Any personal data collected through the Upstairs Downstairs Websites (such as name, address and email-address) will be collected on a voluntary basis. The use of our services is, in most cases, possible without giving any personal information.
You must provide Upstairs Downstairs with accurate, complete registration information (including but not limited to name, delivery and billing address and direct debit/bank account or credit card details). You may also be required to provide your email address to receive service messages relating to deliveries. It is your responsibility to update and advise us of all changes to that information. Upstairs Downstairs is entitled to rely on all information you provide to us.
Copyright 2013 Upstairs Downstairs. All rights reserved. No part of this publication may be copied, reproduced or transmitted in any way, form, or by any means, without permission of the publishers.
Use of this Webside
Links to Third Party Sites
Links on the Upstairs Downstairs Website to third-party websites are provided solely for your convenience. If you access those links, you will leave the Upstairs Downstairs Websites. Upstairs Downstairs does not endorse or make any representations about such third party websites, and Upstairs Downstairs is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. Upstairs Downstairs does not control those websites, and Upstairs Downstairs is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.
Every care has been taken to ensure accuracy in the compilation of the Upstairs Downstairs Websites. Upstairs Downstairs can not however, accept responsibility for errors or omissions, but where such are brought to our attention, will be amended accordingly.
Terms and Conditions
1.1 The terms are incorporated into each agreement entered into between the UD and the customer whether or not the advertising order form or any other document which the customer signs makes reference to these terms.
1.2 In this contract the following expressions have the following respective meanings unless the context otherwise requires:
„UD“ means Upstairs Downstairs
“Advertiser” means the person or company identified on the order form.
“Insertion order” means advertising order form.
“Magazine” means the Upstairs Downstairs Home Garden & Lifestyle Magazine
2) Terms of payment:
Payments will be made by invoice. Advertisers paying by invoice will be invoiced on the first day of the contract period set forth on the insertion order. Payment shall be made in full to UD no later than thirty days of the “live” date of the advertiser’s program, as specified in the insertion order. All payments to UD hereunder shall be made in Euro inclusive of any V.A.T. chargeable thereon. Amounts paid after the due date shall bear interest at the rate of 2% per annum above the base lending rate of Bank of Ireland from time to time from the date when payment should have been paid until the date of actual payment, whether before or after judgment. In the event of any failure by the advertiser to make payment, the advertiser will be responsible for all expenses (including legal fees) incurred by UD in collecting such amounts. In the event of late payment UD reserves the right to suspend the advertisers information posted on the Magazine. In this event UD may post an “account suspended” notice in place of any company information supplied.
3) Advertising is subject to space availability upon receipt of written email acceptance from UD.
Receipt of email confirmation of an order will be considered as acceptance of terms & conditions of the contract.
4) Advertisers Representations:
The advertiser warrants and represents to UD that:
(a) it has the right to publish the contents of the advertisement, without infringement of any rights of any third party including, without limitation, intellectual property rights;
(b) it has complied with the codes of practice issued by the Advertising Standards Association of Ireland (ASAI) in respect of electronic and on-line advertising and all other relevant industry codes of practice;
(c) it will be fully responsible for the terms (including, without limitation, product description, price and compliance with all applicable laws and regulations) of any contract for the sale of goods or services to customers who have seen the advert displayed in the Magazine. The advertiser agrees to indemnify UD forthwith on demand and hold UD harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by UD in connection with any claims, actual or threatened, of any kind (including, without limitation, breach of contract, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from the advertisement and/or any material of the advertiser to which users can link through the advertisement and any other contract entered into for the purchase of the advertised goods or services. The advertiser will defend or settle at its own expense any action or other proceedings brought against UD that relates to the advertisement and/or any material of the advertiser to which users can link through the advertisement. UD shall notify the advertiser promptly of any such claim and shall permit the advertiser to assume and control the defence of such action with Counsel chosen by the advertiser (who shall be reasonably acceptable to UD) and shall not enter into any settlement or compromise of any such claim without the advertiser’s prior written consent. The advertiser shall pay any and all proper costs, damages and expenses (including but not limited to reasonable legal fees and costs) awarded against or incurred by UD in any such action or proceedings.
5) Presentation of the advert
5.1. UD reserves the right to re-design parts of or the entire Magazine and to re-position advertising and sponsorship accordingly without prior notice.
5.2. Positioning of advertisements is at the sole discretion of UD except where a request for a specific preferred position is acknowledged by UD in writing. Material must be received by the agreed date, otherwise position may be lost, reduced or, in the case of directory listings or fixed position advertisements, the insertion term may be reduced.
5.3. UD may create an advertisement on behalf of the advertiser if material is not received by the agreed deadline.
6) Cancellation Policy
Any campaign can be cancelled without charge up to 14 days before the scheduled start date of the campaign. Cancellation damages of 50% of the advertising contract amount will be due and payable to the UD by the advertiser if campaigns are cancelled by the advertiser less than 3 days before the scheduled start date of the campaign. After a campaign has started all advertisements must run their contracted duration as per the insertion order form.
7) All contents of advertisements are subject to UD’s approval and must adhere to the UD’s advertising specifications and guidelines. UD reserves the right to reject or cancel any advertisement, insertion order, space reservation or position commitment at any time, or remove any advertisement from any Magazine page controlled by UD, or reject any URL link embodied within any advertisement.
8) Validity of Advertising Contracts
8.1. UD will notify the advertiser by email that their advertisement has been added to the Magazine.
8.2. The agreed duration will begin from notification by UD.
8.3. The advertiser must notify UD as soon as is reasonable by either email or fax of any inaccuracy or changes that need to be made.
8.4. UD does not undertake to review the contents of any advertisements and any such review of, and approval by, the UD shall not be deemed to constitute an acceptance by UD that such advertisement is provided in accordance with the terms of the Agreement, nor shall it constitute a waiver of the UD’s rights hereunder. UD makes no warranty, express or implied, as to the accuracy of any advert. In the event that any advert is inaccurate, the advertiser’s sole remedy is for UD to remedy such inaccuracy within 2 working days of it being notified of the inaccuracy by the advertiser.
9) Advertsment Rates
All insertion orders are accepted subject to provisions of the current rate card. Rates are subject to change upon notice from the publisher. In the event of a rate increase during the period of the insertion order, the advertiser will have the option to cancel the remaining period of the insertion order with one month’s notice or as of the date of the rate increase, whichever period is the shorter, without penalty or continue the order at the revised rate.
10) Limitation of Liability
10.1. UD will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for: any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect or consequential losses; In any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred, suffered or incurred by a party arising out of or in connection with the provisions of any matter under these terms and conditions. In particular, and without limitation, the advertiser acknowledges that UD will not be liable for such losses whether arising from a failure to publish an advertisement, or from the inaccuracy of any data contained in any advertisements (whether such inaccuracy arises from any action, or failure to act, of UD, the advertiser or a third party). Nothing in these terms and conditions shall exclude or limit UD’s liability for death or personal injury resulting from its negligence or that of its servants, agents or employees. Subject to the above, the liability of UD in contract, tort, negligence, pre-contract or other representations or otherwise arising out of or in connection with these terms and conditions or the performance or observance of its obligations under these terms and conditions, and every applicable part of them shall be limited to the amendment of any inaccurate data in accordance with Section 9 above or in the event that UD fails to electronically publish an advertisement, the advertiser’s sole remedy and the UD’s entire liability to the advertiser shall be limited at the UD’s option to either a refund of the advertising fee or relevant portion thereof, or placement of the advertisement at a later time in a comparable position. The advertiser acknowledges that any Magazine on which an advert is displayed is provided on an “as is” and “as available” basis without any representation or endorsement. UD makes no warranties of any kind, whether express or implied, in relation to such Magazine, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade or that the Magazine will meet any requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected.
10.2. UD shall have the right to hold the advertiser liable for such monies as are due and payable to UD for advertising which the advertiser or its agent ordered and which advertising was published and displayed.
10.3. No conditions other than those set forth in the rate card shall be binding on UD unless specifically agreed to in writing by UD.
10.4. UD is not liable for delays in delivery and/or non-delivery in the event of any situation beyond the control of UD.
11) No conditions other than those set forth in the insertion order or this shall be binding unless expressly agreed to in writing. In the event of any inconsistency between the insertion order and this Agreement, this Agreement shall prevail.
These terms and conditions (as amended from time to time) together with any document expressly referred to in any of the terms, contains the entire agreement between the parties relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or verbal, between the parties in relation to such matters. No verbal explanation or verbal information given by any party shall alter the interpretation of these terms and conditions. Each party confirms that, in agreeing to these terms and conditions, it has not relied on any representation save insofar as the same has expressly been made a representation in these terms and conditions and agrees that it shall have no remedy in respect of any misrepresentation which has not become a term of these terms and conditions save that the agreement of each party contained in this. The invalidity, illegality or unenforceability of any provision of these terms and conditions shall not affect or impact the continuation in force of the remainder of these terms and conditions. Nothing in these terms and conditions shall be construed as creating a partnership or joint venture of any kind between the parties or as constituting either party as the agent of the other party for any purpose whatsoever and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose. These terms and conditions shall be governed by and construed in accordance with Irish law and the parties hereby submit to the jurisdiction of the Irish courts in respect of any dispute or matter arising out of or connected with these terms and conditions.
Contract formation: By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. A contract is formed when we have accepted your offer, at which point we will provide the subscription to you. Upstairs Downstairs reserves the right to reject any offer in its discretion, for any or no reason, and we will refund you the subscription fees paid.
General: If you purchase a subscription the magazine will be delivered to an address of your choice. In certain countries, cities or regions, subscriptions are not available at all. Please contact us if you require further information.
Your magazine will be delivered directly to an address of your choice as specified by you, as long as it is within our delivery areas. Once your application to subscribe has been accepted, Upstairs Downstairs will aim to commence delivery of the magazine to you with the next issue. Any failure to commence delivery within the foregoing timescales will not constitute a breach of this Agreement. If your address is outside of our delivery areas, we will deliver your magazine to your specified address by post, and such delivery will be subject to normal postal delays. We may use third parties to assist us in the provision of the subscription services to you.
Subscriptions are generally non-transferable and cannot be resold by you. However, if you decide to cancel your subscription you may be able to transfer it to another person. If you wish to do so please contact us. Your subscription period will be annual, unless another subscription period is made available to you.
When you subscribe you must provide us with complete and accurate payment information. Where applicable, you may pay online by credit card, direct debit or in some cases offline by credit card, cheque, or by other methods that we may make available. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your subscription and may in suspicious circumstances contact the issuing bank/payment provider and/or law enforcement authorities/other appropriate third parties. If you are entitled to a refund under this Agreement we will credit that refund to the card, bank account or other payment method you used to submit payment, unless it has expired in which case we will contact you. In no event shall Upstairs Downstairs be responsible for lost orders or payments. In the case of unauthorised payments Upstairs Downstairs reserves the right to suspend or terminate your subscription. Upstairs Downstairs reserves the right to cooperate with the relevant authorities in the event that Upstairs Downstairs, at its sole discretion, suspects that any payment is fraudulent or otherwise unlawful.
Pricing errors: If we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription without any obligation to us and we will refund you any money you have paid us in full or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your subscription and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.
Cancellations/Suspension: Although you may notify us of your intention to cancel your subscription at any time (in which case we will cease delivering the magazine or vouchers to you), we will not, to the extent permitted by law, provide you with a refund once we have started providing any part of your subscription to you, except in the very limited circumstances which are referred to in this Agreement.
You may temporarily suspend your subscription for maximum periods of 3 issues at any time. We cannot otherwise extend or credit your subscription, nor grant you a refund, for the period of time that your subscription was suspended for. If you wish to suspend your subscription, you should provide at least 7 business days advance notice.
You may also cancel or suspend your subscription by contacting our Customer Services teams. Please call + 353 (0) 91 588 359 or +353 (0) 87 859 6164 or email to email@example.com
Renewals: If you have chosen to pay through a continuous billing method such as credit card continuous service or direct debit, then – unless you notify us before the end of your subscription period that you no longer wish to receive your subscription – your subscription will renew for another period. We will charge for the subscription using the same card or other payment method that you previously used. We will notify you in advance of any changes to the price in your subscription that will apply upon renewal.
For all other subscriptions, we will send you an email or notice letting you know when your annual subscription is close to ending (unless you have already told us that you wish to cancel your subscription). We will also ask you whether you would like to renew your subscription. If you fail to respond to these notices or you fail to pay your renewal invoice, your subscription will expire on its end date.
Moving house: If you are moving house, then we may be able to transfer your magazine to your new address, provided that you advise us of your change of address. If we are unable to provide you with magazine delivery to your new address, we may contact you to offer alternative products or services or provide you with a pro rata refund for your subscription.
Cancellations by us: Upstairs Downstairs reserves the right to suspend or terminate your subscription if you breach this Agreement, with or without notice and without further obligation to you. You will not be entitled to any refund in these circumstances. If however we terminate or suspend your subscription for any other reason and/or permanently cease publishing the magazine or cease to provide subscription services then, unless there are exceptional circumstances, we will provide you with a pro rata refund to your credit card or bank account, which means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription and that shall be our only responsibility to you in respect of such termination.