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Terms and Conditions

The services and products supplied by New Business Direction Ltd are subject to these terms and conditions. New Business Direction Ltd reserves the right to update these terms at any time.

Terms

• Any services, products, ebooks, downloads or other items provided through this website are subject to these terms and conditions.
• Unless specifically stated users must not copy, distribute or otherwise reproduce any content from this website.
• See the separate privacy statement for the collection of information.
• New Business Direction Ltd does not claim ownership of the materials you provide to New Business Direction Ltd including feedback, suggestions, posts, etc. for review by the general public. However, by providing this information you are granting New Business Direction Ltd the permission to use your submission including the right to copy or distribute and to publish your name in connection with your submission

Definitions

• "Purchaser" means the person, company or other organisation purchasing the Services from New Business Direction Ltd.
• "Contract" means a contract, subject to these conditions, for the provision of the Services between New Business Direction Ltd and the Purchaser.
• "Order" means a purchase order in respect of services agreed by the Purchaser and submitted to New Business Direction Ltd, together with all documents referred to in it.
• "Quotation" is an agreed piece of work provided by New Business Direction Ltd to the Purchaser.
• "Services" means the subject matter of each Contract between the Purchaser and New Business Direction Ltd, being the work and/or services or any of them to be performed by New Business Direction Ltd for the Purchaser pursuant to the Order.
• Any quotation shall not be binding on New Business Direction Ltd and a Contract will only come into being upon acceptance by New Business Direction Ltd of the Order.
• The Contract will be subject to the conditions stated on the contract. Any terms specified by the Purchaser will have no effect unless agreed with New Business Direction Ltd. Any variation to the Contract must be confirmed in writing by New Business Direction Ltd.

Website Content

1. The purchaser unconditionally guarantees that any text, graphics or other artwork provided to New Business Direction Ltd for inclusion in the purchaser’s web site are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend New Business Direction Ltd and it's subcontractors from any claim or suit arising from the use of such elements furnished by the client.
2. Unless otherwise agreed all text, graphics or other artwork provided by New Business Direction remain the intellectual property of New Business Direction Ltd on completion of the order.
3. New Business Direction Ltd shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivatives works, and distribute any item from the clients' web pages unless specifically agreed to do otherwise. Further, New Business Direction Ltd shall be free to use any ideas, concepts, know how or techniques acquired in the construction of web sites for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and any other items incorporating such information unless specifically agreed otherwise.

Website Search Engine Optimisation (SEO)

1. Whilst New Business Direction Ltd will try to improve the position of your website in Search Engine results in response to a search request, we do not warrant that this effort is in any way guaranteed.
2. New Business Direction Ltd cannot be held responsible for any changes to the position of your Web Site in the Search Engine results in response to a search.

Warranty and Limit of Responsibility

1. New Business Direction Ltd acknowledges and agrees that it shall perform the Services with reasonable skill and care and in accordance with good industry practice.
2. The Purchaser acknowledges and agrees that New Business Direction Ltd shall have no liability to the Purchaser in respect of the positioning of the Purchaser's Web Site.
3. The Purchaser's remedies in respect of any claim under the foregoing express warranty or any condition or warranty implied by law or any other claim in respect of the Services or Web Site or any workmanship in relation to them (whether or not involving negligence on the part of New Business Direction Ltd) shall, in all cases, be limited to re-performance of the Services or refund of the relevant purchase price.
4. New Business Direction Ltd shall not in any circumstances be liable to the Purchaser for any indirect or consequential losses or any loss of profits purported to have been suffered by the Purchaser.
5. New Business Direction Ltd shall not be liable for any failure in the performance of any of its obligations under the agreement caused by factors outside its control.

Delivery & Completion Dates

1. Unless otherwise agreed New Business Direction Ltd undertakes to use its best efforts to provide completed Services to the Purchaser within 30 days of the date on which New Business Direction Ltd receives a signed Order from the Purchaser.
2. The dates for carrying out the Services and delivery are approximate only and, unless otherwise expressly stated, time is not of the essence for delivery or performance.
3. New Business Direction Ltd will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform save where the same is as a result of the negligence of New Business Direction Ltd.
4. No delay (unless material) shall entitle the Purchaser to reject any delivery or performance or any other Order from the Purchaser or to repudiate the Contract or the Order.

Responsibility For Approving Website Content

1. The Purchaser acknowledges and agrees that New Business Direction Ltd shall produce the services based on information provided to it by the Purchaser.
2. It shall be the responsibility of the Purchaser to review and approve the content of the services at the time of the completion of the order.
3. New Business Direction Ltd shall have no liability to the Purchaser for any inaccuracies in the services if and to the extent that the Purchaser has failed to review and/or approve (or require amendment (as the case may be)) provided to the Purchaser by New Business Direction Ltd pursuant to this Agreement.

Termination

1. New Business Direction Ltd may terminate the Contract immediately in the event that the Purchaser is in breach of its obligations under the Contract and/or the Purchaser suffers any event of insolvency or is or becomes unable to pay its debts as they fall due.
2. New Business Direction Ltd may at its discretion suspend or terminate the supply of any goods and services if the Purchaser fails to make any payment when due or otherwise defaults in any of its obligations under the contract or any other agreement with New Business Direction Ltd or becomes insolvent, has an administrative receiver appointed of its business or is compulsorily or voluntarily wound up or New Business Direction Ltd bona fide believes that any of those events may occur and in any case of termination may forfeit any monies paid.
3. New Business Direction Ltd may by written notice terminate the Agreement immediately and without liability for compensation or damages except as mentioned in this agreement if the Purchaser fails to make payment as specified above.

Third Party Claims

1. The Purchaser shall indemnify New Business Direction Ltd and keep New Business Direction Ltd indemnified from and against any and all actions, costs (including, without limitation, the cost of defending any legal proceedings), claims, proceedings, accounts and damages in respect of any infringement or alleged infringement by a third party of any patent, registered design, unregistered design, design right, copyright, trade mark or other industrial or intellectual property rights resulting from compliance by New Business Direction Ltd with the Purchaser's instructions, whether expressed or implied.

Assignment & Sub-Contracting

1. None of the rights or obligations of the Purchaser under the Contract may be assigned or transferred in whole or in part without the prior written consent of New Business Direction Ltd.
2. The Web Site shall be for the sole use of the Purchaser and shall not be capable of assignment to a third party by the Purchaser.
3. New Business Direction Ltd shall be entitled to sub-contract any work relating to the Contract without obtaining the consent of, or giving notice to, the Purchaser.

Notices

1. Any notice or other communication to be given under these conditions must be in writing.

Invalidity

The invalidity, illegality or un-enforceability of any provision of these conditions should not affect the other conditions.

Third Party Rights

A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

Law & Jurisdiction

The Contract shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.