Business Directory Terms & Conditions
Description of Service
In accordance with these Business Listings Terms and Conditions (referred to as the “Agreement”), Race Directors HQ (referred to as “RDHQ” or “We”), an online platform aimed at endurance event organisers and owned and operated by ECR Sport Ltd, a private limited company registered in the UK (Companies House reg. no. 09689917), shall display on the Website one or more of the following on the applicable listing page of the Customer’s business: a link to the official URL, the phone number, and a link to the Customer’s business email address, from the Effective Date until terminated by either party in accordance with this Agreement (the “Term”). RDHQ makes no guarantees as to the effectiveness of creating a Business Listing.
RDHQ Business Listings is a subscription product that helps race directors and endurance event organisers discover your business, learn more about your product and service offerings and, depending on the subscription package selected for your listing, contact your business by email, direct inquiry, phone or by visiting your business website.
“Add-on” means a product that is purchased by Customer in addition to a Business Listing subscription. All Add-ons expire at the same time as the related Business Listing subscription.
“Business Listing” shall be defined as a listing which includes one or more of the following listed on the Website: a) a link to an official URL for the business, b) a phone number, and c) link to the business’s email address.
“Business Listings Order” means the record generated by RDHQ sent to the Customer setting out the terms of the Business Listing.
“Customer” or “You” means the contracting entity (together with any affiliates or subsidiaries, if applicable) as listed in the Business Listings Order.
“Deliverables” means one or more of the following that Customer can choose to add to a Business Listing (subject to listing subscription package features and restrictions): the official URL, link to the property’s email address, phone number.
“Effective Date” means the date that the Business Listing is initially displayed on the Website when submitted by the Customer and as recorded in the Business Listings Order or when an existing Business Listing is claimed by the Customer (unless otherwise agreed between the parties).
”Subscription Term” means the period of a Business Listing subscription (regardless of payment frequency), which may be renewed in accordance with these terms.
“Website” means www.racedirectorshq.com
Sales Order Rules
We reserve the right, without liability, to reject, remove and/or cancel any information in the Business Listings that contain content or links which do not meet our specifications, at our sole discretion. Our sole liability under this Agreement shall be to refund the pro-rata portion of amounts paid for the unfulfilled term to the extent that the content or links do not meet RDHQ specifications. However, in cases which involve fraudulent activity of any type, or inappropriate or malicious content, no refunds will be provided. We may redesign the Website at its sole discretion at any time. Customer agrees to the following:
a) Customer hereby grants RDHQ and its affiliates the right to display Business Listing information on the Website. Failure by RDHQ to publish any Business Listing information does not constitute a breach of contract or otherwise entitle Customer to any legal remedy.
b) Customer’s failure to comply with all applicable requirements of this Agreement may delay or prevent the display of the Business Listing and shall give RDHQ the right to immediately terminate the applicable Agreement;
c) Customer shall be solely responsible for the content provided to RDHQ for the Business Listing (including but not limited to a promotion or offer) and any web site linked to from such information, and Customer shall indemnify RDHQ for all loss, costs, and damages in connection with any claims of infringement of any third party rights and any claims arising from the content (including but not limited to unfair or deceptive acts and practices and consumer protection claims). Customer represents, warrants and covenants to RDHQ that at all times, (a) it is fully authorised to publish the entire contents and subject matter of all requested information (including, without limitation, all text, URLs, and Internet sites to which URLs are linked); (b) all such materials and Internet sites comply with all applicable laws and regulations and do not violate the rights (including, but not limited to, intellectual property rights) of any third party; (c) it has the full corporate rights, power and authority to enter into this Agreement and to perform the acts required of it hereunder, and its execution of this Agreement does not and will not violate any agreement to which it is a Party or by which it is otherwise bound, or any applicable law, rule or regulation; and (d) each such Internet site is controlled by Customer and operated by Customer or its independent contractors, is functional and accessible at all times, and is suitable in all respects to be linked to from the applicable site.
Privacy and Compliance
Where Customer purchases a Business Listing subscription, Customer acknowledges and agrees that this is on the basis of a recurring payment, and that payments shall be made to RDHQ by the method selected by Customer at the recurring intervals until the subscription for Business Listings is terminated by Customer or RDHQ in accordance with this Agreement. Customer agrees that the same method of payment must be used for all business services purchased by Customer under the same account, unless otherwise notified by RDHQ. Accordingly, if Customer makes a change to its selected payment method for Business Listings, this will effect a change to the payment method for all other services. Customer’s authorisation to debit its bank account, charge its credit card or make any other valid form of payment for Business Listing subscription fees will create an authorisation for the same method of payment for all other services ordered under the same account. Customer shall be charged for the Business Listing from the Effective Date. Customer shall pay RDHQ upfront or in regular instalments (as applicable) for the display of Business Listing information. All sums payable by Customer to RDHQ under this Agreement are exclusive of any sales tax, indirect or other taxes chargeable on any supply to which those sums relate (except for VAT, which may be billed in Customer’s invoice).
Business Listings will be renewed automatically at the end of a Subscription Term for a subsequent Subscription Term of equal length at the then-current standard rates. The applicable fees will be charged to the payment method on file unless otherwise notified of a cancellation in writing. Although RDHQ may choose to send a reminder email prior to charging a Customer for a renewal fee, RDHQ is not responsible for notifying a Customer of this automated renewal.
If You miss any payment owed to RDHQ or if a credit card is expired or otherwise fails to authorise, the Business Listings service may be discontinued without notice.
Effective Date, Cancellation, Switching and Add-Ons
Unless RDHQ notifies the Customer otherwise, this Agreement is effective upon the Effective Date.
If a Customer requests the cancellation of a Business Listing subscription at any time during the first fourteen (14) days of the first Subscription Term (or of any subsequent Subscription Term, if the subscription is renewed), the cancellation will take effect immediately and the Customer will be entitled to a prorated refund of the pre-paid Business Listing fee, in respect of the unused portion of the subscription, unless the Subscription Term is one month, in which case Customer shall not be entitled to a prorated refund. If a Customer requests cancellation at any time after the first fourteen (14) days of the first Subscription Term (or of any subsequent Subscription Term, if the subscription is renewed), the cancellation will take effect on the first day after the end of the current Subscription Term and the Customer will be not be entitled to any refund of fees paid.
Upon termination of this agreement, Customer’s sole remedy will be a refund of pre-paid fees (if applicable) under the terms of the above cancellation policy. Neither RDHQ nor any of its affiliates will have any other liability of any nature to the Customer or any other third parties, in respect of termination.
If permitted by RDHQ, a Customer may switch from one type of Subscription Term to another. If such switch is permitted, the relevant changes to payment terms, renewal dates and the applicable cancellation policy will come into effect on the next payment date, as applicable.
If Customer purchases an Add-on, such as a featured listing, it shall expire, renew and be cancelable on the same terms as the Business Listing subscription to which it relates.
Liability, Warranty & Indemnity
a) RDHQ makes no warranties, express of implied, including without limitation, any warranties as to the number of visitors to or pages displayed on the Website or the Website’s functionality, performance or response times. RDHQ disclaims and shall not be liable for any other loss, injury, cost or damage suffered by Customer or any third party and shall in no event be liable for consequential, special or incidental damages, including lost profits. This provision shall survive any expiration or termination of this Agreement. In no event shall RDHQ or any of its affiliates be liable to Customer for an amount in excess of the total subscription fees paid by Customer to RDHQ for the Business Listing over the Subscription Term at issue.
b) Customer agrees to defend, indemnify and hold harmless RDHQ and each of RDHQ’s agents, customers, subcontractors and affiliates, and the officers, directors, and employees of any of the foregoing, from, against and in respect of any and all losses, costs, (including reasonable attorney’s fees) expenses, damages, assessments, or judgments (collectively, “Liabilities”), resulting from any claim against any such parties in connection with Customer’s advertisement, except to the extent that such claims directly resulted from the gross negligence or wilful misconduct of RDHQ.
This Agreement is governed by the law of England & Wales. Unless any alternative dispute resolution procedure is agreed between RDHQ and the Customer, the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any dispute which arises out of or under this Agreement
No joint venture, partnership, employment, or agency relationship exists between Customer and RDHQ. Customer may not assign its rights hereunder to any third party unless RDHQ expressly consents to such assignment in writing, not to be unreasonably withheld. Modifications to the originally submitted Agreement will not be binding unless signed by both parties. If any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree or decision, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be deemed modified to the extent necessary to make them enforceable. The Parties acknowledge and agree that RDHQ may archive an electronic copy of the fully executed Agreement. Except as specifically provided herein, this Agreement constitutes the entire understanding between the parties and supersedes any and all prior understandings and/or agreements between the parties with respect to the subject matter regarding Business Listings. RDHQ may amend this Agreement at any time, by giving Customer notification of the amendments in writing or via email. Unless otherwise stated in the notification or unless Customer cancels its Business Listing subscription (as permitted by this Agreement or the notification), any amendments shall be automatically effective thirty (30) days after they are notified to Customer.