1 Definitions

1.1 “us”, “we”, “our”, “eArborist”, “eArborist.com” shall mean “eArborist.com”

“Service(s)” shall mean any or all of the ‘Banner Adverts' on eArborist.com

1.2 “The User” the individual who purchases the “Service(s)” under the terms and conditions described herein.

1.3 “Initial Term” shall mean the initial term for which eArborist.com will provide the Service to the User.

1.4 “Renewal Term” shall mean the 6 or 12 month period following the Initial Term and any future terms thereafter.

1.5 “Renewal Date” shall mean the date on which one term expires and another one begins.

1.6 “The Website” refers exclusively to the eArborist.com website at www.eArborist.com

1.7 “Payment Service Provider” The Company responsible for collecting payments from the User in return for the Service(s).

2 Payment/Currency

2.1 By accepting the terms and conditions set forth in this agreement the User agrees to take and pay for the Service(s) during the Initial Term and for any future Renewal Term(s).

2.2 By supplying card details to our Payment Service Provider the User authorises eArborist.com to automatically charge the User's card in accordance with the Service(s) that the User has ordered on his/her account.

2.3 All orders are accepted on the basis that the individual who is placing the order is liable for payment.

2.4 eArborist.com accept EURO's, Dollar's & Sterling.

3 Delivery Policy

3.1 If payment for the Service is made in full by cheque or bank transfer the Service will be made available within 7 days of the payment being cleared. If payment is made in full using our Payment Service Provider the Service will usually be available as soon as the payment has been authorised.

4 Term

4.1 The Initial Term will commence on the day that the payment for the Service has been authorised. Subsequent Renewal Terms will occur in 6 or 12 month intervals on the Renewal Date (as described in Clause 1).

5 Cancellation Policy

5.1 eArborist.com reserves the right to terminate the Service with immediate effect if the User acts in such a way that the terms set forth in this agreement are violated, or for any other reason held at the sole discretion of eArborist.com.

5.2 The User may cancel the Service by providing no less than 3 months written notice to eArborist.com, the notice period will be deemed to have started at the point on which the notice is received at our offices.

5.3 If the User decides to cancel the Service under the provisions described in Clause 5.2 any remaining amount owed will be refunded back to the User on a pro-rata basis and will be apportioned in accordance with the remaining time left on the Initial or Renewal Term. If the User is paying monthly for the Service then any future payments scheduled after the notice period has expired shall be cancelled.

5.4 If a renewal date occurs during the notice period described in Clause 5.2 then the Service will be cancelled on the renewal date with no further repayment due.

5.5 If the User decides to cancel under the provision described in Clauses 5.2 then he/she will not be entitled to receive a refund on any initial setup and design fees.

6 Refund Policy

6.1 When an order has been received and payment taken for the Service there will be no refund to the customer other than when payment has been made in advance and the service is cancelled (as described in Clause 4).

7 Replacement Policy

7.1 If a customer is not satisfied with any artwork provided by eArborist.com for the Service and notifies eArborist.com within 2 days of the Service appearing on the site we will replace the banner with a different image. In addition to this customers may provide their own replacement image(s) at any stage which can replace their current artwork.

8 Terms of Use

8.1 The User will be expected to comply with the eArborist Website Terms of Use Policy as amended, modified or updated from time to time.

9 Liability

9.1 eArborist.com shall not be responsible for any loss of data resulting from delays, corruption of data, nondeliveries, misdeliveries or service interruptions.

9.2 Where using the online service ordering, image uploading system the User undertakes full responsibility to ensure all information is entered into the system accurately and accepts full liability for any incorrect or incomplete information.

9.3 Except to the extent of eArborist.com's gross negligence or willful misconduct, neither eArborist.com nor any of its subsidiaries or network service providers will be responsible for any unauthorised access to the User's account details or for unauthorised access to or alteration, theft or destruction of User information as a result of a breach in security, or through accidental or divisive means.

9.4 In no event will eArborist.com be liable or responsible to Users of the Service for any type of incidental, punitive, direct, indirect or consequential damages, including, but not limited to, loss of revenue, lost profits, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment, even if advised of the possibility of such damages, whether arising under theory of contract, tort (including negligence), product liability, strict liability or otherwise.

9.5 Notwithstanding anything to the contrary in this agreement, eArborist.com's maximum liability under this agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual pound sterling amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.

10 Export

10.1 There are no restrictions on export location

11 Indemnification

11.1 Users of the service agree to indemnify and hold harmless eArborist.com (including, but not limited to, eArborist.com's officers, agents, partners, employees and subsidiaries from any claim arising from the User or any third party as a result of using the Service.

11.2 The Service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement.

11.3 eArborist.com expressly disclaims any representation or warranty that the Service will be error-free, secure or uninterrupted.

11.4 No oral advice or written information provided or published on the Website by eArborist.com or its employees will create a warranty; nor may Users rely on any such information or advice. eArborist.com and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the Service.

12 Limited Warranties

12.1 The information set out within the Website and as part of the Service is provided in good faith and on the understanding that neither eArborist.com nor any of its employees, partners or subsidiaries are engaged in rendering legal advice.

13 Force Majeure

13.1 No failure or omission between eArborist.com and the User to carry out or observe the terms and conditions of this agreement shall give rise to any claim against the other party if such failure or omission is the result of an event that is outside the reasonable control of that party (a ‘Force Majeure Event').

14 Severance

14.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

15 Governing Law and Jurisdiction

15.1 The provisions set forth in this agreement shall be governed and construed by English law, and each party agrees to submit to the exclusive jurisdiction of English Courts.

Thank you for reading our Banner Advertising Terms & Conditions.

Copyright eArborist.com 2005.