BookASleepoverParty: Supplier Terms And Conditions

1. Application of conditions of use

  • By accessing or using any part of the website, www.bookasleepoverparty.com, ("the Website") or submitting a form to subscribe to the Service you agree to be bound by the following conditions of use. If you do not wish to be bound by these conditions, you may not access or use the Website.

2. Copyright, trademarks and database rights

  • We own all intellectual property rights in and to the Website (including the database, design, text, graphics and layout) and the software used therein and the names “BookASleepoverParty” and domains "Bookasleepoverparty.com" and "bookasleepoverparty.co.uk" ("the Domains") and you agree not to use or copy the same or any part thereof without our consent. In particular, you acknowledge that we own all rights, including trademark, servicemark and allied rights in and to the Domains.

3. Disclaimer

·       (a) We advertise and promote businesses through the Website in specified geographical areas ("the Service.")

·       (b) We reserve the right to reject, remove and/or amend advertisements text graphics or other material submitted for inclusion on the Website which in our opinion is obscene, defamatory, infringes the copyright or other rights of any third party, or which is illegal or does not meet our standards.

·       (c) We do not make any representation or endorsement of the creditworthiness or value of any visitor to the Website who contacts you as a result of your entry on the Website.

·       (d) We accept no liability for any transactions which take place between you and visitors to the Website nor do we accept any responsibility or liability for any loss suffered by you or by any of your customers or any other person arising out of your entry on the Website, howsoever caused.

·       (e) You agree to indemnify us for any loss we suffer as a result of any action brought against us as a result of your entry on the Website, the material contained therein or any service or product supplied by you. We do not accept any liability for any feedback posted on the Website from people who engage you through the Website.

4. Members conditions

·       (a) By submitting your subscription form to us, you agree that the information you provide us on registration for the Service is full and accurate and not misleading or untrue in any way.

·       (b) It is your responsibility to update us of any changes to your information or listing by emailing miriam@bookasleepoverparty.com.

·       (c) Following the acceptance of your application for subscription to the Service by us, we will register your details on the Website and make the Service available to you.

·       (e) You must keep in force at all times valid public liability insurance cover and up to date requirements as requested by applicable trade bodies eg. UKCA marked tents.

5. Fees

  •  (a) The fee for your listing on the Website ("Listing Fee") is calculated and payable on the anniversary of the start of your Subscription (unless otherwise stated) in advance. We shall be under no obligation to provide the Service until the Subscription Fee has been paid.

  • (b) You shall pay the Fee using the link to complete the Direct Debit form. Prices shown are paid on a quarterly (once every three months) or annual basis.

  • (c) Quarterly contracts will be paid every three months by Direct Debit in advance and payment will continue to be taken unless cancelled by giving BookASleepoverParty 30 days written notice.

  • (d) Annual contracts will be paid annually by Direct Debit in advance and payment will continue to be taken on an annual basis unless cancelled by giving BookASleepoverParty 30 days written notice.

  • (e) Any invoices raised and provided for in the clauses above shall be paid within 30 days of the date of the invoice.

  • (f) Unless otherwise agreed in writing, we reserve the right to charge interest on overdue invoices at a rate of 8.0% over the Bank of England base rate from the date the invoice became overdue until payment is made and the account settled, this is in line with relevant statute.

  • (g) If we are required to issue proceedings to recover any fees or disbursements and we are successful in such proceedings, you agree that you will pay our legal/advisory costs of such proceedings even if the amount claimed is suitable for the small claims track.

  • (h) In the event of a dispute we are willing to consider Mediation or Arbitration. The cost of the proceedings, disbursements, facilities and fees to be split between the parties. However, subject to the applicable Arbitration legislation, the Arbitrator may determine who shall be responsible for the costs of the Arbitration and shall set out that determination in any Award.

  • (i) Any renewal shall be subject to BookASleepoverParty’s then current terms and conditions.

  • (j) BookASleepoverParty is not VAT registered therefore VAT does not apply to any sums stated in the pricing list.

  • (k) You will submit valid bank details for the Direct Debit upon registration and keep this information up to date.

  • (l) If we accept a listing, it will remain published on our website for the relevant period specified for that particular plan, subject to termination or deletion in accordance with these terms and conditions.

  • (m) We may delete a listing at any time at our discretion, providing that if we delete a paid listing in accordance with this Clause before the end of the period in respect of which listing fees have been paid, we will refund to you a pro-rated portion of those listing fees reflecting the unexpired listing period, such amount to be calculated by us using any reasonable methodology.

  • (n) We reserve the right to charge a £25.00 admin fee on any listing fee that is overdue.

  • (o) We may vary our fees from time to time by posting new fees on our website, this will not affect fees for the services that have been previously paid, only to new payment periods.

  • (p) Should we need to resort to legal action in respect of non-payment you will be liable for our reasonable costs in recovering outstanding fees and debt collection fees.

6. Termination and Cancellation

  • (a) BookASleepoverParty reserve the right to suspend or terminate, with or without notice, listings in respect of which fees are unpaid or consistently late.

  • (b) BookASleepoverParty may terminate this agreement at any time by giving you 30 days written notice.

  • (c) You have the right to cancel this agreement at any time by giving 30 days’ notice in writing and your Direct Debit agreement will be cancelled.

  • (d) Upon termination, you must agree to no longer use our logo, and remove it from your website etc. Action will be taken, should this not be adhered to.

7. Automatic Subscription Renewals, Renewals & Fee Changes

  • To ensure uninterrupted service, we'll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period or amount afterwards until cancellation. Your renewal period will be equal in time or amount to the renewal period of your current subscription. For example, if you're on a three month subscription plan, each billable renewal period will be for three months. We’ll automatically charge you the applicable amount using the payment method you have on file with us and by agreeing to this Agreement, you authorize us to do this. To disable the renewal you may cancel at any time by contacting miriam@bookasleepoverparty.com with 30 days notice.

  •  While you may cancel any Paid Services at any time, you won't be issued a refund except in our sole discretion, or if legally required.

  • We may change our fees at any time. We’ll provide you with advance notice of these fee changes. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by canceling the applicable Paid Service before your next payment date.

8. Our Obligations

·       (a) We undertake to you that there will be no be more than ten entries in the geographical county selected by you in your registration for the Service at any one time.

·       (b) In conjunction with the Website we shall operate the quick enquiry service by which potential customers can email or telephone us directly and we will forward you any enquiries we feel you are best suited for. This will provide you with instant access to the potential customer's name, email address and number allowing you to contact them at your convenience.

·       (c) We both agree that it is in our mutual interest that the name and brand of "BookASleepoverParty", and thus the members/advertisers of BookASleepoverParty are both recognised and respected in the public eye. You also agree that it is in your interest for us to be able to remove from the Website and name any supplier who is undesirable, dishonest, unreliable, not qualified or otherwise brings the good name of BookASleepoverParty and its members into disrepute or harms or impedes the development of our business.

9. Feedback

·       (a) We will be seeking feedback and references from people who engage you through the Website.

·       (b) If we receive a feedback questionnaire from a customer with an approval rating of less than 75% we will contact the customer and find out if the rating is justified. You acknowledge and agree that if we feel the customer's rating is justified we can consider this a 'strike' against you. If you receive three strikes or more, we will remove your details from and end your registration with the Website and use of the Service without any liability to you.

·       (c) If a customer submits a feedback questionnaire about you with a rating of less than 50% that is found to be justified, we reserve the right to immediately remove your details from and end your registration with the Website and use of the Service immediately without any liability to you.

·       (d)We reserve the right to call any customer who has submitted a questionnaire to confirm the authenticity of their feedback.

10. Warranties

·       (a) We warrant that we will use all reasonable skill and care in making the Service and the Website available to you and in ensuring its availability during your Subscription.

·       (b) Because of the nature of the Internet, errors and omissions do occur and we do not give any other warranties in respect of the Service and the Website. In particular, you should not take the accuracy of the information for granted and we make no warranty that the Website is free from infection by viruses or anything else that has contaminating or destructive properties. All implied warranties are excluded from this agreement to the extent that they may be excluded as a matter of law.

11. Limitation of Liability

·       (a) We will use our reasonable endeavours to remedy faults in the Service and the Website. If we are in breach of these terms and conditions, you agree that your only recovery for damages that you incur, and your exclusive remedy, shall be limited to an amount equivalent to the Subscription Fee paid or payable in relation to your use for the relevant year of the Service.

·       (b) We will not be liable for any business losses such as lost data, lost profits or business interruption arising from your use or inability to use the Service and/or the Website or from any action taken (or refrained from being taken) as a result of using the Service.

·       (c) Notwithstanding the above provisions of this clause 9, our liability will not be limited in the case of fraud or for death or personal injury caused by our negligence.

12. Reservations

·       (a) We reserve the right to expand, change or revise the Service as our business grows or as conditions provide.

·       (b) If any provision in these terms and conditions are deemed or found by any competent court or authority to be invalid or not binding, we agree that such provision shall be severable from the rest of these terms and conditions which shall remain fully in force.

·       (c) Neither you nor we shall be liable for any failure to perform our obligations hereunder, if such failure results from any act of riot, war, civil unrest, flood, earthquake or other cause beyond reasonable control (which shall not include failure caused by negligence or the financial condition of either party).

13. Privacy Policy

·       (a)The information that you provide about yourself to us will only be used by us in accordance with our privacy policy. Please read the privacy policy carefully and if you have any questions please email miriam@bookasleepoverparty.com

14. Links

  • Any links to other websites and resources on this Website are to websites provided by independent third parties provide these sites and we are not responsible and shall not be liable for the availability or content of these outside resources.

15. General

·       (a) We may transfer and/or assign our rights and/or our obligations under these terms and conditions and this will not affect your rights. You may not transfer any of your rights or obligations under these terms and conditions.

·       (b) If you breach these terms and conditions and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these terms.

·       (c) This terms and conditions, together with the Privacy policy and any additional terms on the Service, represents the entire terms agreed between us in relation to its subject matter.

·       (d) These terms and conditions shall be governed by English law.

·       (e) We will try to solve any disagreements quickly and efficiently. If you want to take court proceedings in relation to these terms and conditions you must do so in the United Kingdom.