TERMS AND CONDITIONS – TOTALLY BARBADOS / BRECAL INC.
Last updated on Sunday, May 19th, 2019.
By using Totally Barbados (https://www.totallybarbados.com/) and all services of Totally Barbados (a subsidiary of the incorporated company Brecal Inc.), you agree to the legal terms set forth by the following terms and conditions (“Terms and Conditions”). By using Totally Barbados, you agree to each of the terms set forth below. If you do not agree with any time or condition set forth below, you are not authorized to use Totally Barbados for any purpose.
Totally Barbados reserves the right to modify the Terms and Conditions from time to time without prior notice, effective upon posting an updated version of this Terms and Conditions to the website. You are responsible for regularly reviewing these Terms and Conditions. Continued use of Totally Barbados and any of its products and services after any such modifications to the Terms and Conditions shall constitute your consent to such amendments.
ADVERTISING TERMS AND CONDITIONS
1. Totally Barbados dot com (https://www.totallybarbados.com/) is a “website” available through the World Wide Web, focusing on information relating to promoting the island of Barbados, its people, businesses, tourism, and related topics;
2. The Client seeks to utilize a portion of Totally Barbados dot com (https://www.totallybarbados.com/) for advertising products or services for its purposes;
3. The parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore the owners of Totally Barbados dot com (https://www.totallybarbados.com/) – can make no guarantee that any given reader shall be able to access Totally Barbados dot com at any given time.
Totally Barbados / Brecal Inc. represents that it shall make every reasonable faith effort to ensure that Totally Barbados dot com is available as widely as possible and with as little interruption as possible.
IN CONSIDERATION of the mutual promises contained in this Agreement, the parties agree as follows:
1. Financial Arrangements and Terms of Payment
(a) Client agrees to advertise on Totally Barbados dot com (https://www.totallybarbados.com/) for the duration stated in their contract.
(b) 100% of Payment is due for services on receipt of the signed contract. If full payment is not received within 14 days of the beginning of the contract start date, Totally Barbados / Brecal Inc. cannot guarantee that the photo ad spots chosen will still be available. Accounts will be considered past due 30 days after billing. Interest will be charged on overdue accounts.
(c) The agreement will be automatically renewed for a further term of one year on the first anniversary unless canceled by either party at least 14 days before expiry.
(d) Failure by the Client to remit payment by the contract date or due date will result, at Totally Barbados / Brecal Inc.’s discretion, in any advertising services rendered to Client by Totally Barbados / Brecal Inc. to be removed from Totally Barbados dot com (https://www.totallybarbados.com/) until payment is received. The duration of the contract will not be extended due to the removal of said services in the event of delinquent payment.
(e) Advertising services rendered by Totally Barbados / Brecal Inc. will be paid for at the rate that is in effect at the date of the signing of the contract. These rates will remain in effect until the expiration of the contract (12 months). Renewal of services by the client will utilize the rates that are in effect at the time of renewal and indicates agreement by Client to any contract revisions.
(f) Ads will be in place within one hundred and sixty-eight hours of receipt of the submitted contract, payment and the required information as presented by the client. Totally Barbados / Brecal Inc. reserves the right to remove all ads if payment is not received within fourteen (14) days of receipt of submitted contract.
(g) All Photo ad spots will be titled after each advertiser’s business name and link directly to your profile page on Totally Barbados dot com.
(h) Your business listing will also be featured on the appropriate directories of Totally Barbados dot com, at the top of the list and above all free members.
Value-added tax (VAT) is no longer required for products and services by Totally Barbados / Brecal Inc.
Client shall provide all photos, which shall be posted on Totally Barbados dot com (https://www.totallybarbados.com/) by Totally Barbados / Brecal Inc. on the specific page(s) that advertising has been purchased for, as detailed on the contract and signed by the advertiser. There will be a title below this photo which would be the name of the business and which would link directly to the profile page of the advertiser on Totally Barbados dot com (https://www.totallybarbados.com/). Each client will also receive monthly reports upon request, showing the number of times their photo ad spots pages and their profile page were viewed.
4. Trademarks and Copyrights
Client warrants that it has the right to use applicable trademarks, if any, photos and other supplied content and grants Totally Barbados / Brecal Inc. the right to use such content in connection with Totally Barbados / Brecal Inc.’s advertising services. Totally Barbados / Brecal Inc. warrants that it has the right to use all photographs, logos, and material provided by it, and all information provided is accurate and not misleading.
5. Change of Ownership
Totally Barbados dot com (https://www.totallybarbados.com/) may be transferred to the control of another person or corporate entity without prior notice to or permission from its Clients. Any new clients assume any obligations as outlined in this agreement.
6. Limited Liability
(1) Totally Barbados / Brecal Inc. assumes no responsibility for products and services. Client provides. Totally Barbados / Brecal Inc. provides no warranties, either expressed or implied, nor any assurances of product fitness. Client assumes any responsibility and risk from such services.
(2) Client agrees that use of Totally Barbados / Brecal Inc.’s advertising services is at Client’s sole risk. Neither Totally Barbados / Brecal Inc., Totally Barbados / Brecal Inc.’s employees, affiliates, agents, third party information providers or the like, warrant that service will not be interrupted or error free; nor does Totally Barbados / Brecal Inc. make any warranty as to the results that may be obtained from the use of the service provided unless otherwise stated in this Agreement.
(3) Under no circumstances, including negligence, shall Totally Barbados / Brecal Inc., its officers, agents or anyone else involved in creating, producing or distributing Totally Barbados / Brecal Inc.’s service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Totally Barbados / Brecal Inc.’s services; or that the results from the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Totally Barbados / Brecal Inc.’s records, programs or services. Client acknowledges that this paragraph shall apply to all content on Totally Barbados / Brecal Inc.’s service.
(4) Notwithstanding the above, Client’s exclusive remedies of all damages, losses, and causes of actions whether in contract or including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement.
(5) All email requests that any business or client of Totally Barbados / Brecal Inc. receives from a world wide web visitor shall be received with caution especially about spammers or individuals who try to misrepresent themselves in carrying out illegal activities.
Client agrees that it shall defend, indemnify, save and hold Totally Barbados / Brecal Inc. harmless from any demands, liabilities, losses, costs, and claims including reasonable attorneys’ fees (the “Liabilities”) asserted against Totally Barbados / Brecal Inc., its agents, its customers, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns, and as a result of publishing any advertisement which is libelous or misleading or otherwise subjects Totally Barbados / Brecal Inc. to liability. This indemnity shall apply to all advertisements and content published, even if produced by the Totally Barbados / Brecal Inc. on behalf of the advertiser.
Client agrees to defend, indemnify, and hold harmless Totally Barbados / Brecal Inc. against Liabilities arising out of:
(a) any injury to person or property caused by any products sold or otherwise distributed by Client in connection with Totally Barbados / Brecal Inc.’s service;
(b) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
(c) Copyright infringement; or
(d) any defective product which Client sold via Totally Barbados / Brecal Inc.’s services.
(e) Advertiser acknowledges Totally Barbados / Brecal Inc. owns the copyright and all other intellectual property rights for materials prepared by Totally Barbados for the Advertiser.
(f) Liability of Totally Barbados / Brecal Inc. for non-insertion is limited to the amount paid for the advertisement. Liability of Publisher for errors by the Publisher is limited to the cost of space occupied by the error.
(g) Liability of Totally Barbados / Brecal Inc. for damage arising out of incorrect delivery or non-delivery of any content is limited to the amount paid to the Totally Barbados / Brecal Inc. for distribution of such content.
(h) The positioning of advertisements formats is not guaranteed unless a premium is paid.
(i) Totally Barbados / Brecal Inc. reserves the right to revise, reject, discontinue or omit any advertisement, or to cancel any advertising contract, for reasons satisfactory to Totally Barbados / Brecal Inc. without notice and without penalty to either party.
Totally Barbados / Brecal Inc. will not knowingly publish any advertisement which is illegal, infringing, misleading or offensive to its readers.
8. Lawful Purpose
A client may only use Totally Barbados / Brecal Inc.’s services for a legitimate purpose. Transmission of any material in violation of any governmental regulation is prohibited. This includes but is not limited to, copyrighted material, material legally judged to be threatening or obscene, pornographic, profane or material protected by trade secrets. Totally Barbados / Brecal Inc. expressly forbids anyone from using Totally Barbados / Brecal Inc.’s services for any content Totally Barbados / Brecal Inc. deems objectionable. This includes links to any such documents. The designation of such materials is left entirely to the discretion of Totally Barbados / Brecal Inc.
(1) A client without cause may terminate this agreement by giving the Totally Barbados / Brecal Inc. 14 day’s written notice. Under these circumstances, all payments previously made are final and non-refundable.
(2) Notwithstanding the above, Totally Barbados / Brecal Inc. may terminate this Agreement at any time, without penalty or forfeiture of fees paid or due by the Client, if the Client fails to comply with the terms of this Agreement.
(3) If Totally Barbados / Brecal Inc. determines, in its sole and unfettered discretion, that any content provided by Client is offensive or demeans the status or reputation of Totally Barbados dot com, Totally Barbados / Brecal Inc. shall notify Client and if Client does not remove offending material within 48 hours of notice, Totally Barbados / Brecal Inc. may terminate this Agreement and remove Client’s content from Totally Barbados dot com (https://www.totallybarbados.com/) and all fees and amounts paid by Client shall be forfeited.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract shall be agreed to by the parties on the renewal of services in writing.
Any notice required to be given to either party may be assigned by e-mail, to the address of record, by facsimile number, if provided, or by pre-paid post at the address provided in this agreement by the party.
12. Governing Law
This Agreement shall be governed by the laws of the United States, Canada, the Caribbean, and Barbados.
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