Payment Terms

You shall pay the Charges for each Service plus any applicable taxes such as VAT.

Charges are given exclusive of VAT.

Payment shall be made in pounds sterling (£) by electronic funds transfer, cheque, or the clearing bank’s BACS system.

Payment shall mean the receipt by us at our principal place of business (or elsewhere as we may direct) of cash, or the crediting to our bank account of a cheque or money transferred electronically (including by Direct Debit) or through the clearing bank’s BACS system.

Where a Service is on a Monthly Rolling basis:

The Charges in respect of each Service Month shall be paid by Direct Debit in that Service Month and in accordance with the Direct Debit mandate set up at the time your Advertisement Order was given;

You shall do nothing to block, delay or otherwise invalidate the payment of any Direct Debit payment; and

You shall not cancel a Direct Debit or claim a refund under the Direct Debit Guarantee in respect of any Service Month, and we reserve the right to immediately initiate debt recovery procedures in the event of breach of this sub-clause.

You indemnify us without limitation (notwithstanding any other clause of these Conditions) for any Costs arising due to your breach of this clause.

Except where a Service is on a Monthly Rolling basis payable by Direct Debit, we shall issue you with an invoice for the Charges and you shall pay us the Charges. The Charges shall be due and payable by the due date specified on the invoice.

If you dispute an invoice in good faith, you shall pay the undisputed amount when due and payable and shall submit written notice of the dispute including the disputed amount, reasons for the dispute and supporting documentation, within 14 calendar days from the date the invoice is received. The Parties shall use their best efforts to resolve the dispute. Any amounts disputed pursuant to this clause and resolved in favour of Fylde Approved Trades shall be due and payable by you within 14 days of the resolution of the dispute.

Unless you notify us to the contrary, we shall be entitled to apply any payment made to the earliest undisputed outstanding Charges due and payable by you in respect of any Agreement or Service.

You shall have no right of set-off of any claims or judgments against any Charges due and payable under this Agreement unless for Claims which are uncontested or the subject of an order from a court of competent jurisdiction which is not subject to appeal.

In the event of non-payment we’ll ask you to make arrangements to pay via an alternative method. We may temporarily suspend your account until payment is made. We reserve the right to remove your advertisement from our service and instruct a debt recovery agency or solicitor, should the outstanding amounts not be paid within 30 days of the payment due date. This may result in the addition of statutory late payment fees and interest at a rate of 8% per annum over the Bank of England Base Rate as provided pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 on the outstanding balance.

Interest on any amounts payable pursuant to this Agreement remaining unpaid beyond the Interest Date shall compound and accrue daily at an effective rate equivalent to a per annum rate of 8% above the Interest Rate determined on a daily basis. Interest shall be due and payable immediately upon accrual and shall not require invoicing. The Parties agree that interest determined in accordance with this clause represents a genuine pre-estimate of damages caused to Fylde Approved Trades by unavailability of funds and is not a penalty.

Should the client not complete The Term either through cancellation of a direct debit instruction, any other non-payment or a general breech of the contract the Company reserves the right to charge the client for;

The un-expired period of the term, and

Any unpaid sums at the breech, and advertisement and the price in this contract.

Term and Termination

The Agreement shall commence on the Effective Date notwithstanding that the Advertising Agreement may be issued or received after the effective date.

Unless it is terminated earlier in accordance with these Conditions, the Agreement shall continue until expiry of the term of all Services.

The term of each Service shall commence on the Service Commencement Date and shall continue for;

Each Renewal Period for Services on a Fixed Term basis; or

  • Indefinitely for Services on Monthly Rolling basis;
  • until terminated in accordance with the Agreement.

Thereafter the agreed minimum term is for twelve months from the effective date. To effect a cancellation for the advertising 60 days or 2 months notice, this will incur an early termination fee of £150.00 and must be served in writing to the registered address. The notice period will take effect on acknowledgement by the Company in writing.

You agree that the Early Termination Fee is a genuine pre-estimate of our loss caused by your early termination of the Agreement and is not a penalty.

You may notify us in writing that you want us to permanently remove your Advertisement from display on or, in relation to our display advertising service, or from our partner sites. We will endeavour to action this request as soon as is reasonably practical. You shall not be discharged from your obligations to pay the full amount of the Charges contracted for the term of the Service, notwithstanding the removal of an Advertisement.

Where a Service is on a Fixed Term basis, at the end of the Initial Period and each Renewal Period the term shall extend for subsequent periods of duration equal to the Renewal Period unless either Party gives notice not to renew at least 60 days prior to expiry of the then current term

If you terminate or opt out of any Agreement and you subsequently wish to advertise with us, a new Agreement shall be required.

The Agreement shall immediately terminate without notice, if:

Notice is given, a resolution is passed, or an order is made, for:

  1. The winding up of, or the appointment of an administrator over, the other Party (being a company);
  2. The bankruptcy of the other Party (being an individual); or

iii. The bankruptcy of a member of the other Party (being a partnership);

The other Party (being an individual) or a member of the other Party (being a partnership) dies or by reason of illness or incapacity (whether mental or physical) is incapable of managing his or her own affairs; or

Any event occurs, or proceeding is taken, with respect to the other Party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in this clause.

Either Party may suspend some or all of its obligations pursuant to the Agreement immediately upon written notice if:

A petition for the winding up of the other Party (being a company) is filed;

A petition for the bankruptcy of the other Party (being an individual) is filed;

An application is made to a court for the appointment of an administrator or if a notice of intention to appoint an administrator is given in respect of the other Party;

A receiver is appointed over all or any of the assets of the other Party; or

Any event occurs, or proceeding is taken, with respect to the other Party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in this clause.

Either Party may terminate the Agreement immediately upon written notice if:

The other Party commits an irremediable material breach of the Agreement;

The other Party commits a material breach of the Agreement and fails to remedy that breach within 30 Business Days of being given written notice to do so;

The other Party repeatedly breaches the terms of the Agreement and such breaches continue after 10 Business Days of being given written notice of such breaches;

The other Party is unable to pay its debts as they fall due and payable within the meaning of Section 123 of the Insolvency Act 1986; or

The other Party suspends or ceases carrying on all or a substantial part of its business.

We may, without prior notice, immediately suspend any or all Services provided to you if:

You engage in any click fraud or astroturfing in respect of any Service (whether yours or a third party);

You fail to pay any amount due pursuant to the Agreement or any other agreement between you and Fylde Approved Trades when due and payable; or

We otherwise have a right of termination without prejudice to the exercise of such right, excluding our right to terminate for any or no reason pursuant to the clause

Suspension of your Services pursuant to this clause shall not relieve you of the obligation to pay the Charges in respect of such Services. The suspension shall cease as soon as reasonably practicable following resolution of the circumstances giving rise to the suspension.

We may terminate any Service or part thereof, at any time for any or no reason, by giving 14 days written notice. In the event of termination pursuant to this clause, you shall be released from further liability in connection with the Service and shall be entitled to a pro-rata refund any Charges you have already paid to us and which relates to a period after the date that the Service has terminated.


Other than as expressly set out in these Payment Terms or in the Trade Business User Agreement, all refunds are at our sole discretion. If we do give you a refund, we shall be entitled to deduct and early termination fee and an amount equivalent to the value of any minimum term agreement as stated within the Terms & Conditions and contract agreement. You acknowledge that we are only able to offer low rates by making these available on a fixed term basis. If you exercise your right to cancel your agreement to the Service under this paragraph, we are entitled to invoice you for Fees to cover the period from the date of cancellation until expiry of the Minimum Term and you agree to pay the invoiced amount within 14 days of the date of invoice.

We reserve the right to review our fees from time to time.  If we increase our Fees we will give you 14 days notice before the increased Fee takes effect.

Please see the ‘Our Rights’ section of the Trades Business User Agreement for details of our rights to terminate your access to the Services.