Terms and Conditions of Contract

The Contract is between iTouch Worldwide (iTW) of Quay West, Trafford Wharf Road, Manchester M17 1HH "the
Company" and the person or company who verbally or in writing agrees to advertise on a touch screen kiosk hereinafter referred to as "the Advertiser".
 
 
Whereas
 
A.    The Company installs Touchscreen Information Kiosks (the "Kiosk") within hotels providing guests with information on surrounding amenities and services.
 
B.    The Advertiser wishes to place an advertisement on the Kiosk in a hotel (the "Location") on the terms and conditions outlined in this agreement.
 
C.    By using the services of the Company the Advertisers acknowledges that it has read, understood and agrees to be bound by the terms and conditions set out below.
 
Both parties agree that:-
 
(1)    The Advertiser shall place an advertisement on the Kiosk as outlined in this agreement for a minimum 12 month term commencing upon receipt and clearance of the initial deposit set up fee and production of artwork.
 
(2)    The Advertisement featured is not subject to cancellation and any deposit paid is non-refundable.
 
(3)    The Advertiser agrees to make all payments as described including but not limited to where the Advertiser opts for the Easy Payment Option and pays by standing order.
 
(4)    The Advertiser agrees that if any payment of an installment is not made on the due date then the whole of the balance outstanding under this agreement shall immediately become payable plus any costs of collection. Additionally the Company shall be entitled to charge the Advertiser interest at over the base rate of Barclays Bank.
 
(5)    The Advertiser agrees to supply copy to the Company. Advertisement copy shall be accurate, legal, decent, honest and truthful; shall comply with the British Code of Advertising Practice and all other Codes under the general supervision of the Adverising Standards Authority. If no copy is supplied by the Advertiser then the Company reserves the rights to produce an advertisement from the Advertisers web site or other similar marketing material in a style and manner that it feels is appropriate for the Kiosk.
 
(6)    The production of an advertisement by the Company does not constitute endorsement of the Advertiser, its products or services.
 
(7)    The Company shall produce an artwork proof for the Advertiser prior to featuring the advertisement on the Kiosk. The Advertiser shall have 14 days in which to alter or amend the copy of the advertisement, after which time the advertisement shall be produced and uploaded onto software and featured on the Kiosk at the Location as the Company deems appropriate and the Company does not accept responsibility for any loss or damage caused by an error, inaccuracy or omission in the publication of the advertisement. All deadlines set by the Company for the return of an artwork proof by the Advertiser shall be binding. The Company reserves the right to publish the most approprate copy should copy instructions not be received by the stipulated time.
 
(8)    The Company agrees to feature the advertisement for a minimum period of 12 months on the Kiosk at the Location. The Company reserves the right to alter the Location of the Kiosk at any time, but will ensure that a similar location is provided should this be deemed necessary.
 
(9)    The Company agrees to refund the Advertiser that proportion of the amounts paid should it not be able to continue the advert on the Kiosk or similar Kiosk or if the advertising is disrupted for whatever reason. If the Company shall be liable for the non-display of an advertisement the Company's liability shall not exceed the price for display of that advertisement as outlined in this Agreement.
 
(10)    The Company reserves the right to change its own product name in the manner and form it considers appropriate.
 
(11)    The Advertiser agrees to indemnify the Company as a result of legal actions or threatened legal action arising from the publication of the advertisement, published in accordance wih the copy instructions supplied to the Company by the Advertiser.
 
(12)    The Company reserves the right to publish the Advertiser's advertisement on any of its other Kiosks at any other location.
 
(13)    The Company is irrevocably authorized as agent for the Advertiser to complete the Bankers Order Mandate with the name and account details of the Advertisers bank and to present that order for payment in addition to completing all payments, frequency, account and payee details and any relevant information the Company may only use to secure payments of monies already due or monies that may become due and payable under this agreement.
 
General
 
This agreement represents the entire understanding between the two parties. No other prior arrangements, representations or understandings, orally or in writing shall have any validity.
 
If payment of any amount including any installment is not made on the due date then the Company has the right to withdraw the advertisement from the Kiosk. The Advertiser shall still remain liable for the full contractual value outstanding under this agreement.
 
Any notice to be given under this agreement shall be in writing unless the parties mutually agree otherwise and shall be deemed to be effectively served if sent by first class post to the Advertiser at the address specified on this agreement and to the Company at the address stated on this agreement.
 
Neither party shall be deemed to be in breach of this Agreement for any failure in performance caused by any matter or event outside of their reasonable control, to include act of god, inclement weather, storm, flood, drought, lightning, fire, power failure, shortage of power, disturbance to power supplies, strikes, military operations or riots.
 
These Terms and Conditions shall be governed by English Law and the parties submit to the exclusive jurisdiction of the Courts of England .
 
iTouch Worldwide, Quay West, Trafford Wharf Road, Manchester M17 1HH
Company Registration No: 6067747