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Terms & Conditions

Simply Marcomms Limited

INDUSTRY TODAY Press Release Distribution

Terms and Conditions
The following terms and conditions (“Conditions”) governing the Client’s use of the press release distribution and related service(s) (collectively, the “Service”) constitute a contract (the “Contract”) between Simply Marcomms Limited (“Simply Marcomms”) and the person, firm or company who purchases Services from Simply Marcomms (the “Client”).
1. INTERPRETATION
1.1 Headings in these Conditions shall not affect their interpretation.
1.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.3 Any obligation in the Contract on a person not to do something includes, without limitation, an obligation not to agree, allow, permit or acquiesce in that thing being done.
1.4 The words and phrases "other", "including" and "in particular" shall not limit the generality of any preceding words or be construed as being limited to the same class as any preceding words where a wider construction is possible. Any reference to “in writing” shall be deemed to include a reference to “in writing (including by electronic transmission)”.
1.5 Any reference to a statute, statutory provision or statutory instrument includes a reference to that statute, statutory provision or statutory instrument together with all rules and regulations made under it as amended or consolidated as at the date of the Contract.
2. APPLICATION OF CONDITIONS
2.1 These Conditions shall:
2.1.1 apply to and be incorporated into the Contract; and
2.1.2 prevail over any inconsistent terms or conditions contained, or referred to, in an order for the Services submitted by the Client to Simply Marcomms in hard copy form or in electronic form (“Order”), confirmation of order, acceptance of a quotation, or specification or other document supplied by the Client, or implied by law, trade custom, practice or course of dealing.
2.2 The Client's Order, or the Client's acceptance of a quotation for Services by Simply Marcomms, constitutes an offer by the Client to purchase the Services specified in it subject to and in accordance with these Conditions. No offer placed by the Client shall be accepted by Simply Marcomms other than:
2.2.1 by a written acknowledgement issued and executed by Simply Marcomms; or
2.2.2 (if earlier) by Simply Marcomms starting to provide the Services,
when a contract for the supply and purchase of the Services subject to these Conditions will be established. The Client's standard terms and conditions (if any) referred to or incorporated in any Order or other document shall not govern the Contract.
2.3 Quotations are given by Simply Marcomms on the basis that no Contract shall come into existence except in accordance with Condition 2.2. Any quotation is valid for a period of 30 days from its date, provided that Simply Marcomms has not previously withdrawn it.
3. COMMENCEMENT OF SERVICES
3.1 The Services supplied under the Contract shall be provided by Simply Marcomms to the Client from the date of acceptance by Simply Marcomms of the Client's offer in accordance with Condition 2.2.
4. USE
4.1 The Client is responsible for the content and accuracy of all and any press release, news, copy and other information submitted by the Client to Simply Marcomms (the “Submitted Materials”). Simply Marcomms shall not be responsible for verifying facts contained in Submitted Materials.
4.2 Simply Marcomms reserves the right at its sole discretion:
4.2.1 to reject or edit Submitted Materials; and
4.2.2 to remove any Submitted Materials from its web site, pull any Submitted Materials from distribution or deny approval to any Submitted Materials. Simply Marcomms can only remove Submitted Materials from its network, and Simply Marcomms makes no representation or warranty regarding the removal of Submitted Materials from sites outside of Simply Marcomms’ network.
4.3 In the event that Simply Marcomms edits any Submitted Materials under Condition 4.2.1, the Client shall provide to Simply Marcomms its unreserved acceptance of all such edited Submitted Materials in a timely manner following receipt of the same in order to enable Simply Marcomms to perform the Services in accordance with any estimated dates for delivery (and Simply Marcomms shall be entitled to deem such acceptance in the event that the Client fails to give such acceptance after a period of 5 working days from receipt of the same).
4.4 Simply Marcomms endeavours to disseminate Submitted Materials promptly and accurately. Any inadvertent errors by Simply Marcomms will be corrected promptly upon discovery, without additional charge, and such obligation to correct shall constitute the sole liability of Simply Marcomms in this regard.
4.5 The Client agrees to provide on all Submitted Materials to be transmitted by Simply Marcomms contact name, phone number and e-mail address. This information may not be the name or contact details of Simply Marcomms.
4.6 Simply Marcomms does not give any warranties with regard to the following:
4.6.1 specific placement of any Submitted Materials in any particular publication (on or off line); or
4.6.2 use by third parties of any Submitted Materials,
but will deliver Submitted Materials via online distribution methods to make such content available to be repurposed by third parties (whether or not targeted by Simply Marcomms) who discover the content at various Internet locations.
4.7 The Client agrees to use the Service for its intended purpose and not for any illicit purposes including, but not limited to, the reverse engineering of the site and/or its processes and the inclusion of such processes or services in a derivative service. The Client shall not query, spider or access any Simply Marcomms systems without the express written consent of Simply Marcomms.
4.8 Simply Marcomms reserves the right to deny the provision of Services to any company, entity or person.
4.9 The Client agrees it shall have procured full written permission from any companies mentioned in any and all of its Submitted Materials other than its own, to use such company name. The Client also agrees it shall have procured full written permission from anyone else whose name is mentioned in its Submitted Materials other than its own to use such name.
4.10 Simply Marcomms does not and will not guarantee any particular search results within any search engine.
5. SUSPENSION AND TERMINATION
5.1 Simply Marcomms may suspend or terminate the Client’s account at any time at its discretion.
5.2 Notwithstanding Condition 5.1, if the Client’s account becomes delinquent or the Client is in breach of any material term or condition herein, then, in addition to any of its other rights or remedies, Simply Marcomms reserves the right to suspend the Client’s access to the Service, without liability to the Client.
6. PAYMENT
6.1 In order to use the Services, the Client shall pay online on www.industrytoday.co.uk via Paypal or by credit card in the amount stated on www.industrytoday.co.uk from time to time. A receipt will be generated automatically and provided to the Client upon receipt of payment.
7. WARRANTIES
7.1 The Client represents and warrants to Simply Marcomms that:
7.1.1 the Client has the right to deliver the Submitted Materials to Simply Marcomms;
7.1.2 the Client will comply with all applicable laws, rules and regulations; and
7.1.3 Submitted Materials will not contain any content that, in the reasonable opinion of Simply Marcomms, is obscene, libellous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person.
7.2 Simply Marcomms makes no warranties, express or implied (including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and title, and any and all implied warranties arising from statute, course of dealing, course of performance or usage of trade), regarding the service.
7.3 Simply Marcomms does not warrant or represent that the service will be free from errors, including omissions, interruptions, delays, losses or defects, whether human or mechanical including complications or failure with third party affiliates, equipment or services including transfer of xml information.
8. LIMITATION OF LIABILITY
8.1 Simply Marcomms’ entire liability for damages for any claims arising under or in connection with the Client’s use of the Service, regardless of the cause of action, whether in contract or in tort (including without limitation, breach of warranty and negligence claims) shall be limited to the Client’s actual direct damages, not to exceed the amounts actually paid by the Client for the Client’s use of the Service during the twelve months immediately preceding the month in which the cause of action arose. In no event shall Simply Marcomms have any liability to the Client for any claims or demands of third parties or any lost profits, loss of business, loss of use, lost savings or other consequential, special, incidental, indirect, exemplary or punitive damages, even if advised of the possibility of such damages.
8.2 In the event that any Submitted Materials are not accepted for any reason by Simply Marcomms, Simply Marcomms will not be held liable for any possible or potential missed business opportunities.
9. INDEMNITIES
9.1 The Client shall indemnify and hold harmless Simply Marcomms, from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to any breach by the Client of any representations and/or warranties contained herein or otherwise arising out of or relating to the Submitted Materials.
10. MISCELLANEOUS
10.1 All logos, trade name and trade marks registered or unregistered relating to Simply Marcomms belong exclusively to Simply Marcomms and Simply Marcomms does not grant the Client any licensing or other right to use the same. Certain content available through and used to operate the Service is protected by copyright, trademark, patent, or other intellectual property rights of Simply Marcomms and its affiliates, licensors, and/or service providers. The Client shall not:
10.1.1 use any of the trade marks, service marks, logos or other content accessible through the Service other than as set forth herein or as approved by Simply Marcomms; or
10.1.2 modify, alter or deface any of the trade marks, service marks, or other intellectual property made available by Simply Marcomms in connection with the Service. All rights not expressly granted to the Client herein are reserved by Simply Marcomms.
10.2 The Client shall not hold itself out as in any way as sponsored by, affiliated with, or endorsed by Simply Marcomms. The Client agrees not to:
10.2.1 defame or disparage Simply Marcomms, its trade marks or service marks, or the Service; or
10.2.2 adapt, translate, modify, decompile, disassemble, or reverse engineer the Service or any software or programs used in connection with the Service.
10.3 The Client consents to receive communications from Simply Marcomms concerning the Service electronically by email to the email address the Client provided in connection with the Client’s account. The Client also consents to receive communications by telephone or by postal mail sent to the postal address provided by the Client in connection with its account. The Client may change the email or postal address to which Simply Marcomms sends communications by notifying Simply Marcomms in writing (which may be by email.)
10.4 By registering for the Service or submitting Submitted Materials the Client agrees to be bound by these Conditions. If the Client is entering into this Contract on behalf of a company or other legal entity, the Client represents that the Client has the authority to bind such entity to these Conditions. Should the Client violate these Conditions or any other rights of Simply Marcomms, Simply Marcomms reserves the right to pursue any and all legal and equitable remedies against the Client, including, without limitation, terminating any and all user accounts.
10.5 The Client is responsible for all activity occurring under its account and shall abide by all applicable local, national and foreign laws, treaties and regulations in connection with its use of the Service. The Client’s obligations shall be binding on its successors and assigns.
10.6 Simply Marcomms reserves the right to modify these Conditions or its policies relating to the Service at any time, effective upon posting of an updated version on the Service. The Client is responsible for regularly reviewing these Conditions. Continued use of the Service after any such changes shall constitute the Client’s consent to such changes.
10.7 The Client acknowledges and agrees that the Client and Simply Marcomms are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
10.8 These Conditions and any dispute or claim arising out of or in connection with it, or its subject matter, shall be governed by and construed in accordance with the law of England and Wales.


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