Niche Communications

TERMS & CONDITIONS

Welcome to the website’s Terms and Conditions for use

These Terms and Conditions apply to the use of this Website.
By accessing this Website and/or placing an order, you agree to be bound by these Terms and Conditions.
Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this Website.

The Website is operated by:
Niche Communications is the trading name of West Surrey Homes Ltd
West Surrey Homes Limited's company number is 02697850 
West Surrey Homes Limited's VAT registration number is GB591 8811 08 
West Surrey Homes Limited's contact telephone number is 0118 977 0690 
The copyright for this website is owned by Radweb Ltd a company whose trading address is 227A West Street, Fareham, PO16 0HZ, UK. Company No. 6057546.

1
Introduction

1.1
You will be unable to access many areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.2
We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

2
Ordering From Us

2.1
You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.

2.2
Our acceptance of an order takes place when we acknowledge the order. We will send you an acknowledgment confirmation by email. When we acknowledge the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.

2.3
We may refuse to accept an order:

(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.

2.4
A £0.00 and a 3% credit card processing fee will be added to all orders paid with by credit card

2.5
A £0.00 and a 0% debit card processing fee will be added to all orders paid with by debit card

2.6
There is no fee for payment by cheque or interbank transfers

2.7
Orders placed will delivered electronically to your online account in the format of a PDF; where a printed copy has also been requested this will be sent to the address details held on your account

2.8
Orders placed incorrectly and/or without subsequent cancellation or amendment will be carried out as per instruction and invoiced accordingly.

2.8.1
In the event that a confirmed Inventory order is carried out and the property differs from the order in terms of the level of furnishing, the additional charge(s) will be invoiced accordingly.

3
Pricing

3.1
All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.

3.2
Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.

3.3
Our prices are reviewed periodically and the next review will be on 30th June 2015.

3.4
All Non domestic energy certificates are exclusive of VAT.

3.5
Commercial energy certificate prices are quoted based on the information given to Niche Communications by the client/other in relation to the property size and systems. Should Niche Communications be instructed to carry out the order and find that the size/systems differ to those given an additional fee will be charged to the client/other who placed the initial order; this is to cover any additional cost.

3.6
Commercial EPCs fall into three levels of assessment Level 3, Level 4 and Level 5. In the event the assessment falls into a Level 4/5 assessment Niche Communications will sub contract this work to a third party. Prices will differ when a level 4/5 commercial EPC is required. The Level of commercial EPC certificate is dependent on the systems present at the property.

3.7
All Floor plan ( RICS Compliant) prices shown when placing an order are based on a Gross External Area of up to 2000 sqft. If the property is larger than this then an additional 2.5 pence per SQFT thereafter is charged (unless agreed otherwise with Ryan Bhambra).

4
Cancellation and Returns Policy

4.1
If you wish to cancel your order you must;

4.1.1
notify us by email that you wish to cancel the order;
or
4.1.2
log into the website and use the messaging system to inform us of your wish to cancel the order;
  In order to receive full refunds 4.1.1 or 4.1.2 must be completed within 1 hour of placing the order. After this time The Company reserves the right to charge you for costs incurred from our suppliers.

4.2
Please note that once you have received the products you shall not be entitled to a refund, as our products will be personalised for you. The provisions of this clause do not affect your statutory rights. Cancellation and Returns Policy – Inventory Specific

4.3
Clauses 4.1, 4.1.1, 4.1.2 and 4.2 do not relate, or apply to our Inventory service and/or Inventory products.

4.4
If you wish to cancel your inventory order you must;

4.4.1
Notify us by email that you wish to cancel the order;
or
4.4.2
Log into the website and use the messaging system to inform us of your wish to cancel the order; In order to receive full refunds, 4.4.1 or 4.4.2 must be completed with a minimum of 24 hours notice prior to an agreed date and time of appointment.

4.4.3
Where 4.4.1 or 4.4.2 are completed with between 12 - 24 hours notice prior to an agreed date and time of appointment, the Company reserves the right to charge you 50% of the appointment charge.

4.4.4
Where 4.4.1 or 4.4.2 are completed with less than 12 hours notice prior to an agreed date and time of appointment, the Company reserves the right to charge you 75% of the appointment charge.

4.5
Please note that once an appointment has occurred you shall not be entitled to a refund, as our products will be personalised for you. The provisions of this clause do not affect your statutory rights.

4.6
If we are unable to gain access to a property for reasons stated in clause 4.6.1, the Company reserves the right to charge you 100% of the appointment charge, with no obligation to carry out the appointment at a later date.

4.6.1
Access denied by an occupant, landlord or agent; Key holder not being present as arranged; Cancellation at time of appointment.

4.7
Where an appointment is delayed by the client or their client(s) for any reason beyond the control of the Assessor or the Company, the Company reserves the right to apply charges of £15.00 for each and every subsequent 0-30 minutes of waiting time after the agreed time of appointment.

4.7.1
Where an appointment is delayed as detailed in clause 4.7 and the Assessor is unable to accommodate further time beyond the original agreed order, the Company reserves the right to refuse the appointment and 100% of the appointment charge will be invoiced.

5
License

5.1
You are permitted to print and download extracts from this Website for your own use on the following basis:

(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.

5.2
Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

5.3
Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

5.4
Any rights not expressly granted in these terms are reserved.

6
Service Access

6.1
While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

6.2
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

7
Visitor Material and Conduct

7.1
Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

7.2
You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

7.3
You may not misuse the Website (including, without limitation, by hacking).

7.4
We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.

8
Links To and From Other Websites

8.1
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

8.2
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of our logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any trademarks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

  We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.

8.3
You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.

9
Registration

9.1
To register you must be over eighteen years of age.

9.2
Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

9.3
Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

9.4
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

10
Disclaimer

10.1
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

10.2
The material on this Website is provided, as is, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

11
Liability

11.1
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

11.2
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

11.3
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

11.4
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

11.5
For orders made via this web-site the Seller will not be liable to the Buyer in contract, tort (including, but not limited to negligence), misrepresentation or otherwise for any economic loss of any kind (including, but not limited to loss of profit, business, goodwill, contracts, revenue or anticipated savings), any damage to the Buyers reputation or goodwill, any product recall costs or any other special, indirect or consequential loss (whatsoever or howsoever caused) which arise out of or in connection with the contract.

11.6
For orders made via this web-site the Seller will not be liable to the Buyer in contract, tort (including, but not limited to negligence), misrepresentation or otherwise for any economic loss of any kind (including, but not limited to loss of profit, business, goodwill, contracts, revenue or anticipated savings), any damage to the Buyers reputation or goodwill, any product recall costs or any other special, indirect or consequential loss (whatsoever or howsoever caused) which arise out of or in connection with the contract.

11.7
Whilst every attempt has been made to ensure the accuracy of our floor plans, measurements of doors, windows and rooms are approximate and no responsibility is taken for any error, omission or misstatement. The floor plans we produce are for representation purposes only as defined by RICS Code of Measuring Practice and should be used as such by any prospective purchaser. Specifically no guarantee is given on the total square footage of the property if quoted on our plans. Any figure given is for initial guidance only and should not be relied on as a basis of valuation.

12
Governing Law and Jurisdiction

12.1
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

12.2
We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

13
Miscellaneous

13.1
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

13.2
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

13.3
Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

13.4
All images supplied by Niche Communications are subject to copyright designs and patents act 1988 and remain the property of Niche Communications at all times.
No images may be downloaded or used without express permission from Niche Communications for any purpose whatsoever.