Definitions and Scope
These are the conditions of the contract between you , the client (referred to as "you" and "your") and New View Market Services Ltd ("New View", "we", "us" and "our") governing the use of our Reports and Services purchased either online through the newviewmarkets.com website or directly commissioned by you from us.
Orders for goods and services provided by New View, either by the online ordering form or by Purchase Order, are only binding when accepted by New View. You may not cancel or amend the Purchase Order without our prior written consent. We shall assume that any person placing an order with us is authorised to do so by you, and that they can bind you legally,
The Intellectual Property Right (IPR) relating to the product or service delivered belongs to New View, you obtain no ownership rights
Grant of Licence
New view grants you a non-transferable, non-exclusive licence to use the reports provided by us. The product can only be used for your commercial interests in accordance with this agreement and you shall not, without prior written consent, make available, copy, reproduce, retransmit, disseminate, sell, licence, distribute, publish or circulate the report (s), or any part thereof, purchased by you to any 3rd person other than in accordance with these terms and conditions. You also undertake that you will comply with all applicable laws and regulations and not use the report(s) for any improper or unlawful purposes.
The reports provided to by New View are done so under a single user licence. Additional user licences can be purchased on request. You warrant that you will take all reasonable precautions to ensure that licences are not breached and agree any such breach may cause us irreparable damage. New View reserves the right to charge additional fees for unauthorised usage.
Fees and Payment Terms
Payment is due within 30 days of delivery of products and/or services delivered to you. An invoice will be sent (including VAT if appropriate) for fees due at the same time as delivery. Accounts not settled within 30 days will be charged at a rate of 3% above the prevailing Barclays Bank base rate. Compensation for debt recovery costs pursuant to the provisions of The Late Payment of Commercial Debts (Interest) Act 1998 (as amended and supplemented by The Late Payment of Commercial Debts Regulations 2002). Interest will be calculated daily form the due date to the payment date.
In the event of any error in reports provided to you we will use our best endeavours to rectify the error at our expense, but will not be held liable for any consequences of the error beyond provision of corrections. Not liability is accepted for claim losses costs or damages (including without limitation damages or consequential loss of loss of business opportunities and/ or profits) arising from the use of data/information provided by New View. This includes both from free and fee bearing products/services delivered by us.
New View shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labour disputes, embargoes, government orders or any other force majeure event.
Rights assigned under this agreement cannot be resold, re-assigned or transferred without consent. Under the Contracts (Rights and Third Parties) Act 1999 a person or organisation who is not a party to the agreement to rely on, or enforce any terms of this agreement.
This agreement is governed by English law and each party agrees that the courts of England will have non-exclusive jurisdiction to deal with any disputes arising out of or in connection with this agreement. Changes to this contract can only be made in writing. Printed terms and conditions in any additional documents issued by you or your agent will not be recognised as binding.
Special Terms may apply when New View Markets are delivering a bespoke Project, and where we are proposing a strategy for an organisation to follow. This includes Marketing Plans, Go-To-Market Strategies and Activities (henceforth referred to as "the plan". The reason for this is simple. On many an occasion, a Strategy/Activity Plan has been delivered to a company, only for that organisation to take it and then deliver to the plan themselves. Considerable resource is put into the preparation of the plan, which is detailed, and we need to protect our IPR.
The cost of delivering the plan is set at £650 (ex VAT), payable 30 days from the date of delivery of the plan to the client. If the client then decides to proceed with us to execute on that plan that £650 (ex VAT) fee will be reduced by 50%, and be refunded to the client - either by way of a reduction in the fee agreed for project delivery OR by way of cash/cheque/transfer within 30 days of written notice of the client agreeing to proceed on plan execution,