Terms and Conditions
- In these terms and conditions "MediaTel" means
MediaTel Limited, "AAR" means AAR Limited and/or any member of the AAR Group,
"aarnewbizmoves" means newbizmoves Ltd, the "Client" means the client who wishes to
receive the Service and "Service" means the aarnewbizmoves service consisting of
information on brands and agency accounts provided by the AAR and made available
to the Client via the world wide web.
- These terms and conditions and any operating
rules published over the Service constitute the entire agreement and
understanding between aarnewbizmoves and the Client regarding the Service and shall
supersede all other terms or representations all of which are hereby
- Upon notice in writing to the Client or
published over the Service aarnewbizmoves may modify these terms and conditions and
aarnewbizmoves may at any time discontinue or revise any or all aspects of the
Service at its sole discretion and without prior notice.
- The Client is responsible for and must provide
all telephone, computer and other equipment and software necessary to access the
Service and aarnewbizmoves cannot accept any responsibility for the performance and
operation of such equipment and software which shall be the sole responsibility
of the Client and shall not affect the Client's liability to pay for the
- Where the Client uses any world wide web
browser or other software to access the Service the Client shall ensure that it
is properly licensed to use such software and agrees to indemnify aarnewbizmoves
against any liability for any and all use by the Client of such
- The fees for the Service shall be based on and
calculated in accordance with the rates from time to time published by
aarnewbizmoves and notified to the Client.
- Fees for access to the Service shall normally
be invoiced by aarnewbizmoves on the first day of each annual period and are due
within 28 days from the date of invoice. Value Added Tax shall be added to all
fees at the rate applicable and shall be payable by the Client.
- The fees payable for access to the Service may
be subject to periodic adjustment by aarnewbizmoves and any such adjustment shall
be notified by aarnewbizmoves to the Client in writing on not less than 90 days
- If any payment due hereunder is not made by the
Client with 28 days after the date of invoice, aarnewbizmoves shall be entitled to
charge interest in addition at a rate of 1% per month, from the date payment
was due until the date payment is received.
- The Client expressly agrees that the use
of the Service, which includes the contents thereof, and any storage of or use
of information is at the Client?s sole risk. Neither aarnewbizmoves nor any of its
information providers, licensors, employees or agents warrants that the Service
will be uninterrupted or error free, nor does aarnewbizmoves or any of its
information providers, licensors, employees or agents make any warranty as to
the results to be obtained from the use of the Service, save as expressly
implied by law and incapable of exclusion. The Service is distributed on an "as
is" basis, without any warranties of any kind either expressed or implied.
aarnewbizmoves shall not be liable for any direct or indirect, special or
consequential damages arising out of the use of the Service or inability to use
the Service and in any circumstances the liability of aarnewbizmoves shall not
exceed in aggregate the amount of the fees charged to and paid by the Client for
the Service in any one year.
- Nothing in these terms and conditions shall be
construed as preventing aarnewbizmoves from supplying the Service to persons other
than the Client.
- Copyright and all data provided to the Client
in the course of the Service shall, at all times belong to MediaTel, AAR or the
third party providing such information. The Client may not re-produce,
re-distribute, re-transmit, publish or otherwise transfer or distribute such
information which they receive through the Service without aarnewbizmoves? express
- Any interruption, failure or delay in the
provision of the Service as a result of circumstances beyond the reasonable
control of aarnewbizmoves shall not constitute a breach of this agreement.
- Notwithstanding any acknowledgement of a
Client purchase order by aarnewbizmoves any provision or condition in any purchase
order or other document received from the Client which is inconsistent with a
provision of these terms and conditions shall be void and the parties agreed
that these terms and conditions shall prevail. No course of conduct between the
parties shall act to modify the provisions of these terms and
- The Client shall not be entitled to assign
this agreement nor any of its rights or obligations hereunder, nor sub-licence
the use of the Service without the prior consent of aarnewbizmoves.
- These terms and conditions shall be binding
upon and for the benefit of the successors in title of the parties
- If any provision of these terms and conditions
should be found by any court or other body of competent jurisdiction to be
invalid or unenforceable the invalidity or enforceability of such provisions
shall not affect the other provisions and all provisions not affected shall
remain in full force and effect. The parties agree to attempt to substitute for
any invalid or unenforceable provision a valid or enforceable provision which
achieves to the greatest extent possible, the economic, legal and commercial
objectives of the invalid or unenforceable provision.
- The Service may be terminated either:
- by the Client giving aarnewbizmoves not less than 3 months written notice taking effect at any time on or after the expiry of the first anniversary of the commencement of the Service.
- forthwith by aarnewbizmoves if the client fails to pay any sums owing to aarnewbizmoves within 28 days of the due date therefor.
- forthwith by either party if the other commits any material breach of these terms and conditions which (in the case of a breach capable of being remedied) shall not have been remedied within 30 days of a written request to remedy the same.
- forthwith by either party if the other becomes insolvent or makes any composition or arrangement with its creditors.
- The Client shall, at all times, ensure that
any password and/or access code required to access the Service shall not be
publicly disclosed and shall immediately aarnewbizmoves if the Client becomes aware
that unauthorised disclosure has taken place.
- Any notice required to be served under these
terms and conditions shall be served in writing to the last notified address of
the relevant party.
- These terms and conditions shall be governed
by and construed in accordance with English law and the Client agrees to submit
to the exclusive jurisdiction of the English