the East Site via East Magazine on-line advertising posting service ("Posting Service" ). Such Advertising Content will be automatically posted and published by East Works Limited systems (i.e. without the assistance of any East Works Limited personnel) into the jobs and lettings section of the East Works Limited Site, as applicable, so that such Advertising Content is advertised to and may be accessed by Eastmagazine.co.uk’s Users (defined below) should such Users wish to do so. The Posting Service (including storing the Advertising Content submitted electronically by the Advertiser), the processing and posting by East Works Limited’s systems, and the advertising in the relevant section of the East Magazine site will be the "Advertising Services" for the purpose of this Agreement. Any reference to the East Works Limited Site in this Agreement will include all the sections of the East Magazine Site. As part of the Advertising Services, East Works Limited also offers the Advertiser the facility to edit its advertisements already on the East Magazine Site via the Posting Service.

1.2. East Works Limited also offers an advertising service whereby East Works Limited will process and post the Advertiser's adverts to the East Works Limited Site on behalf of the Advertiser. Such advertising service is usually for higher value, multiple volume advertisements. If the Advertiser is interested in this service, it should contact East Works Limited using the contact details in this Agreement and East Works Limited will let the Advertiser know if it qualifies for this advertising service.

1.3. The Advertising Services set out in this Agreement may be provided by East Works Limited or, if applicable, by the relevant East Works Limited Affiliate. For the purposes of this Agreement, " East Works Limited Affiliates" will mean any subsidiary or holding company of East Works Limited, or a subsidiary of East Works Limited, all as defined by Section 736 of the Companies Act 1985, as amended by the Companies Act 1989, and will include: East Works Limited Limited (Company Number 5473396). " East Works Limited Affiliate" will mean one of the East Works Limited Affiliates, as applicable.

1.4. Each electronic submission of the Advertising Content by the Advertiser to the East Works Limited Site via the Posting Service will remain advertised on the East Works Limited Site for up to 4 weeks from the Launch Date (defined below) unless the Advertiser selects a shorter period via the Posting Service. Such 4 week period or such shorter period selected by the Advertiser will be the "Advertising Period" . Each posting of Advertising Content to the East Magazine Site will first appear on the East Magazine Site no later than 3 Working Days (for the purposes of this Clause 1.4, "Working Days" are defined as Monday-Friday between 9am and 6 pm but excluding public holidays in the United Kingdom) after the electronic submission of such Advertising Content by the Advertiser to the Posting Service. The first day of the Advertising Period is the day the Advertising Content is advertised on the East Magazine Site for the first time and this day will be the "Launch Date" for the purposes of this Agreement. Subject to the Advertiser pre-paying the relevant Fees, the Advertiser may extend the Advertising Period by a period of up to 4 weeks by selecting such extension via the Posting Service.

1.5. The Advertiser will be liable for the fees ("Fees" ) payable to East Works Limited for the Advertising Services in accordance with this Agreement and the Advertiser will pay the Fees to East Works Limited in accordance with Clause 4 below.

1.6. At all times, the Advertiser is solely responsible for electronically submitting the Advertising Content to the East Magazine Site and the contents and details of any of the Advertising Content provided to East Works Limited under this Agreement. East Works Limited will not be liable or responsible for checking the Advertising Content to ensure it is correct, accurate, complete or that it does not contain any errors. East Works Limited will not be liable for any errors, mistakes, or omissions made during the electronic submission, processing and/or posting the Advertising Content to the East Works Limited Site.

1.7. East Works Limited allows users ("Users" ) to search for and access the content of the East Magazine Site (including the Advertising Content advertised on the East Magazine Site) and other sites on the Internet. East Works Limited does not guarantee that the Advertising Services will lead to a successful advertising campaign for the Advertiser.

1.8. The Advertiser will keep the Advertising Content up to date and ensure it is correct at all times, including prior to submitting it to the East Magazine Site.

2. CHANGES, DELETION BY THE ADVERTISER
After the Launch Date, the Advertiser may delete any of the Advertising Content from the East Magazine Site by using the editing facilities of the Posting Service. In this event, the Advertiser will remain subject to the full Fees for such Advertising Content (unless otherwise agreed by the Parties in accordance with Clause 10.1 below) and the Advertiser will not be entitled to a refund of any Fees pre-paid by the Advertiser for such Advertising Content deleted pursuant to this Clause 2.

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3. DELETION, REFUSAL TO POST, SUSPENSION OR CHANGE BY EAST WORKS LIMITED

3.1. East Works Limited may delete any Advertising Content from the East Magazine Site or refuse to post any Advertising Content to the East Magazine Site if:

3.1.1. the content of such an Advertising Content is not consistent with East Works Limited reasonable advertising standards from time to time in effect;

3.1.2. such Advertising Content does or is likely to breach any applicable law or regulation;

3.1.3. the Advertiser has breached or threatened to breach the terms of this Agreement; or

3.1.4. the content of any Advertising Content is obscene, blasphemous, defamatory, or infringes the Intellectual Property Rights (defined at Clause 8.2 below) of any third party.

3.2. East Works Limited may immediately delete, suspend, or refuse to accept any Advertising Content if the Advertiser fails a credit check carried out by East Works Limited or a third party at any time or if the Advertiser resells any of East Works Limited’s Advertising Services set out in this Agreement to any third party. East Works Limited may check that the Advertiser or the person dealing with East Works Limited on behalf of the Advertiser has authority to use any credit or other payment card in relation to this Agreement.

3.3. East Works Limited may delete any Advertising Content without any reason at any time after Acceptance has occurred. In this event the Advertiser will only be liable for the Fees for the Advertising Content advertised on the East Works Limited Site up to the date of such deletion or refusal. East Works Limited will refund any Fees pre-paid by the Advertiser that relate to the relevant Advertising Content deleted or refused pursuant to this Clause 3.3.

3.4. East Works Limited may move, change the position of, or reduce or increase the size of any Advertising Content on the East Works Limited Site at any time if necessary or desirable for organisational or presentational reasons on the East Works Limited Site.

3.5. Other than as set out in this Agreement, East Works Limited will not amend or change the Advertising Content on the East Works Limited Site.

3.6. Unless otherwise agreed by the Parties in accordance with Clause 10.1 below, irrespective of any action taken by East Works Limited in relation to any Advertising Content pursuant to Clauses 3.1, 3.2, and 3.4 above, the Advertiser will be subject to the full Fees for such Advertising.

3.7. East Works Limited will give the Advertiser reasonable notice prior to any action taken by East Works Limited pursuant to Clause 3. However, if such action is immediate, East Works Limited will give the Advertiser notice as soon as reasonably practicable thereafter.

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4. PAYMENT AND INVOICING

4.1. Save as otherwise set out in this Agreement, the Fees for the Advertising Services provided under this Agreement will be quoted to the Advertiser on the Posting Service at the time the Advertiser selects the Advertising Services it wishes to obtain under this Agreement. If the Advertiser exits the Posting Service without having clicked on the "Accept" button as described at the beginning of this Agreement, then such previously quoted Fees will no longer be valid and available to the Advertiser. After Acceptance has occurred, the Fees will be confirmed to the Advertiser at the time the Advertiser provides its credit card or other payment card details via the online secure server payment facility on the East Works Limited Site or will be invoiced.

4.2. The Advertiser will pay the relevant Fees to the Advertiser at the time it selects the Advertising Services via the Posting Service. Unless otherwise agreed by East Works Limited in accordance with Clause 10.1, the Advertiser will pay the Fees due under this Agreement to East Works Limited by credit card or other payment card. Payment will be deemed to have been made by the Advertiser to East Works Limited at the time the Advertiser's credit card or other payment card is charged and East Works Limited is in receipt of cleared funds from the credit card or other payment card in East Works Limited 's bank account.

4.3. Unless otherwise set out in this Agreement or agreed by the Parties in accordance with Clause 10.1, the Advertiser will not be entitled to any refund, credit, lien or set-off of any kind from the time the relevant Fee is paid to East Works Limited. East Works Limited will refund, as soon as reasonably practicable, any Fees due to the Advertiser under this Agreement.

4.4. All Fees and any other additional fees or charges described in this Agreement or set out in the East Works Limited Site are in pounds sterling and inclusive of value added tax ("VAT" ). VAT is due and payable on all Fees.

4.5. In the event that East Works Limited (or its systems) provides an incorrect quote of the Fees (whether due to an error or otherwise) to the Advertiser prior to Acceptance in respect of the relevant Advertising Services requested by the Advertiser and/or East Works Limited has deducted such incorrect amount of Fees from the Advertiser's credit or other payment card, as applicable, the Advertiser will pay East Works Limited the correct amount due to East Works Limited by credit or other payment if East Works Limited contacts the Advertiser and provides details of the incorrect quote or, if applicable, East Works Limited will refund any overcharged Fees to the Advertiser due to such incorrect Fees being previously charged to the Advertiser under this Clause 4.5.

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5. EAST MAGAZINE SITE AND THE ADVERTISING CONTENT

5.1. East Works Limited makes no representation or warranty that the whole or part of the East Magazine Site will be accessible at all times, or useable by all Users and/or the Advertiser, or error free.

5.2. East Works Limited reserves the right without notice to the Advertiser, to suspend temporarily or alter the operation of the East Works Limited Site, for legal or technical reasons. East Works Limited will try to give the Advertiser as much notice where possible either by email or telephone or by posting notice on the East Magazine Site prior to taking any of the actions described in this Clause 5.2, but prior notice may not always be feasible for a variety of reasons.

5.3. The Advertiser will ensure that all Advertising Content or any other information provided by the Advertiser is legal, decent, honest, truthful, accurate and not misleading in any way and the Advertiser will not use the East Magazine Site for any fraudulent or illegal purposes.

5.4. The Advertiser will ensure that the Advertising Content complies with all applicable legislation, regulations, codes and guidelines applicable to such Advertising Content being advertised on the East Magazine Site. The Advertiser will ensure that the Advertising Content does not contain material that is obscene, blasphemous, defamatory, infringing on any rights of any third party or otherwise legally actionable by such third party.

5.5. The Advertiser warrants that it has, or will procure prior to the Launch Date, all necessary consents, releases and licences to provide the Advertising Content to the East Magazine Site and to deal with it as described in this Agreement, and the Advertiser hereby provides, all such consents, leases and licences to East Works Limited and the East Works Limited Affiliates, as applicable, for the purposes of this Agreement.

5.6. East Works Limited will have sole control over the "look and feel" of the East Magazine Site, including the Advertising Content provided by the Advertiser to the East Magazine Site and the display, appearance and placement of the Parties' respective names and/or brands.

5.7. Any matter of complaint arising out of the publication of the Advertising Content on the East Magazine Site will be notified to East Works Limited in writing by the Advertiser within 48 (forty eight) hours of receipt of such complaint.

6. TERM AND TERMINATION

6.1. This Agreement is binding upon East Works Limited and the Advertiser immediately from the date of Acceptance and it will remain in force until the end of the Advertising Period (or such extension thereof in accordance with Clause 1.4) unless terminated earlier by either Party in accordance with this Agreement.

6.2. Either Party may at any time by notice in writing terminate this Agreement forthwith if the other Party is in breach of the terms of this Agreement and such breach is not capable of remedy; or if such breach is capable of remedy and the Party committing the breach has failed to remedy the breach within thirty (30) days of written notice to it from the other Party, specifying the breach and requiring its remedy.

6.3. If a Force Majeure Event continues for a period of 60 consecutive days, then the other Party may terminate this Agreement forthwith where the non-performing Party fails to perform any of its obligations under this Agreement due to that Force Majeure Event (defined in Clause 10.4 below). The Advertiser will be liable for the Fees for the relevant Advertising up until the date of the Force Majeure Event.

6.4. The Advertiser acknowledges that the Advertising Services (because such Advertising Services include the Posting Service) commence from the date of electronic submission of the Advertising Content to the Posting Service. Subject to Clauses 6.1, 6.2, 6.3 above, the Advertiser acknowledges that it will not be entitled to cancel this Agreement from the date the Advertising Services commence as described in this Clause 6.4.

6.5. Termination in accordance with Clause 6 will not prejudice or affect any right of action or remedy that will have accrued or will thereafter accrue to either East Works Limited or the Advertiser.

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7. LIABILITY

7.1. Neither Party excludes liability for the following: (a) death or personal injury caused by either Party to the extent to which it arises from either Party's negligence or breach of contract; (b) any fraudulent pre-contractual misrepresentations made by either Party upon which the other Party can be shown to have relied; and (c) any other liability which by law cannot be excluded by either Party.

7.2. Subject to Clause 7.1 above, in no event will East Works Limited or the East Works Limited Affiliates be liable for: (i) any damages caused by the failure of the Advertiser to perform its obligations under this Agreement; (ii) the Advertising Content provided by the Advertiser; (iii) any damage or loss of any materials (in electronic or other form) supplied by the Advertiser for the purposes of this Agreement; (iv) the termination of this Agreement; (v) the cancellation, deletion or suspension of any Advertising Content in accordance with this Agreement by either Party; (vi) temporary interruptions, errors, delays or restrictions to the East Magazine Site; or (vii) save as otherwise set out in Clause 7.4 below, any damages arising out of this Agreement.

7.3. Subject to Clause 7.1 above and Clause 7.4 below, to the extent that East Works Limited is deemed by a court of competent jurisdiction, to have any liability to the Advertiser in contract, tort (including negligence) or otherwise in respect of this Agreement, East Works Limited 's entire liability for any one incident or related series of incidents will be limited to the greater of:

7.3.1. £250; or

7.3.2. the Fees actually paid by the Advertiser to East Works Limited during the 3 months preceding the date on which the liability arises.

7.4. Subject to Clause 7.1 above, in any Year, East Works Limited 's total liability under this Agreement will be limited to the greater of £1,000 or the total Fees actually paid during that Year by the Advertiser. "Year" will mean a 12 (twelve) month period, the first Year starting on the date of Acceptance and subsequent Years starting on each anniversary of the date of Acceptance.

7.5. Subject to Clause 7.1 above, East Works Limited will not be liable to the Advertiser in contract, tort, negligence or otherwise for: (a) any economic loss (including without limitation, loss of revenue, business, contracts, profits or anticipated savings); (b) any loss of goodwill or reputation; (c) any loss of opportunity; (d) any loss of data; (e) any loss relating to the value of the subject matter of the Advertising Content advertised on the East Magazine Site; or (f) any special, indirect or consequential loss.

7.6. The express terms of this Agreement are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

8. INDEMNITY

8.1. The Advertiser will fully indemnify East Works Limited from and against all claims, demands, actions, losses and damages, costs, charges, fines and expenses (including but not limited to reasonable costs and disbursements on a solicitor and client basis) arising from or incurred due to: (a) any infringement or alleged infringement of any third party Intellectual Property Rights (defined below) caused by East Works Limited 's use (pursuant to this Agreement) of the Advertising Content provided by the Advertiser; or (b) the Advertiser providing any Advertising Content which is obscene, blasphemous, or defamatory or otherwise in breach of any applicable law or regulation.

8.2. For the purposes of this Agreement, "Intellectual Property Rights" means patents, trade marks, service marks, design rights (whether registerable or otherwise), applications for any of the foregoing, copyright, database rights, know-how, trade or business names, domain names and other similar rights or obligations whether registerable or not in any country (including but not limited to the United Kingdom).

9. PERSONAL DATA
The Advertiser must read East Works Limited 's Privacy Policy. as it forms part of this Agreement.

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10. GENERAL

10.1. Subject to any fraudulent statements or misrepresentations, this Agreement is the entire agreement between East Works Limited and the Advertiser and it will supersede any other oral or written communications, agreements, promises or representations with respect to the subject matter of this Agreement. No variation or amendment to this Agreement will be valid unless it is in writing, refers specifically to this Agreement and is signed by the Advertiser and East Works Limited. This Agreement does not affect any consumer rights that the Advertiser may have under the provisions of any applicable law or regulation.

10.2. This Agreement is not an exclusive arrangement with the Advertiser and the Advertiser is free to enter into any contract with any other entity providing advertising services. The Advertiser acknowledges and agrees that this Agreement will not constitute, create or give effect to a joint venture, pooling arrangement, principal/agency relationship, partnership or formal business organisation of any kind and the Advertiser will not have the right to bind East Works Limited without East Works Limited 's express prior written consent.

10.3. If any part of this Agreement is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of this Agreement will not be affected. No delay, neglect or forbearance on the part of either Party in enforcing against the other Party any term or condition of this Agreement will either be or be deemed to be a waiver or in any way prejudice any right of that Party under this Agreement.

10.4. If either Party is unable to perform any of its obligations under this Agreement because of a Force Majeure Event, such non-performing Party will not have liability to the other Party for such failure to perform. "Force Majeure Event" means any: fire, flood, earthquake or act of God; explosion, war, civil disorder, industrial disputes (but not including disputes involving the non-performing Party's own employees), or revolution; or other similar cause or event beyond the reasonable control of the non-performing Party.

10.5. This Agreement may not be assigned, novated, sub-licensed or otherwise transferred by the Advertiser in whole or in part without the prior written consent of East Works Limited. East Works Limited may assign, novate, sub-licence or otherwise transfer this Agreement in whole or in part to any East Works Limited Affiliate or to any third party as part of a change in ownership of East Works Limited or a bona fide reconstruction, merger or takeover of East Works Limited, without the Advertiser's consent.

10.6. No Third Party Benefit

10.6.1. The Advertiser acknowledges that East Works Limited has entered into this Agreement for its own benefit and for the benefit of any of the East Works Limited Affiliates providing the Advertising Services under this Agreement above and this Agreement is intended to be enforceable by such of those East Works Limited Affiliates by virtue of the Contract (Rights of Third Parties) Act 1999.

10.6.2. Subject to Clause 10.6.1 above, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is a available apart from that Act.

10.6.3. Notwithstanding Clause 10.6.1 above, East Works Limited and the Advertiser may agree to rescind or vary this Agreement without the consent of the applicable East Works Limited Affiliates.

10.7. At the time of Acceptance, the individual clicking on the "Accept" button represents that he/she is duly authorised to enter into this Agreement.

10.8. Save as otherwise set out above, any notice required to be given under this Agreement will be in writing and will be sent to the Company Secretary of East Works Limited at the registered office address set out at the beginning of this Agreement or to the duly authorised representative of the Advertiser identified pursuant to Clause 10.7 above or the Company Secretary of the Adviser if the Adviser is a company, as applicable. Any such notice may be delivered personally, by first class pre-paid letter, or by e-mail and such notice will be deemed to have been received: (1) if delivered personally - at the time of delivery; (2) if by first class post - 48 hours after the date of mailing; or if by e-mail - at the time of receipt of the e-mail by the Advertiser.

10.9. This Agreement is governed by the laws of England, and subject to the exclusive jurisdiction of the Courts of England.

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