Cost-Per-Click (CPC) Terms and Conditions

This statement of Rights and Responsibilities ("The Statement") governs the relationship between advertising “affiliates” of Compare Care Homes ("The Site") and Peolsford Ltd. It also sets outs the Rights and Responsibilities of both parties, and how the content of the website will be managed. Unless the context otherwise requires, references in this statement: to "person" or "third party" or “affiliate” include any individual, company, corporation, firm, partnership, joint venture, association, organisation, institution, trust or agency, whether or not having a separate legal personality; to one gender include all genders, and reference to singular include the plural and vice versa; to any statute, statutory provision or regulation, are references to that statute, statutory provision or regulation, as from time to time amended, extended or re-enacted.

1. Provision of Advertisement Services by Peolsford Ltd

Peolsford Ltd agrees to provide “The Services”, in the form of online advertisements, to the Affiliate, in accordance with the terms and conditions of this agreement, for the purposes of promoting the location and services offered by the care homes that are owned, managed or associated with the Affiliate.
In carrying out the Services Peolsford undertakes to the affiliate that it shall use its reasonable endeavours to undertake the Services in accordance with good web-based practice and within the time period agreed between the Parties and at all times exercising reasonable skill and care.
Nothing in the Agreement implies that Peolsford Ltd will provide services of this type for the Affiliate exclusively.
The Affiliate shall provide Peolsford Ltd, in a timely manner, with all such information and materials as are necessary for Peolsford Ltd to carry out the Services and/or provide the required information in accordance with this Agreement and the Affiliate warrants that all information provided by it or on its behalf to Peolsford Ltd will be accurate.
The Affiliate warrants that it has the necessary rights and is entitled to use or disclose for the purposes of the Services all Intellectual Property transferred by it to Peolsford Ltd for the purposes of carrying out the Services.

2. Advertisement Content

The affiliate will not post any content that is hateful, threatening, pornographic, contains nudity, or violence.
The affiliate will not post any content that is distressing or which portrays people in an undignified manner.
The affiliate will not use the site to do anything unlawful, misleading, malicious or discriminatory.
The affiliate will not collect users information, or otherwise access Compare Care Homes, using automated means (such as harvesting bots, robots or scrapers) without our express written permission. The data within this website is marked in a particular manner so that any attempt at copying any part of our database can easily be detected and the appropriate action taken, including legal action and or prosecution wherever necessary.
The affiliate will not upload viruses or malicious code.
The affiliate will not encourage or facilitate any violations of this Statement.
The affiliate will keep contact information accurate and up-to-date.
The affiliate will not share password or log-in details with anyone outside of the affiliate’s organisation, and you will not do anything else that may jeopardise the security of your account.
The affiliates information submitted shall be factually accurate and verifiable. The affiliate undertakes not to submit information that is deliberately misleading.

3. Payment of Advertisement Costs

Peolsford Ltd reserve the right to refuse any application for inclusion on the site, or remove existing advertisements from the site, where Peolsford Ltd deem, at their sole discretion, that the credit rating, or ability of an affiliate to pay for advertisement services, has been detrimentally affected or is likely to be detrimentally affected.
The due date for payment of advertisement costs will 30 days after the date stated on the invoice.
Where payment is not made on the due date, whether credit facilities have been allowed or not, and without prejudice to any other rights which the Affiliate may have arising from non-payment, the following rules shall apply:-
- Peolsford Ltd may charge interest on the overdue amount at the rate of 2% per calendar month, calculated from day to day and compounded on a calendar monthly basis from the date the payment becomes due until the date Peolsford Ltd receives full payment.
- Peolsford Ltd may treat any or all other agreements with the Affiliate as repudiated without prejudice to any other remedies the Affiliate may have in respect of the non-payment.
- Peolsford Ltd may refuse to supply any other goods or services to the Affiliate until all payments due or deemed due pursuant to this clause including any interest accrued under paragraph (a) above have been satisfied.

4. Definitions

By "the Site" we mean the features and services we make available through our domain address www.comparecarehomes.com, including any sub-domains or linking domains.
By "us", "we" and "Our" we mean comparecarehomes.com, which is a trading name of Peolsford Ltd, and its affiliates.
By "Content" we mean the information that you post on www.comparecarehomes.com
By "Contract" we mean the agreement between the affiliate and Peolsford Ltd and its content.
By "Care home Manager", we mean the representative of a care home that uploads information into our database.
By “Affiliate”, we mean a person, organisation or company that enters into this contract to advertise pm the site in order to target or promote to customers.
By “cost-per-click” (CPC) or by “pence-per-click” (PPC) we mean the price that the affiliate pays whenever a site visitor clicks on a hyperlink.
By “cost-per-impression”, we mean the price you pay, you pay whenever your ad is displayed, whether a click occurs or not.
By "VAT”, we mean UK value added tax.
By “Due Date” we mean the date on which payment of advertisement costs becomes due, as stated on the invoice.

5. Liability for Content

You may not transfer your rights and responsibilities under this agreement to any other third party without our prior written consent.
We are not a care home provider. We provide a service that enables you to compare a number of care home services offered.
We make no representations or warranties of any kind in respect of the website or its contents and disclaim all such representations or warranties. In addition, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics on the site. The information contained on the website may contain factual inaccuracies or typographical errors. All of our liability howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Neither we, nor any of our employees, or other representatives, will be liable for loss or damage arising out of, or in connection with the use of the website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation), compensatory, direct, indirect or consequential damages, loss of data or information, income or profit, loss of, or damage to property in claims of third parties.
Notwithstanding the above, none of the exclusions or limitations contained in these terms and conditions are intended to limit any statutory rights that you may have as a consumer which may not be limited or excluded in any way.

6. Breaches of this Agreement and Termination

Either party may terminate the agreement immediately, with notice, if the other commits a material breach of the Terms and Conditions which cannot be remedied.
We reserve the right to temporarily suspend any care home record(s), following a complaint or negative media coverage, of a serious nature, relating to the services offered by that care home. Before doing so, we will notify the care home manager in writing to explain our reasons for doing so.
We will determine whether there has been a breach of the terms and conditions through your use of the site. If a breach of these terms and conditions has occurred, then we may take such action as we deem appropriate including denying you access to the website, bringing legal proceedings against you and disclosing such information to such legal or regulatory bodies as we feel appropriate.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any region or country in which these terms are intended to be effective, then to the extent & within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed & deleted from these terms & the remaining terms shall survive, remain in full force & effect & continue to be binding & enforceable.

7. Dispute Resolution

Disputes relating to the accuracy of the cost-per-click totals displayed on the invoice shall be made to Compare Care Homes in writing within 30 days of the due date. Upon receipt of a written complaint, Peolsford Limited shall investigate the accuracy of the data contained on its servers and confirm the total number of clicks for the billing period.
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, or a dispute still exists following an investigation into the accuracy of cost-per-click totals, then the Affiliate agrees to attempt to settle any dispute for invoices exceeding a total of £1000 by engaging in good faith with Peolsford Ltd in a process of mediation before commencing arbitration or litigation. Where arbitration is entered into, the Affiliate agrees to submit to the jurisdiction of the Arbitration Act 1996.
The contract shall be governed by the laws of England & Wales and the Affiliate agrees to submit to the non-exclusive jurisdiction of the English courts.