Terms & Conditions
1.1 These Terms and Conditions are a legal agreement between You (“licensee” or “You”) and Nue Design and Construction Ltd registered company number 13449676, We, trading as ‘Nue Design and Build’ and our registered address is 18 Porter Avenue, Kings Hill, ME19 4QN (“licensor”, “we”, “our”, or “us”).
1.2 These Terms and Conditions govern Your use of our services (architectural and construction services), which is accessible by way of the www.nuedesignandbuild.co.uk (“the Website”).
1.3 We agree to provide the Services to You via the Website and by email in accordance with these Terms and Conditions. These Terms and Conditions do not transfer any rights or title in the Services, Website (or anything created by either) to You and we remain the owner at all times.
1.4 We reserve the right to decline the provision of the Services to any user at any time.
2. IMPORTANT NOTICE TO ALL USERS
2.1 WE ADVISE YOU TO PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS.
2.2 By clicking in the box below You agree to be bound by these Terms and Conditions, which will bind You. Please note the limitations of liability set out at clause 11.
2.3 If You do not agree to these Terms and Conditions, we are not able to provide the Services to You and You must discontinue the process now. In this case, the process will end and You will not be able to access or make use of the Services.
2.4 These Terms and Conditions are a legal agreement between us and can only be modified with our written consent. We may change these Terms and Conditions at our discretion by changing them on our website. The current version of these Terms and Conditions as displayed on our Website, will apply.
2.5 Misuse of the Services is prohibited. Please refer to clause 8 for Your obligations in relation to the use of the Services.
3. PROVISON OF THE SERVICES
3.1 We will endeavor to make the Website available to You during Work Hours. We will use reasonable endeavors to ensure that any maintenance to the Website only occurs outside of Working Hours, however, You acknowledge and agree that this may sometimes not be possible.
3.2 You acknowledge and accept that Planning Drawings are provided for planning purposes only and are not to be used for building work or construction use, unless specifically agreed in writing by US. As such, you are advised to check that your chosen contractor is happy with a design concept before it is submitted for a planning application.
3.3 You acknowledge and accept that Construction Drawings (including structural drawings and building regulations drawings) must not be scaled from and all dimensions must be checked on site.
All site works must be to the current drawing version and comply with the current Building Regulations. The owner/contractor must serve the building notice and comply fully in respect of all building regulations. The owner is responsible for compliance with The Party Wall Act 1996.
3.4 We may provide You the contact details of other organisations that You may wish to purchase services or products from. You unreservedly accept that We take no responsibility for any services provided by other organisations and absolutely will not and cannot be held as liable for any damage, harm, or loss caused by them.
4. USING NUE DESIGN AND BUILD
4.1 You warrant and undertake that all information provided by You to us, for the purposes of using the Services, is accurate and complete.
5. INTELLECTUAL PROPERTY
5.1 The copyright and all other Intellectual Property Rights relating to the Logo, vesting in the Website (including all database rights, trademarks, service marks, trading names, text, graphics, code, files and links), the Website and the Drawings belong to us, or our licensor(s).
5.2 Other than the limited licences set out in these Terms and Conditions, nothing shall have the effect of transferring any right title or interest in the Intellectual Property Rights, described at Clause 5.1, to You.
5.3 Without limitation to the rights granted in these Terms and Conditions, the Logo is our registered trade mark. You may not use or copy this or any other logos, brand or trademarks belonging to us without our prior written consent.
5.4 The Website may contain links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties, or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for Your convenience only. We do not recommend any products or services advertised on those websites. If You decide to access any third party website linked from our website, You do so at Your own risk.
6.2 We will comply with the DPA in the manner and for the purposes we process personal data provided by You. For the purposes of the DPA, we shall be the data controller.
6.3 We will use Your Data (and You hereby allow us to do so) to provide the Services. This may include passing Your Data to the person/s and or organization/s working with Us to provide the Services.
6.4 We may disclose Your Data without Your consent in the following circumstances:
6.4.1 To a Third Party Data Provider to the extent necessary to allow the Third Party Data Provider to provide services to us as part of the Services;
6.4.2 if we are requested to do so by a regulatory body, governmental authority or court of competent jurisdiction;
6.4.3 if we are compelled to do so by law; or
6.4.4 if we reasonably believe an emergency, potential illegal activity, or some other reasonable reason exists for doing so.
6.5 You warrant and represent that the information You have provided is, to the best of Your knowledge, accurate and correct and You have received the express written consent from any person or persons, whose information is being added to the Website by You, for us to process their personal data and to use their personal data in the manner set out in this Agreement.
6.6 To the extent that we may incur any loss, damage, costs (including court and other legal costs), or expenses, You shall indemnify us in full and keep us indemnified at all times.
7. YOUR OBLIGATIONS AND CONDUCT
7.1 You warrant and represent that:
7.1.1 The information supplied by You is true, accurate and complete;
7.1.2 You will keep all information provided by us confidential and shall take all reasonable steps to ensure that any such information provided to third parties is also kept confidential. In doing so You shall ensure that such confidential information is kept in a manner no less secure than Your own confidential information;
7.1.3 You will not copy, replicate, or reconstruct (or attempt any of them, or procure a third party to undertake any of them on Your behalf) any aspect of the Website.
8.1 Nothing in these Terms and Conditions will be deemed to exclude our liability to You for death or personal injury arising from our negligence, or any other liability the exclusion or restriction of which is expressly prohibited by law.
8.2 We will have no liability to You in relation to the provision of the Services to You.
8.3 Without prejudice and subject to the foregoing clauses, our total aggregate liability for all claims by You, whether in contract, tort or otherwise for any breach of our obligations under this Agreement, shall not exceed the Charges paid by You in relation to Your purchase of Services.
8.4 Subject to clause 8.1, we shall not be liable to You for any indirect, consequential, special or punitive loss, damage, costs and expenses; together with any directly or indirectly incurred: loss of profit; loss of business; loss of reputation; depletion of goodwill; or loss of, damage to or corruption of data.
8.5 We do not accept financial responsibility for any financial loss incurred as a result of the performance of an organisation associated with the Services.
8.6 We shall have no liability to any third party, unless expressly agreed by us in writing.
9.1 Without prejudice to our other rights and remedies, we may terminate this Agreement for any reason.
9.2 All clauses in the Agreement shall survive termination of expiry of the Agreement.
10. LEGAL JURISDICTION
10.1 English law shall apply to these Terms and Conditions and any non-contractual obligations arising out of or in connections with them. Both parties irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the English courts.
11.1 All notices shall be given:
11.1.1 To us, by recorded post to Nue Design and Construction Ltd, 18 Porter Avenue, Kings Hill, Kent, ME19 4QN; and
11.1.2 to You, by email to the email address that You provide to us at the point of Your registration.
11.2 All notices sent by email will be deemed to have been received on receipt (or, when received on a UK national holiday or on a Saturday or a Sunday, the next working day following the day of receipt).
12. CUSTOMER FEEDBACK AND QUALITY
12.1 We operate a system to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that You make about how we may improve our service. Please email us at firstname.lastname@example.org . We aim to acknowledge all customer feedback.
13.1 If You wish to buy Products via the Service You are required to accept these Terms and Conditions of Sale.
13.2 The languages available for the conclusion of a contract of sale through the Website are: English only.
13.3 We will not be liable for any delay, interruption or failure in performance or our obligations under this Agreement if caused or contributed to by any circumstance which is outside our reasonable control, including (without limitation) war (declared or undeclared), flood, riot, act of god, strike or other labour dispute, suspension or delay of service at public registries, delays or failures by Third Party Data Providers, change in the law, lack of power, or telecommunications failure.
13.4 These Terms and Conditions are the whole agreement between You and us. You acknowledge that You have not entered into this agreement in reliance on any warranty or representation made by us.
13.5 If a court decides that any part of these Terms and Conditions cannot be enforced, that particular part of these Terms will not apply, but the rest of these Terms and Conditions will.
13.6 A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these Terms shall not prevent the exercise of that or any other right.
13.7 You may not assign or transfer any benefit, interest or obligation under these Terms.
13.8 The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
13.9 These Terms and Conditions were last updated on 14 January 2021.