TERMS AND CONDITIONS OF SERVICE TO ADVERTISERS ON
1.1 "Advertiser" means the business which agrees with 100percentplussize.com to use these web facilities;
1.2 "Contract" means the contract between 100percentplussize.com and the Advertiser for the provision of Services incorporating these Terms and Conditions;
1.3 "Services" means the services that the Advertiser agrees to buy from 100percentplussize.com in the form of membership
1.4 100percentplussize.com means 100% People Ltd t/a 100percentplussize.com of 93, Welford Road, Kingsthorpe, Northampton NN2 8AJ that owns and operates 100percentplussize.com
1.5 "Terms and Conditions" means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by 100percentplussize.com;
1.6 "Website" means 100percentplussize.com.
2.1 These Terms and Conditions shall apply to all contracts for the provision of Services by 100percentplussize.com to the Advertiser and shall prevail over any other documentation or communication from the Advertiser.
2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by 100percentplussize.com.
2.3 Any complaints should be addressed to 100percentplussize.com's address stated in clause 1.4.
2.4 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
3.1 All orders for Services shall be deemed to be an offer by the Advertiser to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by 100percentplussize.com. 100percentplussize.com may choose not to accept an order for any reason.
3.2 When making an order to display goods/services through the Website, the technical steps the Advertiser needs to take to complete the order process are described in the Order Process section within the website.
4 PRICE AND PAYMENT
4.1 The price of the Services shall be that stipulated on the Website. The price is inclusive of VAT.
4.2 The total purchase price, including VAT, will be displayed on the Advertiser’s invoice prior to confirming the order.
4.3 After the order is received, 100percentplussize.com shall confirm by email the membership level, description and price for the Services and whether the order is accepted.
4.4 All membership levels must be maintained on a monthly basis or the advertising will be removed immediately
5.1 100percentplussize.com shall begin to perform the Services from the date of Registration.
5.2 100percentplussize.com shall perform the Services with reasonable skill and care. However, where applicable, 100percentplussize.com does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. 100percentplussize.com may have to suspend the Services for repair, maintenance or improvement. If so, 100percentplussize.com will restore them as quickly as is reasonably possible.
5.3 100percentplussize.com may terminate this agreement (as regards some or all of the Services) or suspend some or all of the Services immediately on written notice, if the Advertiser breaches any term of this agreement, and any payment due remains payable and, if already paid, will be non-refundable.
6 RIGHTS OF SUPPLIER
6.1 100percentplussize.com reserves the right to periodically update prices for the Website service , which cannot be guaranteed for any period of time.
6.2 100percentplussize.com reserves the right to withdraw the Services from the Website at any time if 100percentplussize.com considers in its discretion that any material of the advertiser is inappropriate for the content of this website.
6.3 100percentplussize.com shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.
7 AGE OF CONSENT
7.1 Where the Services may only be purchased by persons of a certain age, the Advertiser will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Services.
7.2 If 100percentplussize.com discovers that the Advertiser is not legally entitled to order certain Services, 100percentplussize.com shall be entitled to cancel the order immediately, without notice.
8 LIMITATION OF LIABILITY
8.1 In the event of any breach of these Terms and Conditions by 100percentplussize.com the remedies of the Advertiser shall be limited to damages which shall in no circumstances exceed the price of the Services and 100percentplussize.com shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
No waiver by 100percentplussize.com (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.
10 FORCE MAJEURE
100percentplussize.com shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and 100percentplussize.com shall be entitled to a reasonable extension of its obligations.
11 CHANGES TO TERMS AND CONDITIONS
11.1 100percentplussize.com shall be entitled to alter these Terms and Conditions at any time on not less than 30 days written notice to the Advertiser which has 30 days from the date of receipt of the notice to cancel the contract with 100percentplussize.com, otherwise the changes are deemed as accepted.
11.2 Any renewal of the Services will be subject to 100percentplussize.com's then current Terms and Conditions.
12 APPLICABLE LAW AND JURISDICTION
The jurisdiction and law applicable to this contract is that of England & Wales.