Advertising Terms and Conditions
For Advertising Terms and Conditions applicable to the Printed Directory please click HERE
PARTIES
These Advertising Terms and Conditions (“Conditions”) are entered into between:
1. The company, The Directory For You (and subject to the laws of) Spain. Our registered address is The Directory For You Calle Mojacar, Las Filipinas 7 San Miguel de Salinas 03193. (“The Directory For You ”, “we”, “us”, “our”); and
2. (The person or company named on a Confirmation of Order (“you”, “your”) each a “Party” and together the “Parties”.
You can give notice by contacting our customer services team during Business Hours on 965 999 393 or emailing us on info@thedirectoryforyou.com.
OPERATIVE PROVISIONS
1. Definitions
In these Conditions:
“Advertising terms and conditions”means the document located at https://thedirectoryforyou.com/legal/advertising-terms-and-conditions/ as varied from time to time.
means any advertisement for publication on thedirectoryforyou.com, the Printed directory or within other communications channel pursuant to an Agreement with us for provision of Services.
“Advertisement Order” means a document, webpage or electronic communication which you complete and submit to us, under which you offer to purchase or subscribe to one or more Services from us or to modify, extend or renew any existing Service.
“Agreement” means the agreement between the Parties as set out in the Confirmation of Order and inclusive of these Conditions and applicable Service Rules.
“Business Day” means a day other than Saturday, Sunday on which banks are open for trading in Spain.
“Business Details” means the following full and accurate information:
a. Business name;
b. Address in Spain
c. Telephone number
d. Business Category.
“Business Hours” means 9:00am to 5:30pm on each Business Day.
Business Profile Page means a page containing your Business details.
“Charges” means our charges for performing the Services including on the Fixed Fee, Fixed Term.
“Claims” means any claim including demands, threatened or filed proceedings, fines, awards, penalties howsoever arising including any liability, damages, or cause of action.
“Clicks” means the action of following a hyperlink on an Advertisement to another website or another page or frame.
“Confirmation of Order” means a document, webpage or electronic communication which we send to you, under which we expressly accept the offer to purchase set out in the Advertisement Order.
“Content” means any creation of intellect and includes code, text, layout, design, shading, colouration, images and links.
“Costs”means any cost, expense or disbursement incurred by reason of a Claim, including judgment debts, adverse costs orders, settlement sums, penalties, fines, professional legal fees, administrative costs of proceedings, expert witness costs, or costs required for compliance with orders for equitable relief.
“Created Content” means any Content created or provided by us as part of the provision of Services.
“Effective Date” means the date of the Confirmation of Order.
“Fair Usage” means we will make amendments such as wording changes and graphics adjustments at your request however limited such that we may refuse to make further amendments where the extent or frequency of amendments is deemed by us in our sole discretion to be excessive or may detrimentally affect other customers (for example where it would require disproportionate allocation of resources to complete the amendments as requested), and we shall have the right to terminate or suspend your Service immediately upon written notice if we are unable to reach a compromise with you in respect of refused amendments.
“Fixed Fee” means payment of a single agreed amount whether payable in full or in parts.
“Fixed Term” means a term of finite duration specified on an Advertisement Order for a Service either as a specified period or the period between an identifiable beginning and end date.
“Force Majeure Event” means any circumstances or causes beyond a Party’s reasonable control, including by way of example insurrection or civil disorder, acts of governmental or military authorities, strikes, civil unrests, terrorism, war, fire, flood, prolonged general power outages, changes of the regulatory environment, or acts or omissions of any third party for whom the affected Party is not responsible.
“Free Listing” means an unpaid online listing on www.thedirectoryforyou.com and / or Telephone Directory in The Directory For You ’s electronic database of businesses and telephone directory enquiries service. “Free Service” means a Service provided without or with zero Charges.
“GDPR” means the General Data Protection Regulations 2016/679.
“Impressions” means the number of times your Advertisement is presented to your target audience.
“IPR” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in designs, rights in computer software, database rights, moral rights, rights in confidential information, know-how, trade secrets, and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
“Online Listing” means a webpage on thedirectoryforyou.com which includes your business logo, 12 key words, up to 12 photos, short description text up to 100 characters, main description text up to 300 characters, business contact details, opening hours, business classification and location.
“Renewal Period” due after the Fixed Term.
“SEO” means search engine optimisation, being implementation or recommendation of strategies intended to increase the amount of visitors to a website by improving the ranking on search results pages of a search engine including Google.
“Service” means product or service offered by us including Advertisements.
“Service Commencement Date” means the date on which the Services are first provided by us to you unless otherwise specified in the applicable Service Rules.
Telephone Directory Enquires Service We list your business on the 24hr telephone directory enquiries service (902 906 192) for the Fixed Term of your Ad Package, as set out in the Advertisement Order.
“The Directory For You Business Account” means the secured login details provided to you the advertiser once an Order Confirmation email and full payment has been received. This Business Account allows you to access, update and amend your Business Profile Page via https://thedirectoryforyou.com/wp-login.php.
“thedirectoryforyou.com” means the internet website located at the URL https://thedirectoryforyou.com/wp-login.php, which is owned and operated by us.
“Third Party Data” means data we obtain for use under license from third party organisations and which may be used to assist in the provision of Services and which may be displayed to Users in association with other material relating to you including by way of example and not limitation cartographic data used to display location maps.
“User” means a person who uses thedirectoryforyou.com or other publication channels to which an Advertisement is syndicated or distributed.
“User Generated Content” means Content created, transmitted via or otherwise communicated by non-administrative users of a website, and includes to forum posts, comments, content, reviews, testimonials, public or private messages that may be submitted to or on a website. User Generated Content includes reviews, ratings, feedback and questions relating to the goods and services you provide.
2. Interpretation
In these Conditions:
2.1. Reference to any:
a. Statute or statutory provision is a reference to it as amended, extended, or re-enacted from time to time, and any subordinate instrument made under it;
b. Person includes natural persons, companies, partnerships, associations, governments, organisations, states, government or state agencies, foundations and trusts;
c. Company shall include any company, corporation or other body corporate, wherever and however incorporated or established; and
d. Party includes a reference to that Party’s successors in title, permitted assignees and transferees (if any);
2.2. Words denoting the singular shall include the plural and words denoting the plural shall include the singular;
2.3. Words denoting gender shall include all genders;
2.4. Headings are for convenience only and do not affect the interpretation of these Conditions;
2.5. The word “including” and similar expressions will not be construed as words of limitation and shall be read as “including, but not limited to”;
2.6. “data”, “data subject”, “personal data” and “processing” have the same meaning as for by the GDPR; and
2.7. Where text with a character count limit is identified, unless otherwise specified, the character count shall include spaces and the text shall be plain text.
3. Binding Contract
3.1. These Conditions and the Service Rules applicable to each Service as at the date of the Advertisement Order are incorporated into the Agreement which comprises a legally binding contract between you and us.
3.2. Your submission of an Advertisement Order to us shall comprise an offer, and our delivery of a Confirmation of Order to you shall comprise acceptance. The Agreement shall become binding upon our issuing a Confirmation of Order to you, unless you notify us of any material difference between the Services intended on the Advertisement Order and the Services on the Confirmation of Order within five Business Days after which you shall be deemed to warrant the Confirmation of Order correctly identifies and particularises the Services and sets out the terms and conditions of the contract between the Parties.
4. Order of Precedence
4.1. In the event of any conflict between these Conditions, any applicable Service Rules, the Confirmation of Order, or the Advertisement Order, the order of precedence shall be: (i) the Confirmation of Order, (ii) the applicable Service Rules, (iii) these Conditions. No terms or conditions expressed within the Advertisement Order shall be binding upon the Parties unless expressly set out in the Confirmation of Order.
5. Our Responsibilities
5.1. We shall endeavour to make thedirectoryforyou.com available to users at all times.
5.2. We shall perform the Services in the Confirmation of Order, in accordance with Good Industry Practice and the applicable Service Rules.
6. Your Responsibilities
6.1. You shall provide us with any Content reasonably required to perform the Service and in a suitable format as specified by us. We shall have the right to change Content provided by you as we deem necessary or convenient to provide or optimise the Services.
6.2. You shall take such reasonable steps as are required to receive or maintain the Service where the nature of the Service requires your periodic attention, including maintaining your own computer systems.
6.3. To the extent that the provision of a Service concerns a website or your business has a pre-existing website or presence on third party directories to the extent the Content concerns your business (other than thedirectoryforyou.com) you grant to us the right to access, copy, store, compile, recompile and index such website. You warrant that you have all necessary IPR to grant such rights. All terms and conditions applicable to such website shall be excluded as between the Parties.
6.4. You are responsible for arranging your online access to the Services and for paying any relevant fees, for example, to your broadband supplier. You are also responsible for having all the necessary equipment for accessing the Service.
6.5. You shall be responsible for taking and maintaining backups of any Content for which you have IPRs for use beyond the scope of the Services or beyond the Term. We are not responsible for storing any Content associated with the Service following termination or expiry of the Services for any reason.
6.6. If your activities, conduct, advertising or promotion fall within the Financial Services Regulatory Regime, you shall:
a) Be authorised by the Financial Conduct Authority or that you are an appointed representative.
b) You shall immediately notify us if you become aware of any event or matter which causes, or could cause, the display of the Content or any part of the Content in an Advertisement to be in breach of the Financial Services Regulatory Regime.
7. Content Issues
7.1. We shall have the right to decline, suspend or cease to publish any Advertisement or part of any Advertisement, or suspend any Service, immediately and without prior notice, where:
a. An Advertisement provides an address (including a branch address) that is not a genuine trading address or otherwise includes inaccurate business and contact particulars;
b. An Advertisement includes a competition which is in breach of relevant advertising, trading or consumer protection laws, regulations or standards;
c. An Advertisement includes the personal data of any data subject without the clear and explicit opt-in consent of the data subject;
d. We consider the Content is or may be contrary to or infringes the Advertising terms and Conditions, Service Rules, the terms of any law, or the rights of any person;
e. We consider the Content may subject us to a Claim, prosecution, criticism or embarrassment;
f. We consider any Content (including a hyperlinked external website) or your use of the Services is or may be unlawful, misleading, offensive, prejudicial, inflammatory;
g. You have failed to provide any information or document requested by us pursuant to clause 6;
h. The Content does not comply with any rules or conditions from time to time applicable to third party services or External Element with which it shall be used including but not limited to Facebook and Google advertising; or
i. We have reasonable grounds to believe that the owner or controller of IPR in Content used within the Advertisement has not granted, has withheld or withdrawn permission for such use.
7.2. Suspension of your Advertisement or Service pursuant to this clause shall not relieve you of the obligation to pay the Charges in respect of the relevant Service. The suspension shall cease as soon as reasonably practicable following resolution of the circumstances giving rise to the suspension.
7.3. Where we have a right of termination or suspension arising from an issue relating to Content (“Content Issue”) we shall have the right but not the obligation to change the Content without prior notice as we deem necessary or convenient to remedy the Content Issue. We shall notify you of the change as soon as reasonably practicable.
8. Review Process and Amendments to Advertisements
8.1. Once a first version of your Advertisement is ready we will notify you and the Advertisement will be made available for you to review for the Review Period during which you may request any amendments. Once any amendments are ready you will be notified and the amended Advertisement will be made available for you to review for a further Review Period, this process shall repeat until the Advertisement is expressly or deemed approved by you for publication. If at the end of any Review Period you have not provided any feedback, requested any amendments or indicated your approval then that version of the Advertisement shall be deemed to be approved and shall be published according to the applicable Service Rules.
8.2. We shall not be liable for failure to action a request for amendment of an Advertisement where such request is, in our reasonable opinion, garbled, indecipherable, unclear or has not been received by us in writing by means of email to production@thedirectoryforyou.com.
8.3. Further amendments requested by you in respect of any Advertisement or Service during the Term shall be subject to Fair Usage.
9. Free Services
9.1. Free Services shall be provided on an “as is” and “as available” basis. We shall have the right to terminate Free Services, without liability, at any time, for any or no reason, immediately without notice. These Conditions and the applicable Service Rules shall apply to any Service when provided as a Free Service.
10. Business Listings on thedirectoryforyou.com
10.1. Images on online listings must only show your business’s premises, products, services, or trade association logos where the business is a member of that association and in compliance with the association’s rules. You shall be responsible to upload images via your Business Account through https://thedirectoryforyou.com/wp-login.php
10.2. Links to external websites included on online listings must be live or have a high quality and informative holding page.
10.3. The logo for your business must be the correct logo for your business and shall not infringe the IPR of any third party.
10.4. We shall have the right to publish your Content from thedirectoryforyou.com to third party channels including mapping and directory services.
11. Permissions
11.1. You consent to your data and personal data being processed, and you being contacted including for the purposes of direct marketing, in accordance with our Privacy Policy located at thedirectoryforyou.com/legal/data-protection-privacy-policy/
11.2. You consent to our disclosure of personal data and/or account details by any of the means of contact you provide to us or include in an Advertisement, without the need to verify the identity of the recipient.
11.3. Unless you tell us otherwise, we will issue all account communications (including any Confirmation of Order, invoice, and Factura’s) to the email you have provided on your Advertising Order / Confirmation Order.
13. User Generated Content
13.1. We shall have the right to encourage and permit users to publish User Generated Content on thedirectoryforyou.com and third party social media sites such as Facebook including in associated with you and your business. You admit for all purposes that we act as a passive conduit for User Generated Content and we do not, and cannot, monitor, review or moderate all User Generated Content published to thedirectoryforyou.com or social media sites but instead operate a “notice and take down” procedure (“NTD Procedure”) which you agree to use as the sole remedy for User Generated Content to which you have any Claim or objection.
13.2. The NTD Procedure shall comprise the following:
a. You must notify us immediately upon becoming aware of any User Generated Content to which you have any Claim or objection (“Complaint”);
b. We shall review the User Generated Content and may take such action as we deem appropriate including removal of the User Generated Content.
13.3. Unless otherwise specified in the Complaint you shall be deemed to consent to our disclosing your identity and contact details to the person responsible for an item of User Generated Content.
13.4. We reserve the right to refuse to disclose, unless compelled by law, the identify or personal data of any person who is responsible for User Generated Content.
13.5. You indemnify us for any Costs incurred by us if you do not attempt to resolve a complaint regarding User Generated Content by the NTD Procedure in the first instance.
14. External Website Elements
14.1. Functions and design elements made available to you as part of any Service including when integrated into any website or other product or output of a Service, and on thedirectoryforyou.com may be under license from third parties including by Google or Facebook (“External Elements”).
a. You agree to be bound by the terms and conditions applicable to the use of such External Elements, or in the alternative you release us from any liability for breach of the Agreement necessitated by the terms and conditions applicable to the use of such External Elements;
b. You acknowledge such third party’s functionality:
i. Is not within our influence or control
ii. May be subject to change without notice; and
iii. May be subject to criteria for service provision, compliance with which shall be your responsibility; and
14.2. The Google Maps service made available to you as part of any Service and on thedirectoryforyou.com is under license from Google Inc. By using the Google Maps service and any data or information accessed from Google Maps in any Service, you agree to be bound by the Google Maps terms and conditions available at: https://www.google.com/intl/en_us/help/terms_maps.html.
15. Third Party Services
15.1. Where Services involve publication of your Content on third party, we shall have no liability in respect of the features, timeliness or availability of such Third Party Services, which shall be considered beyond our reasonable control including where your Content or Created Content is rejected by the Third Party Services.
15.2. We may modify the content, size and/or format of Advertisements to the extent reasonably required to comply with the technical specifications and policies of any Third Party Service from time to time.
15.3. You acknowledge that we cannot guarantee any specific positioning for Advertisements or any leads from or responses to such Advertisements. You acknowledge that our past performance is not indicative of any future results you may experience.
16. Internet Security
16.1. You shall not engage in any activity that interferes with or disrupts thedirectoryforyou.com or the servers and networks that host thedirectoryforyou.com, nor attempt to circumvent, disable or otherwise interfere with security-related features of thedirectoryforyou.com features that prevent or restrict use or copying of any Content or enforce limitations on the use of thedirectoryforyou.com or the content therein.
16.2. We shall have the right to refer any suspected fraudulent, abusive or illegal activity to appropriate regulatory and/or law enforcement authorities without notice to you.
16.3. You warrant that Content uploaded by you or on your behalf thedirectoryforyou.com or to other computerised systems in connection with the Agreement, shall be free from viruses, fault or other conditions that could damage or interfere with computer systems.
16.4. You shall comply with all written security or network access requirements that we provide to you.
16.5. You shall keep confidential any passwords or access codes that we provide to you, and you shall have absolute liability for all actions taken when your logon details are used other than where such use is as a result of our failure or breach of data security.
16.6. You shall notify us immediately if you become aware of any unauthorised use of passwords or access codes that we give you or any other breach of security that could affect us or the Services.
16.7. We shall have the right to sign you out of the Services if you are inactive for an extended period of time and to modify your user settings without notice.
16.8. You warrant that you shall not:
a. Tamper with, update, change or gain unauthorised access to any part of any of our Services, the software or systems that we use to run the Services, and the security measures applied to our Services;
b. Use any automated means to monitor or copy the Services or Our Content;
c. Modify, edit, reverse assemble, reverse engineer, decompile, distribute or display any part of our Services or make other works based on any part of our Services;
d. Use the Services to store or transmit viruses, bugs, trojans and other forms of computer programming malware;
e. Interfere with or disrupt the performance of the Services or any third party data;
f. Disable any licensing or control features of the Services or in any way interfere with features which place limitations on the use of the Services;
g. Remove, obscure, or alter any notice of copyright, trade mark or other mark or wording relating to ownership rights, which is contained in our Content or any aspect of the Services;
h. Use the Services in a way that interferes with their normal operation or that consumes a disproportionate share of their resources;
i. Use the Services to collect or use, or to distribute software that collects, personal data including email addresses, screen names, other identifiers or information; or
j. Use the Services to monitor data or traffic on any network or system.
17. Payment
17.1. You shall pay the Charges for each Service plus any applicable taxes such as IVA.
17.2. Charges are given exclusive of IVA.
17.3. Payment shall be made in euros (E) by electronic funds transfer, credit card / debit card payment via PayPal or cash.
17.4. Payment shall mean the receipt by us at our principal place of business (or elsewhere as we may direct) of cash, a credit card payment or the crediting to our bank account of a money transferred electronically.
17.5. We will issue you with an invoice for the Charges and you shall pay us the Charges. The Charges shall be due and payable by the due date specified on the invoice.
17.6. If you dispute an invoice in good faith, you shall pay the undisputed amount when due and payable and shall submit written notice of the dispute including the disputed amount, reasons for the dispute and supporting documentation, within 30 calendar days from the date the invoice is received. The Parties shall use their best efforts to resolve the dispute. Any amounts disputed pursuant to this clause and resolved in favour of Business For You SL shall be due and payable by you within 14 days of the resolution of the dispute.
17.7. Unless you notify us to the contrary, we shall be entitled to apply any payment made to the earliest undisputed outstanding Charges due and payable by you in respect of any Agreement or Service.
17.8. You shall have no right of set-off of any claims or judgments against any Charges due and payable under this Agreement unless for Claims which are uncontested or the subject of an order from a court of competent jurisdiction which is not subject to appeal.
17.9. Interest on any amounts payable pursuant to this Agreement remaining unpaid beyond the Interest Date shall compound and accrue daily at an effective rate equivalent to a per annum rate of 5% above the Interest Rate determined on a daily basis. Interest shall be due and payable immediately upon accrual and shall not require invoicing. The Parties agree that interest determined in accordance with this clause represents a genuine pre-estimate of damages caused to Business For You SL by unavailability of funds and is not a penalty.
17.10. Reductions or discounts arising pursuant to a promotional offer shall be applied to Charges where you meet all the terms of eligibility for the promotional offer. Terms of eligibility of promotional offers will be made available on request.
18. Term and Termination
18.1. The Agreement shall commence on the Effective Date regardless that the Confirmation of Order may be issued or received after the effective date.
18.2. Unless it is terminated earlier in accordance with these Conditions, the Agreement shall continue until expiry of the term of all Services on the Confirmation of Order.
18.3. The term of each Service shall commence on the Service Commencement Date and shall continue to the expiry date.
18.4. If the Agreement is terminated prior to full receipt of payment you shall immediately upon demand pay: (a) out of pocket expenses incurred by Business For You Group SL, for example, production costs; and (b) an early termination fee . You agree that the Early Termination Fee is a genuine pre-estimate of our loss caused by your early termination of the Agreement and is not a penalty.
18.5. You may notify us in writing that you want us to permanently remove your Advertisement from display on thedirectoryforyou.com. We will endeavour to action this request as soon as is reasonably practical. You shall not be discharged from your obligations to pay the full amount of the Charges contracted for the term of the Service, notwithstanding the removal of an Advertisement.
18.6. We may, without prior notice, immediately suspend any or all Services provided to you if:
a. You fail to pay any amount due pursuant to the Agreement between you and Business For You Group SL when due and payable.
Suspension of your Services pursuant to this clause shall not relieve you of the obligation to pay the Charges in respect of such Services. The suspension shall cease as soon as reasonably practicable following resolution of the circumstances giving rise to the suspension.
18.7. We may terminate any Service or part thereof, at any time for any or no reason, by giving 14 days written notice. In the event of termination pursuant to this clause, you shall be released from further liability in connection with the Service and shall be entitled to a pro-rata refund any Charges you have already paid to us and which relates to a period after the date that the Service has terminated.
19. Suspension of Services
19.1. We may temporarily suspend any Service at any time:
a. To carry out essential maintenance;
b. To prevent or respond to hacking attempts, service attacks or other similar activities directed at our systems, or to deal with any other emergency technical issue; or
c. If we have reason to believe that you are no longer using the Services or that the password and access codes we have provided to you are being misused, including where you fail to respond to email from us regarding your contact information.
Suspension of your Services pursuant to this clause shall not relieve you of the obligation to pay the Charges in respect of such Services. The suspension shall cease as soon as reasonably practicable following resolution of the circumstances giving rise to the suspension.
20. Limitation of Liability
20.1. Nothing in this Agreement shall limit either Party’s liability for:
a. Death or personal injury caused by such Party’s negligence;
b. Fraud or fraudulent misrepresentation; or
c. Such other liability which cannot be excluded or limited by applicable law.
20.2. We shall not be liable for any consequential, indirect, exemplary, punitive, special, incidental or reliance damages, or for any damages related to lost profits, lost data, lost opportunity or business interruption, howsoever caused and even if a Party knew or should have known of the possibility of, or could reasonably have prevented, such damages.
20.3. In all other cases our aggregate liability shall be limited to the total Charges paid by you in respect of the Service that is the subject of the Claim in the 6 month period preceding the cause of action arising.
20.4. If we are responsible for an error or omission in an Advertisement we shall correct the error or omission as soon as reasonably practicable upon receipt of written notification and without charge to you, and at our sole discretion may reduce the Charges for such Service as is fair and reasonable having regard to the nature of the error or omission, or extend the duration of the Advertisement as compensation. We shall have no further liability in respect of an error or omission in an Advertisement for which we are responsible and you release and hold us harmless from any Claim thereby arising.
20.5. If you are responsible for an error or omission in an Advertisement we shall correct the error or omission as soon as reasonably practicable upon receipt of written notification and subject to your payment of any further charges as is fair and reasonable having regard to the nature of the work likely to be required and expenses likely to be incurred to correct the error or omission as determined at our sole discretion. We shall have no liability in respect of an error or omission in an Advertisement for which you are responsible.
21. Warranties and Disclaimers
21.1. Each Party warrants that it has all necessary power and authority to enter into and perform its obligations pursuant to the Agreement.
21.2. Unless expressly stated in the applicable Service Rules we make no representations, warranties or guarantees that an Advertisement or Service shall generate any volume of calls, business opportunities, profit or revenue.
21.3. The appearance, including the look, functionality and formatting, of Services may:
a. Vary depending upon the browser or device, including mobile platforms, used by the User; and
b. Be changed by us without notice.
21.4. Except as expressly stated in the Agreement, all warranties, conditions and terms, whether express or implied by statute, common law or otherwise are hereby excluded to the extent permitted by law. You shall have no remedy in respect of any statement, representation, warranty or understanding (whether negligently or innocently made) of any person or agent (whether party to the Agreement or not) other than as expressly set out in the Agreement.
21.5. You acknowledge that computer and telecommunications systems are not uninterrupted or fault free and we do not make any representation or warranty in relation to such systems and the availability thereof. You further acknowledge and agree that occasional periods of downtime for repair, maintenance and upgrading may be required and we cannot therefore guarantee uninterrupted provision of Services. We will take all commercially reasonable steps to minimise any such periods of interruption or non-availability. You shall promptly notify us if you notice any problems with the availability or functioning of the Services so that we can try to fix these problems.
21.6. We make no warranty and give no representation of any kind in relation to Third Party Data, and we shall not be liable for inaccuracy in or arising out of Third Party Data.
21.7. You warrant that all Content you provide to us complies with:
a. The Advertising Terms and Conditions; and
b. All applicable laws and regulations.
a. You are acting and shall act in a business capacity on behalf of your business and not as an individual or as a consumer;
b. The Agreement is entered into and shall be operated solely for legitimate business activities;
c. All electronic files you provide to us have been produced using properly licensed software and are free from viruses and any other harmful software;
d. Where Content comprises in whole or in part material that has previously been published in other media including printed directories, you have permission to reproduce that material in any other media channel requested by you;
e. Where you have provided us with a brief or instruction for the development of Created Content, the Created Content does not and shall not infringe, contravene or otherwise impair the IPRs of any third party;
f. Where the Service requires us to link to your website, warrant your website will comply with all applicable laws and regulatory instruments as set out in clause 21.7;
g. Where any Advertisement containing time dependent or sensitive indications, offers and promotions shall not be presented in a way so as to, or found by a court or other body of competent jurisdiction to, mislead users of our Services; and
21.8. If, in our sole discretion, we agree to indemnify you in respect of any third party Claim such indemnity shall be subject to the following conditions:
a. You shall give us immediate written notice upon becoming aware of any such Claim;
b. You shall promptly forward to us all documents and correspondence received in respect of such Claim;
c. You shall not admit liability, make any admission, settle or otherwise compromise the defence of such Claim;
d. You grant us full control and conduct of the Claim on your behalf; and
e. You shall co-operate in full and without delay or reservation in the conduct of the Claim and any defence;
Failing any of which we shall have no liability to you in respect of such Claim.
21.09. We do not, in any circumstances, approve or endorse any product or service that you may market or sell through your use of the Services.
22. Performance
22.1. Our tracking and reporting of the performance of any Service or Advertisement shall be determinative for the purposes of this Agreement including for measuring performance against commitments and indications specified in the applicable Service Rules.
22.2. Where a Service includes SEO we shall endeavour but do not guarantee to implement or recommend strategies to increase the amount of visitors to the relevant website by improving the ranking on search results pages of a search engine including Google. You acknowledge that the factors which affect ranking on such search results are outside our control, not made known by search engines, and often change without notice. Notwithstanding any term, condition or representation to the contrary the Agreement shall exclude any undertaking or warranty as to the success or performance that can or shall be achieved by means of SEO. We shall have no liability for which the cause of action includes the performance of a website in search engine rankings.
23. Intellectual Property Rights
23.1. You shall not use any Content, process or software available or identifiable on thedirectoryforyou.com for commercial or derivative purposes unless you have obtained our express written agreement. You shall not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.
23.2. If you provide any Content to thedirectoryforyou.com or otherwise to us in connection with the Agreement you grant to us for the duration of the Service a worldwide, irrevocable, royalty free, transferable, sub-licensable, non-exclusive licence to use such Content for the purposes of:
a. Providing the Services to you;
b. Displaying Advertisements in whole or in part by any means, and across any media whether now known or invented after the Effective Date which may include the display of your Content and IPRs on third party properties and platforms to which we syndicate or otherwise distribute Advertisements; and
c. Our marketing, research and promotional activities;
23.3. The continued use of your Content beyond the term of the Agreement shall not constitute an infringement or breach of contract where such use arises as a result of our continued use and
23.4. Unless otherwise specified in the Service Rules or Confirmation of Order, all IPR in Created Content shall be exclusively owned by us and shall not pass to you, including where the Created Content is derived or developed from Content or instructions supplied by you. You will not have the right to use Created Content in any form or media other than the Advertisements unless you have obtained our written permission.
23.5. We shall have the right to collect information about your use of the Services and your customer’s interaction with the Services. Where we combine this information (in a way that ensures that you cannot be identified) with similar information collected from other users of our Services, we will be the sole owner of the IPR in this information.
24. Changes to the Services and Conditions
24.1. We are committed to the constant improvement of our products and services. We shall have the right to modify thedirectoryforyou.com or any of the Services from time to time without prior notice provided the change is not materially detrimental to the value or function of the Service. If we consider that such modification is reasonably likely to be materially detrimental to the value or function of the Service, we shall notify you of such modification and you shall have the option, if exercised within 14 days of notice or other reasonable period specified within the notice, to terminate the Service without further liability and receive a refund for that part of the Charges paid in advance which relates to a period after the date of termination.
24.2. We may from time to time amend these Conditions and the Service Rules without notice to you. The updated version of the Conditions and Service Rules shall be made available at https://thedirectoryforyou.com/legal/advertising-terms-and-condtions/, together with their effective date. You undertake to https://thedirectoryforyou.com/legal/advertising-terms-and-condtions/, regularly to inform yourself as to any changes. If you do not agree with any legal change to these Conditions you may notify us in writing within 30 days of the date of the amended Conditions being posted on https://thedirectoryforyou.com/legal/advertising-terms-and-condtions/, to terminate the Contract, and thereafter, we will give you a proportionate refund of any Charges paid in advance for the period following termination.
25. Promotions
25.1. In respect of any promotion or sales offer run in respect of a Service:
a. We may, at our sole discretion, change or withdraw any promotion (for example, we may bring forwards, move back any promotion closing date; or, where no promotion closing date is specified, insert a closing date);
b. To the extent permitted by law, we shall not be liable for any Costs, howsoever arising;
c. The promotion benefit cannot be claimed or used in connection with any other promotion;
d. The promotion benefit is not transferable and there shall be no cash alternative; and
e. The promotion benefit shall be deemed forfeited where you have not claimed a promotion benefit within 30 days of your entitlement to same being communicated to you, or where we have been unable to contact you by reasonable efforts.
f. Unless expressly agreed in writing to the contrary, any promotion is provided conditional upon you maintaining the products or services that are the subject of the promotion for not less than their respective minimum terms. Failure to pay for such products or services, or otherwise any breach of the product terms and conditions by you will result in the revocation of any price reductions or benefits afforded to you as a result of any promotion, with you then being liable for the full price of The Directory For You products and services you have received as at the date of the promotion. Any other requirements for the acceptance of the products and services under the promotion will be as made known to you by the sales consultant or in collateral prior to offer acceptance.
26. General
26.1. Assignment. You shall not assign or otherwise dispose of all or any of your rights or obligations under the Agreement without our prior written consent. We may assign the Agreement to any third party, in full or part, at our sole discretion, by giving written notice of the assignment to you. Any purported assignment in breach of this clause shall be deemed null and void.
26.2. Construction. No rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of, or seeks to rely on, the Agreement or any part of it.
26.3. Electronic Commerce and Execution. The Parties consent to the requirement for signature being met by electronic signatures including by application of digitised signature, typed signature or similar methods, and such electronic signatures shall be sufficient to bind the Parties to this Agreement.
26.4. Entire Agreement. The Agreement constitutes the entire agreement between the Parties relating in any way to its subject matter and supersedes and merges all prior discussion and any prior agreement. Each Party acknowledges that in entering into the Agreement it has not relied on any warranty, representation or other promise of any nature not contained in the Agreement.
26.5. Force Majeure. Neither Party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations pursuant to this Agreement if such delay or failure is caused by a Force Majeure Event. In such circumstances the affected Party shall be entitled to a reasonable extension of the time for performing such obligations. Either Party may suspend or terminate this Agreement immediately upon written notice if a Force Majeure Event occurs and has prevented the other Party from performing its obligations pursuant to this Agreement for four weeks and continues to do so.
26.6. Law and Jurisdiction. The Agreement and any disputes arising out of or in connection with it or its subject matter shall be construed in accordance with and governed exclusively by the laws of Spain. The Parties irrevocably agree the courts of Spain shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement or its subject matter.
26.7. Lawful Content. You warrant that no Content provided by you for publication by us is in violation of local laws and ordinances in your geographical location or in Spain. We reserve the right to suspend or modify any Advertisement which is or may be in breach of Legal Restrictions.
26.8. Notices. Any notice given in connection with the Agreement shall be in writing to the recipient’s registered office address or the email address on the Advertisement Order or any method of contact associated with your Business Account.
26.9. Privacy Policy. The Privacy Policy for Advertisers located at https://thedirectoryforyou.com/legal/data-protection-privacy-policy is hereby incorporated as a Schedule to these Conditions.
26.10. Relationship between the Parties. The relationship between you and us shall not be that of partners, agents, or joint ventures for one another, and nothing contained in the Agreement shall be deemed to constitute a partnership or agency agreement between them for any purposes.
26.11. Severability. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, that provision will be severed from this Agreement and the remainder of the Agreement shall continue in full force and effect to the maximum extent permitted by law.
26.12. Successors. This Agreement shall be binding upon the Parties and their respective successors and assigns.
26.13. Survival. Each indemnity, disclaimer, warranty, undertaking as to defence, undertaking as to confidentiality and release in the Agreement, and agreement as to jurisdiction and governing law, shall survive the expiry or termination of the Agreement. All obligations and debts incurred pursuant to the Agreement prior to its termination or expiry shall survive the expiry or termination of the Agreement.
26.14. Third Parties. Nothing in the Agreement, express or implied, confers upon any third party any right, benefit or remedy under or by reason of the Agreement.
26.15. Variation. No variation, modification or waiver of any provision in the Agreement nor consent to any departure by any Party from any such provision, shall be effective unless in writing and signed by the Parties.
26.16. Waiver. A failure or delay by either Party to enforce any right or remedy available under this Agreement shall not constitute a waiver of such right or remedy or a waiver of other right or remedy. If either Party waives any specific obligation or liability under this Agreement, such waiver will not extend to any other obligations or liabilities under this Agreement.
Last updated on 6th May 2021
SERVICE RULES
BUSINESS PROFILE PAGE
1. Definitions.
Business Profile Page means a page containing your Business details.
”Ad Packages” means a package which includes 3 types of advertising for your business, a printed advertisement, a Telephone Directory listing and an online Business Profile Page of which we publish this page on thedirectoryforyou.com and other end destinations.
“End Destinations” means the web pages on which your business information will be published including third party websites; social media websites (Facebook, Twitter); and, local online directories.
2. We create your Business Profile page using the information you initially provided on your Advertisement Order Form and publication. The purchase of an Ad Package is subject to a minimum period of six months as set out below.
3. The Fixed Term is 6 months. If the Agreement is terminated within the Fixed Term, in addition to our rights under the Conditions we shall have the right but not the obligation to remove your Business Profile Page from thedirectoryforyou.com and all End Destinations.
4. Charges shall be payable in full on receipt of your Advertisement Order. On receipt of full payment your Ad Package is activated and you’re online and telephone directory listing is live. Your printed directory advertisement will feature within the forthcoming printed edition of which the date is outlined within your Advertisement Order.
6. The Business Profile Page will be published on the thedirectroyforyou.com and All End Destinations. We shall have the right to add or remove End Destinations from time to time without notice to you.
8. We shall endeavour but do not guarantee to provide you access to your Business Profile Page within 48 hours of receipt of your Confirmation of Order email and Payment.
9. You authorise us to (a) send the Business Profile Page the End Destinations, and (b) publish the Business Profile Page globally and without restriction. You warrant the Business details on the Business Profile Page are correct and that you have the right to give such authorisation pursuant to this clause.
10. The ranking of Business Profile Page in search engine results depends upon a multitude of factors outside our control such as the search engine algorithm, the search engine optimisation activity of your competitors etc. Whilst our search engine optimisation methodology ensures that your Business Profile Page can be easily read by search engines, we cannot and do not guarantee a ranking on thedirectoryforyou.com and ALL End Destinations.
11. Some Ad Package features are reliant on third party providers (including for example Facebook and Twitter). You acknowledge that (a) we may not be able to provide a particular feature where you do not meet the relevant criteria of that third party provider; (b) whilst we map your particular business classification(s) to the best of our ability, we do not have any control or ability to exercise influence over the third party provider’s own services and how your business classification(s) are displayed by the End Destinations; and (c) a third party provider’s service may cease or change from time to time. You acknowledge that such factors are events are beyond our reasonable control and agree that such an event will not permit you to terminate your Ad Package nor will we have any liability to you for any damages arising from such factors.
FREE LISTING
1. Definitions.
“Free Listing” means a Service whereby we publish a Business Profile Page on thedirectoryforyou.com without Charge.
2. At our sole discretion on an “as is” and “as available” basis we may offer you a Free Listing. A Free Listing shall be considered an Advertisement and a Free Service.
3. A paid Advertisement may replace your Free Listing.
4. We may terminate a Free Listing without liability to you at any time, for any or no reason, immediately and without need to give notice to you.
5. You may request removal of your Free Listing at any time by giving 14 days’ notice.
BUSINESS ACCOUNT
1. Definitions.
“Categories” A Classification category that most describes your business.
“Contact Us” Essential information for people who want to get in touch.
“Image Gallery” An area where you upload images of your product or service to your Profile page.
“Key Words” Key words used on your Profile Page that make it possible for people to find you using the search mechanism on thedirectoryforyou.com homepage and via external search engines.
“Logo” means the Logo image to be displayed on your Business Profile Page.
“Short Description” – An area where you input information about your business to attract customer attention by means of special offers, promotions and information unique to their business. Maximum characters available are 100.
“Main Description” – An area where you input more detailed information about your business telling potential customers precisely what you do, how long you have been established and why they should get in touch with you. Maximum characters available 300.
“Map & Directions” – If a user sets their location on thedirectroyforyou.com homepage prior to searching for your business, they are then able to obtain directions to your business address whilst viewing your Business Profile Page.
“Menus” – Option is available on your Business Profile Page to create a menu online.
“Opening Hours” – Your business opening hours.
“Password” – Required to login to your Profile Page. This is initially set-up by us however there is an option on the Business Account login page to personalise this.
“Telephone Directory” – Our Operators use your Profile Page to inform customer’s that call 902 906 192 your contact details, opening hours etc. These calls will record the time, date and day of the week and length of your call and the classification, business name and location the caller requested. We use this information to analyse how people use the service and to improve the service.
“Username” – Required to login to your Profile Page. This is initially set-up by us however there is an option on the Business Account login page to personalise this.
“Vouchers” – create, design and build your very own vouchers.
2. Your thedirectoryforyou.com Business Profile Page may be targeted by up to 12 Key words; such parameters shall be as specified on the Confirmation of Order.
3. The Charges for Thedirectoryforyou.com Profile Page is paid as part of an Ad package that incorporates other services such as a Telephone Directory Listing and a Printed Advertisement within the Printed Directory and shall be payable in advance on a Fixed Fee basis. At the end of the 6 month Advertising Period you will be contacted with the option to renew:
4. We may terminate the Thedirectoryforyou.com Profile Page for any reason or no reason on 14 days prior written notice subject to issuing you a pro-rata refund for any Charges paid in advance for the period following termination.
THE DIRECTORY FOR YOU WEBSITE
1. Definitions.
“Additional Services” means Design and Set Up.
“Amendment” means a change to your Business Profile Page we determine is a simple change and may include changes to Content.
“Change” means a change to your Business Profile Page we determine is a complex change and may include changes to Content, structure, menus or images.
“Update” means a Change or an Amendment.
“The Directory For You Business Profile Page” means a Service which includes the responsibility of the initial set-up to be carry out by us. The maintenance after the initial set-up of the content, images etc. is your responsibility and remains so to the duration of the Fixed term of Advertising.
2. The Fixed Term for an Ad Package is 6 months.
3. Your Profile Page shall be considered an Advertisement.
4. Changes are excluded from amendments we may make under Fair Usage.
5. We shall have the right to update your Business Profile Page from time to time without prior notice to you in order to improve the Business Profile Page’s functionality, Content and design, address any claims of infringement of a third party’s IPR, or rectify any alleged breach of law.
6. We shall have the right to include our logo and a link to Thedirectoryforyou.com at the bottom of your Business Profile Page. We retain all IPR in our logo.
TELEPHONE DIRECTORY ENQUIRIES SERVICE
1. Definitions.
“902 906 192″ means the telephone number associated with this service.
“Operators” mean the fully trained operators that answer inbound calls to the Telephone Directory Service.
2. We list your business on the 24hr telephone directory enquiries service (902 906 192) for the Fixed Term of your Ad Package, as set out in the Advertisement Order.
3. Persons calling the telephone directory will be connected to our call centre whereby the operator will share your business details (that are available on your Business Profile page) to existing and prospective customers using the directory to find a business or service they require.
4. The Telephone directory service for your business will commence once we have received your Order Confirmation email and payment in full of any advertising ordered and will run for the duration of your Ad package as set out in the Advertisement Order and will continue for the Fixed Term.
5. The Telephone directory Service will record the time, date and day of the week and length of each call and business name that is requested or service category requested. We use this information analyse how people use the service and to improve the service.
6. Our Telephone Directory Service is provided to you, as part of your Ad Package and will be no longer continue when the Fixed Term has expired and you have declined to renew your advertising.
7. We reserve the right to terminate a Telephone Directory Service at any time and for any reason.
8. If you make any change to your business name, address, telephone number, products and services or legal status, you must promptly update these details immediately on your Business Profile Page to ensure our operators supply existing and prospective customers you’re most recent and correct business details.
Please also see our Advertising Terms and Conditions PRINTED, Condition of Use and Privacy Policy.
