NBLExpress - Small Print
Terms and Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting NBLExpress’s terms and conditions. "NBLExpress", “Ourselves”, “We” and "Us", refers to NBLExpress. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, for the express purpose of meeting the Client’s needs in respect of provision of NBLExpress’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Privacy Statement
We are committed to protecting your privacy. Authorized employees within NBLExpress on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
Confidentiality
Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by NBLExpress will only be in connection with the provision of services and products.
Disclaimer
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, NBLExpress:
- excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or NBLExpress’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised NBLExpress of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Limitations on Client Content
If the Client wishes to provide content, the Client shall provide Client Content that does not contain any content or materials which are obscene, threatening, malicious, which infringe on or violate any applicable law or regulation or any proprietary, contract, moral, privacy or other third party right, or which otherwise expose NBLExpress to civil or criminal liability. Any such materials provided by Client which do not satisfy the foregoing requirements in this Section shall be deemed to be a material breach of this Agreement. Client Content must be supplied as a Microsoft Word document and we will taken on an ‘as is’ basis, it is the responsibility of the Client to ensure the Content is correct, including but not limited omissions and spellings. The Client shall be given one opportunity to amend any content, after which NBLExpress reserves the right to charge the Client as we see appropriate to make further changes to content.
Database, Application and E-Commerce Development
NBLExpress cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care is taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client to ensure that all software is functioning correctly before and during use. Any scripts, applications or software written by NBLExpress remain the copyright of NBLExpress and may only be commercially reproduced or resold with the permission of NBLExpress. Where applications or websites are developed on servers not recommended or supplied by NBLExpress, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required. Where large applications are to be developed on servers not recommended or supplied by NBLExpress, it is the client's responsibility to provide a suitable testing environment which is identical to the final production environment. The client is expected to test fully any application or programming relating to a website developed by NBLExpress before it is made generally available for use. Where "bugs", errors or other issues are found after the site/development is live, NBLExpress will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Third Party or Client Page Modification: Some Clients will desire to independently edit or update their web pages after completion of the site as a way to control costs. Note however, that if this option is selected and the Client or an agent of the Client other than NBLExpress attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at an hourly rate of £40. NBLExpress will charge £40 per hour for any modifications requested after the work agreed by the client has confirmed.
Hosting and Domain Name Registration
NBLExpress will establish hosting and domain name registration for the client free for the first year only, after which hosting will be charged at £100 per year, domain name registration will be charged at £10 per year. It is the Clients full responsibility to ensure the hosting and domain name is renewed when due, NBLExpress may send a reminder, payment must be made in advance and cleared prior to the renewal date to ensure continuous service . If the Client already has a domain name, NBLExpress will coordinate redirecting the address to the host and reserves the right to charge £30 to configure the domain name to point to the server. If a domain name is purchased by the Client through a company other than NBLExpress, the Client has full responsibility in making sure that the domain name is renewed when due. It is the Clients responsibility to make a back up of their website, Client requests to set up an automatic back up procedure on NBLExpress servers will incur a charge. The Client will be notified of the charge upon request.
Clients use of NBLExpress services are at the Clients sole risk. Neither NBLExpress, its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that NBLExpress' service will not be interrupted or error free.
NBLExpress also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Client, or viewers and users of Clients materials, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Under no circumstances will NBLExpress bear any responsibility for any damages arising as a consequence of hosting unavailability.
Indemnification: The Client agrees that it shall defend, indemnify, save and hold NBLExpress and Next Big Leap harmless from any and all demands, liabilities, losses, costs and claims, including reasonable barrister’s fees associated with NBLExpress' development of the Client's website or any other items. This includes Liabilities asserted against NBLExpress, Next Big Leap, it's sub-contractors, it's agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns. The Client also agrees to defend, indemnify and hold harmless NBLExpress and Next Big Leap against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client's website or any other items. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organisation, or business. NBLExpress and Next Big Leap are not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
Limited Liability: The Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server, NBLExpress or Next Big Leap. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. The Client hereby agrees to indemnify and hold harmless NBLExpress and Next Big Leap from any claim resulting from the Client's publication of material or use of those materials.
Payment
All payments will be made and cleared in advance by BACS, cheque or paypal. All services/products remain the property of NBLExpress until the appropriate/full payment is made. Consequently, if no payment is made, all bookings, services, products and/or transactions and agreements entered into will cease with immediate effect.
Cancellation Policy and Refund Policy
Minimum 24 hours notice of cancellation required to take the client’s website offline. Both the Client and NBLExpress have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. If the cancellation is made by the Client, any monies that have already been paid to us shall not be refunded. Notification via email will be accepted, if confirmed as received by NBLExpress.
Availability
Unless otherwise stated, the services featured on this website are only available within the United Kingdom, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this website. Redistribution or republication of any part of this website or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of NBLExpress. NBLExpress does not warrant that the service from this website will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify NBLExpress, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Log Files
We use IP addresses to analyse trends, administer the website, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within NBLExpress on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies
Like most interactive web sites NBLExpress’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
Links to this website
If you create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. NBLExpress will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright Notice
Copyright and other relevant intellectual property rights exists on all text and designs, without limitations, relating to NBLExpress’s services and the full content of this website.
Original Ownership: All original icons, logos, illustrations, and graphic designs created by NBLExpress for use on the Client Website are the exclusive property of NBLExpress. All materials, including, but not limited, to any computer software (in object code and source code form), script, programming code, data, information or HTML script developed or provided by NBLExpress or its suppliers under this Agreement (with the exception of original elements of audiovisual displays created hereunder specifically for Client, which shall be deemed to be part of Client Content), and any trade secrets, know‑how, methodologies and processes related to NBLExpress’s products or services, shall remain the sole and exclusive property of NBLExpress or its suppliers, including, without limitation, all copyrights, trademarks, patents, database rights, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto (collectively "NBLExpress Materials'). To the extent, if any, that ownership of NBLExpress Materials does not automatically vest in NBLExpress by virtue of this Agreement or otherwise, Client hereby transfers and assigns to NBLExpress all rights, title and interest which the Client may have in and to NBLExpress Materials.
Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via NBLExpress literature or via NBLExpress’s stated telephone, facsimile or mobile telephone numbers.
NBLExpress is part of Next Big Leap Ltd, registered in England and Wales, Number 6388862, registered office 65C Bedford Street South, Leicester, LE1 3JR. VAT NO. 917 2994 89
The information within emails from Next Big Leap and NBLExpress is intended solely for the stated addressee/s. Access to emails by anyone else is unauthorised. If you are not the intended recipient please note that any disclosure, copying, distribution, or any action taken or omitted to be taken in reliance on the information within this email is unauthorised and may be unlawful. If you have received e-mails in error, please accept our aplologies If this is the case we would be grateful if you could notify us about the error and then delete the email.
Computer viruses may be transmitted or downloaded onto your computer system via e-mail communication. It is the recipient’s responsibility to take any action necessary to prevent computer viruses being transmitted in this way. Accordingly, Next Big Leap Limited disclaims all responsibility which arises directly or indirectly from such transmission of computer viruses.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
General
The laws of England and Wales govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of NBLExpress to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
Notification of Changes
NBLExpress reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. You are therefore advised to re-read these terms and conditions on a regular basis.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.