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Copyright © 2024 www.bermudayp.com
All Right Reserved
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Our Terms and Conditions of Business (“Terms”) apply when we provide Advertising Services (as defined below). In these terms, we have used "we" or “our” for Bermuda Yellow Pages Limited, "you" for our advertising customer, “Directory” or “Directories” for any printed and electronic compilation of listings and advertisements including but not limited to the Bermuda Telephone Directory®, “Electronic Directory” for the Internet, CD-ROM or other electronic versions of our Directories, “Printed Directory” for the printed versions of our Directories, "Advertising Services" for everything we do in connection with publishing our Directories including but not limited to Buttons, and “Advertising” for advertising you submit to us (whether or not we have assisted in producing or produced the advertising) for publication, “Button” or “Buttons” for any interactive web buttons allowing, but not limited to, redirection, audio, video, on-line shopping, e-mail and push-to-talk toll free call services and “Listing” for any text listing of your name, address and contact details.
In consideration of your payment of our fees, we will publish the Listing and/or Advertising once in the annual publication of the Printed Directory that follows your submission of information for the Listing and/or Advertising. We may also, at our sole discretion, publish the Listing and/or Advertising in any other of the Directories in addition to the Printed Directory. In the event that we publish the Listing and/or Advertising in the Electronic Directory, the Listing and/or Advertising shall be published for an initial period of one calendar year from the date it is uploaded into the Internet directory.
We will require a signed, written order from you (“Advertising Contract Order”) and 50% deposit payment, to be received immediately upon signing the Advertising Contract Order before we will provide any Advertising Services. We will assume the person signing an order has your authority to place the order. We reserve the right not to accept any order. We need to receive your Advertising Contract Order before the publication deadline for our Printed Directory which is 26 March of each year (“Publication Deadline” also known as the “Rate Card Close Date”) but your Advertising Contract Orders for our Electronic Directory can be made at any time.
We may send you a schedule indicating acceptance of your Advertising Contract Order (“Advertising Schedule”). The Advertising Schedule may contain an artwork proof for you to check whether you want any minor adjustments made. You must advise us in writing (so we know the request is authorised) of any requested adjustments within 7 working days after we send you the proof and we will make the adjustments if practicable. Our rights under clause 8 still apply. Any changes to the artwork must reach us by the Publication Deadline. If you do not contact us within the said 7 working days we shall be entitled to assume that the proofs are correct, that you have no changes and you authorize us to publish the artwork as is.
If you provide us with material to reproduce in an advertisement, the quality of the reproduction will always be determined by the quality of the material provided. Generally a copy is inferior to an original, so we recommend that you provide a professionally created original to our specifications. We can help by creating advertising material for you. When we do this, you agree that we will own the copyright in whatever is produced.
We agree to:
5.1 So that we can meet our responsibilities, you in turn agree to:
5.2 You must compensate us for any loss we suffer, and indemnify us against any liability we incur, resulting from the provision of Advertising Services for you, or you not meeting your legal responsibilities to any of us or to anyone else.
The Advertising and/or Listing as ordered by you will continue indefinitely in both our Electronic Directory and Printed Directory (as updated periodically), unless you cancel it in accordance with clause 7 below. Our charge for any Advertising Services in the subsequent years following the initial period may be different at our sole discretion from the previous year's charge and until you cancel your Advertising and/or Listing, we will bill you annually at our then current rate.
You may cancel any Advertising Contract Order, or any existing printed Listing and/or Advertising, so long as you do so in writing within 30 days from the date that the specific Advertising Contract Order is signed (“Cancellation Date”). We may charge you for any creative work we have already done at your request up to the date we receive your written notice of cancellation.
Any cancellation notice we receive after the Cancellation Date for a Printed Directory or in the current sales campaign (even if we receive it before the publishing deadline) will not take effect for the next Directory but will take effect for the subsequent Directory.
We will normally send you a new Advertising Contract Order form with your existing details already set out, as a reminder.
You may cancel an existing Electronic Directory listing and/or advertisement by giving us written cancellation notice at any time. We will delete it as soon as is reasonably practicable. Any separate charge for the Electronic Directory listing and/or advertisement will stop from the end of the billing month in which we receive the written cancellation notice.
You must pay our charges for the Advertising Services we provide for you, regardless of whether your business has been sold or closed before we provide them. The charges for our Advertising Services are due and payable within 30 days of the date of our invoice. Charges for Advertising Services provided in any Printed Directory may be billed annually or in periodic installments. Our charges for Advertising Services only provided in any Electronic Directory are calculated and billed monthly. If you have booked your Advertising through an agent you will be liable to us for those advertising charges if the agent does not pay for any reason (even if you have already paid the agent).
If you do not pay our charges by the due date shown on the account:
We may allow you a reduction for Advertising Services we provide for you in consideration of you purchasing those services over a term greater than one year (“Long Term Agreement”). If you cancel any Long Term Agreement with us then the full amount of the Advertising Services without any reduction becomes payable immediately.
We reserve the right to withdraw or terminate any Advertising Services at any time, including but not limited to us withdrawing any of our Directories or redefining the distribution area covered by our Printed Directory. Some types of Advertising Services such as web site banners and headlines are suitable only for our Electronic Directory. We may also withhold, suspend, restrict or terminate any Advertising Services at any time if you do not meet a responsibility of yours under these Terms or we consider your Advertising Contract Order is unauthorised.
We may edit or refuse to publish any Advertising, Listings or any other material at any time if we consider it to be unauthorised, in breach of our advertising policy, misleading, offensive, defamatory, illegal or detrimental to the standing of our Directories in the community. We will try to contact you before doing any of these things but we are under no obligation to do so.
We do not guarantee any particular placement of advertisements on any page in any Directory. We place all advertisements randomly under each classified heading, or as close as possible to the heading you have requested. In the event that an advertisement is placed on a page of any Printed Directory, an anchor listing will be placed beneath your business listing indicating the location of the advertisement.
We do not agree that any service we provide will be continuous or fault-free and we may suspend or restrict any electronic Advertising Services at any time if we think it reasonable or necessary. Normal charges continue to apply during any suspension or restriction.
We may include our trade marks and copyright notices in all Directories in which we publish your listings and advertisements. This does not mean we endorse you or your products or services. We are not your agent and are not involved, on behalf of either you or Directory users, in any dealings resulting from use of our Directories. You must communicate and deal with users directly to complete transactions or resolve any problems arising from them. You have sole responsibility for any risks associated with your dealings with users.
We do not accept responsibility for accidental errors, omissions, misplacements or other irregularities in listings or the Directories’ contents, or for any loss incurred thereby.
If you think that we have not met a responsibility we have to you, you must give us notice in writing. You must give us this notice within 60 days after publication (first distribution of the Directory in question to the public) containing your listing and/or advertisement (“Credit Period”). After the expiration of the Credit Period, we will not accept any claim or claim for credit from you.
If we find that we have not met any responsibility we have to you, we will discuss with you the various ways we can help you. We may give you either a credit to your account with us for an amount we think is appropriate in our sole discretion or, at our option, non-monetary assistance. The credit or alternative non-monetary assistance is available only once for mistakes relating to a particular listing or advertisement and its value is limited to a maximum of our charge to you for providing the particular Advertising Services and is in full satisfaction of any claim you may have against us.
If an error should occur in any display advertising in our Printed Directory, we will consider giving you a credit at our discretion, according to the following schedule:
No credit is available for any free listing or advertisement as you did not pay for them.
No credit is available for Electronic Directory mistakes, as we can fix those promptly.
If, after discussing the issue with you, we consider that we have met our responsibilities, we will explain in writing why we consider this is so. You must still pay any outstanding charges by the due date.
We have already set out your rights to compensation if we do not meet our responsibilities to you. We now exclude all other liability we may have to you.
SAVE AS EXPRESSLY PROVIDED HEREIN, IN NO CASE WILL WE, OR OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD-PARTIES:
TO THE MAXIMUM EXTEND PERMITTED BY LAW, ANY EXPRESS WARRANTY AND ANY WARRANTY OR REMEDY WHICH MIGHT ARISE BY IMPLICATION OR OPERATION OF LAW IS HEREBY EXCLUDED AND DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
THIS LIMITATION OF LIABILITY APPLIES WHATEVER YOU ARE CLAIMING FOR INCLUDING BUT NOT LIMITED TO CLAIMS BASED ON CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, LOSS OF PROFITS OR LOSS OF BUSINESS.
You agree that we may collect information about you and your business. The information may be obtained from you and others, or generated from equipment used to provide our services when you and anyone else uses our services. You may decide whether to provide any information we seek from you. However, if you do not provide it, we may not be able to provide Advertising Services for you.
You may ask to see information we hold about you, so long as we can readily retrieve it, and ask for any details that are wrong to be corrected. We may hold the information and share it with other affiliated companies, with our directors, officers, employees, contractors, agents and customers, with collection agencies and with credit reference agencies, so as to provide services or information to you and others, send you bills, recover money you owe and keep you informed of services available to you.
You are responsible for keeping confidential any PIN number or password used by or allocated to you. We may assume that any request or instruction we receive is authorised by you if it is accompanied by suitable verification (for example, your billing account number, PIN number or password).
These Terms supersedes all prior communications, transactions, and understandings, whether oral or written, with respect to the subject matter hereof and constitutes the sole and entire Terms between you and us pertaining to the subject matter hereof. There shall be no covenants, conditions, warranties, representations, terms or provisions, express or implied, relating thereto except as herein set forth.
You may transfer all (but not part of) your rights and responsibilities under these Terms to someone else so long as we have received the transferee's written acceptance of responsibility and given you our written consent.
If any part of these Terms or of any other agreement, document or writing given pursuant to or in connection with these Terms shall be invalid or unenforceable under applicable law, said part shall be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of these Terms or other agreement, document or writing and the parties hereby agree to negotiate in good faith with respect to any such invalid or unenforceable part to render such part valid and enforceable to the fullest extent legally possible.
No delay or failure to exercise a right under these Terms prevents the exercise of that or any other right on that or any other occasion. A waiver can only be in writing and applies only to the right and on the occasion specified in the waiver.
The terms and provisions contained in these Terms that by their sense and context are intended to survive the performance thereof by the parties hereto shall so survive the completion of performance and termination of the Bermuda Yellow Pages Advertising Order agreement, including, without limitation, provisions for indemnification and the making of any and all payments due hereunder.
All our Advertising Services are provided in Bermuda and under Bermuda law. You and we agree that the courts of Bermuda will have exclusive jurisdiction to determine any matter related to these Terms.
We may send notices to you at the last postal address, last fax number or last email address you have given us. You acknowledge that it is your responsibility to inform us of any changes to your contact details. Notices or when advising us of a change to your contact details, should be sent to us as follows:
by mail to:
Bermuda Yellow Pages Limited
Suite 607, 12 Church Street
Hamilton, HM 11
or:
26 Victoria Street
Hamilton HM 11 Bermuda
or by fax to:
+1 441 296 0216
or by email to
gtaylor@bermudayp.com
Both you and we can assume that any notice sent by mail has been delivered 5 days after it is posted. Any notice given by fax or email is delivered when transmission is successfully completed if that is before 5 p.m. on a weekday or, if not, then on the next weekday.
Our Terms and Conditions of Business are set out on the back of all printed Advertising Contract Order forms as well as on our web site at www.bermudayp.com . We may change Our Terms and Conditions of Business by changing or removing existing terms or adding new ones, at any time. Any change we make applies from the date one month after we publish it on our web site atwww.bermudayp.com in relation to any printed or electronic Advertising Services you ask us to provide after that date, any electronic Advertising Services we have already agreed to provide by that date and any republication after that date of an existing printed listing or advertisement.
Any other change to our Terms in a particular agreement is effective only if signed by the General Manager of Bermuda Yellow Pages Limited.