Black Friday Referral Frenzy Terms & Conditions
Last modified 24th October 2023
These Terms and Conditions (Agreement) governing the Black Friday Referral Frenzy (“Referral Scheme”) are agreed between Spoton.net Limited, registered in England and Wales with Company number 06139437 and with the registered address of 167-169 Union Street, Torquay, Devon, TQ1 4BX (“We”, “Us”, “Our” etc.) and the entities entering into this agreement (“Referrer” and “Referee”).
Referrer means the entity that refers an entity to us under the Referral Scheme
Referee means the entity that is referred to us under the Referral Scheme
Working day means a week day when banks in England and Wales are open, excluding the period from 23rd December 2023 to 2nd January 2024 inclusive
2.1 Referrer must have an active agreement with us for the design, development, and hosting of a website. Referrer must have no unpaid charges due under the agreement.
2.2 Referee must enter into an agreement with us for the design, development, and hosting of a website. Referee must enter into the agreement and pay the initial fee in full between 1st November 2023 and 31st December 2023 inclusive. If Referee is a consumer with the right to cancel within a period of 14 days from placing the order, this cancellation period must have passed. Referee must specify the identity of Referrer at the time of entering into the agreement.
3. Referral Reward
3.1. The referral reward (“Reward”) is a £50 Amazon.co.uk Gift Card for each of Referrer and Referee. We may, at our sole discretion, substitute an alternative reward of equal value.
3.2. Referrer and Referee are solely responsible for any respective tax obligations that may arise from receiving Reward.
3.3. Reward will be delivered within 20 working days of Referee meeting the eligibility requires specified in clause 2.2. Reward will be delivered digitally to the e-mail address specified by Referee.
4.1. Referrer may enter into similar agreements with us concerning other Referees.
5. Force majeure
5.1 Force Majeure Event means any circumstance not within a party's reasonable control including, without limitation:
(a) acts of God, flood, drought, earthquake or other natural disaster;
(b) epidemic or pandemic;
(c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
(d) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition;
(e) collapse of buildings, fire, explosion or accident;
(f) interruption or failure of utility service.
5.2 Provided it has complied with Clause 5.4, if a party is prevented, hindered or delayed in or from performing any of its obligations under this agreement by a Force Majeure Event (Affected Party), the Affected Party shall not be in breach of this agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
5.3 The corresponding obligations of the other party will be suspended, and its time for performance of such obligations extended, to the same extent as those of the Affected Party.
5.4 The Affected Party shall:
(a) as soon as reasonably practicable after the start of the Force Majeure Event but no later than 14 days from its start, notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the agreement; and
(b) use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.
5.5 If the Force Majeure Event prevents, hinders or delays the Affected Party's performance of its obligations for a continuous period of more than 2 months the party not affected by the Force Majeure Event may terminate this agreement by giving 1 written notice to the Affected Party.
6.1 Neither party shall assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under this agreement without the prior written consent of the other party.
7. Third party rights
7.1 This agreement does not give rise to rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
7.2 The rights of the parties to rescind or vary this agreement are not subject to the consent of any other person.
8.1 A waiver of any right or remedy under this agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
8.2 A failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.
9. Rights and remedies
9.1 Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
10.1 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
10.2 If any provision or part-provision of this agreement is deemed deleted under Clause 10.1, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
11. Governing law
11.1 This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
12.1 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.