UK Net Guide / UK Directory Site Review Terms & Conditions of Service

Introduction

UK Net Guide / UK Directory Site Review (“Site Review” or the “Service”) is a fee-based service offered by Crystal Guides Ltd (“Crystal Guides”), who own and operate the Crystal Guides websites (the “Crystal Guides Websites”), which guarantees expedited consideration of your Web site for possible inclusion in the Crystal Guides Websites, incorporating UK Net Guide (www.uknetguide.co.uk) and UK Directory (www.ukdirectory.co.uk).

Please note that Site Review is not open to sites that already exist on both of the Crystal Guides Websites sites namely www.uknetguide.co.uk and www.ukdirectory.co.uk. For the avoidance of doubt, if your site is included in one and not the other then you may still submit your site to be reviewed. Do not submit your site to the Site Review service if your site already appears in all of the Crystal Guides Websites or if you want to request changes to a listing that already appears in the Crystal Guides Websites. Your credit or debit card will be charged the current fee for Site Review if you submit a site that already exists in the Crystal Guides Websites. You will also be charged the current fee if you submit change requests through the Site Review service.

Agreement

Crystal Guides Site Review is provided to you (“You” or the “Applicant”) pursuant to the terms and conditions of this Crystal Guides Site Review Service Agreement (the “Agreement”).

By completing the Site Review Registration Form and clicking the “Submit Site”, you represent and warrant that you are 18 years of age or older; that you have and agree to provide true, accurate, complete and current information (including an accurate and valid email address) as prompted by the registration form; and that you agree to be bound by the terms and conditions of this Service Agreement, in the case of a Company, you are authorised to legally bind the Company to this Service Agreement.

Obligations of Crystal Guides

In consideration of your payment and participation in the Site Review service in accordance with this Agreement, Crystal Guides agrees that:

1. a member of Crystal Guide’s editorial team will review and consider your Web site for possible inclusion in the Crystal Guides Websites; and
2. we will respond to the Applicant by email, whether your site has been accepted or declined for inclusion in the Crystal Guides Websites, within 24 hours from the time that Crystal Guides reviews your site(s).

Acknowledgement

You acknowledge and agree that:

1. the payment of the current fee for the Site Review Service is for consideration of your site and does not in any way guarantee that your site will be included in the Crystal Guides Websites;
2. Crystal Guides reserves the right, in its sole discretion, to determine which Web sites will be selected for inclusion in the Crystal Guides Websites;
3. nothing in this Agreement guarantees or obligates Crystal Guides to list, link to, accept or otherwise host your site on the Crystal Guides Websites or on any Web site or other medium owned or controlled by Crystal Guides; and
4. if your site is accepted for inclusion in the Crystal Guides Websites, Crystal Guides reserves the right, in its sole and absolute discretion to:
   1. consider your preferences, but Crystal Guides will determine your sites URL, title, review, rating, categorisation and contact details (where required i.e. estate agency listing) as Crystal Guides deems appropriate;
   2. retain control over the content and wording of all site listings; and
   3. remove your site from the Crystal Guides Websites, list your site in a different category or subcategory, and/or change, modify or remove any comments, ratings or annotations at any time, for any reason.

Fees

You agree and acknowledge that in order for Crystal Guides to consider your site for inclusion in the Crystal Guides Websites, you must submit your valid credit or debit card number as part of the Registration Form. You agree that your credit or debit card will be charged the current fee for the Site Review service when you submit your site, which occurs as soon as you click on the “Make Payment” button on the Registration Form. You must remit the current fee for each individual site submitted by you for review and acknowledge that the current fee is payable for the review of your Web site, whether or not your site is accepted and included in the Crystal Guides Websites.

Subject to acceptance by Crystal Guides your listing will be live within 24 hours of review by Crystal Guides. You acknowledge and agree that once you have completed the Registration Form and clicked on the “Make Payment” button, Crystal Guides may commence to provide the Site Review service immediately and that you are not entitled to cancel the Service. You acknowledge that if you submit a site that already exists in both the Crystal Guides Websites sites or submit a change request for your current listing through the Service, you agree to pay Crystal Guides and accordingly your credit or debit card will be charged the current fee for the Site Review service. The current fee is as advised on the Registration Form and payable in Great Britain pounds.

The Applicant acknowledges that any refunds will be given at the discretion of Crystal Guides.

A discount for multiple site submissions may be offered by Crystal Guides from time to time, details of which will be displayed on the site itself. Such multiple submissions will be subject to these terms and conditions.

Minimum Site Criteria

Crystal Guides, in its sole discretion, before considering any other criteria in determining whether to accept or decline a site for inclusion in the Crystal Guides Websites, stipulates that the site submitted by the Applicant must meet the following minimum criteria:

1. the site must be in the English language (or have an English version available);
2. the site must be UK specific and relevant to Crystal Guides Websites users;
3. the site must be relevant to an appropriate established category or sub-category within the Crystal Guides Websites;
4. the site must be up and running 24 hours a day, 7 days a week;
5. the site must not contain any parts under construction;
6. all links on the site must work, link to relevant content and the pages must load quickly;
7. the site must not be a mirror site, redirect to another Web site or be a holding page;
8. the site must contain substantively unique content as determined by Crystal Guides’s editorial team;
9. the site must support multiple browsers and capabilities;
10. the site must clearly define its purpose, products and/or services, contain sufficient pages and recognisable content; and
11. the site must not, as determined by Crystal Guides’s editorial team, contain or link to any content, products and services or other information that may be deemed illegal, pornographic, gratuitous, graphic violence, racist, offensive or infringes on or violates another party’s rights.

Appeals

Crystal Guides will contact the Applicant by email advising whether the site has been accepted or rejected. If the site is rejected, the Applicant is entitled to request one reconsideration, or appeal, of the site at no additional charge by sending an email to the address provided by Crystal Guides. Crystal Guides must receive the Applicants email for reconsideration or appeal within thirty days from the date that Crystal Guides sends the rejection email to the Applicant. If the request is timely received, the Crystal Guides editorial team will re-review the Applicant’s site and will then notify the Applicant of its final decision regarding inclusion of the site in the Crystal Guides Websites. If Crystal Guides reaffirms its denial of the Applicant’s site, no further appeals or submissions will be considered.

Applicant’s Privacy

Crystal Guides maintains information about the Applicant on the Crystal Guides servers, including but not limited to the Applicant’s registration information. The Applicant agrees and acknowledges that Crystal Guides may use such information in aggregate form for research and development, marketing, or other promotional purposes. The Applicant agrees that Crystal Guides has the right (but not the obligation) to disclose any such information, to the extent necessary, if Crystal Guides reasonably believes that such disclosure is required to comply with any law or to take action to enforce this Agreement.

Crystal Guides may contact the Applicant regarding Site Review using the Applicant’s email address provided during the registration process (or as updated by the Applicant). Such email messages may contain opportunities regarding special offers and new products or services from Crystal Guides or their advertisers.

Crystal Guides considers Internet user privacy and data protection to be of paramount importance. Crystal Guides complies with the Data Protection Act 1998 in relation to all processing of personal data supplied to us by our users and other personal data in our possession for any reason. Crystal Guides is registered with and has notified the Data Protection Commissioner of our practice affecting personal data.

Exclusions and Limitations of Liability

The Service is provided with reasonable skill or care, but on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties or merchantability or fitness for a particular purpose. This Agreement is not intended to express or imply any warranty that the Service will be uninterrupted, timely or free of errors.

Crystal Guides, its partners, subsidiaries, affiliates, officers, directors, shareholders, employees or agents shall not be liable under any circumstances whatsoever for any loss of business, profits or goodwill, loss of use or data interruption of business, or for any indirect, special, incidental or consequential damages of any kind, even if Crystal Guides is aware of the risk of such damages, that result in any way from the Applicant’s use of or inability to use this service, or Crystal Guides’s acceptance, rejection or removal of your submitted site from the Crystal Guides Websites.

Without limiting the above provisions, Crystal Guides specifically disclaims any warranty regarding the number of persons who will access the Applicant’s site submitted to Site Review or any benefit that you might obtain from using the Service.

Crystal Guides’s liability to the Applicant shall not, for any reason, exceed the amount actually paid by the Applicant to Crystal Guides under this Agreement. Crystal Guides’s liability is not hereby limited for personal injury or death arising from Crystal Guides’s negligence.

Some Jurisdictions do not allow the exclusion of certain warranties or liabilities, so some of the above exclusions may not apply to the Applicant.

Indemnity

The Applicant agrees to indemnify, defend and hold harmless Crystal Guides, and its partners, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of the Applicant’s use of or listing in the Service, the acceptance or rejection of the Applicant’s submitted site, any alleged violation of this Agreement, or any alleged violation of any rights of others. Crystal Guides reserves the right (but not the obligation), at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by the Applicant, which shall not otherwise excuse the Applicant’s indemnity obligations.

Force Majeure

Neither party to this Agreement shall be liable to the other for any delay or failure to perform all or any part of this Agreement resulting directly or indirectly from events, occurrences or causes beyond its reasonable control.

Notices

Any notices and communications required or permitted under this Agreement or by law shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Crystal Guides, electronic mail notices shall be addressed to uksitereview@crystalguides.co.uk and other written notices to Crystal Guides Site Review, 118-120 Great Titchfield Street, London W1W 6SS. If to Applicant, such notices shall be addressed to the electronic or mailing address specified in the Applicant’s Service registration form, or such other address as either party my give the other by notice as provided in this Section.

General

This Agreement sets out the entire agreement of the parties with respect to the Service and supersedes all previous proposals, both oral and written, representations, writings and all other communications between the parties.

This Agreement and the relationship between the Applicant and Crystal Guides shall be governed by and construed in accordance with English law. The Applicant and Crystal Guides irrevocably submit to the courts of England to have exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or settle any disputes, which may arise out of or in connection with this Agreement.

If any term, condition or provision in this Agreement is found to be invalid, unlawful or unenforceable to any extent, then such term, condition or provision will be severed from the remaining terms, conditions and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law. The Applicant agrees and acknowledges that no action related to this Agreement or the Service or your listing in the Crystal Guides Websites may be brought more than one (1) year after delivery of the Service giving rise to such cause of action.

The failure of either party to this Agreement to insist upon or enforce strict performance by the other party, of any term, condition or provision, or to exercise any rights under this Agreement, shall not be taken to be a waiver of the party’s right to enforce such term, condition, provision or right.

The headings used in this Agreement are for convenience purposes only and shall have no effect on the interpretation of any part.

This Agreement may only be modified, or rights under it waived, by a written document signed by both parties.