Advertiser/Service Provider Membership Agreement

Advertiser/Service Provider Membership Agreement

Terms of Membership

Elocutionkids.com (EKC) provides through its website a facility for speech and language practitioners and other Speech Language and Communication Needs (SLCN) service providers (SPs) and associated disciplines based within the EU to advertise their courses and services to a wider audience through the platform of the EKC website.

To advertise services on the EKC website SPs must become members by registering as a ‘Service Provider’ with EKC using the On-line Registration Form and pay the subscription fee. You must be eligible to work in the United Kingdom and have the appropriate certification to work with the category of person to whom the services are provided. The On-line Registration Form together with the terms in this Membership Agreement form the entire agreement between EKC and the SP.

EKC shall have the right to up-date and amend these terms from time to time and notice of such amendment shall be deemed provided by publishing the up-dated terms in the SP area of the website.

Elocutionkids.com Duties

Upon registration and payment of the annual subscription fee EKC will:

1. Provide a User Profile for the SP and accessible for update together with the facility for the SP to advertise SLCN related services through the EKC website;
2. Keep the EKC website in an up-dated form and on-line for general accessibility to the website and the SP’s advertisements and actively market the website on the internet (www) forum;
3. Ensure that any party or person accessing the EKC website can connect to the advertisement and material up-loaded by the SP to the SP’s on-line Profile account;
4. Ensure that SPs are treated equally so that no SP gains an advantage or is disadvantaged in the layout, style or maintenance of the SP advertising section of the EKC website;
5. To send out an Annual Renewal Notice and not to take termination action for non-renewal for 7 days after the renewal date.

Service Provider Conditions

In registering to be a SP on the EKC website, you agree to abide by the terms set out in this Agreement, including the Conditions herein.

Within 14 days of registration the SP will provide to EKC the relevant documents to prove:

• Right to work in EU;
• Qualification;
• Indemnity Insurance; and
• Appropriate Vetting information (DBS or equivalent)

and annual renewals or changes to status.

The SP will (by self and agent):

1. Keep the SP User Profile complete and up-dated at all times;
2. Use and promote only your own services and/or those of your business entity;
3. Use the advertising facility on the EKC website to advertise and promote SLCN services only;
4. Not use the EKC website to promote commercial advertising (save that references to businesses and their services and links to business websites are permitted);
5. Not use obscene, vulgar, abusive or evocative language or words or phrases that may cause offence to any person or may reasonably be interpreted by EKC as being intended to be provocative towards any person or groups of persons or which may invoke intolerance or incite violence;
6. Where the SP links an external website to the EKC website, ensure that such website and its content does not and will not breach 2 - 5 above;
7. Take appropriate measures to prevent hacking of the EKC website by employees or agents and to exercise safeguarding of its User profile;
8. Not use the EKC website directly or indirectly to distribute sales or marketing material, or any form of IT ‘junk’ or ‘spam’;
9. Not upload to or via the website directly or indirectly any material that may contain any form of virus or which is intended to or may cause any damage to a third party or their equipment whatsoever;
10. Check all content used or posted to the EKC website or any advertisement referenced from or linked to via the EKC website for accuracy and errors and will keep such content up-to-date and accepts all liability and responsibility for errors in that content to the full extent that such accuracy and/or errors are relied upon by any third party.
11. Ensure that the services to be delivered match the services as described and comply with the requirements of EU (and appropriate national) regulation as regards to fitness for purpose;
12. Be responsible for the delivery of advertised services in a manner which is consistent with the ethos and ethics of the EKC model and in accordance with law;
13. Remove immediately any advertisement for services that are no longer available and update any advertisement to take account of any changes to services;

Breach of conditions

The SP hereby agrees:

Should any SP breach the Conditions of this Agreement they agree to be removed from the Advertisers Database forthwith and any advertisement of services may be withdrawn from the EKC website immediately and all and any fees paid shall be forfeit.

In the event of a breach of Condition which results in any loss to EKC or renders EKC liable to any claim arising from a breach of the conditions to this agreement, the SP will provide a full indemnity in respect of such claim and any costs to such claim together with any outlays incurred by EKC arising from the breach or the claim, whether the claim is successful or otherwise.

Warranties

In completing the On-line Registration Form the SP warrants:

• You are domiciled in the EU and where appropriate, eligible to work in the United Kingdom;

• You (You or the organisation you represent) hold a relevant qualification recognised by one of the authorised SLCN or teaching bodies or equivalent Authority or Body within the EU to provide SLCN services to the general public;

• You hold relevant third-party insurance to cover any claims for personal injury, loss or damage from persons or parties to whom you provide services including professional indemnity insurance;

• You (or any person within your organisation who is involved in the delivery of services) have no unspent criminal convictions (save motoring offences); or any convictions (or pending prosecutions) whatsoever at any time relating to children or vulnerable adults; have not at any time been subject to any child-protection measures or listed upon any Child-Protection Registers; and know not of any reason as to why you are not able to deliver services to children and vulnerable adults and hold the required certification to work with children and vulnerable adults;

• That the information supplied on the On-line Registration Form is correct and true to the best of your knowledge or belief;

• The accuracy and content of all material used or conducted through the EKC website by you or your organisation that where any material is or may be subject to any IP right, such right is owned by the you or you hold relevant and current licenses or permissions to use the material;

Breach of Warranty

The SP hereby agrees to indemnify EKC without limit and hold it harmless against any claim it receives arising from any breach of the warranties stated herein.

Termination

This agreement shall automatically terminate seven days after the Subscription Renewal Date should the SP not pay the renewal subscription fee.

EKC may terminate this agreement for any breach of the terms of this agreement, or where EKC is of the reasonable view that the SP is no longer providing the advertised services or services which conform or comply with those described in the SP’s advertisements, or the level of complaints received by EKC regarding the SP or the SP’s services are such that EKC is of the view that retaining the SP’s subscription may harm EKC or any of the other SPs.

No refunds of subscription will be provided on termination.

Disclaimer

The EKC website acts as an advertising medium only and EKC provides no warranty of any kind that any SP will receive requests for services through the website or by subscribing to the advertising services. Whilst EKC will actively market the EKC website it cannot control the volume or nature of the traffic through the site nor direct it to the SP’s advertisements and provides no warranty to do so. Whilst it will attempt to ensure that that the SP’s material is correctly displayed and access functionality to the SP’s advertising material is working, EKC accepts no responsibility for any losses suffered by SPs arising from any temporary downtime of the website or accessibility difficulties of potential customers to any SP’s material.