
Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND
OBLIGATIONS WHEN USING THIS SITE.
YOUR ATTENTION IS DRAWN IN PARTICULAR TO CLAUSES 5.1 – 5.4 (WARRANTY) AND 5.5 TO 5.12
(LIABILITY). USE THE QUICK LINKS BELOW TO HELP YOU TO EASILY NAVIGATE THESE TERMS
1.DEFINITIONS
2.GENERAL
3.INTELLECTUAL PROPERTY
1.LINKS TO THIRD PARTY WEBSITES
1.WARRANTY AND LIABILITY
1.YOUR ACCOUNT AND REGISTRATION
1.TERMINATION/BARRING USERS FROM THIS SITE
1.ADVERTISEMENTS
1.INDEMNITY
1.FORCE MAJEURE
1.ACCESS OUTSIDE ENGLAND
1.NOTICES
1.JURISDICTION
1.NOTIFICATION OF CHANGES TO THESE TERMS
1. DEFINITIONS:
Content
the information and materials appearing on the Site
Terms the conditions set out in this document including Our Privacy Policy and Acceptable Use Policy
Site www.NetSoftwareSolutions.co.uk
We/Us/Our
NetSoftware Solutions Unit 25 Cherry Tree Close Essex, UK
You/Your
the person company or party who uses Our Site
1. DEFINITIONS
terms of payment Definition
Conditions of payment agreed between a buyer and a NetSoftware Solutions for goods sold or services rendered.
Three basic terms of payment are (1) cash, (2) open account, (3) secured account.
conditions of carriage
Definition
Binding rules and regulations spelled out in a carrier's contract of carriage (or in the carrier's tariff) and
applicable to all shippers and passengers irrespective of the amount of freight or fare paid.
These conditions cover the obligations and rights of the carrier and the shipper/passenger from reservation of
cargo-space/passenger-seat to the claims procedure as well as compensation payable in case of damage, loss,
injury, or death. In most countries, freight-carriers' conditions are governed by Hague rules or Hague-Visby
rules; and those of passenger-carriers,' by Warsaw Convention (as amended by Hague protocol). Also called terms
and conditions of carriage.
conditions of contract Definition
Terms and conditions that set the rights and obligations of the contracting parties, when a contract is awarded
or entered into. These include 'general conditions' which are common to all types of contracts, as well as
'special conditions' which are peculiar to a specific contract (such as, contract change conditions, payment
conditions, price variation clauses, penalties).
scope of work
Definition
Chronological division of work to be performed under a contract or subcontract in the completion of a project.
Also called work scope.
2. GENERAL 2.1 Use by You of the Site constitutes acceptance by You of the following terms
of use. Your use of the Site will be governed by these Terms
2.2 These Terms constitute the entire agreement between You and Us and govern Your use of the Site superseding
any prior agreements between You and Us
2.3 You agree that no joint venture partnership employment or agency relationship exists between You and Us as
a result of Your use of the Site and therefore acceptance of these Terms
2.4 We may collect information on what pages are accessed or visited by You and information volunteered by You
such as Your contact details and/or any site registrations. We may use this information for internal review and
in order to improve the Content of the Site
2.5 Where We collect information from You via Your access and use of the Site and You voluntarily submit to Us
such information whilst using the Site Our use of Your information will be governed by these Terms. Please read
these Terms carefully before using the Site
2.6 If You do not agree to all of these Terms You may not use the Site which is owned and operated by Us
2.7 If You have any comments suggestions or questions about these Terms and/or the Site and/or Us generally You
can contact Us by sending an e-mail from found at supportby writing to NetSoftware Solutions uk Limited at the address above.
2.8 Your obligations with which We require you to comply and conduct whilst using this Site which We deem
acceptable is set out in Our Acceptable Use Policy
2.9 If any provision of these Terms is found to be invalid by any court having competent jurisdiction the
invalidity of such provision shall not affect the validity of the remaining provisions of these Terms which
shall remain in full force and effect. No waiver of any of these terms shall be deemed a further or continuing
waiver of such term or any other term. You acknowledge that you have not entered into this agreement in
reliance on any warranty or representation made by us (unless made fraudulently). You may not assign or
transfer any benefit, interest or obligation under these Terms. The provisions of the Contracts (Rights of
Third Parties) Act 1999 shall not apply to these Terms.
3. INTELLECTUAL PROPERTY: 3.1 The Content appearing on
the Site is displayed for personal non-commercial use only
3.2 All software used on the Site and all Content included on the Site (including without limitation site design
text graphics audio and video the selection and arrangement thereof and the underlying source code) is Our property
or that of Our suppliers and is protected by international copyright and other applicable laws
3.3 All trademarks service marks and logos used on the Site from time to time are the trademarks service marks or
logos of their respective owners
3.4 None of the Content may be downloaded copied reproduced republished posted transmitted stored sold or
distributed without the prior written permission of the copyright holder. This excludes the downloading of one copy
of extracts from the Site on any single computer for personal non-commercial home use only provided that all
copyright and proprietary notices are kept intact
3.5 Modification of any of the Content or use of any of the Content for any purpose other than as set out herein
including without limitation on any other website or computer network is prohibited
3.6 If You breach any of the Terms of this legal notice Your permission to use the Site automatically terminates
and You must immediately destroy any downloaded or printed extracts from the Site
3.7 Requests to republish any of the Content and to use quotations or extracts from the Site should be addressed to
the company using our contact us form.
3.8 We have made every effort to secure where appropriate licenses and clearances for all
third party intellectual property used on the Site. You may notify Us of alleged intellectual property rights
infringement by contacting us via e-mail on our support form. 3.9 The details of the information
provided by You when completing forms on this Site are provided to us by You. We cannot and do verify the
details and therefore make no warranties or representations as to their accuracy or completeness. You rely on
the accuracy of the information that You submit via this Site at Your own risk.
4. LINKS TO THIRD PARTY WEBSITES:
4.1 The Site may from time to time include links to third party internet websites which are controlled and
maintained by others. These links are included solely for Your convenience and do not constitute any endorsement by
Us of the websites linked or referred to nor do We have any control over the content of any such websites
4.2 We have not reviewed all of these third party websites and do not make any representations regarding the
availability or content or accuracy of materials on such websites. If You decide to access third party websites
through links on the Site You do so at your own risk. Your use of third party websites is subject to the terms and
conditions of use of those websites
5. WARRANTY AND LIABILITY: 5.1 Whilst We endeavour to
ensure that any material available for downloading from this Site is not contaminated in any way, We do not warrant
that such material will be free from infection, viruses and/or similar code.
5.2 Due to the nature of software and the internet, We do not warrant that Your access to, or the running of, this
Site will be uninterrupted or error free. We shall not be liable if We cannot process Your details due to
circumstances beyond Our reasonable control.
5.3 The information provided on this Site is for general interest only and does not constitute specific advice.
Whilst We endeavour to ensure that the information on the Site is accurate, complete and up-to-date We make no
warranties or representations that this is the case.
5.4 We make no warranty or guarantee that the Site or information available over it complies with laws other than
those of England.
5.5 Nothing in these Terms will be deemed to exclude Our liability to You for death or personal injury arising from
Our negligence, or for fraudulent misrepresentation.
5.6 Subject to clause 5.5, We will not be liable for any failures due to software or Internet errors or
unavailability, or any other circumstances beyond Our reasonable control.
5.7 Subject to clause 5.5, We do not accept any liability for loss of Your password or account ID (as may exist
from time to time) caused by a breakdown, error, loss of power or otherwise caused by or to Your computer
system.
5.8 We may put in place such systems as We from time to time see fit to prevent automated programs being used to
obtain unauthorised access to Our system and this Site. You are not permitted to Use automated programs for such
purposes and any such Use or attempted Use by You of such automated programs is at Your own risk. Subject to clause
5.5, We shall not be liable to You for any consequences arising out of or in connection with any such use or
attempted Use of automated programs to obtain unauthorised access to Our system or this Site.
5.9 Subject to clause 5.5, We accept no liability for any loss suffered as a result of Your use of this Site or
reliance on any information provided on it and exclude such liability to the fullest extent permitted by law.
5.10 Subject to clauses 5.5 to 5.8 inclusive, We shall not be liable to You for:
5.10.1 any indirect, consequential, special or punitive loss, damage, costs and expenses;
5.10.2 loss of profit;
5.10.3 loss of business;
5.10.4 loss of reputation;
5.10.5 depletion of goodwill; or
5.10.5 loss of, damage to or corruption of data.
5.11 When You Use the "Apply For Account" or other forms on this Site, a computer generated Application Form
(included only information submitted by You to Us when You complete the appropriate form) will be emailed or sent
by ordinary post to You. You are then responsible for forwarding the completed form onto the appropriate government
body and We do not accept any liability for any subsequent communications that You send or receive directly from
that governing body.
5.12 If You are a consumer this legal notice does not affect the legal rights which You have under law which cannot
be excluded or limited. If You want to know what these rights are You should contact Your local Citizens Advice
Bureau
6. YOUR ACCOUNT AND REGISTRATION:
6.1 If from time to time We offer and You have an account with Us then You are responsible for maintaining the
confidentiality of this account ID and any related passwords for Your restricting access to Your computer and/or
account. You agree to accept responsibility for all activities that take place under Your account ID and/or
passwords. You will notify Us immediately of any unauthorised use of them or any other breach of security of this
Site of which You become aware.
6.2 To receive details of properties on this Site, You must submit a completed registration form to Us. At Our
discretion we may refuse Your application for registration. If We accept Your application for registration, we will
confirm this by sending You an email containing your account ID.
6.3 Each registration is for a single user only. You may not share Your username and password with any other person
nor with multiple users on a network.
6.4 You undertake that all information provided by You for the purposes of registering with us is accurate and
complete.
6.5 Other than personal data or sensitive personal data about You which is covered under the terms of Our Privacy
Policy any material You transmit or post to the Site shall be considered non-confidential and non-proprietary. We
shall have no obligations with respect to such material.
6.6 We and designated third parties shall be free to copy disclose distribute incorporate and otherwise use such
material and all data images sounds text and other things embodied therein for any and all commercial or
non-commercial purposes
6.7 In accordance with and without prejudice to our Acceptable Use Policy You are prohibited from posting or
transmitting to or from the Site any material:
(a) that is threatening defamatory obscene indecent seditious offensive pornographic abusive liable to incite
racial hatred discriminatory menacing scandalous inflammatory blasphemous in breach of confidence in breach of
privacy or which may cause annoyance or inconvenience or
(b) for which You have not obtained all necessary licences and/or approvals or
(c) which constitutes or encourages conduct that would be considered a criminal offence give rise to civil
liability or otherwise be contrary to the law of or infringe the rights of any third party in the United Kingdom or
any other country in the world or
(d) which is technically harmful including without limitation computer viruses logic bombs Trojan horses worms
harmful components corrupted data or other malicious software or harmful data or
(e) which facilitates Your misuse of the Site including without limitation hacking
6.8 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to
disclose the identity or locate anyone posting any material in breach of the above prohibitions
7. TERMINATION/BARRING USERS FROM THIS SITE:
We reserve the right to bar You from this Site and/or restrict or block Your access or use of any and all elements
of our services, including without limitation terminating Your use of Your password and/or account ID, on a
permanent or temporary basis at Our sole discretion. Any such user shall be notified and must not then attempt to
use this Site under any other name or through any other user.
8. ADVERTISEMENTS:
8.1 The Site may contain advertisements by third parties and these advertisements may contain links to other
websites
8.2 Unless otherwise specifically stated We do not endorse any product or service or make any representation
regarding the Content or accuracy of any materials contained in or linked to any advertisement on the
Site
9. INDEMNITY:
9.1 You agree to indemnify and hold Us Our officers employees agents consultants franchisees and suppliers harmless
from and against any claims actions or demands liabilities and settlements including without limitation reasonable
legal and accounting fees resulting from or alleged to result from Your use of the Content of the Site in a manner
that violates or is alleged to violate these Terms
9.2 We shall provide notice to You promptly of any such claim suit or proceeding and shall reasonably co-operate
with You at Your expense in Your defence of any such claim
10. FORCE MAJEURE:
We will not be liable for any delay or failure in performance or interruption of the delivery of the Content of the
Site resulting directly or indirectly from any cause or circumstances beyond Our reasonable control including but
not limited to failure of equipment or communication lines telephone or other interconnect problems computer
viruses including logic bombs Trojan horses worms harmful components corrupted data or other malicious software or
harmful data unauthorised access theft operator errors severe weather earthquakes or natural disasters strikes or
other labour problems wars or governmental restrictions
11. ACCESS OUTSIDE ENGLAND:
11.1 We are based in England. Access to the Content of the Site may not be legal by certain persons or in certain
countries
11.2 If You access the Site from outside England You do so at Your own risk and are responsible for compliance with
the Laws of Your jurisdiction
11.3 Recognising the global nature of the internet You agree to comply with all local rules regarding on line
conduct and acceptable content and You agree to comply with all applicable laws regarding the transmission of
technical data exported from the country in which You reside
12. NOTICES: 12.1 All notices shall be given:
12.1.1 to us, by email to support@NetSoftware Solutions.com or by post to the address set out
above
12.1.2 to You, by email to the email address that you provide to Us at the point of Your registration, as may be
amended by You either by using this Site (as available from time to time) or by otherwise contacting Us with
updated details.
12.2 All notices sent by email will be deemed to have been received on receipt (or, when received on a UK national
holiday or on a Saturday or a Sunday, the next working day following the day of receipt). All notice sent by post
will be deemed to have been received three (3) working days after the date of posting.
13. JURISDICTION:
These Terms are governed by and construed in accordance with English Law unless You live in Scotland in which case
these Terms will be governed by Scots Law and You and We irrevocably agree that the UK Courts shall have
non-exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms or the
legal relationship established by them and for those purposes irrevocably submit all disputes to the non-exclusive
jurisdiction of the UK Courts
14. NOTIFICATION OF CHANGES TO THESE TERMS: 14.1 We reserve the right
at Our sole discretion to add to or change these Terms
14.2 If We publish any changes We will let You know by posting such changes to this page and/or by posting
notification of the change to our Site homepage or by sending You an email
14.3 Once We have posted any such changes it is then Your responsibility as a user to ensure that You are aware of
such changes from time to time
14.4 Changes will become effective 24 hours after first posting and You will be deemed to have accepted any change
if You continue to access the Site after that time
Copyright © 2008-9 NetSoftware Solutions™
All rights reserved.
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