Standard Terms & Conditions (Private Sales)

 This website EazyAutoAds.com is owned and operated by Eazy Auto Ads Ltd.

 All Advertisements are subject to the approval of EazyAutoAds.com, who reserve the right to amend, refuse, withdraw or otherwise deal with any information submitted. Whilst every effort is taken, EazyAutoAds.com will not be liable for any loss occasioned by the failure of any advertisement not to appear, nor does it accept responsibility for any administrative or photographic errors. Advertisements once submitted cannot be cancelled or money refunded. Any advertisement once submitted with EazyAutoAds.com will be deemed an acceptance of these conditions. All advertisements are billed in pounds sterling at the price as indicated at point of payment. All advertisements must be pre-paid and will remain live on the EazyAutoAds.com website and all affiliated websites (subject to tariff) or until otherwise deleted by the advertiser. All advertisements linked to affiliated websites will remain listed on those web sites for a period of 2 calendar months from the date of first listing their advertisement with EazyAutoAds.com.  The advertisement copy provided by the advertiser must be legal, descent, truthful and comply with the British Code of Advertising Authority and EazyAutoAds.com may amend the advertisement copy to ensure compliance with such requirements. EazyAutoAds.com is not able to verify the truthfulness of any statements as made by the advertiser in the advertisement copy and cannot be held responsible or liable to any third party claims. EazyAutoAds.com allow the advertiser to support the sale of their vehicle with an unlimited number of free photographs (as supplied by the advertiser) for the purpose of the advertisement, EazyAutoAds.com reserve the right not to include any or all photographs if the quality is not suitable or of a sufficient standard. All intellectual property rights in any copy, artwork, photographs and other materials, which the EazyAutoAds or its employees, contractors, agents or associated companies have created or altered, shall vest with EazyAutoAds. To the extent that any intellectual property rights are not automatically vested in EazyAutoAds, the advertiser assigns to the publisher all such rights in all copy, artwork, photographs and other materials comprised in any/all advertisements hosted by EazyAutoAds.com. Where EazyAutoAds.com makes any changes to an advertiser’s advertisement, EazyAutoAds.com are not required to contact the advertiser to explain the reasons for those changes. EazyAutoAds.com liability for breach of contract or negligence will not exceed an amount equal to the maximum price of the advertisement £14.95 (Fourteen Pounds and Ninety Five Pence). EazyAutoAds.com reserve the right to request verification of ownership, prior to accepting an advertisement. All advertisements placed can only be supported by 2 contact telephone numbers (one Land-Line and/or one Mobile number). Each advertisement as submitted by the advertiser must represent one vehicle or one item as submitted, any advertiser considered or proven to be in breech of this condition or is considered to be acting as an unregistered trader, will have their advertisement withdrawn from the eazyautoads web site and will be excluded from all future use of this site. No refunds will be considered for the cancellation and or withdrawal of any advertisement, as made by either the advertiser or Eazy Auto Ads ltd.

This website EazyAutoAds.com is owned and operated by Eazy Auto Ads Ltd.

 1. Definitions

1.1    In these terms and conditions: "The host" means Eazyautoads LTD, the "Advertiser" means the person / Firm or company who is the advertiser of the car / van/ caravan / motorcycle or other goods (the Vehicle). Whether such person, firm or company is a dealer, broker or advertising agency or any other representative acting on such dealers or brokers behalf. An "order" means an order for the publication of an advertisement on the Easyautoads website, an "Advertisement" means the copy / artwork and where relevant a photograph comprising the subject matter of an order.

1.2    Trade account means the person, firm or company who registers a trade account with the host for the purpose of advertising cars / vans / caravans / motorcycles or other goods (the Vehicle). The trader agrees to purchase advertising space for a number of advertisements, duration and frequency at the rate as indicated with the relevant subscription package. On subscription, the trader is granted permission to utilise the management software as provided by the host in accordance to the conditions of its use. the advertiser agrees to use all reasonable endeavours to comply with such conditions.

2. Advertiser account (Trade Account)

2.1    The Advertiser agrees upon opening a trade account with the host, to make monthly subscription payments to the host at the rate as indicated in the relevant order and throughout the duration that the account remains open. 

2.2    The accounting period for all account holders is based on a calendar month and charged at the rate of  £50.00 (Fifty Pounds)

2.2    The Payments are to be made monthly in advance of each accounting period via our online payment provider (NOCHEX); no other method of payment will be accepted without the prior written consent of the host.  Any/all alternative methods of payment as agreed by the host, must have been received and cleared by the host at least 5 days prior to the first day of each accounting period.

2.3    The monthly subscription package is based on an unlimited number of vehicles, all of which can appear live on the host web site at any one time, the upload of vehicles to Fish4 and all associated services are subject to a maximum of 50 vehicles per calendar month and will remain live on a hold till sold basis. The advertiser can store any number of vehicles using the management software as provided by the host. The advertiser is responsible for controlling the vehicles they wish to appear live on the host site and wich vehicles they wish to be uploaded on to the Fish4 and associated websites from within their database on a daily / weekly / or monthly basis. For the avoidance of doubt, charges are not waived if no stock is submitted in any callendar month.

2.4     Each account is for the sole use of the account holder and it’s registered premises. All advertisements placed can only be supported by 2 land-line telephone numbers that represent the named trader and it's registered premises. All advertisements as submitted by the advertiser must represent the vehicles soley for sale on the premises of the registered trader or considered to be in the ownership of the registered trade account. Any trade account holder considered or proven to be in breech of this condition or is considered to be acting in a cross networking of vehicles between other vehicle traders (whether registered with eazyautoads or not), will have their Account suspended and /or terminated.    

3. Copy / Photographs

3.1    The Host may refuse or may edit any advertisement at any time so as to comply with legal or moral obligations placed on either party; to avoid infringing third party rights, the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority or any relevant legislation; to respond to any complaints; or to correct clerical errors or technical inaccuracies that may appear from time to time. Copy may be amended at any time by the advertiser providing it conforms to the above legislation(s). The advertiser may include up to 4 photographs with each individual advertisement free of charge, however the host reserves the right at its sole discretion not to include any / all photographs in the relevant advertisement.  It is not permitted for the advertiser to include any photographs, which may include any living person, where this person(s) may be identifiable.

 4. Advertisers Obligations and Warranties

 4.1    The advertiser agrees that any questions and complaints regarding any advertisement or vehicle offered by the advertiser are the exclusive responsibility of the advertiser.

4.2    The advertiser agrees that all copy and photographs where possible, will only be submitted / updated using the management software as provided by the host. Other methods of copy will only accept by way prior agreement with the host.

4.3    The advertiser contracts with the host as a principal (notwithstanding that the advertiser may be acting as an advertising agent or in some other representative capacity. In which case, the advertiser warrants that it is authorised to place the advertisement with the host).  

5. Payment

5.1    All payments are due monthly in advance.

5.2    The advertiser agrees to pay the host monthly subscription payments at the prevailing rate (£50.00 Fifty Pounds) per calendar month on or before the due date of each accounting period (01 Day of each Calendar month) as specified by the host. If the advertiser fails to make payment by the due date then all monies owing by the advertiser to the host shall immediately become due and payable. The advertiser shall not be entitled to offset payment for any accounting period for any reason.   

5.2    All payments are to be made via the host’s online payment provider NOCHEX (no other method of payment will be accepted without the prior written consent of the host).  All payments as agreed by the host, must have been received and cleared by the host at least 5 days prior to the first day of each accounting period. A cheque shall not be treated as discharging the sums owing until it has been cleared. For the avoidance of doubt, charges are not waived if no stock is submitted in any callendar month.

5.3    When a sum owing has not been paid on the due date or by the first day of the new accounting month a surcharge of 8% above base rate may be charged in accordance with the Late Payment of Commercial Debts (Interest) Act 1988 and related secondary legislation as amended or re-enacted from time to time and the host shall be entitled to suspend the advertisers account until such time as payment has been received in full.  

5.4    In the event of an account being suspended by the host, payments for the current month and all preceding months will remain due and payable.

6.1    The Host shall have the right to change its monthly subscription rates at any time. If the host changes such rates (in an upwards only review) during the term of any Agreement, the new rate shall not apply for a period of 8 weeks from the date of first notifying the advertiser of such change. This clause becomes excempt to all advertiser that acquired their account through any promotional or free offer provided by the host.

7. Intellectual Property Rights

7.1    All intellectual property rights in any copy, artwork, photographs and other materials, which the host or its employees, contractors, agents or associated companies have created or altered, shall vest in the host. To the extent that any intellectual property rights are not automatically vested in the host, the advertiser assigns to the publisher all such rights in all copy, artwork, photographs and other materials comprised in any/all advertisements hosted within the advertisers management software, including without limitation, copyright in photographs previously submitted.

8. Cancellation and Termination

8.1    All new accounts are subject to a minimum contract term of 12 (Twelve Months) The advertiser may cancel an account by way of written notice to the host by giving the minimum notice period of three calendar months.  (No account can be cancelled or suspended within the first six months of conception.

8.2    An advertiser can opt to freeze their account (suspend) at any time after the first three months, by doing this the advertiser continues to hold an in-active account with the host and therefore would not encur a re-joining fee, should the advertiser wish to re-activate their account with the host at a later date (the maximum period that any account can be suspended for is 3 calendar months). In all cases where an advertisers account is frozen (suspended) the advertiser will incur a standard administrative fee not exceeding £10 per calendar month.

8.3    The host shall be entitled to terminate this agreement forthwith on the giving of notice by telephone/fax/e-mail or letter to the advertiser and further reserves the right in its sole discretion to refuse to publish any advertisement where:

8.3.1    The advertiser ceases or threatens to cease to carry on its business.

8.3.2    The advertiser (being a company) is unable to pay its debts within the meaning of s.123, insolvency act 1986 or a proposal for any other composition, scheme or arrangement with (or assignment for the benefit of) its creditors or a receiver, administrator, administrative receiver, trustee or other similar officer is appointed over any of its property assets or a meeting is convened for the purpose of considering a resolution or other steps are taken for winding up the advertiser (whereby the presentation of winding up petition or otherwise or for the making of an administration order, other than the purpose of solvent amalgamation or reconstruction).

8.3.3    The advertiser (being an individual/sole trader) is unable to pay his/her debts within the meaning of s.268, insolvency act 1986, is declared bankrupt, has a petition presented against him/her, or makes an arrangement or compromise for the benefit of his/her creditors where the pursuant to part VIII of the insolvency act or otherwise.

8.3.4    The advertiser (being a partnership) is unable to pay its debts or a petition is presented for its winding up under the provisions of the insolvent partnership order 1994, whether or not involving individual insolvency proceedings against the advertisers partners and presented by creditors or by the partners themselves or such petition is presented against it in conjunction with bankruptcy or individual insolvency or petitions against any partner, or if the advertiser enters into any composition, scheme or arrangement, or voluntary arrangement including its business and assets, or the share of any partner, or in the event of any action for a partnership account and/or winding up, or disillusion of the advertiser under the partnership act 1890, or if any of the states of affairs or events described in clause 8.3.3 occur in relation to any partner, or the advertiser is refused credit by another partner company of Easy Auto Ads Ltd.

9. Liability and indemnity. The host has the right at its discretion to decline entry, or to omit/suspend, change the size, quality, colouring, and presentation or reclassify any advertisement otherwise accepted for up-load. The hosts’ liability for errors is not accepted beyond the first live up-date of the advertisement, although the advertiser may alter any advertisement at any time after its first live up-date.

9.1    Subject to clause 9. 4 below, the host shall not be liable to the advertiser:

9.1.1    For any loss or damage suffered by the advertiser out of, or in connection with any total, or partial failure to host the advertisers’ advertisement as scheduled to appear.

9.2.2    For failure of the host to up-load any/or photographs of any vehicle, whether relevant photograph was taken by the advertiser and uploaded by the advertiser, via their personal management software.

9.2.3    For the loss of copy, artwork, photographs, logos or other materials, which the advertiser has provided the host when enlisting a new vehicle onto their management database.

9.2.4    In contract, tort (including without limitation negligence) statutory duty or otherwise arising out of or in connection with these terms and conditions for (a consequential, indirect or special loss or damage, (b) any loss of goodwill or reputation (c) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings) in each case whether advised of the possibility of such loss or damage and however so incurred.

9.3    Subject to clause 9.4 below, the total liability of the host in contract, tort (including without limitation negligence) statutory duty or otherwise arising out of, or in connection with the agreement.

9.4    Nothing in the agreement is intended to exclude or restrict any liability the parties may have for death or personal injury, or for fraud.

9.5    The host agrees to indemnify and keep the publisher fully indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising out of, or in connection with any breech of the agreement by the advertiser, any third party complaints made, or claims brought against the host in respect of any advertisement or vehicle and for any claim that was used by the host of any copy, art work, photograph, logo or other materials provided by the advertiser infringes any third party intellectual property rights.

10 General:

10.1    It is the responsibility of the advertiser to make it clear in the advertisement that the advertiser is selling goods in the course of a business in compliance with the business advertisement (disclosure) Order 1977 and failure to comply is an offence for which the advertiser may be prosecuted.

10.2    The advertiser may not assign or transfer the agreement without the prior written consent of the host. The advertiser may not sell, rent or otherwise permit any third party to use any advertising space provided to the advertiser, whether as part of an order or otherwise where two or more persons are named on the agreement as the advertiser’s, their liability shall be joint and several.

10.3    If one or more of these terms and conditions are found by any competent authority to be invalid, unlawful or otherwise unenforceable, then such terms and conditions shall be served from the remaining conditions which shall continue to be valid and enforceable to the fullest extent permitted by English law.

10.4    The agreement, which incorporates these terms and conditions, shall be governed by and construed in accordance with English law and the parties hereby irrevocably submit to the exclusive jurisdiction of the English courts.