NUCLEAR FOCUS TERMS AND CONDITIONS (effective from 28 January 2021)
PAID SUBSCRIPTION TERMS
Service begins as soon as your initial payment is processed. You’ll be charged the rate stated at the time of purchase, plus applicable taxes (such as value added tax when the stated rate doesn’t include VAT), every month, until you cancel. Because there’s no annual contract, your rate is subject to change, but we’ll always notify you beforehand. You may cancel your monthly subscription to Nuclear Focus at any point prior to your next billing period, no questions asked. “Cancel anytime” means you can turn off the auto-renewal for your subscription whenever you’d like, and if you do so at least 48 hours prior to your renewal date, you will not be charged for subsequent billing periods after that. If you do not cancel at least 48 hours prior to your renewal date, your subscription will be automatically renewed, and we will charge your account using the payment method on file for you. Please note we do not issue refunds for cancellations that are requested after you have been charged. Cancellations can be made any time by contacting firstname.lastname@example.org
Cooling off period: You may cancel within 14 days of the subscription start date and a full refund or credit will be made. Cancellations after 14 days from the subscription start date will be effective from the end of the subscription period then in progress. The full balance owing will be payable.
Failure to Make Payment
Should You fail to make payment within 14 days of the subscription start, or the renewal date, Nuclear Focus reserve the right to suspend the service. This does not remove the entitlement for Nuclear Focus to pursue for the full balance due. The period of suspension of service will not be added to the subscription term or refunded.
This Licence constitutes a legal contract between the organisation (Licensee), as identified on the Order Form and the Licensor (Nuclear Focus) that governs the Licensee’s use of Nuclear Focus’ Subscription Service available at www.nuclearfocus.com.
Upon commencement of the Subscription, Nuclear Focus as Licensor grants the Licensee the right to have one named User (identified by an email address that specifically identifies the User) per account of the Service unless the Licensee’s Subscription explicitly allows multiple Users.
By registering for the Service, You confirm that You have authority to enter into this Agreement on behalf of the Licensee. Should Nuclear Focus suspect that such information is untrue, inaccurate, not current or incomplete, it has the right to suspend or terminate a Licensed User’s usage of the Service. Accounts cannot be shared or used by more than one individual.
You are responsible for all usage or activity on the Service. Distribution of Your password to others for access to the Service is expressly prohibited and shall constitute a breach of these Terms.
The Licensee may not use, copy, modify, adapt, translate, reverse engineer, decompile or disassemble the Service, except as permitted hereunder or to the extent such acts may not be prohibited by law in the country of use or create derivative works based on the Service. All rights not expressly granted are reserved by Nuclear Focus.
Nuclear Focus reserves the right to amend the Terms and Conditions at any time. Such changes will be effective following posting of the amended version on the site. It is the Licensee’s responsibility to review the Terms and Conditions regularly to ensure the Licensee is aware of the latest Terms and Conditions. Continued use of the Service will constitute acceptance of the modified Terms and Conditions. If the Licensee does not agree to any changes to these Terms and Conditions, then the Licensee’s only remedy is to cease using the Service.
If the Licensee does not agree to or cannot comply with these terms, the Licensee must stop using the Service and, if applicable, cancel the Subscription.
Nuclear Focus is a tender alert service available each working day (excluding bank holidays), that provides access to contract information based upon your online profile. As a Nuclear Focus User you will also receive access to the Nuclear Focus online portal where You may tailor Your email alert profile to Your specific business interests. If You complete your email alert profile, You will receive email alerts when tender opportunities matching your interests, have been added to the site.
If Nuclear Focus receives from You a written request to stop sending email alerts as part of the Service, Nuclear Focus will do so. Should You elect to submit such a request, You understand that Nuclear Focus’ subsequent agreement to stop sending alerts shall in no way be considered a breach of contract between Nuclear Focus and Your organisation, and as such the contract shall remain fully in force and legally binding.
You acknowledge that this Licence is granted solely to You as a named user on behalf of the organisation identified on the registration form and neither this Licence nor the Service may be transferred, sub-licensed or otherwise assigned. Any export of the Service is subject to the requirements and restrictions of applicable laws and regulations. You may configure the Service for Your own use provided it is in support of Your Authorised Use. You agree that You will not allow others to use Your user name, password and/or account and You are responsible for maintaining the confidentiality and security of Your account. You agree to notify Nuclear Focus immediately of any unauthorised use of Your password and/or account. Nuclear Focus shall not be responsible for any losses arising out of the unauthorised use of Your user name, password or account and You agree to indemnify and hold harmless Nuclear Focus for any improper, unauthorised or illegal uses of the same.
You shall not copy, use, modify, transmit, distribute, reverse engineer, or in any way exploit copyrighted or proprietary materials available on this site, except as expressly permitted by Nuclear Focus. Exporting, or extracting Nuclear Focus data from this website into other databases is expressly prohibited as is the reselling of Nuclear Focus information. All trademarks, service marks, and trade names in this site are the marks of the respective owner(s), and any unauthorised use thereof is strictly prohibited. Nuclear Focus shall not be liable for any errors, inaccuracies or delays in content, or for any actions taken in reliance thereon. Nuclear Focus expressly disclaims all warranties, expressed or implied, as to the accuracy of any the content provided, or as to the fitness of the information for any purpose.
LICENSEE’S USE OF NUCLEAR FOCUS WEBSITE AND WEB-BASED ELEMENTS OF THE SERVICE
You may not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of any Nuclear Focus website, the Service or any Materials or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Nuclear Focus reserves the right to bar any such activity, including via software and other electronic means.
You may not attempt to gain unauthorised access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Nuclear Focus server, or to any of the services offered on or through any Nuclear Focus websites, by hacking, password ‘mining’ or any other illegitimate means.
You may not probe, scan or test the vulnerability of any Nuclear Focus websites, and/or the Service or any connected network, nor breach any of Nuclear Focus’s security or authentication measures. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to any Nuclear Focus website or the Services, or exploit the Service or any service or information made available or offered by or through Nuclear Focus’s website, in any way where the purpose is to reveal any third party information. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Nuclear Focus’s websites, Service or other systems. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service. You agree that You will not make or attempt any denial of service attacks against Nuclear Focus.
LINKS TO THIRD PARTY SITES
The Service may present links to third party websites not owned or operated by Nuclear Focus. Nuclear Focus is not responsible for the availability of these sites or their content. You agree that Nuclear Focus is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any content of any such site or goods or services available through any such site.
PROMOTIONS AND ADVERTISING
Nuclear Focus may present advertisements or promotional materials on or through the Service and on the Nuclear Focus website. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions by any third party advertisers on or through the Service are solely between You and such third party. You agree that Nuclear Focus shall not be responsible or liable for any loss or damage of any kind incurred by You as the result of any such dealings or as the result of the presence of such third parties on the Service
CONSEQUENCES OF BREACH OF THESE TERMS
In the event that Nuclear Focus considers or determines, in their complete discretion, that You have breached, violated or contravened any provision of this Agreement or has otherwise demonstrated inappropriate conduct in the use of the Service, Nuclear Focus reserve the absolute right, at its sole discretion to:
Warn You that You have violated the Licence and ask You to discontinue such conduct; and/or
Discontinue Your membership of the Service and / or any other related services, including paid for content / features
Take measures (including terminating, suspending or restricting Your use of the Service) to prevent You from using the Service or linking to or accessing the website; and/or
Terminate this Licence with immediate effect.
If Nuclear Focus terminates this Agreement or suspends Your account for any of the reasons set forth in this Agreement, Nuclear Focus shall have no liability or responsibility to You, and Nuclear Focus will not refund any amounts that You have previously paid.
INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
If Nuclear Focus receives a notice alleging that You have engaged in behaviour that infringes Nuclear Focus’ or any other party’s intellectual property rights, or reasonably suspects the same, Nuclear Focus may suspend or terminate Your account without notice to You. If Nuclear Focus suspends or terminates Your account under this paragraph, it shall have no liability or responsibility to You, including for any amounts that You have previously paid.
PATENTS AND TRADE MARKS
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of Nuclear Focus and/or its affiliates. You may not copy, display or use any of these marks without prior written permission of the relevant owner. The Service and/or portions of the Service may be protected under patent law and may be the subject of issued patents and/or pending patent applications.
MODIFICATIONS TO SERVICE
Nuclear Focus reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to You, without any liability to You or to any third party.
Nuclear Focus reserves the right to vary the free and paid-for content/features of the Service and does not guarantee that the content/features of the Service provided free of charge will remain free of charge and does not guarantee that the content /features of the Service provided subject to payment will remain a paid-for service.
Nuclear Focus will use reasonable endeavours to make the Service available 24 hours a day during Your Subscription Period. However, Nuclear Focus will not be liable if for any reason the Service is not available at any particular time or for any reasonable period.
END USER REMEDIES
Nuclear Focus’ entire liability and Your exclusive remedy in the event that a valid claim is made by You to Nuclear Focus within the terms of the aforesaid warranty shall be, at Nuclear Focus’ option, the repair, reinstatement or replacement of the Service within a reasonable time.
If any provision of this Licence is judged to be illegal or unenforceable by a court of competent jurisdiction, the remainder of the provisions of the Licence shall continue in full force and effect.
NO OTHER WARRANTIES
Nuclear Focus and its licensors disclaim all other conditions or warranties express or implied, statutory or otherwise which are hereby expressly excluded to the extent permitted by law. For the avoidance of doubt, neither Nuclear Focus nor its licensors warrant the quality or accuracy of any information or documentation resulting from or transmitted using the Service. There is no warranty by Nuclear Focus or any other party or person that the functions contained in the Service will meet Your requirement or that the operation of the Service will be uninterrupted or error free. You assume all responsibility for the selection of the Service to achieve Your intended results, and for the installation use and results obtained from it.
NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL LOSS
Neither Nuclear Focus nor its licensors shall be liable for any indirect, special or consequential loss, loss of profits, loss of revenue, loss of business, loss of use, loss of contracts, loss of anticipated savings or for any indirect economic or financial loss whatsoever and howsoever suffered, even if Nuclear Focus has been advised of the possibility of such damages.
Nothing in this Licence shall exclude or limit Nuclear Focus’s liability for death or personal injury or any other liability that cannot be lawfully excluded under any applicable law.
Nuclear Focus will not be liable for any delay in performing or failure to perform its obligations under this Licence due to any cause outside Nuclear Focus’s reasonable control. Such delay or failure shall not constitute a breach of this Licence and the time for performance of the affected obligation shall be extended by such period as is reasonable.
LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and any disputes shall be subject to the jurisdiction of the courts of England and Wales, unless otherwise submitted by Nuclear Focus.
PRIVACY AND COOKIES