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Terms & Conditions

 

 

TERMS AND CONDITIONS

Application and entire agreement

 1. These
Terms and Conditions apply to the provision of the services detailed in our
quotation (Services) by Nexus Publishing a company registered in England
and Wales under number 7484785 whose registered office is at 8 Churchill Drive,
Telford, Shropshire, TF2 0BT (we or us) to the person buying the
services (you).

 2. You
are deemed to have accepted these Terms and Conditions when you accept our
quotation or from the date of any performance of the Services (whichever
happens earlier) and these Terms and Conditions and our quotation (the
Contract
) are the entire agreement between us.

 3. You
acknowledge that you have not relied on any statement, promise or
representation made or given by or on our behalf. These Conditions apply to the
Contract to the exclusion of any other terms that you try to impose or
incorporate, or which are implied by trade, custom, practice or course of
dealing.

Interpretation

 4. A “business day” means any day other than a Saturday, Sunday or bank
holiday in England and Wales.

5. The headings in these Terms and Conditions are for convenience only and do not
affect their interpretation.

 6. Words imparting the singular number shall include the plural and vice-versa.

Services

 7. We warrant that we will use reasonable care and skill in our performance of the
Services which will comply with the quotation, including any specification in
all material respects. We can make any changes to the Services which are
necessary to comply with any applicable law or safety requirement, and we will
notify you if this is necessary.

 8. We will use our reasonable endeavours to complete the performance of the Services
within the time agreed or as set out in the quotation; however, time shall not
be of the essence in the performance of our obligations.

 9. All of these Terms and Conditions apply to the supply of any goods as well as
Services unless we specify otherwise.

Your obligations

 10. You must obtain any permissions, consents, licences or otherwise that we need and
must give us with access to any and all relevant information, materials,
properties and any other matters which we need to provide the Services.

 11. If you do not comply with clause 10, we can terminate the Services.

 12. We are not liable for any delay or failure to provide the Services if this is
caused by your failure to comply with the provisions of this section (Your
obligations
).

Fees

 13. The fees (Fees) for the Services are set out in the quotation and are on a
time and materials basis.

 14. In addition to the Fees, we can recover from you a) reasonable incidental expenses
including, but not limited to, travelling expenses, hotel costs, subsistence
and any associated expenses, b) the cost of services provided by third parties
and required by us for the performance of the Services, and c) the cost of any
materials required for the provision of the Services.

15. You must pay us for any additional services provided by us that are not specified
in the quotation in accordance with our then current, applicable hourly rate in
effect at the time of performance or such other rate as may be agreed between
us. The provisions of clause 14 also apply to these additional services.

16. The Fees are inclusive of any applicable VAT and other taxes or levies which are
imposed or charged by any competent authority.

Cancellation and amendment

 17. We can withdraw, cancel or amend a quotation if it has not been accepted by you,
or if the Services have not started, within a period of 1 day from the date of
the quotation, (unless the quotation has been withdrawn).

 18. Either we or you can cancel an order for any reason prior to your acceptance (or
rejection) of the quotation.

 19. If you want to amend any details of the Services you must
tell us in writing as soon as possible. We will use reasonable endeavours to
make any required changes and additional costs will be included in the Fees and
invoiced to you.

 20. If, due to circumstances beyond our control, including those set out in the clause
below (Circumstances beyond a party’s control), we have to make any
change in the Services or how they are provided, we will notify you
immediately. We will use reasonable endeavours to keep any such changes to a
minimum.

Payment

 21. We will invoice you for payment of the Fees either:

a. when we have
completed the Services; or

 b. on the invoice
dates set out in the quotation.

 22. You must pay the Fees due within 30 days of the date of our invoice or otherwise in
accordance with any credit terms agreed between us.

 23. Time for payment shall be of the essence of the Contract.

 24. Without limiting any other right or remedy we have for statutory interest, if you do
not pay within the period set out above, we will charge you interest at the
rate of 8% per annum above the base lending rate of the Bank of England from
time to time on the amount outstanding until payment is received in full.

 25. All payments due under these Terms and Conditions must be made in full without any
deduction or withholding except as required by law and neither of us can assert
any credit, set-off or counterclaim against the other in order to justify
withholding payment of any such amount in whole or in part.

26. If you do not pay within the period set out above, we can suspend any further provision
of the Services and cancel any future services which have been ordered by, or
otherwise arranged with, you.

 27. Receipts for payment will be issued by us only at your request.

 28. All payments must be made in British Pounds unless otherwise agreed in writing
between us.

Sub-Contracting and assignment

29. We can at any time assign, transfer, charge, subcontract or deal in any other
manner with all or any of our rights under these Terms and Conditions and can
subcontract or delegate in any manner any or all of our obligations to any
third party.

 30. You must not, without our prior written consent, assign, transfer, charge,
subcontract or deal in any other manner with all or any of your rights or
obligations under these Terms and Conditions.

Termination

 31. We can terminate the provision of the Services immediately if you:

 a. commit a material breach of your obligations under these Terms and Conditions; or

b. fail to make pay any amount due under the Contract on the due date for payment; or

c. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy
order or take advantage of any other statutory provision for the relief of
insolvent debtor; or

 d. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme
or arrangement is made with its creditors; or

 e. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a
receiver, manager, administrator or administrative receiver appointed in
respect of your assets or undertakings or any part of them, any documents are
filed with the court for the appointment of an administrator in respect of you,
notice of intention to appoint an administrator is given by you or any of your
directors or by a qualifying floating charge holder (as defined in para. 14 of
Schedule B1 of the Insolvency Act 1986), a resolution is passed
or petition presented to any court for your winding up or for the granting of
an administration order in respect of you, or any proceedings are commenced
relating to your insolvency or possible insolvency.

Intellectual property

 32. We reserve all copyright and any other intellectual property rights which may
subsist in any goods supplied in connection with the provision of the Services.
We reserve the right to take any appropriate action to restrain or prevent the
infringement of such intellectual property rights.

Liability and indemnity

 33. Our liability under these Terms and Conditions, and in breach of statutory duty,
and in tort or misrepresentation or otherwise, shall be limited as set out in
this clause.

 34. The total amount of our liability is limited to the total amount of Fees payable by
you under the Contract.

35. We are not liable (whether caused by our employees, agents or otherwise) in
connection with our provision of the Services or the performance of any of our
other obligations under these Terms and Conditions or the quotation for:

a. any indirect, special or consequential loss, damage, costs, or expenses or;

 b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of
reputation or goodwill; business interruption; or, other third
party
claims; or

 c. any failure to perform any of our obligations if such delay or failure is due to any cause
beyond our reasonable control; or

d. any losses caused directly or indirectly by any failure or your breach in relation to your
obligations; or

 e. any losses arising directly or indirectly from the choice of Services and how they will meet your
requirements or your use of the Services or any goods supplied in connection
with the Services.

 36. You must indemnify us against all damages, costs, claims and expenses suffered by
us arising from any loss or damage to any equipment (including that belonging
to third parties) caused by you or your agents or employees.

 37. Nothing in these Terms and Conditions shall limit or exclude our liability for death or
personal injury caused by our negligence, or for any fraudulent
misrepresentation, or for any other matters for which it would be unlawful to
exclude or limit liability.

Data Protection

 38. When supplying the Services to the Customer, the Service Provider may gain access to
and/or acquire the ability to transfer, store or process personal data of
employees of the Customer.

39. The parties agree that where such processing of personal data takes place, the
Customer shall be the ‘data controller’ and the Service Provider shall be the
‘data processor’ as defined in the General Data Protection Regulation (GDPR)
as may be amended, extended and/or re-enacted from time to time.

40. For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data
Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.

 41. The Service Provider shall only Process Personal Data to the extent reasonably
required to enable it to supply the Services as mentioned in these terms and
conditions or as requested by and agreed with the Customer, shall not retain
any Personal Data longer than necessary for the Processing and refrain from
Processing any Personal Data for its own or for any third party’s purposes.

42. The Service Provider shall not disclose Personal Data to any third parties other
than employees, directors, agents, sub-contractors or advisors on a strict
“need-to-know” basis and only under the same (or more extensive) conditions
as set out in these terms and conditions or to the extent required by
applicable legislation and/or regulations.

43. The Service Provider shall implement and maintain technical and organisational
security measures as are required to protect Personal Data Processed by the
Service Provider on behalf of the Customer.

 44. Further information about the Service Provider’s approach to data protection are
specified in its Data Protection Policy, which can be found on my offline data
storage. For any enquiries or complaints regarding data privacy, you can
contact our Data Protection Officer at the following e-mail address:
nexuspublishing@gmail.com.

Circumstances beyond a party’s control

45. Neither of us is liable for any failure or delay in performing our obligations where
such failure or delay results from any cause that is
beyond the reasonable control of that party. Such causes include, but are not
limited to: power failure, Internet Service Provider failure, industrial
action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts
of war, governmental action or any other event that is beyond the control of
the party in question. If the delay continues for a period of 90 days, either
of us may terminate or cancel the Services to be carried out under these Terms
and Conditions.

Communications

 46. All notices under these Terms and Conditions must be in writing and signed by, or
on behalf of, the party giving notice (or a duly authorised officer of that
party).

47. Notices shall be deemed to have been duly given:

 a. when delivered, if delivered by courier or other messenger (including registered mail) during the
normal business hours of the recipient;

 b. when sent, if transmitted by fax or email and a successful transmission report or return
receipt is generated;

 c. on the fifth business day following mailing, if mailed by national ordinary mail; or

 d. on the tenth business day following mailing, if mailed by airmail.

48. All notices under these Terms and Conditions must be addressed to the most recent
address, email address or fax number notified to the other party.

No waiver

49. No delay, act or omission by a party in exercising any right or remedy will be
deemed a waiver of that, or any other, right or remedy nor stop further
exercise of any other right, or remedy.

Severance

50. If one or more of these Terms and Conditions is found to be unlawful, invalid or
otherwise unenforceable, that / those provisions will be deemed severed from
the remainder of these Terms and Conditions (which will remain valid and
enforceable).

Law and jurisdiction

 51. This Agreement shall be governed by and interpreted according to the law of England
and Wales and all disputes arising under the Agreement (including
non-contractual disputes or claims) shall be subject to the exclusive
jurisdiction of the English and Welsh courts.

 

 

Privacy Policy






Privacy policy

This privacy policy applies between you, the User of this
Website and Nexus Publishing, the owner and provider of this Website. Nexus
Publishing takes the privacy of your information very seriously. This privacy
policy applies to our use of any and all Data collected by us or provided by
you in relation to your use of the Website.

This privacy policy should be read alongside, and in
addition to, our Terms and Conditions, which can be found at:
http://www.nexuspublishing.co.uk/terms.

Please read this privacy policy carefully.

Definitions and interpretation

1. In
this privacy policy, the following definitions are used:

Data

collectively all information that you submit
to Nexus Publishing via the Website. This definition incorporates, where
applicable, the definitions provided in the Data Protection Laws;

Cookies

a small text file placed on your computer by
this Website when you visit certain parts of the Website and/or when you use
certain features of the Website. Details of the cookies used by this Website
are set out in the clause below (Cookies);

Data Protection Laws

any applicable law relating to the processing
of personal Data, including but not limited to the Directive 96/46/EC (Data
Protection Directive) or the GDPR, and any national implementing laws, regulations
and secondary legislation, for as long as the GDPR is effective in the UK;

GDPR

the General Data Protection Regulation (EU)
2016/679;

Nexus Publishing, or us

Nexus Publishing, a company incorporated in
England and Wales with registered number 7484785 whose registered office is
at 8 Churchill Drive, Telford, Shropshire, TF2 0BT;

UK and EU Cookie Law

the Privacy and Electronic Communications (EC
Directive) Regulations 2003 as amended by the Privacy and Electronic
Communications (EC Directive) (Amendment) Regulations 2011;

User or you

any third party that accesses the Website and
is not either (i) employed by Nexus Publishing and acting in the course of
their employment or (ii) engaged as a consultant or otherwise providing
services to Nexus Publishing and accessing the Website in connection with the
provision of such services; and

Website

the website that you are currently using,
http://www.nexuspublishing.co.uk, and any sub-domains of this site unless
expressly excluded by their own terms and conditions.

2. In
this privacy policy, unless the context requires a different interpretation:

a. the singular
includes the plural and vice versa;

b. references to
sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses,
schedules or appendices of this privacy policy;

c. a reference to a
person includes firms, companies, government entities, trusts and partnerships;

d. "including"
is understood to mean "including without limitation";

e. reference to any
statutory provision includes any modification or amendment of it;

f. the headings and
sub-headings do not form part of this privacy policy.

Scope of this privacy policy

3. This
privacy policy applies only to the actions of Nexus Publishing and Users with
respect to this Website. It does not extend to any websites that can be
accessed from this Website including, but not limited to, any links we may
provide to social media websites.

4. For
purposes of the applicable Data Protection Laws, Nexus Publishing is the
"data controller". This means that Nexus Publishing determines the
purposes for which, and the manner in which, your Data is processed.

Data collected

5. We
may collect the following Data, which includes personal Data, from you:

a. name;

b. contact Information
such as email addresses and telephone numbers;

c. IP address
(automatically collected);

d. in each case, in
accordance with this privacy policy.

How we collect Data

6. We
collect Data in the following ways:

a. data is given to us
by you; and

b. data is collected
automatically.

Data that is given to us by you

7. Nexus
Publishing will collect your Data in a number of ways, for example:

a. when you contact us
through the Website, by telephone, post, e-mail or through any other means;

b. when you elect to
receive marketing communications from us;

in each case, in accordance with this privacy policy.

Data that is collected automatically

8. To
the extent that you access the Website, we will collect your Data
automatically, for example:

a. we automatically
collect some information about your visit to the Website. This information
helps us to make improvements to Website content and navigation, and includes
your IP address, the date, times and frequency with which you access the
Website and the way you use and interact with its content.

b. we will collect
your Data automatically via cookies, in line with the cookie settings on your
browser. For more information about cookies, and how we use them on the
Website, see the section below, headed "Cookies".

Our use of Data

9. Any
or all of the above Data may be required by us from time to time in order to
provide you with the best possible service and experience when using our
Website. Specifically, Data may be used by us for the following reasons:

a. internal record
keeping;

b. improvement of our
products / services;

c. transmission by
email of marketing materials that may be of interest to you;

d. contact for market
research purposes which may be done using email, telephone, fax or mail. Such
information may be used to customise or update the Website;

in each case, in accordance with this privacy policy.

10. We
may use your Data for the above purposes if we deem it necessary to do so for
our legitimate interests. If you are not satisfied with this, you have the right
to object in certain circumstances (see the section headed "Your
rights" below).

11. For
the delivery of direct marketing to you via e-mail, we’ll need your consent,
whether via an opt-in or soft-opt-in:

a. soft opt-in consent
is a specific type of consent which applies when you have previously engaged
with us (for example, you contact us to ask us for more details about a
particular product/service, and we are marketing similar products/services).
Under "soft opt-in" consent, we will take your consent as given
unless you opt-out.

b. for other types of
e-marketing, we are required to obtain your explicit consent; that is, you need
to take positive and affirmative action when consenting by, for example,
checking a tick box that we’ll provide.

c. if you are not
satisfied about our approach to marketing, you have the right to withdraw
consent at any time. To find out how to withdraw your consent, see the section
headed "Your rights" below.

Who we share Data with

12. We
may share your Data with the following groups of people for the following
reasons:

a. our employees,
agents and/or professional advisors – to send marketing and communications
emails to customers;

in each case, in accordance with this privacy policy.

Keeping Data secure

13. We
will use technical and organisational measures to safeguard your Data, for
example:

a. access to your
account is controlled by a password and a user name that is unique to you.

b. we store your Data
on secure servers.

14. Technical
and organisational measures include measures to deal with any suspected data
breach. If you suspect any misuse or loss or unauthorised access to your Data,
please let us know immediately by contacting us via this e-mail address:
nexuspublishing@gmail.com.

15. If
you want detailed information from Get Safe Online on how to protect your
information and your computers and devices against fraud, identity theft,
viruses and many other online problems, please visit www.getsafeonline.org. Get
Safe Online is supported by HM Government and leading businesses.

Data retention

16. Unless
a longer retention period is required or permitted by law, we will only hold
your Data on our systems for the period necessary to fulfil the purposes
outlined in this privacy policy or until you request that the Data be deleted.

17. Even
if we delete your Data, it may persist on backup or archival media for legal,
tax or regulatory purposes.

Your rights

18. You
have the following rights in relation to your Data:

a. Right to access
– the right to request (i) copies of the information we hold about you at any
time, or (ii) that we modify, update or delete such information. If we provide
you with access to the information we hold about you, we will not charge you
for this, unless your request is "manifestly unfounded or excessive."
Where we are legally permitted to do so, we may refuse your request. If we
refuse your request, we will tell you the reasons why.

b. Right to correct
– the right to have your Data rectified if it is inaccurate or incomplete.

c. Right to erase
– the right to request that we delete or remove your Data from our systems.

d. Right to
restrict our use of your Data
– the right to "block" us from
using your Data or limit the way in which we can use it.

e. Right to data
portability
– the right to request that we move, copy or transfer your
Data.

f. Right to object
– the right to object to our use of your Data including where we use it for our
legitimate interests.

19. To
make enquiries, exercise any of your rights set out above, or withdraw your
consent to the processing of your Data (where consent is our legal basis for
processing your Data), please contact us via this e-mail address:
nexuspublishing@gmail.com.

20. If
you are not satisfied with the way a complaint you make in relation to your
Data is handled by us, you may be able to refer your complaint to the relevant
data protection authority. For the UK, this is the Information Commissioner’s
Office (ICO). The ICO’s contact details can be found on their website at
https://ico.org.uk/.

21. It
is important that the Data we hold about you is accurate and current. Please
keep us informed if your Data changes during the period for which we hold it.

Links to other websites

22. This
Website may, from time to time, provide links to other websites. We have no
control over such websites and are not responsible for the content of these
websites. This privacy policy does not extend to your use of such websites. You
are advised to read the privacy policy or statement of other websites prior to
using them.

Changes of business ownership and control

23. Nexus
Publishing may, from time to time, expand or reduce our business and this may
involve the sale and/or the transfer of control of all or part of Nexus
Publishing. Data provided by Users will, where it is relevant to any part of
our business so transferred, be transferred along with that part and the new
owner or newly controlling party will, under the terms of this privacy policy,
be permitted to use the Data for the purposes for which it was originally
supplied to us.

24. We
may also disclose Data to a prospective purchaser of our business or any part
of it.

25. In
the above instances, we will take steps with the aim of ensuring your privacy
is protected.

Cookies

26. This
Website may place and access certain Cookies on your computer. Nexus Publishing
uses Cookies to improve your experience of using the Website and to improve our
range of services. Nexus Publishing has carefully chosen these Cookies and has
taken steps to ensure that your privacy is protected and respected at all
times.

27. All
Cookies used by this Website are used in accordance with current UK and EU
Cookie Law.

28. Before
the Website places Cookies on your computer, you will be presented with a
message bar requesting your consent to set those Cookies. By giving your
consent to the placing of Cookies, you are enabling Nexus Publishing to provide
a better experience and service to you. You may, if you wish, deny consent to
the placing of Cookies; however certain features of the Website may not
function fully or as intended.

29. This
Website may place the following Cookies:

Type of Cookie

Purpose

Strictly necessary cookies

These are cookies that are required for the operation of
our website. They include, for example, cookies that enable you to log into
secure areas of our website, use a shopping cart or make use of e-billing
services.

Analytical/performance cookies

They allow us to recognise and count the number of
visitors and to see how visitors move around our website when they are using
it. This helps us to improve the way our website works, for example, by
ensuring that users are finding what they are looking for easily.

30. You
can find a list of Cookies that we use in the Cookies Schedule.

31. You
can choose to enable or disable Cookies in your internet browser. By default,
most internet browsers accept Cookies but this can be
changed. For further details, please consult the help menu in your internet
browser.

32. You
can choose to delete Cookies at any time; however you
may lose any information that enables you to access the Website more quickly
and efficiently including, but not limited to, personalisation settings.

33. It
is recommended that you ensure that your internet browser is up-to-date and
that you consult the help and guidance provided by the developer of your
internet browser if you are unsure about adjusting your privacy settings.

34. For
more information generally on cookies, including how to disable them, please
refer to aboutcookies.org. You will also find details on how to delete cookies
from your computer.

General

35. You
may not transfer any of your rights under this privacy policy to any other
person. We may transfer our rights under this privacy policy where we
reasonably believe your rights will not be affected.

36. If
any court or competent authority finds that any provision of this privacy
policy (or part of any provision) is invalid, illegal or unenforceable, that
provision or part-provision will, to the extent required, be deemed to be
deleted, and the validity and enforceability of the other provisions of this
privacy policy will not be affected.

37. Unless
otherwise agreed, no delay, act or omission by a party in exercising any right
or remedy will be deemed a waiver of that, or any other, right or remedy.

38. This
Agreement will be governed by and interpreted according to the law of England
and Wales. All disputes arising under the Agreement will be subject to the
exclusive jurisdiction of the English and Welsh courts.

Changes to this privacy policy

39. Nexus
Publishing reserves the right to change this privacy policy as we may deem
necessary from time to time or as may be required by law. Any changes will be
immediately posted on the Website and you are deemed to have accepted the terms
of the privacy policy on your first use of the Website following the
alterations.

You may contact Nexus Publishing by email at nexuspublishing@gmail.com.

Attribution

40. This
privacy policy was created using a document from Rocket Lawyer
(https://www.rocketlawyer.co.uk).

24 September 2018

 

Cookies

Below is a list of the cookies that we use. We have tried to
ensure this is complete and up to date, but if you think that we have missed a
cookie or there is any discrepancy, please let us know.

Strictly necessary

We use the following strictly necessary cookies:

Description of Cookie

Purpose

For autocomplete of forms

For autocomplete of forms

Analytical/performance

We use the following analytical/performance cookies:

Description of Cookie

Purpose

Google Analytics

To track where website visitors have come from.





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