These Terms and Conditions of Contract shall apply to contracts between Nexok and subscribers to the services supplied by Nexok.
Each category of data comprising the databases is maintained and updated at intervals appropriate to that category, in accordance with good data management practice. Nexok will add to, augment, modify, improve, replace or withdraw any part of the databases or functionalities from time to time in the course of Nexok normal service development. Where possible Nexok will gather email addresses, telephone numbers and website addresses for the Companies in our databases, however Nexok cannot guarantee to provide this information for all the Companies listed.
1. “Subscriber”, “Nexok”, “Services” And The Terms That Apply
In these Terms and Conditions, "the subscriber" means the person whose name and address has been provided to Nexok Limited ("Nexok") for billing purposes and who has been provided with a user name and password ("your subscriber identity") for use with Nexok services (“services” includes accessing the databases, browsing the website, or registering to use the website or application). If Nexok services are accessed using your subscriber identity, then the subscriber will be deemed to have authorised that access on the basis of the Terms & Conditions prevailing at that time.
2. Database Licence
Nexok grants the subscriber a non-exclusive, non-transferable licence to use the databases, subject to these Terms and Conditions. The databases may be used only for viewing information or for extracting information to the extent described in Clause 3. The subscriber may not under any circumstances adapt or circumvent the functioning of the Nexok software, nor access, use or modify the databases other than through the normal operation of the functionalities provided. Any attempt to access, use or modify the databases in an unauthorised manner, whether successful or not, will result in suspension of the account and could be treated as a criminal offence and referred to the appropriate authorities.
3. Customer Covenants
The Subscribers covenant and undertake to:
(a) maintain as strictly private and confidential all information which can be accessed through the Nexok services and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person.
(b) maintain strict security of access to Nexok, keeping your subscription identity confidential. If the subscriber suspects their identity has been obtained by another person, the subscriber must notify Nexok immediately by telephone and in writing. Nexok will promptly disable the account after which the subscriber will cease to be liable for any further charges unless and until the account is re-enabled.
Nexok services are provided to subscribers, following completion of the registration process which includes acceptance of the Nexok Terms and Conditions.
Subscribers agree to provide accurate and complete registration information to Nexok, including but not limited to, their name, email address and telephone number and to promptly report any changes in such information.
Credit or debit card information will only be taken when the account is upgraded from the initial free service provided to subscribers.
Contravention of the Terms and Conditions, following acceptance, may result in termination or suspension of an account.
During registration subscribers will be required to select an email address and password.
Subscribers are responsible for the security of their email address and password.
Nexok will not automatically upgrade a subscription account. Upgrades may be made in the Account Settings section of the web application.
Queries concerning an account should be made by contacting us.
Nexok do not guarantee that the services will always be available or be uninterrupted. Access to the services is permitted on a temporary basis. Nexok will not be liable to the subscriber if for any reason the services are unavailable at any time or for any period.
5. Subscription fees
The fees for the individual subscription rates are specified in the “Plans & Pricing” section of the Nexok website; www.nexok.co.uk.
The fee for each subscription rate may change. Nexok will inform subscribers of fee changes 30 days in advance of implementation which then will be liable from the next monthly payment. If changes to the subscription rate are unacceptable, subscribers should terminate subscriptions in accordance with the contract termination provisions set out below. If subscribers do not terminate the contract they will be deemed to have accepted the revised fees. Nexok recommends the website is viewed before the monthly renewal of a subscription.
Subscribers must pay the appropriate subscription fee by a designated credit or debit card and provide Nexok with the necessary card details.
The subscriber confirms that the designated payment card is registered in the subscribers name and address and there are sufficient funds or credit facilities to cover the subscription fee. Also that the expiry date of the payment card allows for the subscription fee to be charged to the credit or debit card. Failure to comply may mean that the account is suspended or terminated.
The subscription fee will be charged on the payment date of each month of the contract period to the subscriber's designated credit or debit card. The first payment of the subscription shall be made following successful registration. The payment date is monthly starting from the date of upgrade. VAT will be applied at the prevailing rate.
Where the subscription payment date occurs in a particular month with less than 31 days, (February, April, June, September, November), the fee will be charged on the nearest preceding date.
If payment initially fails on the payment date, Nexok will attempt to collect the payment on the following three consecutive days. Failure to obtain subscription fee payment will result in withdrawal of Nexok services.
7. Privacy & Confidentiality
In compliance with the UK Data Protection Act. Nexok will not sell or pass subscriber's or their client's information to third parties,
Subscribers must maintain confidentiality of their username and password. It is a violation of these Terms and Conditions of Contract for subscribers to allow non-subscribers to use Nexok services through the subscriber's username and password.
The subscriber is responsible for providing and maintaining all computer equipment and software necessary to access their account with Nexok.
The subscriber agrees not to sell, market, or otherwise distribute the whole or any portion of the Nexok services or data.
8. Contract Period and Termination
The subscriber agrees to a contract period of a minimum of 12 months with an exception to using the basic plan (which has a minimum contract period of one month) commencing on the date on which the account is upgraded. The contract shall renew automatically thereafter for successive 12 month contract periods (or in the case of the basic plan the contract shall renew automatically thereafter for successive monthly contract periods) unless, and until the subscriber notifies Nexok that they wish to terminate the contract. This can be done by contacting Nexok with the heading “Termination”.
Nexok will confirm termination within 5 days of notification.
Termination of the contract shall not be valid until confirmed by Nexok. If termination is not confirmed within five days of subscriber notification, the subscriber should assume that the request was not received by Nexok and resend the message.
If the subscriber terminates the contract part way through a 12 month contract period, full payment of the subscription fee will be charged for the balance of the remaining contract term. This will be calculated according to the monthly subscription fee, multiplied by the number of months remaining, until the contract renewal date.
9. Amendments to the Terms and Conditions
Nexok reserves the right to amend, revise or modify the Terms and Conditions of Contract by posting amendments on the website www.nexok.co.uk. Amended Terms and Conditions of Contract are effective upon posting. Continued use of the Nexok services by the subscriber confirms acceptance of the revised Terms and Conditions Contract.
To the fullest extent permissible by applicable law, in no event will Nexok Limited be liable to a subscriber for any damage whatsoever (including, without limitation, direct, indirect, incidental or consequential damages, lost profits, or damage resulting from lost data, incorrect or incomplete data or business interruption).
Nexok gives no guarantee that the services provided will always be available or uninterrupted, the connectivity to Nexok services, effect on subscribers data storage device, however caused, any data lost or intercepted in communication and any data lost which is stored on the Nexok services or subscribers data storage device, in connection with the Nexok services and it's content. Nexok will not be liable to the subscriber if for any reason the services are unavailable at any time or for any period.
Nexok make reasonable commercial efforts to ensure content on the website is up to date and accurate. However, because Nexok obtain the content from a number of different sources (including information provided by you) Nexok do not endorse, support, represent, warrant or guarantee the completeness, truthfulness, accuracy, or reliability of any content accessed using the services. If the subscriber becomes aware of any inaccurate or incorrect content accessed or accessible using the services (in particular pertaining to yourself or other individuals) please inform us and Nexok will use reasonable endeavours to investigate the concern and, where appropriate and possible, correct inaccurate data. The subscriber understands that by using the services provided by Nexok, they may be exposed to content that might be inaccurate or deceptive. Under no circumstances (save as required by law) will Nexok be liable in any way for any content accessed, or any loss or damage of any kind incurred as a result of the access provided.
11. Governing Law
These Terms and Conditions of Contract are governed by and are to be construed in accordance with English law. Parties to the contract agree that the courts of England shall have exclusive jurisdiction to try litigation which may arise out of or in connection with these Terms and Conditions of Contract.