In these Fixtures Terms and Conditions the following terms shall have the following meanings:
“PA” means The Press Association Limited of 292 Vauxhall Bridge Road, London SW1V 1AE; “Customer” means the entity stated in the ‘Invoice Company’ field on the Order Form, otherwise the individual named in the Order Form; “Fixtures” means the ‘UK Football Fixtures Service’ and/or the ‘World Football Fixtures Service’ as selected by the Customer on the Order Form to be provided by PA to the Customer in accordance with this Agreement to include fixtures from those competitions set out in the Schedule; “Charges” means the amount stated in the ‘Total Cost of Invoice’ field in the Order Form; “Order Form” means the Football Fixtures Order Form completed by the Customer incorporating these Fixtures Terms and Conditions; ’’Schedule” means the ‘Schedule 1’ attached to these Fixtures Terms and Conditions; “Start Date” means the date upon which the Customer submits the Order Form to PA; and “Term” shall be as defined in clause 8.1 below.
- The Agreement
- This Agreement is made between PA and the Customer.
- This Agreement comprises these Fixtures Terms & Conditions, the Schedule and the Order Form. These Fixtures Terms & Conditions shall prevail over the provisions of the Schedule and Order Form in the event of any conflict between them, the Schedule and the Order Form.
- PA will supply the Fixtures to the Customer during the Term by email to the address(es) specified by the Customer on the Order Form (or such other delivery method as PA shall, acting reasonably, deem necessary or appropriate).
- Subject to the Customer’s compliance with its obligations and any restrictions set out in this Agreement, PA shall provide the Fixtures to the Customer solely for the Customer’s information and internal use provided that the Customer will not use the Fixtures for any purpose except as expressly permitted by this Agreement.
- Intellectual Property Rights and Third Party Rights
- The Customer agrees and acknowledges that any rights (including intellectual property rights) used or subsisting in the Fixtures shall belong to PA.
- The Customer shall pay the Charges no later 14 days following the Start Date.
- All amounts set out in this Agreement are exclusive of any applicable VAT or other sales taxes.
- All amounts payable under this Agreement shall be paid in full without set-off, deduction or other withholding of any amount which may be due to the Customer. Should the Customer be required by any law or regulation to make any deduction or withholding on account of tax or otherwise on any sum payable under this Agreement, the sum payable shall be increased by the amount of such tax to ensure that the PA receives a sum equal to the amount to be paid under this Agreement.
- Without prejudice to any other rights and remedies which PA may have and the Customer’s continuing obligation to pay the Charges, if payment of the Charges is not received by PA on the due date, PA may withhold its provision of the Fixtures and PA may charge interest on any overdue Charges from the due date until payment is received at a rate to be determined by PA not exceeding 4% above Lloyds TSB Bank plc base rate for the time being, such interest to be calculated on a daily basis.
- Although PA will take all reasonable steps to ensure the accuracy and timely provision of the Fixtures, neither PA nor any of its licensors warrants that the Fixtures will be free from error or uninterrupted.
- PA does not accept any liability for failures or breakdowns in network connections and/or end-to-end connectivity across the Internet and/or performance problems experienced on any Internet or other networks outside PA’s direct control.
- No conditions, warranties or other terms (express or implied, including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to this Agreement or to the Fixtures except to the extent that they are expressly set out in this Agreement.
- Neither party shall be liable under this Agreement for any loss of profits, loss of revenue, loss of or damage to goodwill, loss of contracts, loss of customers or any indirect, special or consequential loss (even if the party concerned has been advised of the possibility of such loss), provided that this exclusion will not apply to any loss of revenue or profit that would otherwise have been obtained by or due to PA under or in relation to this Agreement.
- PA’s liability arising from or in connection with this Agreement and in relation to anything which PA may have done or not done in connection with this Agreement (and whether such liability arises due to breach of contract, negligence or for any other reason) shall be limited to the Charges.
- Nothing in this Agreement shall limit either party’s liability: (a) for fraud, (b) for death or personal injury caused by either party’s negligence or that of its servants or agents, or (c) in relation to any other liability which cannot be excluded or limited by law.
- Confidentiality and Data Protection
- Each party agrees and undertakes that, both during and after the term of this Agreement, it will keep confidential, will not use for its own purposes and will not without the prior written consent of the other party disclose to any third party (other than, in the case of PA, to any company in the PA Group) any information concerning the business and affairs of the other (including the terms (but not the fact) of this Agreement) which may become known to such party in connection with this Agreement unless such information is public knowledge other than as a result of a breach of this paragraph, has been independently acquired from a third party without restriction on disclosure, or is required by law or any regulatory body or for the purposes of litigation by or against either party to be disclosed.
- Term and Termination
- This Agreement shall commence on the Start Date and, subject to earlier termination in accordance with its terms, shall continue for a period of 12 months, upon expiry of which this Agreement shall terminate automatically without notice (the “Term”).
- This Agreement may be terminated immediately by either party giving notice to the other if: (a) the other commits a material breach of this Agreement and, if such breach is remediable, it is not remedied within 21 days of receipt of notice requiring remedy; (b) the other ceases or threatens to cease to carry on trading; or (c) the other becomes insolvent or bankrupt or suffers any insolvency or bankruptcy related event in any applicable jurisdiction.
- Termination of this Agreement will be without prejudice to any rights or liabilities of either party which have accrued prior to such termination.
- All of the terms that have been agreed between the parties in relation to the supply of the Fixtures are contained in this Agreement. No other terms shall apply unless they expressly agree otherwise in writing. Each party acknowledges that, in entering into this Agreement, it has not relied on any representation made by the other party that has not been set out in this Agreement.
- No amendments to this Agreement shall be effective unless in writing and signed by an authorised signatory on behalf of each party.
- Neither party will be liable to the other under or in connection with this Agreement for any failures, interruptions, delays or other matters of a similar nature arising out of circumstances beyond its reasonable control.
- Any notice required to be given under this Agreement shall be in writing and shall be delivered by hand, first class or recorded post, by fax, or by e-mail. All notices shall be delivered/sent to the address of the relevant party set out in this Agreement or such other address as the relevant party has notified to the other party in writing from time to time for this purpose.
- PA may assign or transfer this Agreement or all or any of its rights and/or obligations under this Agreement to any PA Group company. The Customer may not assign or sub-license this Agreement without the prior written consent of PA.
- The failure or delay by either party to enforce at any time any one or more of the terms or conditions of this Agreement shall not be a waiver of such rights or any other rights.
- The parties agree that for the purpose of Section 1(2) of the Contracts (Rights of Third Parties) Act 1999 no term of this Agreement shall be enforceable by a third party.
- If any provision of this Agreement is held to be void or unenforceable in whole or in part, this Agreement shall continue in force in relation to the unaffected provisions and the remainder of the provision in question, and the parties will renegotiate the provision in good faith to achieve the same objects.
- This Agreement shall be governed by and construed in accordance with English law and each of the parties hereby submits to the jurisdiction of the English courts.
Football competitions covered:
Scottish Premier League
Scottish Division One
Scottish Division Two
Scottish Division Three
The National League
The National League North
The National League South
The FA Cup
FA Community Shield
Scottish League Cup
UEFA Champions League
UEFA Champions League Qualifiers
UEFA Europa League
UEFA Europa League Qualifiers
African Nations Cup
FIFA World Cup
FIFA World Cup Qualfying
FIFA Confederations Cup
FIFA Club World Championship
League of Ireland Premier Division
League of Ireland First Division
Ireland Division One
Welsh Premier League
Football League Premier Division
Highland Football League
The FA Trophy
The FA Vase
The Evo-Stik Premier Division
The Irn-Bru Irish League Cup
Ulster Bank Division One
Alan Boon Cup
EA SPORTS Cup
FAI Ford Senior Challenge Cup
European Under-21 Championships
U21 Premier League Elite Group Stage
U21 Premier League Qualification Group Tier 1
U21 Premier League Qualification Group Tier 2
U18 Premier League Elite Group Stage
U18 Premier League National Group 1
U18 Premier League National Group 2
U18 Premier League National Group 3
U18 Premier League Qualification Group Tier 1
U18 Premier League Qualification Group Tier 2
Under 18 Professional Development League 2 North
Under 18 Professional Development League 2 South
Under 21 Professional Development League 2 North
Under 21 Professional Development League 2 South
FIFA World Youth Championship
UEFA European Under-21 Championship
UEFA Under-19 Championship
Under-21 Friendly Match
Football League Reserves – Central League West Division
Football League Reserves – Central League East Division
Football League Reserves – Central League Division 1
Football League Reserves – Central League Division 2
Central League Cup
The Football League Trophy
The Football League Youth Alliance Cup Group
The Football League Youth Alliance North East Conference U18
The Football League Youth Alliance North West Conference U18
The Football League Youth Alliance South East Conference U18
The Football League Youth Alliance South West Conference U18
The FA Youth Cup
Youth Alliance Cup
FA Women’s Super League
FA Women’s Premier League
FA Women’s Premier League Cup
FA Women’s Northern Division
FA Women’s Southern Division
Women’s International Friendlies
Women’s Northern Division
Women’s Southern Division
UEFA Women’s European Championship
The FA Women’s Cup
UK fixtures also include the following rugby competitions:
National League 1
National League 2 North
National League 2 South
Principality Building Society Premiership
Scottish Championship League A
Scottish Championship League B
Welsh National League Division One East
Welsh National League Division One North
Welsh National League Division One West
The LV= Cup
The Rugby Championship
Ireland Division One
British & Irish Lions Tour
British & Irish Cup
The Championship 1
National Conference Premier Division
National Conference Division One
National Conference Division Two
National Conference Division Three
Copa Argentina Final
Copa do Brasil
Czech Gambrinus Liga
Dutch Jupiler League
Finnish Ykkonen Liiga
French Coupe de France
French Coupe de la Ligue
French Ligue 1
French Ligue 2
Georgian Championship Play-Offs
Georgian Umaglesi Liga
German 2. Bundesliga
German DFB Pokal Final
German DFL Supercup
Honduran Torneo Clausura
Honduran Torneo Clausura Semi-Final Second Leg
Hong Kong RedMR Football League
Icelandic 1. Deild
Indonesian Djarum Super League
Iranian Pro League
Israeli Ligat Winner
Italian Serie A
Italian Serie B Relegation Play-Off Second Leg
Italian Serie bwin
Latvian LMT Virsliga
Lega Pro Prima Divisione
Lega Pro Seconda Divisione
Lithuanian A Lyga
Macedonian Prva Liga
Mexican Torneo Apertura
Moldovan Divizia Nationala
MTC Namibian Premier League
Nicaraguan Torneo Apertura Second Phase
Nicaraguan Torneo Clausura
Norwegian NM Cupen
Panamanian Copa Cable & Wireless Apertura
Peruvian Torneo Descentralizado
Polish Orange Ekstraklasa
Portuguese Liga ZON Sagres
Portuguese Taca da Liga
Portuguese Taca de Portugal
Romanian Liga I Bergenbier
Russian Cup Final
Russian Premier League
San Marino Campionato Dilettanti
Saudi Arabian Premier League
Serbian Jelen Super Liga
Slovakian Corgon Liga
Slovenian PrvaLiga Telekom Slovenije
Spanish Liga BBVA
Swedish Svenska Cupen
Swiss Dosenbach Challenge League
Swiss Raiffeisen Super League
Turkish Spor Toto Super Lig
Uruguayan Torneo Clausura