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intobeats Terms and Conditions of Business

Select the appropriate Article of Conditions from the list below.

Conditions of Business for the Advertising of Services and/or Events

Definitions and Interpretation:

  1. 1. In these terms the following words will have the following meanings:
    1. 1.1. "Advertisement" means any Advertisement or Advertisements placed by the Customer on the Website also referred to as "the Advertisement" as may from time to time be altered
    2. 1.2. "Approved" means consented to
    3. 1.3. "Copy" means a draft Advertisement
    4. 1.4. "Contract" means this contract for the sale and purchase of advertising space on the Website
    5. 1.5. "Customer" means any person, firm or company to whom The Company provide their services
    6. 1.6. "End Purchaser" means the customer who purchases the Advertised Product or Service from the Customer
    7. 1.7. "Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service rights, trade business and domain names, rights in trade address or get up rights in goodwill or sue for passing off, unfair competition rights, rights and designs, rights and computer software, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights and or similar or equivalent rights or forms of protection in any part of the world
    8. 1.8. "Company" means intobeats also referred to as "the Company"
    9. 1.9. "Price" means the price payable for the Advertisement
    10. 1.10. "Product" means the product or service advertised by the Customer on the Website for a Price
    11. 1.11. "Publishing" means the display of the Advertisement on the Website
    12. 1.12. "Register" means the Customer signing up as a Customer of the Website by completing an online form. A Customer need only Register once at which time account details will be provided for continual and future use.
    13. 1.13. "Services" means the Advertising of a Product or Services on the Website
    14. 1.14. "Submitted" means the information in the online form being sent to the Company electronically in anticipation of Publishing
    15. 1.15. "Uploaded" means the transport of the Advertisement from the private sector of the Company into the public domain via the Website
    16. 1.16. "User" means any person who has registered with the Website and has account details
    17. 1.17. "VAT" means Value Added Tax chargeable under English Law for the time being and any similar additional tax
    18. 1.18. "Website" means www.intobeats.co.uk
    19. 1.19. Conditions, schedules and paragraph headings shall not affect the interpretation of these conditions
    20. 1.20. "Person" includes the natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives successors and permitted assigns
    21. 1.21. Words in the singular shall include the plural and vice versa
    22. 1.22. Any reference to a statute or statutory provision is a reference to it as it is in force for the time being taking account of any amendment extension or re-enactment and includes any subordinate legislation for the time being in force made under it
    23. 1.23. A reference to "writing" or "written" includes both faxes and e-mails
  2. 2. Commencement and Duration
    1. 2.1. The Services supplied under this Contract shall be provided by the Company to the Customer for the period of months for which the Customer has paid for from the date of the Advertisement being Uploaded to the Website after which time the Advertisement will be removed from the Website and the Contract shall be deemed to have come to an end.
    2. 2.2. The Customer will complete the online form to provide all the information to be included in the Advertisement. The information provided by the Customer will be included in the Advertisement unaltered by the Company.
    3. 2.3. The Services supplied under this Contract shall be provided by the Company to the Customer for a minimum period of 1 month from the date of the Advertisement being Uploaded to the Website and paid for until the promotion has concluded, and duration will be reflected by the Price paid, after which time the Advertisement will be removed from the Website and the contract shall be deemed to have come to an end.
    4. 2.4. By submitting the online form the Customer is deemed to have Approved the Advertisement for Publishing
  3. 3. Obligations of The Company
    1. 3.1. The Company will:
      1. 3.1.1. Maintain the Website
      2. 3.1.2. Use reasonable efforts to make sure the Website is up and running at all times
      3. 3.1.3. Exercise reasonable care in compiling the Website
      4. 3.1.4. Ensure that the Advertisement remains on the Website for the specified period of the Contract
  4. 4. Exclusion and Limitations
    1. 4.1. The Company does not represent or warrant that access to the Website will be uninterrupted or reliable
    2. 4.2. The Company will not be responsible for any inaccuracies in content where the Advertisement has been Approved
    3. 4.3. The Company does not guarantee that there will be any response to any advert paced
  5. 5. Links to Other Sites
    1. 5.1. Certain links including hyper-text links in the Website will give access outside the Website. Links are provided for convenience and inclusion of any link does not imply endorsement or Approval by intobeats of the link site its operator or its contents
    2. 5.2. The Company is not responsible for the content of any website outside the Website
  6. 6. Customers Obligations
    1. 6.1. The Customer shall:
      1. 6.1.1. Co-operate with the Company in all matters relating to the Advertisement
      2. 6.1.2. Include valid contact details for Publishing on the Website with the Advertisement so that any potential purchaser of the Product can contact the Customer direct
      3. 6.1.3. Ensure that it has Approved its Advertisement before it is Submitted to the Company to be Uploaded to the Website
      4. 6.1.4. Guarantee to the Company that it has good title to the Product being Advertised
      5. 6.1.5. To guarantee to provide the Product to the End Purchaser
      6. 6.1.6. Not to impugn the Website by using abusive or insulting language in any Advertisement
  7. 7. Removal of Advertisement
    1. 7.1. An Advertisement may be removed from the Website by the Company for any of the following reasons without notice to the Customer:
      1. 7.1.1. The Contract has come to an end; or
      2. 7.1.2. has been found to be offensive and complaints have been received
  8. 8. Liability
    1. 8.1 intobeats excludes liability (whether arising in contract tort or otherwise) for the following:
      1. 8.1.1. Defects in the Product or Service being sold
      2. 8.1.2. Misrepresentation of the Product or Service
      3. 8.1.3. Failed delivery by the Customer to the End Purchaser
      4. 8.1.4. Good title not being held to the Product
      5. 8.1.5. Non-Payment by an End Purchaser
      6. These are the responsibility of the Customer in full and such Customers should indemnify themselves accordingly
    2. 8.2. The Company shall be under no liability whatsoever to any End Purchaser of goods from the Customer
    3. 8.3. The Company accepts no liability for any matters so far as the Unfair Contract Terms Act 1977 allows exclusion
  9. 9. Intellectual Property Rights
    1. 9.1. No Customer will place in an Advert any Intellectual Property Rights that it has no right to use
  10. 10. Access
    1. 10.1. The Company reserves the right in its sole discretion to deny users access to the Website or any part of the Website without notice and to decline to provide its Services to any person that is in breach of its terms
    2. 10.2. The Company reserves the right to decline publishing any Advertisement for any reason
  11. 11. Payment
    1. 11.1. The price payable will be as advertised and provided in the up-to-date and relevant price list as set out in the relevant page of the site
    2. 11.2. The Price from time to time may alter and such alteration will be advertised on the Website and sent by email to the customer and is deemed to have at that time been incorporated into this agreement
    3. 11.3. Payment is to be made at the time the Advertisement is Submitted and shall be made by PayPal or Cheque
    4. 11.4. No Advertisement will be maintained for the minimum monthly period prior to payment clearing into the Company bank account
  12. 12. Termination
    1. 12.1. The Customer may terminate the Contract at any time by written notice:
      1. 12.1.1. The Company will immediately remove the Advertisement from the Website upon notice being received
      2. 12.1.2. The Customer will not be entitled to a refund
    2. 12.2. The Company may terminate the Contract with immediate effect for any abuse of the Website including but not limited to finding out that the Customer did not have good title to the goods advertised and has failed to deliver goods on more than three occasions
  13. 13. Use of Information
    1. 13.1. The Company may from time to time use the information gathered relating to the Customer during the Register period to inform him of various offers
    2. 13.2. The Customer will have the opportunity to opt out of receiving such information upon being notified of successful registration with the Website
    3. 13.3. The information collected by the Company will not be passed on to any third party and will only be used in connection with marketing the Company's Services
    4. 13.4. If the Company is sold or integrated with another business the Customers details may be disclosed to the Company advisors and any respective purchaser and their advisors and will be passed on to the new owners of the business
  14. 14. Invalidity
    1. 14.1. The invalidity of any part of this agreement for any reason of any condition or part thereof shall not prejudice or other validity or enforceability of the remainder of that condition or the Contract
  15. 15. Waiver
    1. 15.1. The waiver by either party of a breach or default of any provisions of the Contract by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operates as waiver of any breach or default by the other party
  16. 16. Variations
    1. 16.1. The Company reserves the right at any time without notice to revise the contents of the Website and the Conditions. Any change to the Conditions will be posted on the Website and e-mailed to the Customer and continuing use will signify that the Customer agrees to be bound by the revised terms
  17. 17. Governing Law and Jurisdiction
    1. 17.1. The Contract and any disclaimer 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
    2. 17.2. The parties irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Contract or its subject matter
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Conditions of Business for Marketing Campaign

Definitions and Interpretation:

  1. 1. In these terms the following words will have the following meanings:
    1. 1.1. "Approval" means express approval given by the Customer to Upload the Advertisement to the Website or in the absence of any obligation to the Advertisement being notified within seven days of the Advertisement being produced to the Customer, Approval will be deemed to have been given
    2. 1.2. "Campaign" means the Marketing of Services or Products of the Customer via a single Mail Shot
    3. 1.3. "Contract" means this Contract for the Marketing of a Service or Product of the Customer
    4. 1.4. "Company" means intobeats
    5. 1.5. "Customer" means any person firm or company for whom the Company carries out Marketing
    6. 1.6. "Marketing" means the promotion of a Service or Product by the Company for the Customer
    7. 1.7. "Service" means a specific Service or range of Services offered by the Customer
    8. 1.8. "Price" means the price payable to the Company for the Marketing and Company Services of the Company
    9. 1.9. "Product" means a specific Product or range of Products sold by the Customer
    10. 1.10. "Mail Shot" means email sent only to a group of Registered Users or Information Providers of the Website containing Marketing details
    11. 1.11. "Registered User" means a user of the Website with an account number
    12. 1.12. "Information Provider" means a person who has provided personal details for the purpose of providing a product or service
    13. 1.13. "Company Services" means services offered by the Company
    14. 1.14. "VAT" means Value Added Tax chargeable under English law for the time being and any similar additional tax
    15. 1.15. "Website" means www.intobeats.co.uk
    16. 1.16. "Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service rights, trade business and domain names, rights in trade address or get up rights in goodwill or sue for passing off, unfair competition rights, rights and designs, rights and computer software, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights and or similar or equivalent rights or forms of protection in any part of the world
    17. 1.17. Headings shall not affect the interpretation of these conditions
    18. 1.18. "Person" includes the natural person, corporated or unincorporated body (whether or not having separate legal personality) and that person's legal or personal representatives successors and permitted assignees
    19. 1.19. Words in the singular shall include the plural and vice versa
    20. 1.20. A reference to a statute or statutory provisions is a reference to it as it is in force for the time being taking account of any amendment extension or re-enactment and includes any subordinate legislation for the time being in force made under it
  2. 2. Application of Conditions
    1. 2.1. These conditions shall:
      1. 2.1.1. Apply to and be incorporated into the Contract; and
      2. 2.1.2. Prevail over any inconsistent term or conditions contained in any specification or other document supplied by the Company or the Purchaser or implied by legal or trade custom practice or course of dealing
  3. 3. Commencement and Duration
    1. 3.1. The Company shall provide Marketing to the Customer under this contract for a single Campaign
    2. 3.2. The Customer will provide details of the Products and Services for Marketing and the Company will provide a copy of the Mail Shot for Approval
    3. 3.3. The Company will provide a copy Mail Shot for Approval within a reasonable time of instructions being received and Approval will be required by the Customer before the Mail Shot is distribution
  4. 4. Obligations of the Company
    1. 4.1. The Company will:
      1. 4.1.1. Format the Mail Shot for effective distribution
      2. 4.1.2. Ensure that the Mail Shot is sent
      3. 4.1.3. Exercise reasonable care in compiling the Mail Shot
  5. 5. Exclusions and Limitation
    1. 5.1. The Company does not represent or warrant that all Mail Shots will be effectively received by the intended recipient
    2. 5.2. The Company will not be responsible for any inaccuracies in content where the Mail Shot has been Approved
    3. 5.3. The Company does not guarantee that the Customer will benefit from the Marketing Campaign
    4. 5.4. The Company does not accept any responsibility for the failure of external links used in the Mail Shot
  6. 6. Customer Obligations
    1. 6.1. The Customer shall:
      1. 6.1.1. Co-operate with the Company in all matters relating to the Mail Shot
      2. 6.1.2. Provide all relevant details, including contract details for inclusion in the Marketing Campaign
      3. 6.1.3. Approve the Mail Shot before it is distributed
      4. 6.1.4. Not impugn the name of the Company by using abusive or insulting language in any Mail Shot
  7. 7. Liability
    1. 7.1. The Company excludes all liability (whether arising in contract, tort or otherwise) for the following:
      1. 7.1.1. Misrepresentation of a Product or Service
      2. 7.1.2. Incorrect details being included in the Mail Shot
  8. 8. Intellectual Property Rights
    1. 8.1. No Customer will use or attempt to use Intellectual Property Rights that it has no right to use
  9. 9. Price
    1. 9.1. The Price for Marketing Campaigns is detailed in the relevant section of the website
    2. 9.2. Unless otherwise stated all prices exclude VAT
  10. 10. Payment
    1. 10.1. Payment shall be due upon receipt of an invoice from the Company to the Customer. Payment of all invoices are due within 30 days of the issue date.
    2. 10.2. If payment is late the Company may charge interest on unpaid amounts at the annual rate of 4% above the base rate of HSBC Bank plc from time to time in force
    3. 10.3. The Customer may not withhold or set off any amounts for any reason against the Price due under the Contract
    4. 10.4. Payments received by cheque or other credit transfer shall not be deemed to be paid until they have been honoured and credited to the Company bank account
  11. 11. Invalidity
    1. 11.1. The invalidity of any part of this agreement for any reason of any condition or part thereof shall not prejudice or effect the validity or enforceability of the remainder of that condition or Contract
  12. 12. Waiver
    1. 12.1 The waiver by either party of a breach or default of any provisions of the Contract by the other party shall note be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the apart of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operates as a waiver of any breach or default by the other party
  13. 13. Variations
    1. 13.1 The Company reserves the right at any time without notice to revise the contents of these conditions. Any changes will be e-mailed to the Customer and continuing instruction will signify that the Customer agrees to be bound by the revised conditions
  14. 14. Governing Law and jurisdiction
    1. 14.1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matters shall be governed by and construed in accordance with the law of England and Wales
    2. 14.2. The parties irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any disputes or claims that arise out of or in connection with this Agreement or its subject matter
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