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Website Product Terms & Conditions
“The Product” shall mean the domain name and website, registered and created by the company for the customer.
“The company” shall mean Yellow Pages (Malta) Limited.
“The customer” shall mean the person, individual or corporate, who places an advertisement order with the company. Where the customer is a company or other corporate entity this is to be specifically stated; in default, the customer shall be deemed to be that individual who has placed the order.
“Advertisement Order” shall mean the order placed by the customer for advertising on Yellow, Discover Local online and offline platforms.
“Yellow, Discover Local” shall have the same meaning given in the terms & conditions on the advertisement order.
“The Registry” shall mean the registry where the domain name shall be registered in the company.
“Agreed period” shall mean the period for which the customer has placed an advertisement order.
1. The company shall design, produce and complete the website for the customer, provided that the customer furnishes the company with all requisite artwork, data and assistance as may be required to this end.
2. The company shall host and maintain the website throughout the agreed period, in such a way that it remains operational. Once online, throughout the period the company shall allow changes to be effected to the content of the website but not to the layout.
3. If the customer does not have his own email account, the company shall assist the customer to open a free web based e-mail account preferably gmail. The customer shall assume full responsibility for the use of the said email and exonerates the Company from further liability.
4. The company shall not be responsible for any suspension, interruption, curtailment or default of service or internet connection. The customer hereby holds the company harmless and exonerates it from all liability for any damages ensuing the suspension, interruption, curtailment or default of internet connectivity, including but not limited to force majeur. Without prejudice to this exoneration, the company shall provide support during office hours (Monday to Friday between 9am-5pm) in order to ensure as much as possible the smooth running of the website.
5. The company shall endeavour to reserve and register the domain name in order of preference as submitted by the customer in the advertisement order, provided the preferred names are submitted to the company within seven (7) working days from placing of the advertisement order. In any event, the company shall assume no liability if the domain names are not available for registration. If none of the preferred choices are available the company shall immediately advise the customer. In such an event the customer may opt to terminate the advertisement order, limitedly and only insofar as concerns the order for the provision of domain names and website services.
6. The company shall pay the appropriate registration fee and, if appropriate, any renewal fees, and shall also arrange for the registry to process the application for the registration of the domain name which is limited only to a .com domain or a .net domain, and consider whether to accept or reject it in accordance with the criteria laid down in the rules of the registry in force at the time of the application. The company reserves the right to choose where to register the domain name, and further, to accept or refuse any or all of the domain names listed by the customer. The customer hereby assumes full responsibility for the details submitted to the company for the purposes of registration of the domain name and exonerates and hold the company harmless against any liability arising from such details.
7. The customer accepts that the company may be asked to disclose to the relevant registry, such details as may be required to complete the registration of a domain name. Accordingly the customer hereby grants full authorisation to the company to disclose such data for these purposes, and further acknowledges that the registry may in turn allow third parties to access its register for the purpose of obtaining information about the registration of the domain name or any other related purpose.
8. The company shall bear no liability in respect of the use or misuse of the domain name by the customer. The customer hereby exonerates and holds the company harmless for any liability arising from such use or misuse, including but not limited to any responsibility towards third parties concerning intellectual property rights, be they registered or unregistered, or any other rights. The customer hereby warrants in favour of the company that neither the registration of the domain name nor the manner in which the domain name is used, breaches or shall infringe the rights of any third party.
9. The customer acknowledges and agrees to submit itself to the terms and conditions of the relevant registry, and undertakes in favour of the company to comply with such terms and conditions at all times.
10. The product shall at all times remain the sole and exclusive property of the company. All registrations shall be made in the name of the company, and save as otherwise specified herein, the customer shall have no rights over the product. The company is to retain all proprietary rights over the product, including, but not limited to, all intellectual property rights and other pertinent rights, and the use granted to the customer shall in no way be construed as conferring any rights to the customer.
11. The customer shall not own the product, but shall only make use of it for the purposes of promoting and conducting his business / profession, or for advertising his products / services.
12. While the content and intellectual property rights featured within the website shall pertain to the customer, their use shall be regulated by these terms and conditions. In engaging the company to provide these services, the customer is hereby granting the company full and unrestricted authorisation to use the content and intellectual property rights in order to provide said services.
13. The customer shall not transfer all or part of the product to third parties in any manner and under any title whatsoever, nor shall it grant or allow unauthorised third parties the use of all or part of the product, and this regardless of any proprietary rights over the contents emanating from these terms and conditions or otherwise
14. The Customer shall supply to YPL whenever appropriate such materials or electronic data as may be required by YPL to publish the Advertisements, such materials to be of quality suitable to YPL's use and to be delivered to YPL’s Offices in sufficient time to suit YPL's production requirements of the Directory concerned. All advertising material will be supplied to YPL on a non returnable basis. The customer shall ensure that such materials are legitimately forwarded to YPL. YPL shall assume no responsibility over the legitimacy of such material. In the event that the customer is not the proprietor of such material or is not authorized to possess, handle, forward or utilize said material, as a result of which YPL may suffer any costs or damages, the customer hereby undertakes to indemnify YPL with all costs and damages sustained.
15. The Customer or his Agent shall keep YPL indemnified from and against all proceedings, claims, demands, damages, fines, costs, expenses and charges taken, made or awarded against YPL or its employees or agents arising out or in connection with any Advertisement including actual alleged or inadvertent defamation, mis-description, false trade description of goods and services offered, error/omission or infringement of copyright, trade mark, service mark, design right or privilege.
16. The Customer warrants that he is duly qualified and/or authorised to engage in the business or profession described in the classification (Heading) designated. The customer further warrants that he is the owner of any copyright material, brand name, trade mark, service mark or logo (“material”) to be incorporated into the Advertisement, or as the case may be, that he has been duly authorised by the rightholder of such material to engage in the business or profession described in the classification (Heading) designated, The customer hereby assumes full responsibility for such material, and exonerates YPL from any liability caused by such material, holding YPL harmless against any claims that may be directed towards it by third parties, and undertaking to indemnify YPL for any damages and losses suffered in this regard.
17. The customer shall not transfer all or part of the product to third parties in any manner and under any title whatsoever, nor shall it grant or allow unauthorised third parties the use of all or part of the product.
18. The customer shall make use of the product in a legitimate manner, and hereby undertakes in favour of the company to observe all laws applicable while this agreement shall remain in force. The customer shall not alter or in any way modify or copy or reproduce all or part of the product. In particular, the customer is hereby prohibited from altering or removing any copyright notice or proprietary legend contained in or on the product.
19. The customer shall assume full responsibility for the use of the product, regardless of whether such use is permitted under these terms and conditions or not. The customer shall indemnify the company for any and all liability and/or losses it may suffer as a result of the use of the product, be it authorised or not.
20. It shall remain the sole responsibility of the customer to ensure that the placing of an advertisement, or the featuring of his trade or business on the YP, shall at all times be compliant with all laws and regulations applicable to said trade or business. The customer hereby holds YPL harmless for any liability or loss it may suffer as a result of such infringement. In the event that YPL, for any reason whatsoever, shall suffer any liability or loss consequent to the customer’s failure to comply with any such law and regulation, the customer shall immediately indemnify YPL with all losses incurred, together with related charges, including all legal costs and fees.
21. Once the website is booked, approved and published, product is not exchangeable. Should the client wish to take ownership of the domain, this is allowed at no charge.
22. If the website is cancelled during the time between booking and the approval stage, the domain will be cancelled but this will not be transferred to the client. If the client would like to keep the domain, arrangements must be made to purchase it from Go Daddy. ICANN rules state that no transfers can occur before 90 days have lapsed after a domain is purchased.
23. YPL will take care of contacting the client to get their approval by email or on the proof by post.
24. The company reserves the right to terminate the service if the customer has breached any or all of these terms and conditions, or is being wound up or becomes insolvent or enters into liquidation, receivership, administration, voluntary arrangement or other composition with creditors or some analogous event in each case, other than for the purposes of a solvent reorganisation.
25. Upon termination, however this may come about, the product is to revert to the company, which shall be entirely free to use or dispose of it as it may deem fit.
26. In the event that the customer attempts to terminate the service prematurely, or otherwise abandons the product, without any valid reason under this agreement, the company may opt to either continue the service under the same terms and conditions until its termination date, or to surrender the product unto the client.
These terms and conditions shall be read and construed in conjunction with the terms and conditions on the advertisement order.