1. Definitions and Interpretation
- “NFOL/BTW/Beyond The Web/We/Us/Our” means New Forest Online Ltd, a company registered in England under 12289524, whose registered address is 36A Station Road, Hampshire, New Milton, BH25 6JX and whose main trading address is Suite 2, 35B High Street, Lymington, Hampshire, SO419AF. Our VAT number is GB 335 9893 51;
- “The Customer/The Client” shall mean the person, firm, organisation or Company purchasing or agreeing to purchase goods or services from NFOL;
- “These Conditions” shall mean the terms and conditions as outlined below.
- “Account” means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;
- “Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
- “Free Listing/Basic Listing” means a free directory listing submitted on Our Site by a User, providing details of that User’s business or organisation. Please see https://www.newforest-online.co.uk/request-business-listing-link.asp to see whats included.
- “Paid Listing/Link Listing/Premium Listing” means a premium directory listing submitted on Our Site by a User, in exchange for a fee, providing details of that User’s business or organisation. Please see https://www.newforest-online.co.uk/request-business-listing-link.asp to see whats included.
- “Listed Business” means any business featured in a Free or Paid Listing;
- “Third Party Advertiser” means a party responsible for Third Party Advertising displayed on Our Site;
- “Third Party Advertising” means advertising displayed on Our Site in addition to Free Listings and Paid Listings, as detailed in Clause 9;
- “User” means a user of any website managed by NFOL for example but not limited to https://www.newforest-online.co.uk/ and https://www.newforestonline.biz/, https://www.beyondtheweb.co.uk/;
2. Our agreement
1 – Website Projects
- a. This agreement begins when we, NFOL, accept your, the customer’s, signed order form. You are deemed to accept these conditions when you sign the order form.
- b. We will fulfil your order as soon as we can.
2 – Design Projects
- a. This agreement begins when we, NFOL, accept your, the customer’s, signed order form. You are deemed to accept these conditions when you sign the order form.
- b. We will fulfil your order as soon as we can.
3 – Business Directory
- a. Any material, information or other communication you transmit or post to this site will be considered non-confidential and non-proprietary (“communications”). New Forest Online Ltd will have no obligations with respect to the communications. New Forest Online Ltd and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
- b. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
- c. You must be over the age of 18 to submit a listing on our site.
- d. Submitted URL links are manually checked upon submission by New Forest Online to ensure integrity of the Directory and your listing submission can be rejected for any reason. If rejected an option of amending the url or a refund will be given to the value of the listing minus any fees incurred.
3. Providing services
- a. We will try to always make our services available to you, but sometimes they may be affected by things we cannot control, for example, hardware failure and faults in telephone networks. We may suspend certain services but will endeavour to give as much notice as practical.
- b. The services are made available provided they are not used for anything illegal, immoral or improper
- c. NFOL commits to keep the ‘server’ up and running 24hrs a day, 365 days of the year and has achieved over 99% reliability to date, however, no responsibility or liability can be accepted by NFOL if a customer website becomes unviewable at any time.
- d. NFOL reserves the right to alter it’s technical platform, server capabilities, e-mail capabilities and the computer programmes it uses, as it so chooses.
- e. NFOL may need to take the server off-line occasionally in order to perform routine maintenance.
4.1 NFOL Service
- a. We will use our reasonable endeavours to keep our own website, customer websites and our server(s) free from viruses (or anything else which may damage your information) but we do not guarantee this. Use is at your own risk.
- b. We do not permit you to be a nuisance or inconvenience to others, including sending unsolicited emails. If you do, you may be liable to civil or criminal legal action.
- c. You must not:
- i. use the NFOL website(s) to transmit any material which breaches any intellectual property right or which contains viruses
- ii. disrupt or damage any NFOL website(s) or any other associated service(s):
- iii. circumvent any security or other safeguards.
- d. You acknowledge that content on NFOL website(s) may be protected by copyright or other rights and laws. You must comply with all applicable laws and regulations.
- e. We do not control the content of e-mail messages which you may receive from NFOL website(s). Therefore we have no responsibility or liability for this content.
- f. You will indemnify us for any loss, cost, damage or claim arising from your misuse of NFOL website(s) or breach of these conditions.
- g. Once a website has been produced by NFOL for a customer, and the site has been approved by that customer and the site has been published on the internet, and all outstanding NFOL invoices have been paid by that customer, the website becomes the property of the customer subject to 5 (d).
- h. No responsibility or liability can be accepted by NFOL for displaying incorrect customer information.
- i. NFOL shall endeavour to produce published material in line with Customer expectations, but variances and different interpretations will inevitably occur. If a Customer requests changes and alterations that are not in line with the original brief given to NFOL, NFOL may administer additional charges to cover this additional work.
- j. NFOL reserves the right not to build a website for a customer, or make amendments and changes, if it is thought that the site/changes could be illegal, immoral or improper.
- k. If a customer wishes to transfer their website from NFOL to a different company, a single transfer charge of fifty pounds (£50) needs to be paid to NFOL before the transfer can take place plus any fees. Once the transfer has been initiated NFOL are no longer liable or responsible for the ongoing management of the website. All plugins and website core files are the responsability of the site owner. The website subscription on the NFOL server will be deleted within 7 days.
- l. It is the full responsibility of you, the client, when providing New Forest Online with any image(s) for use upon your website that you do have the right to use such image(s). You will be assumed to have warranted that you do own the rights to such image(s) or have license for such use of them. It is therefore essential that you make sure you are not breaching any copyright(s) or Intellectual Property rights that may apply, as New Forest Online will accept no liability for any breach of copyright(s) or Intellectual Property rights that may have been breached. Please do be aware that any image(s) you, the client, or your agent(s) may find or source through search engine searches, online or anywhere else may not necessarily be free for you, the client, to legally re-use without purchasing a license and paying the appropriate copyright holder (or their agent) a fee for such use.
- a. If a customer wishes to transfer their E-mailbox from NFOL to a different company, a single transfer charge of fifty pounds (£50) needs to be paid to NFOL before the transfer can take place plus any fees. Once the transfer has been initiated NFOL are no longer liable or responsible for the management of the mailbox and the mailbox on the NFOL server will be deleted within 7 days.
- b. The Customer is responsible for administering their email service, including requesting additional mailboxes, requesting adding storage capacity, managing settings, and configuring spam filters unless NFOL agrees in writing to administer such changes and features. If NFOL agrees to make these changes to the email service for the Customer, there may be a delay between the date upon which The Customer requests a change and the date upon which such change is applied.
- c. The Customer agrees that technical support may require NFOL access to User Content. The Customer is solely responsible for any instructions provided to NFOL as part of a technical support request. The Customer understands and agrees that any modifications performed in order to address a technical support issue may affect the functionality of User Email and/or services. It is The Customers responsibility to ensure that the services are operational and configured to The Customers needs once NFOL completes work on a technical support request.
- d. The Customer hereby acknowledges that NFOL is not responsible for any loss of data or any other liability or damages from use of third-party software to access or manage the email services.
- e. The Customer may request an adjustment of the storage capacity of The Customer’s individual mailboxes in writing, and it is Client’s obligation to monitor and adjust the storage capacity of individual mailboxes as needed. An individual email message that exceeds the per-message size limit of 20MB (including attachments) may be permanently lost. Mail that exceeds the storage limit when received may also be permanently lost.
- f. The Customer acknowledges that the email services are not designed for sending and receiving a high volume of email messages. You must not send out mass mailings such as Mailshots or Newsletters from any of our servers. NFOL may limit the number of email messages that a Client may send and receive and the number of recipients per email message sent over a given time period, as determined by NFOL in its reasonable discretion. Please contact us for more information 01590 688666. NFOL reserves the right to make changes to such limits at any time without prior notice to The Customer. Attempts to circumvent these limits by using multiple accounts or by other means shall constitute a material breach of the Agreement.
- g. The Customer may not send email to anyone with whom The Customer does not have a pre-existing relationship unless the recipient has published or otherwise provided his or her email address in a manner which implies consent to receive email.
4.3 Business Directory www.newforest-online.co.uk
Use of site.
- suspend or remove your Free/Paid Listing;
- issue you with a written warning;
- take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
- take further legal action against you as appropriate;
- disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
- any other actions which We deem reasonably appropriate (and lawful).
Access of site.
Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Use of software.
If you download software from this site (“software”), use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the software license agreement. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
Any material, information or other communication you transmit or post to this site will be considered non-confidential and non-proprietary (“communications”). New Forest Online Ltd will have no obligations with respect to the communications. New Forest Online Ltd and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You must be over the age of 18 to submit a listing on our site. Submitted URL links are manually checked upon submission by New Forest Online to ensure integrity of the Directory and your listing submission can be rejected for any reason. If rejected an option of amending the url or a refund will be given to the value of the listing minus any fees incurred.
User chat rooms.
New Forest Online Ltd may, but is not obligated to, monitor or review any areas on the site where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such communications. New Forest Online Ltd, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
Viruses, Malware and Security
We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means. By breaching the provisions, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
The materials provided at this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. New Forest Online Ltd further does not warrant the accuracy and completeness of the materials at this site. New Forest Online Ltd may make changes to the materials at this site, or to the information, products and prices described in them, at any time without notice. The materials at this site may be out of date, and New Forest Online Ltd makes no commitment to update the materials at this site. 10.3 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. New Forest Online Ltd are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Listings. Any such opinions, views, or values are those of the business or organisation listing and do not reflect Our opinions, views, or values in any way. We have no control over, nor any involvement in, any Free Listings, and We accept no responsibility for any actions taken, or for any products or services provided by, any Listed Business.
Limitation of liability.
In no event will New Forest Online Ltd, its suppliers, or other third parties mentioned at this site be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, any websites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from this site results in the need for servicing, repair Or correction of equipment or data, you assume all costs thereof. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Applicable laws. This site is administered by New Forest Online Ltd from its offices in the New Forest. New Forest Online Ltd makes no representation that materials at this site are appropriate or available for use outside the United Kingdom, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this site or any copy or adaptation in violation of any applicable laws or regulations including without limitation UK export laws and regulations. If you choose to access this site from outside the UK, you do so on your own initiative and are responsible for compliance with applicable local laws. These terms will be governed by and construed in accordance with English law, without giving effect to any principles of conflicts of laws.
Links to our web site.
You may not link to any page other than the homepage of Our Site, https://www.newforest-online.co.uk/. Deep-linking to other pages requires Our express written permission. Please contact Us at email@example.com for further information. Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at firstname.lastname@example.org for further information.
You may not link to Our Site from any other site the main content of which contains material that: is sexually explicit; is obscene, deliberately offensive, hateful or otherwise inflammatory; promotes violence; promotes or assists in any form of unlawful activity; discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age; is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; is calculated or is otherwise likely to deceive another person; is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy; misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive.
Links to other web sites.
Links to third party web sites on this site are provided solely as a convenience to you. The inclusion of a link to another site on Our Site does not imply any endorsement of the sites themselves or of those in control of them. If you use these links, you will leave Our site and you do so entirely at your own risk. New Forest Online Ltd has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, New Forest Online Ltd does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites.
We may feature Third Party Advertising on Our Site and We reserve the right to display Third Party Advertising on the same page as any content from any User.You agree that you will not attempt to remove or hide any Third Party Advertising using HTML/CSS or by any other method. We are not responsible for the content of any Third Party Advertising on Our Site. Each Third Party Advertiser is responsible for the content of their own Third Party Advertising material. We will not be responsible for any Third Party Advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.
5. Payment for Services
a. Our charges are displayed on the current price list which we update periodically.
b. Occasionally we will produce different pricing as part of a written proposal, in this circumstance, the additional conditions contained within the proposal supplement those contained herein.
c. Design and build charge is made by invoice once the design and build phase of your order has been completed, it is then subject to 5 (e).
d. You can pay the hosting charges either annually in advance or by standing order, subject to a minimum term of 24 months.
e. All websites hosted by NFOL are subject to a minimum term of 24 months from time of publication, thereafter on a rolling annual renewal.
f. All invoices require full payment within 30 days of date of invoice.
g. If an outstanding customer invoice remains unpaid after 30 days, NFOL reserve the right to remove that customers website and associated information from the internet until payment has been received.
h. Any orders that involve payment made by standing order will have the first payment drawn from their designated account 30 days after date contract signed. Prices and charges are subject to change without notification.
i. All prices are subject to an additional charge at the current rate of value added tax (vat).
a. We are only liable to you as set out in this agreement. We have no other duty or liability to you.
b. We are not liable to you in any way for any loss of income, business or profits, or for any loss or damage that was not reasonably foreseeable at the time you entered this agreement. We are not liable to you in respect of any products or services you order from other companies using NFOL website(s) or the internet as a whole.
c. If you access www.newforest-online.co.uk, you will be able to access web sites and material which we do not control. Therefore we have no responsibility for these sites or their content, or for any services which you obtain from them or through the Internet. Also you, and not us, are responsible for all information that you upload, email or transmit via the Internet whether via an NFOL website(s) or not.
d. We will not be liable to you if we cannot carry out our duties or provide our services because of something beyond our control.
e. This section 6 will apply even after this agreement has ended.
7. When we may suspend or disconnect our services
a. We may suspend our services or disconnect any website or mailbox from the internet without warning if:
i. the server breaks down or needs maintenance. We will try to make sure this does not happen often;
ii. you do not keep to the conditions of this agreement, or any other agreement with us;
iii. you or anyone who works for your company, puts NFOL website(s) at risk, or abuses or threatens our staff;
iv. You do not fulfil 5 (f).
b. We can charge to reconnect you to our services, except where something in 7(a)(i) happens.
8. When the agreement ends
a. We can cancel this agreement immediately if any of the following happens:
i. you break an important condition of this agreement or a number of less important conditions;
ii. you break a less important condition of this agreement and do not put it right within 7 days of us asking you to;
iii. you do not pay a bill on time as described in Section 5(f);
b. You can cancel this agreement at any time after the initial period of 24 months, for any reason.
c. If this agreement is cancelled your website can immediately be removed from the internet.
d. On cancellation of this agreement, if you pay monthly, you must pay everything you owe to NFOL to fulfil 5 (d).
e. the customer requests a transfer of their website from the care of NFOL to a different hosting company at any time. Note: this means NFOL are then no longer liable or responsible for the ongoing management of the website once transfer has been initiated (this includes but not limited to; suplying website files to the new hosting company or updating domain DNS or any other way in which transfer of hosting a website takes place). All plugins and website core files are the full responsability of the site owner. The website subscription including the website files which are hosted on the NFOL server(s) will be deleted within 30 days of sucessful transfer to the new website host.
a. New Forest Online Ltd may revise these terms at any time by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding on you. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this site.
b. English law will apply to this agreement and any disputes will be settled in the courts of Great Britain.
c. If a clause or condition of this agreement is not legally effective, the remainder of this agreement shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is.
d. If, in connection with any of our services, we act as a “data processor” of any information you give us, and you act as a “data controller” (as such terms are defined in the Data Protection Act 1998), we will, in relation to that information: (1) act on your instructions only; and (2) comply with obligations equivalent to those imposed on a data controller by the seventh principle of the Data Protection Act 1998
Note: Anyone linking to the New Forest Online™ web site must comply with the guidelines for linking to New Forest Online™ web site and all applicable laws.
Communications from Us
Information About Us
Our Site(s), https://www.newforest-online.co.uk/ and https://www.newforestonline.biz/ and https://www.beyondtheweb.co.uk are owned and operated by New Forest Online Ltd, a limited company registered in England under 12289524, whose registered address is 36A Station Road, Hampshire, New Milton, BH25 6JX and whose main trading address is Londesborough House, 34-35 High Street, Lymington, Hants SO41 9AF. Our VAT number is GB 335 9893 51.
To contact Us, please email Us at email@example.com or by calling us 01590 688666 or by visiting us at our trading address; Suite 2, 35B High Street, Lymington, Hampshire, SO419AF.