1 DEFINITIONS
1.1 "Advertiser" means the business which agrees with Holiday Properties Direct to use these web facilities for advertising
1.2 "Contract" means the contract between Holiday Properties Direct and the Advertiser for the provision of Holiday lettings and /or goods and/or services, incorporating these Terms and Conditions;
1.3 "Holiday lettings and /or goods and/or services" means the holiday lettings and /or goods and/or services that the Advertiser agrees to sell through Holiday Properties Direct; for an advertising fee to Holiday Properties Direct.
1.4 Holiday Properties Direct means Holiday Properties Direct Ltd of The Haddons, West Haddon Road, Ravensthorpe, Northamptonshire NN6 8ET (Reg no 05513332). Telephone 00 44 (0)1604 770975. Fax 00 44 (0)1604 771075 that owns and operates www.holidaypropertiesdirect.com
1.5 "Terms and Conditions" means the terms and conditions for the provision of Holiday lettings and /or goods and/or services set out in this agreement and any special terms and conditions agreed in writing by Holiday Properties Direct.
1.6 "Website" means this website

2 CONDITIONS
2.1 These Terms and Conditions shall apply to all contracts for the advertising on this website between Holiday Properties Direct and the Advertiser and shall prevail over any other documentation or communication from the Advertiser.
2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Holiday Properties Direct.
2.3 Any complaints should be addressed to Holiday Properties Direct's address stated in clause 1.4.

3 ORDERING
3.1 All orders for advertising shall be deemed to be an offer to Holiday Lettings Direct Limited by the Advertiser to purchase from us advertising services pursuant to these Terms and Conditions and are subject to acceptance by us and we may choose not to accept an order for any reason. Only one property unit should be represented in an advertisement unless we have agreed otherwise and an extra fee would be charged per property. We reserve the right to amend any property adverts not adhering to this policy.
3.2 When making an advertising order to display goods/holiday lettings and /or goods and/or services through the Website, the technical steps the Advertiser needs to take to complete the order process are described in the Order Process section within this website.
3.3 Advertisers are responsible for keeping their property availability accurate and up to date. The availability calendar can be maintained by the Advertiser via its online password protected administration area and it will compensate us on an indemnity basis for any claims agains us or losses suffered by us as a result of any misdescription or breach of these conditions.
3.4 We reserve the final right to determine the final design layout of all parts of this website (including the Advertiser's online password protected area) and reserve the right to amend and edit copy entered on to the online database by the Advertiser. We are not to be held liable for any loss or damage resulting from the design or positioning of the properties or changes made to the photographs and copy submitted by the Advertiser.

4 PRICE AND PAYMENT
4.1 The price to an Advertiser shall be that stipulated on the Website. The price is inclusive of VAT.
4.2 The total purchase price, including VAT as appropriate, will be displayed on our acknowledgement to a Advertiser when confirming the order.
4.3 After the order is received from an Advertiser, we shall confirm to the Advertiser the details, description and price for the advertising and whether the Buyer's order is accepted.
4.4 Payment of the price to Holiday Properties Direct for the advertising contract must be made within 14 days. Payment must be made without deduction or set-off. Payment for advertising may be in British Pounds or major credit or debit cards, or a cheque on a UK bank in British Pounds. Payment by credit or debit card will be processed either online or by telephone by our online card payment provider [ ]. Should an Advertiser not have the ability to make payment by card, a cheque should be sent to Holiday Properties Direct Limited of The Haddons, West Haddon Road, Ravensthorpe, Northamptonshire NN6 8ET. Make cheques payable to Holiday Properties Direct. In the case of cheque payments, Advertisers should ensure that a cheque is sent, to arrive with us no later than 10 working days from the date of registration of a property. We reserve the right to withhold or remove property advertisements should payment not be received within this timeframe.
4.5 If any payment for an original or renewal advertising contract is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue. If payment is not made within 30 days any outstanding invoices will attract interest at the rate of 2% above base rate. If payment has not been received within 45 days, Holiday Properties Direct reserves the right to suspend the Advertiser's account for all advertising for that Advertiser.

5 PERFORMANCE
5.1 Holiday Properties Direct shall begin to perform the advertising services within 14 days after the date of Registration.
5.2 We shall perform the advertising services with reasonable skill and care. However, where applicable, Holiday Properties Direct does not guarantee that this website will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Holiday lettings and /or goods and/or services advertised by the Advertiser will be complete, accurate, secure, up to date, received or delivered correctly or at all. Holiday Properties Direct may have to suspend the website for repair, maintenance or improvement. If so, Holiday Properties Direct will restore it as quickly as is reasonably possible.
5.3 The advertising contract is subject to an initial contract period of 12 months and shall continue thereafter on a yearly basis unless and until terminated on 30 days notice at any time by either side, without needing to give cause.
5.4 We may suspend or terminate this agreement (as regards some or all of the advertising) immediately on written notice, if the Advertiser breaches any term of this agreement, and any payment due remains payable and, if already paid, will be non-refundable.
5.5 If the Advertiser wishes to have its property page removed from this website before the end of its subscription, this will be done as soon as we receive formal notice from the Advertiser quoting their owner ID, property number and password but no refund will be made.

6 RIGHTS RESERVED
6.1 Holiday Properties Direct reserves the right periodically to update prices for the advertising service , which cannot be guaranteed for any period of time after the agree prepayment period.
6.2 Holiday Properties Direct reserves the right to withdraw the advertising from the Website at any time if Holiday Properties Direct considers in its discretion that any material of the Advertiser is inappropriate for the content of this website.
6.3 Holiday Properties Direct shall not be liable to anyone for withdrawing the advertising from the Website or for refusing to process an order.

7 LEGAL CAPACITY AND AUTHORITY
7.1 The Buyer will be asked when placing an order to declare that they have full legal capacity and authority to enter into a contract with the Seller. If the Seller discovers that the Buyer has not the legal capacity or authority, the Seller shall be entitled to refuse to accept the order immediately or to cancel the purported contract without liability.

8 LIMITATION OF LIABILITY
8.1 In the event of any breach of these Terms and Conditions by Holiday Properties Direct, the remedies of the Advertiser shall be limited to damages which shall in no circumstances exceed the price of the sums paid to us in the previous 12 months for the contract claimed under, and Holiday Properties Direct shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
8.2 Nothing in these Terms and Conditions shall exclude or limit the liability of Holiday Properties Direct for death or personal injury resulting from the negligence or default of Holiday Properties Direct or that of Holiday Properties Direct's agents or employees.

9 WAIVER
No waiver by Holiday Properties Direct (whether express or implied) in enforcing any of its rights under this agreement shall prejudice our rights to do so in the future.

10 FORCE MAJEURE
We shall not be liable for any delay or failure to perform any of our obligations to the Advertiser if the delay or failure results from events or circumstances outside our reasonable control, and we shall be entitled to a reasonable extension of its obligations.

11 WEBSITE CONTENT AND ACCEPTABLE USE POLICY
11.1 Holiday Properties Direct Limited may in our sole discretion refuse to put on to the Advertiser's online password protected area of this website (or allow to stay on it) or to deal with any material which in our sole opinion contains anything which might result in civil or criminal proceedings, or which we are prevented from completing as a result of action (at law or otherwise) by any third party, or which in our opinion is morally repugnant or may cause offence to any person or any section of any community. We may in any of these circumstances coming to our notice, or if the Advertiser is in breach of our Acceptable Use policy, immediately terminate this contract and we shall not be liable to pay any compensation or other monies to the Advertiser, however arising, in respect of such termination. In any such circumstances, the Advertiser will compensate us on an indemnity basis for any losses suffered by us.
11.2 The Advertiser shall compensate us on an indemnity basis against all claims, actions, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of the Advertisers breach or non-observance of any of its obligations to us, and in respect of any such losses arising out of any legal action taken or threatened as a result of any matter alleged to be defamatory, or an infringement of copyright or other material supplied, prepared or approved by the Advertiser. This obligation remains in force even after termination of the contract.
11.3 If the Advertiser puts on to the Advertiser's online password protected area of this website any material (including, but not limited to alleged libellous or slanderous material, or breach of intellectual property rights) which is the subject of dispute between us and the Advertiser, or between the Advertiser and any other party, then the Advertiser will on written demand by us forthwith remove (or allow us to remove) without compensation to the Advertiser such material from the Advertiser's online password protected area of this website pending determination of the dispute and will compensate us on an indemnity basis for any loss suffered by us. We may shut off access by the Advertiser to this website without compensation to the Advertiser, if the Advertiser fails to allow us to remove such material immediately.
11.4 The Advertiser will use the Advertiser's online password protected area of this website only for lawful purposes and will promptly inform us if this has been or may have been breached. In particular, . the Advertiser will not use our server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will the Advertiser authorise or permit any other person to do so. . the Advertiser will not upload, post, link to or transmit any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way, any material containing a virus or other hostile computer program, any material which constitutes, or may encourage the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction, or any material which is forbidden by our Acceptable Use Policy which is set out in this Agreement and if we discover that any such material is on a linked website owned or directly or indirectly controlled by the Advertiser, then we may shut off any link from this website to such other website forthwith, without compensation to the Advertiser. . The Advertiser is solely responsible for all copyright and other intellectual property rights aspects of readable content supplied to us for inclusion in this website and it warrants that it has free and unrestricted right to use all such material. . The Advertiser is responsible for updating his lettings availability on the Advertiser's online password protected area of this website and will compensate us on an indemnity basis for any losses or claims that we may suffer or be subject to, if the Advertiser fails to keep it up to date. . The Advertiser is responsible for ensuring a proper description of the holiday lettings / goods / services on the Advertiser's online password protected area of this website and will compensate us on an indemnity basis for any losses or claims that we may suffer or be subject to, if the Advertiser fails to keep it up to date and accurate.
11.5 We reserve the right at our discretion to prohibit any link from another Internet site or equivalent entity to materials or information on this site. Without prejudice to that, any link to material or information on the Advertiser's online password protected area of this site must be neither misleading nor deceptive and must fairly indicate this website as the destination of the link.

12 COPYRIGHT OWNERSHIP
12.1 Copyright and other intellectual property rights in all design and infrastructure works undertaken by or for us in relation to the website shall not pass to the Advertiser. For the avoidance of doubt, copyright and other intellectual property rights in all meta-tags, driver pages, designs, images, text and coding utilised in the preparation of this website, shall not pass to the Advertiser and the Advertiser accepts that no copying or reproduction of the same by any means is permitted, and undertakes not to breach the owner's copyright. The Advertiser accepts that if we exercise our right to cancel this agreement, this may result in the shut-down of the Advertiser's part of this website. Copyright in images and text provided by the Advertiser, will stay with the Advertiser in its original state only. The Advertiser shall not remove or alter our copyright or other proprietary notice on the website. It shall notify us immediately if it becomes aware of any breach or possible breach of our copyright or other intellectual property rights in this website and will take all such other steps as shall from time to time be necessary to protect intellectual property rights in the website and in the website's domain name.

13 VIRUSES, WORMS, TROJAN HORSES AND OTHER POTENTIALLY DESTRUCTIVE PROGRAMS
13.1 The Advertiser assumes full responsibility for the protection of its computer system including computer hardware and software, stored data on its computer system and the stored data and computer systems including hardware and software of third parties who may access or be otherwise connected to our computer system. The Advertiser assumes full responsibility for ensuring that text or other data down-loaded by it electronically into this website are free from viruses, worms, Trojan horses or other items of a destructive nature and that text or other data down-loaded by it electronically from this website into their own or other websites are free from viruses, worms, Trojan horses or other items of a destructive nature.

14 NETWORK SECURITY
14.1 The Advertiser may not use our network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for it, logging into a server or account the Advertiser is not expressly authorised to access, password cracking, probing the security of other networks in search of weakness, or violation or any other organisation's security policy. The Advertiser may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Advertisers who violate system or network security may incur criminal or civil liability.

15 DATA INTEGRITY
15.1 We make no commitment that we will maintain backup copies of the Advertiser's data. We therefore recommend that the Advertiser makes its own periodic copies of data. The Advertiser should also make its own website recovery plans in case it is affected by system or component failure.

16 DATA PROTECTION
16.1 The Advertiser and Holiday Properties Direct Limited each undertake to the other to comply with the provisions of the Data Protection Act 1998 and any related legislation insofar as the same relates to its respective obligations. All data passed on the Internet via browsers is insecure unless encrypted on a Secure Socket Layer (SSL) and it is the Advertiser's responsibility to request additional protection for its data. If we install security measures such as data encryption, firewalls etc to protect sensitive data when requested by the Advertiser, these do not represent any form of guaranteed protection.

17 ACCEPTABLE USE POLICY
17.1 We have the right to discontinue service, or deny access to anyone who violates our Policies or our terms and conditions WITHOUT WARNING OR PRIOR NOTICE. No refunds will be made, if account termination is due to violation of our Acceptable Use policy. The Internet is a powerful information and entertainment tool. We expect our Advertisers to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Our Acceptable Use policy is actively and strictly enforced and at its discretion this includes the right for us to terminate the advertising contract. Offending content or users are removed from our server, usually as soon as they are discovered, although we will always inform the Advertiser when any action has been taken. Common sense is the best guide as to what is considered Acceptable Use. The following are included in Unacceptable Uses.
. Illegality in any form, including but not limited to the unauthorised distribution or copying of copyrighted software or other data, harassment, fraud, or trafficking in obscene material.
. Certain types of undesirable content are not permitted on our server. We do not host 'adult' content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed.
. Anything else determined by us to be unacceptable use of our services including abuse of server resources.
. Network Abuse
. If the website contains or has links to any of the following content:
1. Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity
2. Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual
3. Displaying material containing obscene nudity or pornographic material
4. Displaying material that exploits persons under 18 years of age
5. Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
6. Warez sites.
. Any attempt to undermine or cause harm to a server, or third parties. If there is unauthorized use of other people's accounts or computers, we will act on any attempted use of an Internet account or computer without your authorisation. Such attempts include "Internet scamming" (obtaining passwords by deception), password robbery and security hole scanning.
. Any unauthorized use of accounts or computers by the Advertiser, whether or not the attacked account or computer belongs to us. This will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action.
. If the Advertiser is unsure about the content that it intends to place on our website, it must check with us before it does so. We reserve the sole right to determine what constitutes Acceptable Use.

18 CHANGES TO TERMS AND CONDITIONS
Holiday Properties Direct shall be entitled to alter these Terms and Conditions at any time on not less than 30 days written notice to the Advertiser which has 30 days from the date of receipt of the notice to cancel the contract with Holiday Properties Direct, otherwise the changes are deemed as accepted. Any renewal of the advertising contract will be subject to our then current Terms and Conditions.

19 APPLICABLE LAW AND JURISDICTION
The jurisdiction and law applicable to this contract is that of England & Wales.