Website Terms and Conditions
Effective from 19th February 2008
Important information

TANKBANK.INFO
STANDARD TERMS AND CONDITIONS OF PROVISION OF EXCLUSIVE PROMOTIONAL SERVICES

1. PRELIMINARY
(i) In these terms and condition (“Terms”):
“Contract” means the agreement between the Customer and Tankbank.info for the supply of the Services and comprising the documents referred to in clause 1(v) below;
“Contract Letter” means the letter from Tankbank.info describing the nature, scope and definition of the Services which it agrees to provide to the Customer and to which these Terms are attached
“Commencement Date” means the date of acceptance in writing by the Tankbank.info of the Contract or, if such acceptance is not in writing, the date of commencement of performance of the Services;
“Confidential Information” means technical, financial, commercial or other information of any kind in any form and howsoever, if at all, manifested which is of a private, confidential or proprietary nature, belonging to or in the possession of Tankbank.info but not any information which is or becomes part of the public domain or into the possession of the recipient without fault of the recipient, information which is generated independently by the recipient without reliance on the discloser’s Confidential Information, or information which is required to be disclosed by a court of competent jurisdiction;
“Customer” means the person contracting to purchase the Services;
“Force Majeure Event” means any event which is outside the reasonable control of Tankbank.info including without limitation any event which would be force majeure pursuant to the ICC Force Majeure Clause 2003;
“liability in relation to” means “liabilities, losses, damages, costs (including without limitation legal costs on a full indemnity basis and value added tax and other applicable taxation) expenses, actions, claims, proceedings and demands whatsoever arising directly or indirectly out of or in connection with”;
“Price”, subject to these Terms, means the price for the Services;
“Services” means the provision of a website via which Site Users may lodge enquiries as to the availability services for gas and oil and related products and the communication of enquiries received from Site Users as to the availability of services provided by or on behalf of the Customer and other customers, as such services may be more particularly described in the Contract Letter;
“Site User” means any person who uses Tankbank.info’s website (www.tankbank.info);
“Tankbank.info” means Global Storage Agency Limited, trading as “Tankbank.info” registered number 4824253, whose registered office is at 24 Bevis Marks, London EC4 7NR;
(ii) Clause headings shall be ignored in interpretation and the singular shall include the plural and vice versa
(iii) Any contract provision invalid or unenforceable for any purpose shall be severed for that purpose but shall otherwise remain valid and enforceable and shall not affect the validity of the remainder of the Contract
(iv) A payment shall be deemed made when credited to the payee’s bank account and is cleared funds
(v) Save as otherwise agreed in writing by Tankbank.info, the Contract shall comprise solely these Terms and the Contract Letter. If there is any inconsistency, these Terms shall prevail over the terms of the Contract Letter unless expressly stated otherwise in the Contract Letter
2. CONTENT AND VARIATION
2.1 In entering into the Contract the Customer acknowledges that it does not rely on any representations made by Tankbank.info concerning the Services which are not contained in the Contract Letter
2.2 Tankbank.info reserves the right to make any changes to the Services which are required to conform with any applicable law, regulation or safety requirement or which do not materially affect their quality or performance. If any variation in the Services or the Contract terms is agreed or is required for compliance with any applicable law, regulation or safety recommendation, the Customer shall pay such additional amount as is fair and reasonable and Tankbank.info shall have reasonable additional time to perform the Contract
3. PRICE
3.1 A quotation is not an offer: it may be withdrawn or modified at any time and unless stated therein will in any event lapse 30 days after its date of issue
3.2 The Price shall be as stated in the Contract Letter, or, if not stated therein, the Price shall be in accordance with Tankbank.info’s standard charges for such Services from time to time. Prices are subject to review and alteration by Tankbank.info by not less than 30 days’ notice to the Customer and any price changes shall take effect from expiry of such notice
3.3 All prices are exclusive of value added tax and any other sales tax or excise duties
4 TERMS OF PAYMENT
4.1 Tankbank.info shall invoice the Customer from time to time in respect of Services performed at the date of invoice in accordance with the Contract Letter
4.2 Payment shall be made in sterling (unless otherwise stated in the Contract Letter) within 30 days of the date of invoice and without any withholding, deduction, set-off, counterclaim or cross demand whatsoever in respect of the Contract or any other contract whatsoever
4.3 Time of payment is of the essence of the Contract. Without limiting Tankbank.info's remedies, if payment is overdue the Customer shall indemnify Tankbank.info against any legal fees and other costs of collection and (as well after as before judgment) shall pay to it a sum equal to any loss suffered by Tankbank.info arising from exchange rate fluctuations and interest on such sum and on the amount overdue at the same rate which would apply were the debt a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998 calculated from the date payment fell due until the date of actual payment (or such lesser amount as is the maximum rate permissible by law) and Tankbank.info may cancel the Contract and any other contracts
4.4 Any payment which falls due later than it would have done because of delay caused by the Customer shall be deemed to fall due when, but for the Customer’s delay, it might reasonably be expected to have fallen due
4.5 Tankbank.info may delay or withhold performance of the Services until the Customer has made any payment or opened any letter of credit or established any other payment arrangements which are due to be made, opened or established and its time for performance of the Services shall be extended accordingly
5. SERVICES AND EXCLUSIONS FROM SERVICES
5.1 Tankbank.info shall use all reasonable endeavours diligently to perform the Services in accordance with the Contract
5.3 The Services do not include any guarantee, warranty or representation by Tankbank.info that any enquiries or orders will be placed with it by any Site User; the Customer acknowledges that the Services are provided to it on a non-exclusive basis
5.4 Unless otherwise agreed in writing, Tankbank.info shall not be required to perform any services other than the Services and Services shall not include any undertaking by Tankbank.info to procure orders or enquiries, nor the supply of hardware or software, the provision of parts or equipment or the installation or maintenance of any products or software
5.4 Tankbank.info uses all reasonable endeavours to ensure that Site User details are complete and accurate by Tankbank.info does not independently verify such details and, subject to clause 8.1, shall have no liability in relation to any inaccuracy or incompleteness in such details
6. CUSTOMER OBLIGATIONS
6.1 The Customer acknowledges that Tankbank.info relies on the information about the Customer provided to it by the Customer and does not seek to establish the reliability of such information and accordingly the Customer undertakes to provide complete and accurate information about itself which is or may be relevant to the Services or which is requested by Tankbank.info from time to time and the Customer warrants that any such information provided is accurate, complete, up to date and not misleading
6.2 The Customer shall respond to any enquiry from a Site User communicated to the Customer by Tankbank.info as soon as reasonably practicable but in any event within twenty-four (24) hours of transmission of such communication by email
6.3 Tankbank.info shall provide the Customer with the details of any Site User enquiring about facilities space from the Customer but Tankbank.info shall have no further involvement in or responsibility for any arrangements or agreements between the Customer and the Site User
6.4 Tankbank.info shall have no liability whatsoever in respect of any arrangement or agreement between the Customer and any Site User and the Customer shall hold Tankbank.info harmless against any liability in relation to any claim by a Site User in relation to the provision, or any failure of provision, of any goods, services or facilities by the Customer
6.5 The Customer warrants and undertakes that all information provided by it to Tankbank.info regarding its services and related operations is accurate and contains such details and information as would reasonably be required by a person enquiring about the availability of services for oil and gas and related products
6.6 Tankbank.info shall have no liability in respect of failure to perform any Services to the extent that such failure is due either to breach by the Customer of its obligations under the Contract or to a Force Majeure Event
6.7 The Customer shall indemnify Tankbank.info against any liability in relation to:
6.7.1 the Customer’s failure to comply with any of its obligations under these Terms;
6.7.2 any action of Tankbank.info required to be taken or not to be taken at the request or direction of the Customer;
6.7.3 any information or materials provided to Tankbank.info by the Customer or any of its employees, associates or representatives other than for their intended use as communicated to the Customer by Tankbank.info;
6.7.4 the negligence or wilful misconduct of the Customer;
6.7.5 any infringement or alleged infringement of the intellectual property rights of any third party which would not have occurred but for compliance with the Customer’s instructions
687 The Customer shall remain responsible and accountable for:
6.8.1 the management, conduct and operation of its business, including without limitation any arrangements or agreements with Site Users;
6.8.2 the use of, extent of reliance upon or implementation of any information provided by Tankbank.info in the course of the Services;
6.8.3 the delivery, achievement or realisation of any benefits directly or indirectly related to the Services which require implementation by the Customer
7. WARRANTY
Subject to clause 4.5, Tankbank.info warrants that the Services will be provided with reasonable care and skill and in a reasonably timely manner by appropriately trained, qualified or experienced individuals Subject to clause 6.1, except as expressly set out in the Contract, all other warranties, whether express or implied, are hereby excluded to the fullest extent permitted by law
8. LIMITATIONS OF LIABILITY
8.1 Nothing in the Contract or these Terms shall limit or exclude the liability of Tankbank.info for death or personal injury caused by its negligence or for fraudulent misrepresentation nor for any other liability which cannot be limited or excluded by law
8.2 Subject to clause 8.1 and without limiting the remaining provisions of this clause 7, the aggregate liability of Tankbank.info (whether in contract, tort, breach of statutory duty or otherwise) for all breaches under or non-performance of its obligations under the Contract in any year of the Contract shall not exceed a sum equal to one and a half times the Price paid by the Customer during that year
8.3 Without limiting the foregoing but subject to clause 8.1, Tankbank.info shall have no liability for indirect, special or consequential losses of any kind or for any loss which is or represents loss of profit, loss of revenue, loss of anticipated benefit, loss of goodwill or reputation, management time, business interruption, third party liability, loss of data, loss of use of a tangible or intangible asset or any other indirect, special or consequential loss
8.4 Subject to clause 8.1, if Tankbank.info fails to provide the Services in compliance with the Contract or they prove defective by reason of Tankbank.info’s default, its liability shall be limited to their proper performance or, if this is not possible, to refunding any monies paid in respect of the defective Services
8.5 The Customer acknowledges that the above limitations and exclusions are reasonable and reflect the nature of the Services, the Price, and the availability of insurance cover for Tankbank.info and the Customer has undertaken to insure or to accept the risk accordingly
9. TERM AND TERMINATION OF CONTRACT
9.1 The Contract shall begin on the Commencement Date and thereafter, unless terminated earlier in accordance with this clause 9, shall continue until expiry of the term of subscription for the Services specified in the Contract Letter
9.2 Either party (“the Terminating Party”) may at any time terminate the Contract forthwith by written notice to the other if:
(a) the other party is in breach of any obligation under the Contract and has failed to remedy such breach within 30 days of receiving notice from the Terminating Party to do so; or
(b) if the other party is or is deemed to be, insolvent or steps are taken to:
(i) propose any composition, scheme or arrangement involving the party and its creditors; or
(ii) obtain an administration order or appoint any administrative or other receiver or manager of the party or any of its property or otherwise enforce any security over the party’s property, or repossess its assets; or
(iii) file a petition in bankruptcy or to wind up or dissolve the party, or sequestrate its estate
or outside England anything corresponding to any of the above occurs
9.4 Either party may terminate the Contract on not less than 30 days’ notice in writing to the other party, such notice to expire on the anniversary of the Commencement Date. The agreed contractual period is a minimum of 12 months and notice cannot be effected unyil after this period has expired.
9.5 If the Contract is terminated, Tankbank.info (without prejudice to its other rights but subject to any relevant mandatory laws) may do any of the following:
9.5.1 declare immediately payable (and so interest-bearing under clause 4) any sums owed by the Customer, proceed against the Customer for the same and/or damages, and appropriate any payment by the Customer as Tankbank.info thinks fit (notwithstanding any purported appropriation by the Customer); and
9.5.2 suspend further performance of the Services and/or any credit granted to the Customer on any account
10. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
10.1 Except to the extent expressly stated in the Contract Letter, the Customer shall acquire no intellectual property rights of any kind in the Services or in any website used in relation to the Services nor in any materials or information provided to the Customer in the course of provision of the Services and all such rights shall remain fully vested in Tankbank.info
10.3 Tankbank.info acknowledges that all Confidential Information provided by the Customer to Tankbank.info for the purposes of performance of the Services is and shall remain the property of the Customer and Tankbank.info undertakes to keep such information confidential and not disclose it other than with the Customer’s permission
12. GENERAL
12.1 No indulgence, forbearance or previous waiver extended by either party to the other shall constitute any waiver of any right or remedy
12.2 The Customer shall not assign, charge, or otherwise dispose of the Contract or any of its rights thereunder without Tankbank.info’s prior written consent
12.3 All notices or other communications under the Contract shall be in writing in English addressed to the addressee’s registered office or address stated in the quotation (or other address notified to the other party) and shall be sent by hand (and thereby be deemed served when properly left at such address) or by first class pre-paid post (and thereby be deemed served 48 hours after posting) or by e-mail (and thereby be deemed served 12 hours after satisfactory confirmation of the notice being sent is received by the sender)
12.4 Nothing in any Contract or pursuant to these Terms shall be deemed to constitute a partnership between Tankbank.info and the Customer
12.5 The Contract shall be governed and construed in accordance with English law and the Customer irrevocably submits to the exclusive jurisdiction of the courts of England provided that (and without prejudice thereto) Tankbank.info shall be entitled to apply for any provision of conservatory measures or interim relief in any other court having jurisdiction
12.6 A person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this shall not affect any right or remedy of any third party which exists or is available apart from that Act
12.7 The Contract sets out the entire agreement and understanding of the parties relating to the subject matter of the Contract and supersedes all prior agreements, understandings or arrangements relating thereto.