Website Use Terms & Conditions
Welcome to Home&Build.
This page tells you the terms on which you may use our website www.homeandbuild.co.uk, whether as a registered user or guest. Please read carefully before use.
By using the site, you accept the terms and agree to obey them. If you don't accept them, please don't use the site.
Who We Are
www.homeandbuild.co.uk is operated by Zinc Communicate Productions Ltd, a UK Limited company registered in England under company number 03136090.
Some important details about us:
Our registered office is: Kings House, Royal Court, Brook Street, Macclesfield, Cheshire, SK11 7AE
Our trading office is: Kings House, Royal Court, Brook Street, Macclesfield, Cheshire, SK11 7AE
Our VAT number is: GB 480722939
Our trading name is: Building Control Communications
Use of the Site
You have permission for temporary use of the site, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.
You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).
You agree to follow our acceptable use policy http://www.homeandbuild.co.uk/website-acceptable-use-policy.
If you allow anyone else to use our site, you must make sure that they read these terms first, and that they follow them.
Only use the site as allowed by law and these terms. If you don't, we may suspend your usage, or stop it completely.
We frequently update the site and make changes to it, but we don't have to do this, and material on the site may be out-of-date. No material on the site is intended to contain advice, and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on the site by anyone.
By using the site, you agree to us handling this information and confirm that data you provide is accurate.
Intellectual Property Rights
We are the owner or licensee of all intellectual property rights in the site (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.
You are allowed to print one copy and download extracts of any page on the site for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them.
If you breach these terms, you lose your right to use our site and must destroy or return any copies you have made.
Our Legal Responsibility to You
We do not guarantee the accuracy of material on our site. As far as legally possible, we exclude legal responsibility for the following:
- Any loss to you arising from the use of our site
- Loss of income, profit, business, data, contracts, goodwill or savings.
We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.
We don't exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
Uploading to our Site
If you contact other users of our site or upload material to it, you must follow our acceptable use policy, which sets out standards for usage. You can read this policy at http://www.homeandbuild.co.uk/website-acceptable-use-policy. You agree to reimburse us for any costs or expenses we incur as a result of any breach of this term.
Material that you upload will be regarded as non-confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity.
We won't be legally responsible to anybody for the accuracy of material that you upload to the site, and we can remove it at any time if we think it doesn't follow our acceptable use policy.
If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the site will end straightaway. We will report you to the relevant authorities and give them your identity.
Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.
You mustn't try to get access to our site or server or any connected database or make any 'attack' on the site. We won't be legally responsible to you for any damage from viruses or other harmful material that you pick up via our site.
Links to Our Site
You are allowed to make a legal link to our website's homepage from your website if the content on your site meets the standards of our acceptable use policy. We can end this permission at any time.
You mustn't suggest any endorsement by us or association with us unless we agree in writing.
Links From Our Site
Links from our site to other sites are only for information. We don't accept responsibility for other sites or any loss you suffer from using them.
We change these terms from time to time and you must check them for changes because they are binding on you.
- The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.
- All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings.
- Any dispute shall not affect the Parties' ongoing obligations under the Agreement.
- The English courts have the only right to hear claims related to our site, and all disputes are governed by English law.
Please email us at [email protected] to contact us about any issues.
In order to enable Building Control Communications to process this order on your behalf then please ensure that you have read and understood these Terms of Business and ensure that by entering into this contract you are in a position to comply fully with the requirements as an advertiser.
- All Advertiser materials for publication within this Media Package must be provided to Building Control Communications in accordance with the current technical requirements and its content must comply with the current guidelines of the Advertising Standards Authority.
- Building Control Communications reserves the right
- To position and/or to change the size of any advertisement unless such position or size is specifically agreed on this order.
- To reject, remove or suspend any advertisement or to modify the content/copy of the advertisement.
- To include an advertisement reference number on all artwork they publish or broadcast.
- The Advertiser warrants to Building Control Communications that
- It has all necessary rights in the advertisement and/or video and its contents.
- The advertisement and/or video do not contravene any law, regulation or code of practice nor infringe any rights of any third party.
- The advertisement complies with the Advertising Standards Authority's current code of practice and with all other requirements of any relevant authority.
- Whereby a video is supplied, it complies with the Advertising Standards Authority’s current codes including both non-broadcast and broadcast codes of practice. Building Control Communications assumes no liability for the content or images of the video.
- Insofar as the Advertiser requires any consent from any third party in connection with the advertisement and/or video and its contents, it has obtained all such consents.
- The Advertiser grants Building Control Communications a worldwide non-exclusive fully paid licence to use and reproduce and display the Advertiser materials including any artwork, video, trademarks, brand features and any other content contained in the advertisement.
- Building Control Communications accepts no liability for any movement in the date of publication. It is hereby agreed that any alteration of publication date will not constitute a breach of this contract.
- All original hard copy artwork provided by the Advertiser shall remain the property of the Advertiser and remain at the Advertiser's risk. Building Control Communications does not accept liability for any damage or loss whilst in its custody nor during transit.
- The Advertiser is solely responsible for supplying suitable copy (including any blocks or artwork which may be required to be reproduced) to Building Control Communications within fourteen days of this order or by a predefined date.
- Under the terms of this agreement the term ’publish’ refers to Building Control Communications’s methods of producing publications including but not limited to print, eBook, digital and social media formats.
- In the event of Building Control Communications not receiving video content in the correct format within fourteen days of this order, Building Control Communications reserve the right to print the advertisement without the video embedded; but the advertiser will remain liable for the full cost of the media package. In this circumstance, Building Control Communications will allow a period of fourteen days after the date of publication in which they will upload video content to a website and provide a hyperlink from the e-book. After this period, any video upload will be subject to a mandatory charge of one hundred and fifty pounds excl. VAT.
- In the event of Building Control Communications not receiving suitable advertising copy, Building Control Communications reserve the right to produce artwork on behalf of the Advertiser whereby the Advertiser will incur an artwork fee of a minimum of One Hundred and Fifty Pounds Excl VAT which will be payable to Building Control Communications within seven days of completing such artwork. In producing such artwork Building Control Communications will print either
- The name, address, telephone number and basic business category details of the Advertiser (if supplied), or
- A previous advertisement printed on behalf of the Advertiser by the Publisher, and in respect of any case, Building Control Communications will not be responsible for any error or omission arising therefrom.
- Other information, artwork or other material relating to the Advertiser which Building Control Communications is able to obtain from sources generally available to the public. In such circumstances, to the extent that the Advertiser shall own (or shall be deemed to own) intellectual property rights in such information, artistic/literary works or other material, the Advertiser shall be deemed to have granted to Building Control Communications a perpetual, irrevocable, royalty-free licence to reproduce such works and to exploit such intellectual property rights for the purposes of that particular publication only. The Advertiser in accepting these terms also agrees to indemnify Building Control Communications against all costs, expenses, damages, fees and penalties which Building Control Communications may incur or suffer as a result of the use of such publicly-available material.
- Building Control Communications excludes all warranties as to the quality, accuracy or performance for any particular purpose of our websites. Other than in respect of death or personal injury caused by its own negligence, Building Control Communications will not be liable for any damages arising as a result of the use of our websites. Building Control Communications makes no warranty that our websites or their contents are free from infection by viruses. Certain links on our websites may lead to resources located on servers maintained by third parties over which the Building Control Communications has no control and Building Control Communications accepts no liability in respect thereof.
- Building Control Communications shall not be liable for any loss in connection with the advertisements on the websites including any technical malfunction, computer error, a defect in software, loss of data or other damage or disruption to advertisements except to the extent to which it is unlawful to exclude such liability under the law applicable to this contract.
- Building Control Communications will periodically notify the advertiser of any sum(s) paid in error to Building Control Communications within 12 months of any such payment(s) being made. After 12 months of the date of such payment(s), Building Control Communications will not provide any further notification and will not be liable for any refund; instead, any sums will belong absolutely to Building Control Communications.
- If Building Control Communications fails to publish the advertisement in accordance with the terms of this agreement the sole liability of Building Control Communications to the Advertiser shall be limited to (at Building Control Communications’s option) either a refund of the fee or placement of the advertisement at a later time in a comparable position or publication. Furthermore, acceptance by the Publisher of this order is conditional upon either;
- permission being given by the Local Authority, for the advertisement (or any part thereof) to appear in the publication or
- sufficient numbers of Advertisers being obtained to complete the publication. If either condition is unfulfilled the Publisher will not accept any liability for damage or loss.
- The Advertiser shall indemnify and keep indemnified Building Control Communications against all expenses, damages and losses of any kind incurred by Building Control Communications in connection with any claim arising from the advertisement and/or video.
- Payment is strictly due in full within fourteen days of the date of invoice. Invoices are normally issued within fourteen days from the date of order.
- Building Control Communications reserves the right to charge a late payment fee in compliance with the Late Payment of Commercial Debts (Interest) Act 1998
- This agreement shall be governed by the laws of the United Kingdom and Ireland under the relevant jurisdiction of England and Wales, Northern Ireland, Scotland or Ireland.
Building Control Communications produces specific content for your sector. As a client of Building Control Communications, Building Control Communications would like to send you up to date news and analysis to keep you abreast of important information. If you would like to receive our newsletter, please click here to join our mailing list – you can unsubscribe at any time using the link provided on the newsletter.
Local Authority Terms and Conditions
In these Terms of Business, the following definitions apply:
“We”/”Us”/”Our” means Building Control Communications, a trading style of Zinc Communicate Publications Limited, a company registered in England at Kings House, Royal Court, Brook Street, Macclesfield, SK11 7AE, company number 03136090, VAT number is GB 480 722 939
“You”/”Your” means your Local Authority and their Local Building Control team
“Commencement Date” means the date You initially sign up to Our services
1. We offer Our services free of charge. Your participation is subject to the requirements detailed within these Terms of Business.
Use of Our Service
2.1 By using Our services, You agree and accept Our Terms of Business below:
a) You agree to the production of at least 1 (one) guide chosen from the range of guides we provide as minimum condition of a user of Our services.
b) For use solely in the publication and promotion of Your chosen produced guide(s)You agree to allow Us unrestricted use of Your local council logo, crest and/or any associated imagery , in the promotion of Our services.
c) You agree to provide Us with links to both the produced guides and downloadable PDF versions on the relevant building control pages of Your local area website and ensure these links always remain live and active during Your membership.
d) You agree to place links to the chosen guides in email footers of each local area building control manager in your local area where appropriate.
e) You agree to be responsible for the text and copy included within the guide, any edits and amends requested and how that information relates to the current building control requirements at any given time.
f) You agree to the creation and publication of a mutually agreed letter of authority designed to be used by Our sales team as part of the collateral for attracting advertising revenues.
g) You agree to review prior to publication of the guide(s) those advertisers We sell space to under Your right of veto, based on Your experience of dealing with these third party advertisers during the normal course of Your building control management activities
h) You agree that Your participation in Our services will auto renew annually on the anniversary of the Commencement Date, until you submit written confirmation of Your intention to cancel, subject to Our Cancellation Policy..
3.1 You can cancel Your participation in Our services by providing 3 (three) months’ written notice prior to the stated publication date of Your guide and thereafter by providing 3 (three) months written notice prior to the Commencement Date.
3.2 During the cancellation period of 3 months, it is Your responsibility to claim any outstanding royalty payments remaining on Your account.
Transfer of Right and Obligations
4.1 These Terms of Business between You and Us are binding on You and Us and on our respective successors and assignees.
4.2 You may not transfer, assign any of Your rights or obligations under these Terms of Business, without Our prior written consent.
4.3 We may transfer, assign any of Our rights or obligations arising under these Terms of Business, at any time.
Intellectual Property Rights
5.1 The rights granted to You to use Our services under these Terms of Business do not convey any additional rights in the services or in any of Our intellectual property rights therewith.
5.2 Subject only to limited rights to access and use the services as expressly stated under these Terms of Business, of which all rights, title and interest in and related to the services, including all related intellectual property rights, will belong exclusively to Us.
Links to and from Our Website
6.1 Any links to third party websites located on Our website or within the published guides are provided for Your convenience only. We have not reviewed each third-party website and take no responsibility for such third-party websites or their content. We do not endorse the third-party websites or make representations about them or any material contained in them. If You choose to access a third-party website linked to Our Website, it is entirely at Your own risk.
6.2 If you would like to link to Our website, You may only do so on the basis that You link to, but do not replicate, any page on Our Website, and always subject to the following conditions:
(a) You do not in any way imply that We are endorsing any services or products unless this has been specifically agreed in writing with Us;
(b) You do not misrepresent Your relationship with Us or present any false information about Us
(c) You do not link from a website that is not owned or operated by You; and
(d) Your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with any laws in the United Kingdom.
6.3 If You choose to link to Our website in breach of Clause 6.2 you shall fully indemnify Us for any loss or damage suffered by US as a result of Your actions
7.1 We take all reasonable steps to ensure that the information on Our website and in Our publications is correct. However, We do not guarantee the correctness or completeness of material on Our website or Our publications. We may make changes to the material on Our website and in Our publications at any time and without notice. The material on Our website and in Our publications may be out of date, or on rare occasions incorrect and We make no commitment to ensure that such material is correct or up to date.
7.2 The material on Our website and Our publications is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, We provide access and use of Our website and Our publications on the basis that We exclude all representations, warranties and conditions which but for these Terms of Business may have effect in relation to Our website and Our Publications
Exclusion of liability
8.1 Neither We nor any other party (whether or not involved in producing, maintaining or delivering our website or publications), shall be liable or responsible for any kind of loss or damage that may result to You or a third party as a result of Your or their use of Our website or Our publications. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with Our website or Our Publications.
9.1 Applicable laws require that some of the information or communications We send to You should be in writing. When using Our service, you accept that communication with Us will be mainly electronic. You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that we provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.
10.1 We reserve the right to alter these Terms of Business from time to time and under applicable law and will notify You in writing of any such alterations.
11.1 In the event of dispute We and You will use joint best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to these Terms of Business or any breach of it.
11.2 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the other in any further proceedings.
11.3 Any dispute shall not affect Our or Your ongoing obligations under these Terms of Business
11.4 The English courts have the only right to hear claims related to these Terms of Business, and all disputes are governed by English law.
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