SHIPSERV PAGES
SERVICE GUIDELINES
(2006-10)
These Service Guidelines represent good practice and will enhance the value of the ShipServ Pages (“ShipServ Pages”) to Your customers and therefore ultimately to You. You will find similar guidelines or policy statements in most websites offering the types of Services offered by ShipServ Pages.
The Guidelines will be developed in the light of experience. ShipServ does not wish to be too prescriptive but this will depend on the way in which businesses adhere to the spirit of these Guidelines.
1. CONTENT
The use of the word “Content” in these Service Guidelines means information, data, art work, advertising, logos or photographs or any other material that you put into ShipServ Pages.
2. SERVICES
ShipServ Pages currently offers the following services (“Services”):
- a “Listing”, meaning the details of your business publicly made available to users of ShipServ Pages, which you can create, verify, amend, update, or extend through purchasing the right to add extra Content:
- “Advertising” your products and services to the users of ShipServ Pages.
The various levels and types of Listing and Advertisement are described on the Service Description pages of ShipServ Pages.
3. LEGAL CONSIDERATIONS
YOUR ATTENTION IS DRAWN TO CLAUSE 4.5 OF THE SERVICE CONDITONS,
WHICH REQUIRE THAT THE CONTENT THAT YOU PUT INTO SHIPSERV PAGES IS ACCURATE,
HONEST UP-TO-DATE AND NOT IN BREACH OF ANY LAWS OR ANYONE ELSE’S INTELLECTUAL
PROPERTY RIGHTS. THESE SERVICE
Shipping of course is an international business but regrettably advertising / listing in a service such as ShipServ Pages is a complex business subject to different laws in each country and particularly in areas such as consumer products, financial and professional services, medicines etc. It is entirely your responsibility to ensure that your Content complies with all legal requirements bearing in mind that ShipServ Pages is available worldwide and your potential customers could be based in almost any country.
ShipServ has the absolute right to reject any Content which
it considers to be in breach of Clause 4.5 of the Service
Conditions or these Service Guidelines. The fact that it does not do so,
however, shall not in any way affect your position or your liability to
ShipServ. ShipServ is only likely to change its mind if you can produce a legal
opinion satisfactory to ShipServ or its advisers that your Content does not
breach Clause 4.5 of the Service Conditions or these Service Guidelines. Such an
opinion is likely to have to cover the law of the country where you are
providing the service, as well as possibly English law as the website of
ShipServ Pages is located in the
4. INDIVIDUALS
You may only be listed on the site if you are a registered company; at the moment it is not open to individuals – please contact ShipServ for further information.
5. LISTING GUIDELINES
Remember most major shipping brands are already ShipServ TradeNet customers and will be using ShipServ Pages. Also shipping is a small world.
In general your Content must be accurate and not be misleading.
As part of such accuracy, your information under the various sections must comply with the criteria set out below.
- "Authorised Agent" or "Authorised Installer and Repairer" means that you have been authorised under a contract to so act for any business / brand named under these sections.
- "Also Supplies" means that you supply parts or products in respect of any business / brand named under this section. They may or may not be OEM (Original Equipment Manufacturer) parts or products i.e. manufactured or branded by the OEM under its own name.
- "Memberships" means that you are properly registered as a member of any organisation that you list under this section
- "Supply Categories" means that you are a regular supplier of the category of items listed under this section or you can obtain the items easily within the expectations of your customers.
- "Ports of presence" means a port where you are present with an office, warehouse or similar facility.
- "Other ports served" means that, while you are not present in such ports, you deliver orders in such ports regularly and are capable of doing so easily within the expectations of your customers.
In addition:
- You must not use in your Content the logo, other trademark or the brand style / “look and feel” of a business you represent unless you have been authorised by such business to do so.
- “Knocking” a competitor’s products is not permitted
- Suggesting that you have the lowest prices or the best product is not permitted unless you have third party evidence to prove this.
- Offensive or other inappropriate language will not be permitted.
- URLs must connect to the front page of your website or the main subsection of your website that deals with your marine activities. Such page must not generate pop-ups when users enter or leave it.
- If you offer discounts or “Free offers” in any Content, a user should be able to find information on this within 2 or 3 clicks on your website.
6. DISPLAY GUIDELINES
The following guidelines should be followed in completing your listing:
- Do not capitalise whole words for emphasis – capitals should only be use as in normal sentences.
- Punctuation should be used normally. It is unlikely that the use of exclamation of question marks (! or ?) will be appropriate in a listing.
- Correct spelling should be used.
- Unnecessary repetition is not permitted
- Telephone numbers must be shown as: International access code – City code (without any initial number e.g. 0) – Number e.g. +44 20 7283 4646
ShipServ reserves the right to amend your Content to adhere to these Display Guidelines.
7. ADVERTISING GUIDELINES
- It must be clear from an advertisement as to who is advertising and if no contact details are shown the advertisement must link to your website in which contact details must be easily found.
- Images may not contain sexual themes, nudity or sexual activity.
8. POSITIONING
- If you purchase a Listing or Advertising at a certain level ShipServ does not guarantee the order in which your Listing or Advertisement will appear within that level.
- ShipServ may change the layout the look, feel, style, facilities and functionality of ShipServ Pages or any of the Services but in doing so ShipServ shall endeavour not to materially diminish the overall functionality and value of the Services or ShipServ Pages.
9. PRODUCT & SERVICE RESTRICTIONS
9A. LIMITED MENTION OF CERTAIN PRODUCT TYPES
You may not use Content involving the mention of individual brands of the following product types
- Alcohol
- Drugs, medicines, drug accessories, herbal remedies – prescription or otherwise
- Tobacco products – cigarettes,
cigars, pipe tobacco etc.
although you may advertise your ability to supply such products in general provided that you are not in breach of any appropriate laws.
9B. PROHIBITED GOODS & SERVICES
Content involving the following is not permitted in any form:
- Counterfeit goods or replicas e.g. spare parts
- Fake documents e.g. fake IDs, passports, diplomas, certificates etc
- Gambling - casinos, betting, bingo, gaming whether on-line or off-line
- Sex – including prostitution, sexual services, pornography etc.
- Weapons - firearms, ammunition, knives (other than for normal shipboard use), brass knuckles or similar offensive weapons.
Furthermore your website must not offer or promote any of these products or services.
9C. PROFESSIONAL SERVICES
If you offer professional services (e.g. medical, legal etc), you must ensure that you are at all times authorised to carry out such services and your Content must comply with any applicable professional services laws and regulations in respect of any listing or advertisement within the meaning of such laws and regulations
9D. FINANCIAL INSTITUTIONS
If you are a financial institution, you must ensure that you are at all times authorised to carry out such activities and your Content must comply with any applicable financial services or securities markets laws and regulations in respect of an investment advertisement within the meaning of such laws and regulations.
10. BREACHES OF THE GUIDELINES
10A. NOTIFICATION OF A BREACH BY A THIRD PARTY
If a user or other third party believes that information contained in ShipServ Pages is in breach of these Guidelines, an e-mail should be sent to pages-complaint@shipserv.com stating the nature of the breach.
10B.NOTICE TO RECTIFY
10B(1) If ShipServ believes or is informed that you are in breach of any guideline, it will inform you of the nature of the breach and specify the action it requires you to take to rectify the breach. Where possible (see 10D below), ShipServ will give you seven days' notice to rectify the breach or provide an explanation satisfactory (in it sole discretion) to ShipServ.
10B(2) If a brand / business informs ShipServ that you are not its Authorised Agent or Authorised Installer & Repairer, ShipServ’s notice is likely to require you to list such brand / business under “Also Supplies”. If you wish to contest such reclassification, you will be required to produce your contract or a letter from such brand / business confirming that you are so authorised.
10C. FAILURE TO RECTIFY
If you fail to rectify or provide such satisfactory explanation, ShipServ shall have the right to carry out such rectification.
10D. IMMEDIATE RECTIFICATION
If, in ShipServ’s sole opinion, it is not possible or appropriate to give you seven days’ notice, ShipServ shall have the right to carry out rectification immediately but it will notify you as soon as possible thereafter that it has done so.
10E. CONTINUING FAILURE
If following rectification either by you or by ShipServ, you reverse or in any way change the rectification without the agreement of ShipServ, you will be considered to be in breach of the ShipServ Pages Service Conditions and ShipServ shall have the right to terminate your entry in accordance with Clause 6.3 of such Conditions. In such cases no refund of any fees shall be payable to you.
11. CHANGES TO THE GUIDELINES
ShipServ may at any time change, replace or delete these Service Guidelines. Before any proposed change becomes effective, ShipServ shall use reasonable endeavours to e-mail your Administrator (see Clause 4.2 of the Service Conditions fourteen days notice of any such change. Such changes shall also be notified on ShipServ Pages website.
© ShipServ Ltd
October 2006 – Version 2006-10