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User Agreement

Terms & Conditions Introduction Please read these Terms and Conditions carefully before using this website operated by Netbasic Limited ('Netbasic'). In particular, we draw your attention to the paragraphs headed "Applicability of online materials" and "Liability". Without prejudice to the above, by using or accessing our website, you agree to be legally bound by these Terms and Conditions of use as they apply to your use of or access to our website. Nature of our Website Our website matches Advertisers with Publishers to facilitate the purchase of website real estate for the purpose of online advertising ('the services'). Using Services on our Website To use a service you will need to follow the procedures set out on the relevant page. Details of the prices for the services, and the procedures for payment and delivery are displayed on or through our website. The price of any service is the price in force at the date and time of your order. The price of any service may change before you place an order. We will inform you if a service's correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the service at the correct price. You undertake that all details you provide to us for the purpose of purchasing services which may be offered by us on our website will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any services. We reserve the right to obtain validation of your credit or debit card details before providing you with any services. Netbasic Services for Advertisers Where you are using this site as an Advertiser the provisions of this paragraph shall apply in addition to the other provisions of these Terms and Conditions: You must pay for the services you order by credit or debit card at the time of the order, at which time you will be notified of the current price. Netbasic is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means ('Confirmation') to the e-mail address you have given us on ordering. Netbasic will endeavour to supply the services as soon as possible after Confirmation and you expressly agree to the supply of services immediately after Confirmation. Once Netbasic has started the supply of services to you you will not have any right to cancel your order. Netbasic will use its reasonable endeavours to find suitable Publishers to publish your advertisement and to monitor the availability of your advertisement on the Publisher's website. Netbasic will use its reasonable endeavours to ensure that such advertisements as are placed by you are available on the Publisher's website for at least 21 days in any calendar month. You warrant to Netbasic that the advertisements and data you pass to it for placing with Publishers do not infringe the rights of any third party and are not obscene or offensive in any way and that such advertisements and data are legal, decent, honest and truthful and comply with the British Codes of Advertising and Sales Promotion, with any relevant codes of practice and with the requirements of current legislation. You warrant to Netbasic that all software and data you pass to it is free from defects and contains no virus, trojan-horse, spyware or any other form of malicious or harmful software. To the extent that any advertisement or data you pass to Netbasic does not comply with the requirements set out in these terms and conditions you agree to indemnify Netbasic from and against all claims, actions, liabilities, demands, costs, losses, damages and expenses (including legal expenses of whatsoever nature) arising directly or indirectly therefrom. Netbasic will provide you with a monthly report containing, at the minimum, confirmation of the number of impressions on each published advertisement. Netbasic Services for Publishers Where you are using this site as a Publisher the provisions of this paragraph shall apply in addition to the other provisions of these Terms and Conditions You agree to use your best endeavours to ensure that your website and all advertisements passed to you by Netbasic for display on your website, will be available and accessible without interruption for no less than 21 days in every calendar month. Your entitlement to payment will only arise at the end of each complete month in which you have hosted advertisements on your website in accordance with this paragraph and these terms and conditions. You will not be entitled to payment for hosting advertisements for part only of a month. You agree to maintain your website in its current form, content and format and to notify Netbasic immediately of any significant changes to the form, content and format of your website. You further agree to ensure that your website does not contain any obscene, offensive or defamatory material. You agree, and it is a condition of the agreement between us, that you ensure that your website is, at all times, accessible directly from the internet (for Netbasic’s purposes this means your website pages must not be behind any form of redirect and must return a ‘200’ status access code – if any pages of your website return an access status other than ‘200’ Netbasic will consider you to be in breach of this agreement and you will not be entitled to payment for any advertisements hosted on your website). You agree to display only one Matched advertisement per webpage. If more than one advertisement appears on any given page, you will be in breach of this agreement and will not be entitled to payment for any advertisements hosted on your website. You agree not to alter the advertisement(s) sent to you by Netbasic and to display such advertisement(s) on the website page(s) specified by Netbasic without any alteration whatsoever (with the exception of whitespace which may be added or removed). Netbasic may at its sole discretion disable any advertisements supplied by it to you and terminate this agreement if you do, in Netbasic’s opinion, change your website from its current form, content or format, or if your website contains anything which Netbasic considers to be obscene, offensive, or defamatory. Netbasic is not the creator of advertisments sent to you and as such gives no warranty that any advertisement, data or software it passes to you is free from defects or that it contains no virus, trojan-horse, spyware or any other form of malicious or harmful software. Netbasic is not the creator of advertisments sent to you and as such gives no warranty that any advertisement, data or software it passes to you does not infringe the rights of any third party and is not obscene or offensive in any way nor that such advertisements and data are legal, decent, honest and truthful and comply with the British Codes of Advertising and Sales Promotion, with any relevant codes of practice and with the requirements of current legislation. Subject to your compliance with these terms and conditions and in particular with this paragraph Netbasic will send you self-billing invoices. It is a condition of these terms that you agree to Netbasic issuing self billing invoices and accordingly you agree: 1. to accept invoices raised by Netbasic or on its behalf for a period of 12 months from the date you accept these terms and conditions; 2. not to raise sales invoices for the transactions covered by these terms and conditions; 3. to notify Netbasic immediately if you * Become VAT registered or change your VAT number; * Cease to be VAT registered; or * Sell your business or part of your business. In return Netbasic agrees: 1. to issue self-billed invoices for all supplies made to it by you until 12 months from the date you accept these terms and conditions; 2. to complete self-billed invoices showing your name, address, and VAT registration number, together with all other details which constitute a full VAT invoice. 3. to enter into a new self-billing agreement in the event that your VAT registration number changes; 4. to inform you if the issue of self-billed invoices will be outsourced to a third party. If the VAT details you provide to Netbasic cannot be verified then any payments due to you will be withheld until Netbasic is able to verify that your VAT details are correct. If Netbasic cannot verify your VAT details it will contact you to confirm your correct details. Netbasic will issue self-billing invoices 15 days after the end of each full month in which you have hosted advertisements and will pay each self-billing invoice issued by it on the 15th day of every month or the first working day thereafter. Your receipt of the payment due to you may take up to seven working days from this date. In the event that the bank details you provide to Netbasic are incorrect and payment does not reach you, Netbasic will endeavour to contact you to confirm your correct bank details. In such circumstances payments to you will be delayed. Netbasic Services for Affiliates Where you are using this site as an Affiliate the provisions of this paragraph shall apply in addition to the other provisions of these Terms and Conditions. Netbasic agrees to pay you for each new successful Publisher you refer to it. For the purposes of these terms and conditions a new Publisher is a Publisher that has not, at any time, hosted an advertisement on behalf of Netbasic either on its own website or any website associated with it. A successful Publisher is a Publisher who hosts an advertisement provided to it by Netbasic in accordance with these terms and conditions and which ensures that such advertisement is available and accessible without interruption for no less than 21 days in every calendar month. Subject to your compliance with these terms and conditions and in particular with this paragraph Netbasic will send you self-billing invoices. It is a condition of these terms that you agree to Netbasic issuing self billing invoices and accordingly you agree: 1. to accept invoices raised by Netbasic or on its behalf for a period of 12 months from the date you accept these terms and conditions; 2. not to raise sales invoices for the transactions covered by these terms and conditions; 3. to notify Netbasic immediately if you * Become VAT registered or change your VAT number; * Cease to be VAT registered; or * Sell your business or part of your business. In return Netbasic agrees: 1. to issue self-billed invoices for all supplies made to it by you until 12 months from the date you accept these terms and conditions; 2. to complete self-billed invoices showing your name, address, and VAT registration number, together with all other details which constitute a full VAT invoice. 3. to enter into a new self-billing agreement in the event that your VAT registration number changes; 4. to inform you if the issue of self-billed invoices will be outsourced to a third party. If the VAT details you provide to Netbasic cannot be verified then any payments due to you will be withheld until Netbasic is able to verify that your VAT details are correct. If Netbasic cannot verify your VAT details it will contact you to confirm your correct details. Netbasic will issue self-billing invoices 15 days after the end of each month in which the Publisher referred by you has successfully hosted advertisements and will pay each self-billing invoice issued by it on the 15th day of every month or the first working day thereafter. Your receipt of the payment due to you may take up to seven working days from this date. In the event that the bank details you provide to Netbasic are incorrect and payment does not reach you, Netbasic will endeavour to contact you to confirm your correct bank details. In such circumstances payments to you will be delayed. Modifications to Website We reserve the right to alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless stated otherwise, any new features including new content, shall be subject to these Terms and Conditions. Information you Provide The following applies to any information you provide to us, for example during any registration or ordering process: * you authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us or our sub-contractors. If you obtain or choose to buy or provide services through our website then we may collect information about you and if you send us personal correspondence such as e-mails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and all in our privacy policy shall be known as 'the Purposes'). All such information collected by us shall be referred to in these Terms and Conditions as 'Personal Information'; * you must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy. Processing and disclosure rights By accepting these Terms and Conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our website, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should e-mail us at info@matched.co.uk. Security You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify Netbasic immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention. Applicability of Online Materials No Copying You may not download, print or store any such material or send or show any copy thereof to anyone who is not a fellow employee or a member of your immediate family or friends. In the event of any breach of this term: 1. you will be liable to indemnify Netbasic and any of its suppliers against any damage (including costs on an indemnity basis) which they or any of them may suffer as a result of such breach; and 2. You may be denied any further use of our website. Third Party Materials Our website is controlled and operated by us from our offices in Fareham, Hampshire. Where content published on the website is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to services you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it. Compliance with Law We have used our best endeavours to ensure that our website complies with UK law. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Exclusion of Warranties Netbasic makes no warranties, express or implied that making the services available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the services or any part of them available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those services are not offered for to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to use the services. Netbasic accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the use or attempted use of the services by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries. Copyright and Monitoring The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Netbasic or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with Netbasic or using our website as an advertising resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire. Linking Linked Sites Netbasic makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from Netbasic and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that Netbasic endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master. No Linking to or Extraction of Data Any linking to, deep linking to, or extraction from the matched.co.uk site without the written consent of Netbasic is strictly prohibited. Availability of our Website We will try to make our website available but cannot guarantee that our website willl operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device. Liability Warranties All express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the services, our website or any information or service provided through our website are strictly excluded. We will do our best to ensure that all materials and information published on our website are accurate, but please note that all materials and information on our website are provided on an 'as is' basis. Exclusion of Liability In relation to the use of services, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of using services, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Netbasic or our servants, agents or any other person. Limit of Liability If we are liable to you for any reason, our liability will be limited to the amount paid by you for the service concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence. User's Responsibilities You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. Legal Limitations The limitations and exclusions in this clause only apply to the extent permitted by applicable law. General Alterations We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly. Entire Agreement These Terms and Conditions together with the seller’s terms and conditions, any order form and payment method instructions, if any, are your whole agreement in relation to Netbasic and any service and you understand that any agreement to order or use services from or through our website will be an agreement between you and Netbasic. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by Netbasic or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the relevant terms and conditions, order form and payment method instructions. Illegality If any provision or term of these Terms and Conditions shall become or be declared illegal, unlawful, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them. Jurisdiction These Terms and Conditions and your use of our website are governed by English law and you submit to the exclusive jurisdiction of the English courts. Causes beyond Control Neither you nor Netbasic will be held liable for any failure to perform any obligation to the other due to causes beyond your or Netbasic's respective reasonable control. No Waiver Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy. Notices All notices shall be given: * to us via e-mail at [info@matched.co.uk]; or * to you at either the e-mail or postal address you provide during any ordering process. Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting. Complaints If you have any complaints, you should direct them to us via e-mail at 'info@matched.co.uk' or by post to Netbasic Limited, 9 Funtley Court Funtley Hill, Fareham, Hampshire, PO16 7UY. Replacement These terms and conditions replace all other Terms and Conditions previously applicable to the use of our website.

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