Terms and Conditions

Last updated: 10/10/2006

Agreement

By requesting a service and placing an order with NM Web (hereafter called We, Us) the client (hereafter called You) agrees to be legally bound by the Terms and Conditions set out bellow. The terms and conditions may be changed at any time without notice. You are advised to review them regularly and agree to be bound to the current version.

You warrant that you are of legal age to use the website and to create binding legal obligations for any liability that may incur as a result of your use of the website. You agree that you are responsible for all of your use of the site. If you have entered the site from a country where any part of the website’s content is illegal or abusive, please, leave the website immediately. Nixen Master Ltd (the owner of NM Web) is based and was established in England and therefore all content of the site is subject of and applies to the laws of England and Wales only.

NM Web and all content of NM Web are protected by copyright, trade marks, database and other intellectual property rights.You may not copy, reproduce, distribute, publish, create derivative works, store electronically, transmit or in any way exploit for commercial gains or otherwise, any content on NM Web without a written permission. You may use the content of NM Web for your own personal, non-commercial use only.
NM Web will receive orders and provide the offered services only for clients who are 18 years of age or above this age. NM Web will provide services only if a written agreement has been attained by both parties either by email, mail, fax or telephone.

Website Design

The client agrees to provide all materials required for the completion of the ordered website on time. NM Web can not be held liable for any costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
NM Web does not accept responsibility for any copyright infringements that may occur in case clients provide Us with materials they do not have the permission to use.   
The ordered design, website, graphics; and all the programming codes remain the property of NM Web until the full payment for the service/s completed by NM Web is received.

Any scripts, cgi applications, php scripts, or software created by NM Web are the copyright of NM Web and We reserve the right to reproduce and resell them. You do not have the right to commercially reproduce, sell or resell any scripts, cgi applications, php scripts, or software created by NM Web unless otherwise agreed.
NM Web takes every reasonable care to ensure that the websites we create and any scripts or programs are errors free, however We can not be held liable for any losses incurred due to malfunction, the website or any part of it. The client must inform NM Web timely about any occurring errors in order to be corrected, before the website is made available for use.

The involvement of NM Web in a project is completed by delivering the website to the client. Therefore, NM Web can not be held liable for any costs incurred, compensation or loss of earnings due to an error that may afterwards occur out of a work carried out by the client or any of the clients appointed agents; or for any dispute that may arise between the site owner and their clients.

The client must test fully any application or programming related to a website developed by NM Web before being made generally available for use. If "bugs", errors or other issues are found after the site is delivered to the client, NM Web will endeavor (but is not obliged to) to correct these issues to meet the agreed standards.

Website Hosting

Whilst NM Web offers hosting for websites and takes any reasonable care to constantly monitor its servers, we do guarantee 99.9% availability of the service. NM Web does not accept liability for any losses caused by the unavailability, malfunction or interruption of this service. NM Web can not be held liable for any costs incurred, compensation or loss of earnings due to the unavailability of the service, its servers or software.
A contract is mandatory upon registering for web hosting with NM Web. We reserve the right to terminate a contract and to suspend a website from our servers if the site contains material which may be deemed offensive, illegal or in any way controversial.
NM Web requires 30 days notice upon termination of a hosting contract from a client.

Payment Policy

Website Design
A deposit of 20% for a website is required upon signing an agreement before any design work will be carried out.
The final balance of payment is due no later than 30 days from the date of the invoice (unless a prior arrangement with NM Web has been made), once a website has been designed, completed and approved by the client.
In case the client decides they no longer want the site, they are still obliged to pay for the work that has been done.
In case the client requires any additional changes after the website has been completed and approved by them, any such changes will be billed upon an hourly rate of £20.

The completed website will be placed on our server and will be moved to the client’s selected server only after a full payment has been received.
If full payment has not been received and NM Web has not been contacted regarding a delay by the client, NM Web reserves the right to remove or deny access to the particular website.
In case of a persistent non payment of an invoice, the client will be contacted by our solicitors with the intention of bringing the matter further.

Website hosting
A full payment is required upon signing a contract for hosting service. The amount due depends on the package price and on the continuance of hosting requested by the client.

In case of termination of a contract for hosting service by either party, the amount paid upon signing the contract is non refundable. 

Compatibility

NM Web takes any care to ensure that any developed/designed website or application by us is compatible with Microsoft Internet Explorer Version 6, Mozilla and Opera web browsers. We do not guarantee compatibility with other browser softwares.

Links to third parties

This website contains links to other websites. We have placed these links for your convenience and information only and, as such, you access them at your own risk. We do not control the content and design of other websites; therefore we take no responsibility for their content. You must understand that third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier only.

Indemnification

You agree to indemnify, defend, and hold harmless NM Web and its owners, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Terms and Conditions, the use or the inability of use of this site, or any claim by a third party related to the use of the site.

Disclaimer

We reserve the right to amend the information on this website (including these terms and conditions of use) at any time.
 
NM Web does not accept liability of any kind including negligence for any damages or loss of data or profits occurring out of or in connection with the use or performance of this website or its contents. The information on the website may be updated from time to time and errors may occur as a result; we can not be held responsible if such errors occur or if the site contains information out of date.
 
NM Web accepts no responsibility and shall not be liable for any damage to, or viruses which may infect your computer equipment or other property by reason of your access to, browsing or use of this website.
 
Under no circumstance shall NM Web be liable for any damages, losses, injuries or claims or any direct, indirect, incidental, consequential damages of any kind (including but not limited to lost profits, data or savings) howsoever arising (including, but not limited to, as a result of our negligence) in connection with the use of this website; or the copying or use of any information or material contained in or referred to in this website; or any failure or delay of the use or inability to use any component of this website.

General

This agreement shall be governed by the laws of England and Wales. Therefore any English and Welsh court shall have exclusive jurisdiction to adjudicate any dispute which may arise out of the use of this website.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be superseded by a valid, enforceable provision which most closely matches the intent of the original provision and in any event the remainder of the agreement shall continue in effect.

All Rights Reserved. © 2003-2006 Nixen Master Ltd.