1. Definitions
1.1 In these Conditions the following words shall have the following meanings:-

"Advertiser" means the party placing an order with PARK for an Advertisement and includes the Advertiser's advertising agency or media buyer

"Advertisement" means the form of advertising which the Advertiser wishes PARK to publish on the Website

"PARK” means Park Website Management Limited "these Conditions" means these terms and conditions

"Rate Card" means PARK's rate card from time to time in effect

"Website" means www: firstforfrance.com

"Item" means any object or set of objects or services which the Advertiser wishes to advertise on the Website

"Services" means the provision of an Advertisement on the Website

"Sterling" means pounds sterling of the United Kingdom

"Francs" means French Francs of the Republic of France

"Euros" means the lawful currency of the Member States of the European Union that adopt the single currency in accordance with the relevant European Union Treaties

2. Advertisements
2.1 All orders submitted by Advertisers will be deemed to be an offer to purchase the Services subject to these Conditions. By submitting an order for an Advertisement the Advertiser agrees to be bound by these Conditions and no contract between PARK and the Advertiser will come into effect until PARK has issued an order confirmation or a proforma invoice whichever is the earlier. PARK will not be bound by any conditions printed or appearing on order blanks or copy instructions stipulated on any order form or elsewhere by the Advertiser.
2.2 All Advertisements are subject to PARK's approval before publication and must comply with PARK's technical standards and other specification requirements as specified from time to time. PARK's technical standards and other specification requirements are available on request. PARK reserves the right to make any alteration to an Advertisement it considers necessary or desirable so as to (a) comply with PARK's technical standards or other specification requirements; (b) comply with the legal obligations placed on PARK or the Advertiser in any jurisdiction, or (c) avoid infringing a third party's rights, the British Code of Advertising Practice or any other code of practices which may apply to the Advertisement in any jurisdiction.
2.3 PARK shall have the right to refuse publication of any Advertisement that is linked to a website that contains inappropriate or offensive content.
2.4 The positioning of an Advertisement within the Website or on any webpage is at the sole discretion of PARK unless the PARK has accepted the Advertiser's request for a specific position.
2.5 All Advertisements published by PARK are published in good faith. The Advertiser shall have the responsibility for checking the accuracy of its Advertisement and must notify PARK of any errors immediately the error occurs. Subject to condition 8, PARK shall not be liable for any error or repetition of an error in an Advertisement if not notified to it by the Advertiser in accordance with this condition.
2.6 The contract period for the Services will be the period notified to the Advertiser in PARK's confirmation of order. Subject to acceptance by CLVF, the Advertiser may renew any contract period on written request and upon payment of the applicable charges at PARK's then current rate.
2.7 All advertising materials must be received by PARK not less than 21 clear days prior to the publication date. Changes to artwork or copy must be received by PARK at least 21 clear days in advance of the change date requested by the Advertiser.
2.8 PARK shall have no responsibility for forwarding to the Advertiser any enquiries or responses which PARK may receive in relation to any Advertisements. However, PARK will use all reasonable efforts to forward any it receives as soon as possible after it receives them. Having regard to the fact PARK has no responsibility for these matters, Advertiser acknowledges and agrees that PARK shall not be liable for any loss, damages or expenses of any nature incurred or suffered by an Advertiser through any delay or failure by PARK to forward any enquiries or responses.

3. Rates
3.1 The price charged by PARK for the Advertisement shall be the rate in effect at the time the order for the Advertisement is received by PARK. VAT as appropriate shall be charged at the rate prevailing on the day that payment is made.
3.2 Subject to condition 3.1, PARK reserves the right to change its rates at any time. Price changes will be published in a revised Rate Card, and Advertisers shall be deemed to have notice of all changes when published.

4. Payment
4.1 Unless otherwise agreed in writing by PARK, payment must be received in full (in cash or cleared funds) before the Advertisement is published.
4.2 Unless otherwise agreed in writing by PARK, PARK will only accept payment by one of the following methods: (a) Bank Transfer - The paying party should contact PARK for its banking details if it wishes to pay by bank transfer (see contact details on PARK's confirmation of order). (b) Bank Drafts - Bank Drafts must be in Sterling or Francs made payable to "Park Website Management Limited". (c) Cheques - Cheques will only be accepted if drawn on a UK bank unless otherwise agreed by PARK. Cheques should be made payable to "Park Website Management Limited".
4.3 Payment may be made in Euros if agreed by PARK at the time PARK issues its confirmation of order to the Advertiser.
4.4 PARK shall have the right to hold an advertiser and its agency and/or agent jointly and severally liable for any sums due and payable in relation to an Advertisement.

5. Advertiser's Warranties
5.1 The Advertiser warrants to PARK that: (a) all information provided by the Advertiser in connection with the Advertisement is accurate, complete and true; (b) all advertising copy submitted to PARK is legal, decent, honest and truthful; (c) any visual representations (whether photographs, illustrations or digital images) of any Item supplied by the Advertiser to PARK for the Advertisement are true accurate and complete representations of that item; (c) unless the Advertiser advises PARK in writing to the contrary at the time the Advertisement is submitted to PARK, there are no copyright or other legal restrictions relating to the reproduction or publication of the Advertisement or on PARK's rights to reproduce any visual representations supplied by the Advertiser; (d) the provision of the Services by PARK or the reproduction and/or publication of the Advertisement will not contravene or breach any arrangements between the Advertiser and any third party and will not infringe or violate any copyright, trademark or any other personal or proprietary right of any third party or make PARK liable to any proceedings whatsoever; (e) if the materials supplied by the Advertiser for the Advertisement includes the name or pictorial representation (photographic or otherwise) of any living person and/or any part of a living person or any thing by which any living person can be identified the Advertiser has obtained the authority of such living person to make use of such name or representation; (f) the Advertisement complies with the requirements of all relevant legislation for the time being in force or applicable in the United Kingdom and in the jurisdiction where the Advertiser has its principal place of business and/or is registered; and (g) the Advertiser contracts with PARK hereunder as principal notwithstanding that the Advertiser may be acting directly or indirectly for a third party.
5.2 The Advertiser indemnifies PARK, its officers, employees and agents against any loss, damages, costs or expenses resulting from any breach of any of the Advertisers warranties in this condition 5.

6. Rights in Materials
6.1 The Advertiser grants PARK a licence to use and reproduce for the purpose of the Advertisement any written materials, photographs, illustrations, digital images or other material (the "Materials") provided to PARK by or on behalf of the Advertiser.
6.2 PARK will own the copyright in all Materials created or produced by or for PARK relating to an Advertisement whether or not published by PARK.
6.3 PARK will not return any Materials supplied to it by or on behalf of an Advertiser unless otherwise agreed by PARK in writing.
6.4 Whilst PARK will endeavour to take reasonable care of all Materials belonging to the Advertiser, PARK shall not be liable for any loss or damage to any materials supplied to it by an Advertiser.
6.5 Except for materials produced by the Advertiser, (as between PARK and the Advertiser) all design, text, graphics and all software compilations and underlying source codes relating to the Website belong to PARK or its licensors. ALL RIGHTS RESERVED.

7. PARK's Obligations
7.1 Subject to these Conditions, PARK shall publish the Advertisement in accordance with PARK's order confirmation to the Advertiser.
7.2 PARK has the right at its discretion to decline to publish or to omit or suspend any Advertisement at any time, subject to the provisions set out in this condition 7.
7.3 Except where the Advertiser is in breach of or in non-compliance with these Conditions and except where conditions 7.7 or 9.1 apply, if PARK declines to publish or permanently omits to publish any Advertisement, then in addition to the Advertiser's right to cancel as provided in condition 9.3, PARK shall be liable to refund the Advertiser an amount equal to one and a half times the price paid for the Advertisement and PARK shall have no further liability to the Advertiser for any other amounts or sums of whatever nature in connection with the Services.
7.4 If PARK suspends an Advertisement for reasons which are not due to the Advertiser's fault or breach of these Conditions (and other than under condition 7.7), then the Advertiser shall be entitled to have the contract period extended to cover the time during which the Advertisement was suspended and PARK shall have no further liability to the Advertiser.
7.5 If PARK declines to publish any Advertisement or suspends or omits to publish because the Advertiser is in breach of these Conditions or the Materials provided by the Advertiser do not comply with PARK's technical standards or specification requirements, without prejudice to PARK's rights to claim compensation for any loss, damages, costs or expenses that it incurs or suffers, PARK may cancel the Advertisement at its discretion and shall be entitled to retain (a) a prorata amount of the sum paid by the Advertiser if the Advertisement has been published or (b) if the Advertisement has not been published a sum equal to 20% of the total cost invoiced to the Advertiser in order to cover PARK's administrative costs, together with an amount sufficient to cover the actual cost to PARK of any third party goods or services that PARK obtained in connection with the Advertisement in question.
7.6 Having regard to the various factors outside of PARK's control, such as the performance of the ISP (Internet Service Provider) and the telecommunications systems which may affect the availability of the Website and also considering that the Website may also be unavailable for maintenance and upgrades to be carried out, PARK cannot guarantee that the Advertisement will be accessible on an uninterrupted basis and only commits to ensuring the availability of the Website for 98% of the time in any given month.
7.7. If the availability of the Website falls below the 98% service level mentioned in condition 7.6 above, subject also to the Advertiser's right to cancel the Advertisement under condition 9.3, the Advertiser shall be entitled to be paid by way of liquidated damages an amount equal to one and a half times the price paid to PARK pro rata to the number of days which the Website fell below the 98% level in any given month.

8. Limitation of Liability
8.1 PARK shall not be liable for any loss or damage caused to or suffered by an Advertiser arising in connection with the Services except as and to the extent expressly provided for in these Conditions.
8.2 PARK's liability under these Conditions shall not extend to (a) any indirect or consequential costs or expenses suffered by the Advertiser including (but not limited to) loss of anticipated profits, goodwill reputation, business receipts or contracts or losses and expenses resulting from third party claims or (b) any economic losses arising from the commission of any tort.
8.3 Subject to Condition 8.4, PARK's maximum liability to the Advertiser in connection with the Services however arising including PARK's liability for negligence and all other torts shall be limited to an amount equal to one and half times the price paid by the Advertiser to PARK.
8.4 Nothing in these Conditions shall exclude or restrict any liability of PARK for death or personal injury caused by negligence or for fraudulent misrepresentation.

9. Cancellation
9.1 If PARK is unable to keep the Website live for a period of 30 consecutive days (for reasons beyond its reasonable control), then PARK shall have the right to cancel the Advertisement on immediate written notice and the Advertiser shall be entitled to a refund of any sums paid by it to PARK for Services that would otherwise have been provided by PARK after the cancellation date and PARK shall have no further liability to the Advertiser of whatever nature.
9.2 Without prejudice to PARK's rights to claim damages and expenses and/or to recover any sums due from the Advertiser, PARK may immediately cancel the Advertisement if the Advertiser should fail to pay any sums due to PARK on their due date.
9.3 The Advertiser may cancel the Advertisement upon written notice (a) if PARK fails to provide the Services under the circumstances described in condition 7.7 in any two consecutive months or (b) if PARK declines to publish or permanently omits to publish an Advertisement under the circumstances described in condition 7.3.
9.4 PARK shall be entitled to cancel an Advertisement with written notice to the Advertiser under the circumstances described in condtion 7.5.
9.5 The Advertisement may only be cancelled in the circumstances expressly provided for in these Conditions.

10. Password Access
In the event that PARK agrees to allocate to the Advertiser a password for accessing any of its advertisements, the password may be altered by PARK from time to time upon reasonable notice being given to the Advertiser. While PARK agrees to use all reasonable efforts to keep any such password confidential, PARK accepts no responsibility or liability in respect of any loss or damage which may be suffered by the Advertiser and arising through the use of the password by any unauthorised party.
10. Variations to these Conditions
These Conditions may be varied or replaced by PARK in their entirety from time to time. Copies of the revised or new terms will be issued at the time of publication and will be posted on the Website and Advertisers will be deemed to have notice of any revised or new terms upon publication.

11. General
11.1 No delay or forbearance on the part of either PARK or the Advertiser in enforcing any term of these Conditions shall be or be deemed to be a waiver of their respective rights.
11.2 In the event that any provisions of these Conditions shall be determined by invalid, unlawful or unenforceable, such condition or provision shall be severed from the remaining conditions or provisions which shall continue to be valid.
11.3 In the event of any conflict between these Conditions and either any other arrangements between PARK and the Advertiser relating to the Services or any matter set out in PARK's Rate Card, the terms set out in these Conditions shall prevail. No addition to or modification of any provision of these Conditions shall be binding on the parties unless made in writing signed by the authorised representatives of both PARK and the Advertiser.
11.4 Neither PARK nor the Advertiser shall be liable for any delay in performing or failure to perform any of its obligations (other than a payment obligation) under these Conditions due to any matter constituting force majeure including without limitation outbreak of war, any government act, political interference, explosion, accident, riot, industrial dispute or any matter reasonably outside their control.
11.5 The Advertiser shall not be entitled to assign or otherwise transfer any of its rights or obligations under these Conditions whether in whole or in part without the prior written consent of PARK.
11.6 These Conditions shall be governed and construed in accordance with English Law and the Advertiser agrees to submit to the exclusive jurisdiction of the courts of England and Wales.
11.7 If the Advertiser is located outside of the United Kingdom, the Advertiser agrees to irrevocably appoint an agent for service of any process in England immediately upon receipt of a request from PARK to do so.