Terms of Use

THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH FACILITIES MANAGEMENT ONLINE LIMITED (“FMONLINE”) PROVIDES YOU WITH THE SERVICES (DEFINED BELOW) AND ACCESS TO WWW.FMONLINE.CO.UK (THE “WEBSITE”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES AND THE WEBSITE. BY USING THE SERVICES AND THE WEBSITE (WHOLLY OR PARTLY) IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS.
 
YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.  
 
The General Conditions under Section A shall have general application to all users of the Services and the Website. Sections B and C shall apply to users who are acting as a Visitor (defined below) and as an Advertiser (defined below) respectively, in addition to the provisions under Section A.
 
SECTION A: GENERAL PROVISIONS
 
INFORMATION ABOUT FACILITIES MANAGEMENT ONLINE LTD AND THE WEBSITE
 
1.1          The Website is owned and managed by Facilities Management Online Limited (“FMOnline”), a company registered in England and Wales with company registration number 03862464 and having its registered address at Cefn Tew, Tynlon, Holyhead LL65 4UA
 
1.2          FMOnline operates and maintains the Website which is an online advertising and marketing service and information provider. The Website provides certain non-chargeable services (“Non-chargeable Services”) and chargeable services (“Chargeable Services”), (collectively the “Services”) which are more specifically set out on the Website.
 
1.3          FMOnline may be contacted by email at info@fmonline.co.uk or by writing to Facilities Management Online Ltd, Cefn Tew, Tynlon, Holyhead, LL65 4UA.
 
2.             YOUR OBLIGATIONS
 
2.1          You hereby warrant that (a) you are at least 18 years old; (b) you have the right and   capacity to enter into and be bound by these Terms; and (c) you shall comply with all applicable laws in the use of the Services and/or the Website.
 
2.2          You further warrant that any information provided to FMOnline by you is true, accurate and correct and that you shall promptly inform FMOnline in the event of any changes to such information.
 
2.3          You agree that you are solely responsible and liable for all activities relating to your use of the Website and/or the Services, whether you are a Visitor to the Website (“Visitor”), a subscriber (“Subscriber”) or a business wishing to advertise or market your business through FMOnline (“Advertiser”) (hereafter collectively referred to as “Users”).
 
2.4          If you feel that any information contained on the Website is objectionable, please contact FMOnline using the contact details set out on the Website. FMOnline shall use its reasonable endeavours to review the relevant information as soon as is practicable and shall take such action as it deems necessary, if any at all.
 
2.5          You further agree that at all times, you shall:
 
2.5.1       not use the information presented on the Website or derived from the Services for any purposes other than those expressly set out in these Terms;
 
2.5.2       not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;
 
2.5.3       not use the Website or the content therein in any way that is likely to or that will infringe the intellectual property rights or any other rights of any third parties;
 
2.5.4       comply with all instructions and policies from FMOnline from time to time in respect of the Services and the Website;
 
2.5.5       co-operate with any reasonable security or other checks or requests for information made by FMOnline from time to time; and
 
2.5.6       use the information made available to you on the Website and through the Services at your own risk.
 
2.6          In the event that FMOnline, in its sole and absolute discretion, considers that there has been a breach or threatened breach of any of the terms set out in this clause 2, FMOnline reserves the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, your use of and access to the Services and the Website; and in the case of illegal use, the instigation legal proceedings as appropriate.
 
3.             FMONLINE’S OBLIGATIONS
 
3.1          In consideration for your compliance with these Terms, FMOnline shall use its reasonable commercial endeavours to provide you with
 
3.1.1       the Chargeable Services if you are an Advertiser; or
 
3.1.2       the Non-chargeable Services if you are a Visitor and/or a Subscriber,
 
and any additional services that FMOnline agrees to provide to you at all times.
 
3.2          FMOnline shall be entitled at its own discretion and upon reasonable notice to you, to suspend the Services and/or the Website whether wholly or partly for any reason whatsoever including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension on non-availability of the Services and/or the Website (whether wholly or partly).
 
3.3          FMOnline reserves the right to make any changes to the Services and/or the Website including any functionalities and content therein or to discontinue a specific feature from time to time subject always that FMOnline notifies you in writing using the Website or by email.    
 
3.4          FMOnline may update or revise these Terms from time to time and shall notify you of any such updates and revisions through a message displayed on the Website or by email. Your continued use of the Services and/or the Website (whether wholly or partly) shall be deemed your acceptance of such change(s) in respect of the updated or revised Terms. If you do not agree with the changes to these Terms, you may terminate your Contract with us in accordance with clause B3 and/or C4.
 
3.5          To provide the Services to you, FMOnline may be required to monitor your use of the Services and/or the Website from time to time. You hereby consent to FMOnline monitoring such use of the Services and the Website.
 
4.             EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITIES
 
4.1          FMOnline does not verify and does not have any control in respect of any Company Profile (defined in section C3 below), Blog (defined in section C3 below) or any other information made available to you using the Services and on the Website. Consequently, FMOnline does not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of the Company Profile and/or any other information made available to you.
 
4.2          FMOnline advises you not to rely on any Company Profile or other information made available to you through the Website and/or the Services to assist in making or refraining from making a decision, or to assist in deciding on a course or a specific cause of action. If you so intend to use and/or rely on such information, you do so at your own risk and liability.
 
4.3          Additionally, you agree and understand that where FMOnline includes views, opinions, advice and recommendations, these views opinions, advice and recommendations are not endorsed by FMOnline and to the maximum extent permitted by law, FMOnline shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice and recommendations.
 
4.4          FMOnline shall use all reasonable care and skill in supplying the Services and shall use its reasonable commercial endeavours to provide such Services to you expediently. However, you acknowledge and agree that any timescales indicated by FMOnline for the performance of the Services are estimates only, and accordingly FMOnline shall not be liable for delay to the provision of the Services where such Services fall outside the indicated timescale.
 
4.5          Links to third party websites may appear on the Website. Such third party websites are not the responsibility of FMOnline and FMOnline accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not endorse the views expressed therein.
 
4.6          You acknowledge and agree that FMOnline relies on third party providers to make the Services and the Website available to you. Consequently, FMOnline does not warrant that the Services and the Website shall be uninterrupted or fault-free at all times.
 
4.7          Further, you agree that where FMOnline obtains data from third party suppliers, whilst FMOnline takes all reasonable commercial endeavours to ensure that such data is accurate and up to date, FMOnline excludes all liability for inaccuracies in such data, including for the avoidance of doubt omissions that lead to data being reused where the recipient has previously unsubscribed.
 
4.8          All warranties, representations, guarantees, conditions and terms other than those expressly set out herein whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral are hereby expressly excluded to the fullest extent permissible by law. Consequently all information, advice, suggestions and recommendations, including without limitation, the Company Profiles are provided to you on an “as is” basis.
 
4.9          Nothing in these Terms and Conditions excludes or limits FMOnline’s liability for:
 
4.9.1       death or personal injury caused by its negligence; or
 
4.9.2       fraud or fraudulent misrepresentation.
 
4.10        Subject to clause 4.8, FMOnline shall not be liable for losses that result from FMOnline’s failure to comply with these Terms, that fall into the following categories:
 
4.10.1    indirect, special or consequential losses;
 
4.10.2    expectations of a specific nature or anticipated outcome,
 
4.10.3    loss of anticipated savings;
 
4.10.4    loss of profit;
 
4.10.5    loss of income or revenue;
 
4.10.6    loss of business;
 
4.10.7    loss of opportunity;
 
4.10.8    loss of data;
 
4.10.9    loss of contract;
 
4.10.10 loss of goodwill and/or reputation;
 
4.10.11 loss of management time; or
 
4.10.12 any other loss however arising
 
and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable arising out of or in connection with your use and/or reliance of the Services, the Website and the contents therein.
 
4.11        Unless otherwise expressly set out to the contrary in these Terms, FMOnline’s liability to you in connection with your use of the Services and the Website shall be strictly limited to the Fees paid by you for the particular Services.
 
4.12        In the event that you have a dispute relating to any Advertiser on the Website, you hereby release FMOnline from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
 
5.             CONFIDENTIALITY
 
5.1          Meaning of Confidential Information
 
“Confidential Information”       means information or secrets relating to: corporate and marketing strategy, business development and plans, sales reports and research results, business methods and processes, technical information and know-how relating to the other party’s business and which is not in the public domain, including inventions, designs, techniques, database systems, formulae and ideas; business contacts, lists of customers and suppliers and details of contracts with them; and any document marked "confidential".
 
5.2          FMOnline and Users of FMOnline may be given access to Confidential Information fromthe other party in order to perform its obligations under these Terms. A party’sConfidential Information shall not be deemed to include information that:
 
5.2.1       is or becomes publicly known other than through any act or omission of the receiving party;
 
5.2.2       was in the other party’s lawful possession before the disclosure; or
 
5.2.3       is independently developed by the receiving party, which independent development can be shown by written evidence; or is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
 
5.3          Each party shall hold the other’s Confidential Information in confidence and, unless required by law not make the other’s Confidential Information available to any unauthorised third party, or use the other’s Confidential Information for any purpose other than the implementation of this Agreement.
 
5.4          Each party shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement.
 
5.5          Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.
 
5.6          This clause 5 shall survive termination of this Agreement, howsoever arising.
 
6.             INTELLECTUAL PROPERTY
 
6.1          FMOnline and/or its licensors own all rights, title and interest in any and all intellectual property contained within and relating to the Services and the Website, save for that set out in clauses 6.4 and 6.5 below.
 
6.2          FMOnline hereby grants to you, as a User, a non-exclusive, non-transferable, non-sub-licensable, licence under which you may use the Website to view, alter, comment on, copy, download, print, link to, tweet, email, or otherwise communicate the content of your Company Profile(s) solely for the purpose of promoting or marketing your business, subject to the terms of these Terms. For the avoidance of doubt, this licence is granted subject to the obligations of confidentiality set out at clause 5.
 
6.3          You are expressly prohibited from removing, modifying, altering or using any registered or unregistered marks/logos/design owned by FMOnline and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of FMOnline or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to FMOnline.
 
6.4          All rights, title and interest in the intellectual property contained in any Company Profile shall remain exclusively with the Advertiser to whom such Company Profile relates.
 
6.5          All rights, title and interest in the intellectual property contained in any Press Release shall remain exclusively with the Advertiser to whom such Press Release relates.
 
7.             EVENTS OUTSIDE FMONLINE’S CONTROL
 
7.1          FMOnline shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”).
 
7.2          A Force Majeure Event includes any act, event, non-happening, omission or accident beyond FMOnline’s reasonable control and includes in particular (without limitation) the following:
 
7.2.1       strikes, lock-outs or other industrial action
 
7.2.2       civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
 
7.2.3       fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
 
7.2.4       impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
 
7.2.5       impossibility of the use of public or private telecommunications networks; and
 
7.2.6       the acts, decrees, legislation, regulations or restrictions of any government.
 
7.3          FMOnline’s performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and FMOnline shall have an extension of time for performance for the duration of that period. FMOnline shall use all reasonable commercial endeavours to bring the Force Majeure Event to a close or to find a solution by which his obligations under these Terms and Conditions may be performed despite the Force Majeure Event.
 
8.             COMPLAINTS
 
8.1          If you have reason to believe that any of these Terms have been breached, or you have a complaint to make, please contact FMOnline by email at Complaints@fmonline.co.uk or by writing to Facilities Management Online Ltd, Cefn Tew, Tynlon, Holyhead, LL65 4UA.
 
8.2          All notifications and communications to FMOnline should be sent to the contact details provided herein.
 
9.             PRIVACY AND USE OF COOKIES
 
9.1          FMOnline complies with the requirements of the Data Protection Act 1998 and all relevant successor legislation.
 
9.2          The Website uses cookies in order to enable you to enter information and FMOnline to store such information. Such use of cookies is limited to Users who enter information into the Website, for example, for the purpose of subscription to the Website. Accordingly, such cookies will not be used in relation to Visitors. For all Users other than Visitors, such use of cookies is necessary to enable FMOnline to carry out its obligations under these Terms.
 
9.3          For further information on the use of cookies or on how FMOnline deals with the information you provide, please see FMOnline’s privacy policy. The terms of such privacy policy form part of these Terms and you agree to be bound by it.
 
 
10.          GENERAL
 
10.1        If FMOnline fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
 
10.2        A waiver by FMOnline of any default shall not constitute a waiver of any subsequent default.
 
10.3        No waiver by FMOnline of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
 
10.4        If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
 
10.5        These Terms represent the entire agreement between you and FMOnline in respect of your use of the Service and the Website and shall supersede any prior agreement, understanding or arrangement between you and FMOnline, whether oral or in writing.
 
10.6        You acknowledge that in entering into these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between you and FMOnline except as expressly set out in these Terms.
 
10.7        These Terms are governed by and construed in accordance with English law. The Courts of England shall have exclusive jurisdiction over any disputes arising out of these Terms.
 
 
SECTION B: USERS ACTING AS VISITORS AND/OR SUBSCRIBERS
 
This Section B shall apply to you if you are a User acting as a Visitor or Subscriber.
 
B1.       REGISTRATION
 
B1.1     You may browse the Website and the content therein as a Visitor. In order to become a Subscriber you will be required to register using the online subscription form (“Form”) made available to you on the Website.
 
B1.2     By completing the Form, you consent to FMOnline conducting verification and security procedures in respect of the information provided in such Form.
 
B1.3     Upon completion and submission of the Form by you, you shall be sent a verification email (“Verification Email”) to the email address provided by you in the Form. The Verification Email will contain details of how to activate your subscription.
 
B2.       FORMATION OF CONTRACT
 
B2.1     Where you are a Subscriber your contract (“Contract”) with FMOnline shall commence on the date of the Verification Email.
 
B2.2     Unless otherwise expressly set out to the contrary herein, your Contract with FMOnline shall remain in force until such time as you unsubscribe by clicking on the ‘Unsubscribe’ option contained in FMOnline’s emails.
 
B2.3     Where you are a Visitor your contract with FMOnline shall commence upon your first visit to and/or use of the Website.
 
B3.       TERMINATION
 
B3.1     Where you are a Subscriber you may terminate your Contract with FMOnline at any time by unsubscribing OR by giving written notice to FMOnline using the contact details available on the Website and by ceasing all use of and access to the Services and the Website.
 
B3.2     Where you are a Visitor you may terminate your Contract with FMOnline at any time by ceasing all use of and access to the Website.
 
B3.3     FMOnline may suspend or terminate your access to the Services and/or the Website (wholly or partly), whether you are a Visitor or a Subscriber if:
 
B3.3.1   the third party services and network providers cease to make the third party service or network available to FMOnline;
 
B3.3.2   FMOnline believes that you or someone using your Login Details (defined below) has failed to comply with one or more of these Terms;
 
B3.3.3   FMOnline believes that there has been fraudulent use, misuse or abuse of features and functionalities of the Services and/or the Website (in whole or in part);
 
B3.3.4   FMOnline believes that you have provided it with any false, inaccurate or
misleading information; or
 
B3.3.5   FMOnline believes that you are not acting in a personal capacity.
 
B4.       YOUR ADDITIONAL OBLIGATIONS AS A SUBSCRIBER
 
B4.1     You hereby warrant that the information provided by you to FMOnline is at all times, true, accurate and correct. You further warrant that you shall promptly notify FMOnline in the event of any changes to such information provided.
 
B4.2     You shall keep your registration details for the Website (“Login Details”) confidential and secure. Without prejudice to the other rights and remedies of FMOnline, FMOnline reserves the right to promptly disable your Login Details and suspend your access to the Services and/or the Website in the event FMOnline has any reason to believe that you have breached any of the provisions set out herein.
 
B4.3     You must promptly notify FMOnline in the event there is a breach of security or any unauthorised use of your Login Details. FMOnline may be contacted by email at Security@fmonline.co.uk.
 
B4.4     You further agree that at all times, you shall:
 
B4.4.1   not use your Login Details with the intent of impersonating another person; or
 
B4.4.2   not allow any other person to use your Login Details.
 
 
SECTION C: USERS ACTING AS ADVERTISERS
 
This Section C shall apply to you if you are a User acting as an Advertiser and are therefore accessing the Chargeable Services.
 
 
C1.       BECOMING AN ADVERTISER
 
C1.1     To become an Advertiser on the Website you will contact FMOnline by email or telephone at the details set out on the Website in order to confirm which of the Chargeable Services you wish to order (“Order”). FMOnline shall confirm your Order by way of a confirmation email (“Order Confirmation Email”). Such Order Confirmation Email shall set out the Chargeable Services you have ordered, alongside the fees payable (“Fees”) and the steps required to create your company’s online profile (“Company Profile”).
 
C1.2     Notwithstanding the foregoing, FMOnline reserves the right to:
 
C1.2.1   accept or reject your Order as an Advertiser; and
 
C1.2.2   refuse you access to the Services and/or Website (partly or wholly) if you breach any of the provisions hereunder.
 
C2.       FORMATION OF CONTRACT
 
C2.1     Your contract (“Contract”) with FMOnline shall commence on the date of the Order Confirmation Email.
 
C2.2     Unless otherwise expressly set out to the contrary herein, your Contract with FMOnline shall remain in force until such time as you unsubscribe by contacting us in writing.
           
C3.       CHARGEABLE SERVICES
 
C3.1     By placing an Order you shall be offered a number of different Chargeable Services, more specifically detailed on the Website, and including but not limited to directory listings by way of an online company profile (“Company Profile”), press releases (“Press Releases”), and the ability to blog about your business (“Blog”) on the Website.
 
C3.2     You shall also be offered two advertising options: pay per click advertising (“Pay Per Click”); or standard promotional advertising (“Standard”).
 
C3.3     Where your Order includes Press Releases or any other distribution or mail-out service (“Mail-Out”), FMOnline will guarantee to distribute such Press Releases or Mail-Out to a minimum number of recipients (“Release Audience”), such number to be agreed between the parties and set out in the Order Confirmation Email. The Order Confirmation Email shall also set out the agreed criteria for the target recipients (“Criteria”). Where the number of recipients meeting the Criteria is less than the agreed Release Audience, FMOnline shall ensure that the Press Releases or Mail-Out are sent to the agreed Release Audience and shall use its best commercial endeavours to select the most suitable recipients outside the Criteria.
 
C3.4     Payment for the Chargeable Services (“Fees”) shall be in accordance with clause C4 below.
 
C4.       PAYMENT
 
C4.1     Payment of Fees shall depend on the Services you order and whether you opt for Pay Per Click or Standard advertising.
 
C4.2     Payment of the Fees may be made by any of the payment options more specifically set out on the Website.
C4.3     Where you opt for Standard advertising, you shall be liable to pay the Standard advertising fees (“Standard Fees”) as set out on the Order Confirmation Email.
 
C4.4                 Where you opt for Pay Per Click advertising, the fees (“PPC Fees”) shall be calculated based on the number of visits to the website URL you have included within your Company Profile which come via a direct click from the Website (“Click-Through”) multiplied by the fee per click set out in the Order Confirmation Email.
 
C4.5     Payment of the PPC Fees shall be payable by way of an up-front payment to the value of the total you wish to spend on Pay Per Click Advertising.
 
C4.6     For the avoidance of doubt, FMOnline shall not be liable to provide the Services until receipt of payment of the Fees, save insofar as you have opted for payment by way of invoice (“Invoice Payment”). If you choose Invoice Payment, the Fees will be payable within 28 days of the date of the invoice.
 
C4.7     Unless expressly stated to the contrary, all Fees quoted on the Website shall be exclusive of any taxes including but not limited to value-added tax, sales taxes and/ or any other taxes or charges that may be applicable.
 
C4.8     Where payment of any Fees is outstanding for more than seven (7) days from the due date of an Invoice, FMOnline reserves the right to charge interest at a rate of 4% above the base rate of Barclays’ Bank plc from time to time.
 
C4.9     FMOnline shall not be required to refund all or any part of the Fees. Any refund offered shall be done so at FMOnline’s sole discretion.
           
C5.       TERMINATION
 
C5.1     Either party may terminate this Contract at any time by giving the other party no less than thirty (30) days’ written notice of such intention to terminate. Upon termination under this clause C4 you shall cease all use of and access to the Chargeable Services and the Website.
 
C5.2     FMOnline may suspend or terminate your access to the Services and/or the Website (wholly or partly) if:
 
C5.2.1   the third party services and network providers cease to make the third party service or network available to FMOnline;
 
C5.2.2   FMOnline believes that you or someone using your Login Details has failed to comply with one or more of these Terms;
 
C5.2.3   FMOnline believes that there has been fraudulent use, misuse or abuse of features and functionalities of the Services and/or the Website (in whole or in part); or
 
C5.2.4   FMOnline believes that you have provided it with any false, inaccurate or
misleading information.
 
C5.2.5   Upon termination of your Contract with FMOnline, you shall continue to have access to the Non-chargeable Services.
 
C6.       YOUR ADDITIONAL OBLIGATIONS AS AN ADVERTISER
 
C6.1     You shall not submit to appear on the Website through your use of the Services, whether in any Company Profile, Blog, Press Release or by any other means, any information, comments, images, third party URL links or other material whatsoever in any format, that may reasonably be deemed to be offensive, illegal, inappropriate or which in any way:
 
C6.1.1   promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
 
C6.1.2   affects or advocates harassment of another person;
 
C6.1.3   displays pornographic or sexually explicit material;
 
C6.1.4   promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
 
C6.1.5   promotes any illegal activities;
 
C6.1.6   provides instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
 
C6.1.7   promotes or contains information that you know or believe to be inaccurate, false or misleading;
 
C6.1.8   engages in or promotes commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of FMOnline; or
 
C6.1.9   infringes any rights of any third party.
 
C6.2     You acknowledge that inputting information into a Blog does not guarantee that such Blog, or any part thereof, shall appear on the Website whether or not the submission of such Blog is part of the Services. You agree that FMOnline may, at its sole discretion, choose to display any Company Profile or Blog or any part of the same that you make on the Website and you hereby grant to FMOnline a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
 
C6.3     You further acknowledge and agree that, where you opt for Pay Per Click advertising, you shall be liable for payment of the PPC Fees regardless of whether or not any Click-Through is subsequently converted into a sale of any sort.
 
C6.4     You warrant and represent that you own or are licensed to use any and all copyright, trademarks (whether registrable or non-registrable), designs, rights in database, rights in software (including without limitation the source and object code), patents and all proprietary rights contained in any Company Profile, Blog, Press Release and/or any other information provided for and used in performance of the Services by either party (“Company Information”).
 
C6.5     You hereby grant to FMOnline a non-exclusive, perpetual, transferable, sub-licensable licence under which FMOnline may use your Company Profile and/or Press Release and any information contained therein for its commercial purposes, such use including but not limited to sending such information to FMOnline’s subscribers in any format, uploading and publishing such information on the Website and any other websites owned or controlled by FMOnline.
 
C7.       ADDITIONAL WARRANTIES
 
C7.1     You hereby warrant that all Company Information is correct, accurate and up-to-date.
 
C7.2     You further warrant that such Company Information complies with any and all codes of practice that may be applicable to your industry or type of business.
 
C7.3     You agree that in the event of any breach of the provisions under clauses this clause C, FMOnline shall be entitled to take all actions necessary including without limitation, suspending or permanently terminating your use of the Services and/or the Websitse.
 
Website Statistics and Email Newsletter
 
Annual website and email statistics published within the site, were compiled from 2007-2008.

Email Broadcast Disclaimer:

Due to FMO's data being provided by a third party supplier, it is understood that that the advertiser or client understands and accepts fully, that from time to time FMO may not be able to publish and distribute its bi-monthly email newsletter. During such times, the advertiser and client understands and accepts that they have no right to request a refund or take any legal proceedings or further recourse against FMO during such events.

Company Profile, Banner Sponsors & Annual  News Distribution Subscription Terms:

For our clients convenience Fmo operates a standard rolling annual subscription service on all of its company profile and annual news distribution packages.

It is understood that by agreeing to FMO's terms of business, that the client understands that upon ordering a 12 month Company profile or News Distribution subscription package, the client agrees to inform FMO in writing, one month before their subscription renewal date expires, if they wish to cancel the annual agreement. If FMO does not receive written confirmation that the client or advertiser wishes to cancel their subscription; the clients services will automatically be renewed. The client thereby agrees to be invoiced at FMO's latest annual subscription rate for a further 12 month period. FMO provides as standard, an automatic email statement informing the client of their service renewal deadline within its final monthly e-invoice.