• Listing Rates • Banner Advertising Rates • Listing Request Forms WEBSITE LISTING TERMS & CONDITIONS AGREEMENT 1. Definitions 1.1 Website Listing refers to the development and hosting of an operator’s product information on the Fiji Visitors Bureau website at BulaFiji.com. This includes all the listing options available to the Fiji Tourism Industry operators and other service operators such as the Tabua Class Packages, Standard Listing, and Basic Listings options. 1.2 Fiji Tourism Operators refers to all the local industry operators including, hotel, resort, tours, and activities operators etc. Other Service operators may include peripheral tourism service providers such as handicraft vendors, duty free shops, restaurants etc. 1.3 Tabua Class Packages refers to the premier listing products that are exclusively available to the Fiji Tourism Operators. These are essentially two different offerings with 1st Class and 2nd Class designations. Please refer to the Website Listings Options for the detailed offerings. 1.4 Standard and Basic Listing options refer to the base options that are exclusively available to the Fiji Tourism Operators. Refer to the Website Listings Options for the details on these options. 2. Fiji Tourism Operators / Other Service Operators 2.1 Listings in the BulaFiji website are exclusively reserved for local Tourism operators and secondary tourism service providers in Fiji. 2.2 Listed operators are required to be legally registered as a bone fide business operation with the appropriate licenses i.e. Hotel operator should possess a valid Hotel license from the Hotel Licensing Board etc. 2.3 Listed operators must reflect a true and fair description of their services in their information content. 2.4 Listed operators must also ensure that their information content is updated regularly. 2.5 Listed operators must ensure that they honor the payment terms as set out. 2.6 All information submitted to the Fiji Visitors Bureau by the listed operators shall be considered publicly accessible. Important and private information should be protected by operator. 2.7 You are responsible for and must provide all telephone, computer, hardware, software equipment and services necessary to access the website. 3. Fiji Visitors Bureau 3.1 The Fiji Visitors Bureau reserves the right to exclude or remove operators from its web site if any of the above conditions have not been met or for other reasons that may compromise its objectives. 3.2 The Fiji Visitors Bureau will provide the physical server, computer space and other operating system software to operate and support the website and its client (Fiji Tourism Operators) information in a manner and standard acceptable in the Information and Telecommunications Industry. 3.3 The Fiji Visitors Bureau will be responsible content management within the website, the backup of the data on its web server on a regular basis, and for the maintenance of its server in order to maintain the optimal performance of its server and providing uninterrupted access. 4. Payment Terms 4.1 Set Up Fee You will pay the Fiji Visitors Bureau a one-time, non-refundable setup fee for the design and development of your chosen Website Listing option according to the current Website Listing Information Schedule which is available from our website [click here] or upon request. Fifty (50) percent of the set-up fee is applicable immediately upon confirmation of the Agreement and the remaining balance is to be paid upon completion of work. 4.2 Service Fee You will pay the Fiji Visitors Bureau an Annual Service Fee (or hosting fee) for the services we provide under this Terms & Conditions Agreement according to our current Website Listing Information Schedule which is available from our website or upon request. The service fee will be billed to you on the final month of your annual term and payment is due on the 20th day of the month in which the Service Fee is billed. For new operators listing in the website, we will commence your billing from the 1st day of the month following your listing confirmation. The Service Fee is subject to adjustment, with notice, according to the current Website Listing Information Schedule. 4.3 Cancellation In the event that you cancel your listing on the website within 3 months after paying your Annual Service Fee, you will be entitled to a 50% refund on your Service Fee payment. The Fiji Visitors Bureau retains the right to charge you an administration fee and deduct this administration fee from your Service Fee before refunding it to you. Cancellations after the 3 month period will not be entitled to any refund of the Annual Service Fee. 4.4 Breach In the event that the Fiji Visitors Bureau terminates this Terms & Conditions Agreement because of a breach, there will be no refund on the Annual Hosting Fee. 4.5 Tax These fees are inclusive of Value Added Tax as required by the Government of Fiji and the Fiji Visitors Bureau standard administration fee in facilitating its activities. 5. Representations and Warranties 5.1 Compliance with Law You represent and warrant that you will comply with all applicable Fiji laws in your performance of this Terms & Conditions Agreement and in the listings within the website, including the laws governing technology, software and trade secrets. 5.2 Authority to Contract You represent and warrant that you have full authority and right to enter into this Terms & Conditions Agreement and that there are no conflicting claims relating to the rights granted by this Agreement. 5.3 Non Infringement You represent and warrant that your performance of this Terms & Conditions Agreement and providing your information for listing, including any software or data files, shall not infringe the intellectual property or other proprietary rights of any third party. 5.4 Fiji Visitors Bureau Performance The Fiji Visitors Bureau represent and warrants that its services shall be performed in a professional manner and in accordance with its obligations as defined in this Terms & Conditions Agreement. 5.5 Disclaimer of Warranties EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED ABOVE, THE FIJI VISITORS BUREAU MAKES NO WARRANTY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, AND ALL SERVICES ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NO LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR FOR NON-INFRINGEMENT. 6. Indemnity 6.1 You expressly agree that the use of the website is at your own risk. Neither the Fiji Visitors Bureau, its employees, and affiliates warranty that its services will not be interrupted or error free; nor does it make any warranty as to the results that may be obtained from the use of its website service or as to the accuracy, reliability or content of any information serviced or merchandise contained in or provided through our service, unless otherwise expressly stated in this Terms & Conditions Agreement. 6.2 Under no circumstances, including negligence, will the Fiji Visitors Bureau, its officers, affiliates or anyone else involved in creating, producing or distributing the information on the website be liable for any direct, indirect, incidental, special or consequential damages that result from the use or inability to use its website service. The Fiji Visitors Bureau will further not be liable for mistakes, omissions, interruptions, deletions of files, errors, defects, delays and operation, or transmission or failure of performance whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to its records, programs or services. You acknowledge that this paragraph shall apply to all content on the website. 6.3 Your exclusive remedy for all damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) will not (a) exceed the actual dollar amount of your Annual Service Fee, or (b) include any incidental, consequential, extemporary or punitive damages of any kind, including without limitation, loss of data, file, profit, goodwill, time, savings or revenue. 7. Term & Termination The following describes the effective date, duration, and method of termination. 7.1 Effective Date The effective date of this Terms & Conditions Agreement is the last date appearing at the end of this document. 7.2 Duration This Terms & Conditions Agreement will commence on the Effective Date and continue on a year to year basis. The billing process will commence from the 1st day of the month immediately following the Effective Date. 7.3 Termination for Convenience Subject to Section 4.3, you may terminate this Agreement at any time for your convenience by providing the Fiji Visitors Bureau with a 1 month advance written notice. 7.4 Breach or Default The following constitutes a breach of default of this Terms & Conditions Agreement: Failure to pay the Annual Service Fee by the 20th day of the billing month Violation of Section 9.0 Violation of Section 5.1, 5.2 or 5.3 7.5 Special Lien on Personal Property The Fiji Visitors Bureau retains a special lien on all your personal property in its possession to secure any payment amount you may owe to the Bureau under this Terms & Conditions Agreement. 8. Ownership Rights The Fiji Visitors Bureau acknowledges that all right, title and interest in your website listing content shall be solely owned by you. Fiji Visitors Bureau own or have licensed all website software. In the event that it elects, at its option, to provide custom software to you, this software will be licensed to you for use only on the Bureau’s website on a non-exclusive, royalty free, fully paid basis according to the terms of this Agreement. 9. Immediate Deactivation Any website listing that is used for Illegal, Abusive, or Unethical Activities that is not in accordance with the objectives of the Fiji Visitors Bureau will be immediately deactivated without warning to you. Illegal, Abusive, or Unethical Activities include but are not limited to, pornography, obscenity, nudity, violations of privacy, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses as determined by the Fiji Visitors Bureau. 10. Miscellaneous 10.1 Governing Laws & Attorney Fees This Terms & Conditions Agreement will be interpreted and applied in accordance with the laws of the Fiji Islands, without regard to the conflicts of law provisions. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorney fees, whether or not a suit is actually filed. 10.2 Control & Ownership of IP Fiji Visitors Bureau will maintain and control ownership of all IP numbers and addresses that may be assigned to you, and the Bureau reserves in its sole discretion, the right to change or remove any and all IP numbers and addresses. 10.3 Age You certify that you are at least 18 years of age. 10.4 Transfer You may not transfer or assign this Terms & Conditions Agreement without the written consent of the Fiji Visitors Bureau. INSTRUCTIONS After you have reviewed the Terms & Conditions Agreement for Website Listing, please print, sign, date, and fax the Acknowledgement of Receipt and Execution Agreement to Fiji Visitors Bureau (679 300 970). Mail original to Fiji Visitors Bureau at the address indicated below. Fiji Visitors Bureau Internet Services Thompson Street GPO Box 92 Suva Fiji Islands Telephone: 679 302 433 Facsimile: 679 300 970 Email: [email protected] ACKNOWLEDGMENT OF RECEIPT & EXECUTION OF AGREEMENT The undersigned acknowledges that they have received, read, accepted and agreed to the Fiji Visitors Bureau’s Terms & Conditions Agreement for Website Advertising dated August 5th 1999, and incorporated by this reference.   COMPANY NAME: DATE: SIGNATURE: BY: TITLE: CLIENT ID: Fiji Visitors Bureau DATE: SIGNATURE: BY: TITLE:

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