Nomify | Our Terms & Conditions

Terms & Conditions

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The Company: Redbeck Ltd (Trading as Nomify)

All Redbeck Ltd products and services are provided to you under the terms and conditions as laid out in this document. By completing the registration process, using any of our group sites or signing these documents, you are stating that you have read and understood the terms of service, indicating your agreement to be bound by all the terms and conditions of Redbeck Ltd.

Redbeck Ltd provides software services that use web hosting. Redbeck Ltd reserves the right to suspend or cancel a customer's access to any or all services provided by Redbeck Ltd when Redbeck Ltd decides that the account has been inappropriately used or otherwise.

1. Definitions

For purposes of these Terms and Conditions, the terms below shall have the meanings defined below.
(a) “Client Content” means any data, information, trademarks, logos, files, images, text or other content that may be provided by Client or its authorized users for use in conjunction with the Software or Services.
(b) “SaaS” means software as a service. Software relates to our intellectual software and any third party software we use to provide the service.
(c) “Services” means the hosting, maintenance, support, email and other services provided by Redbeck Ltd pursuant to these Terms and Conditions.
(d) “Software and Services” means a combination of both Software as defined in (b) “SaaS” and Services as defined in (c) “Services”.
(d) “Client” means the individual or company licensed to use the software and services.

2. Description of Service

Redbeck Ltd provides software and world wide web hosting services and products to allow businesses to trade online. It is provided on a Software as a Service (“SaaS”) basis only. Your use of Redbeck Ltd products and services carries with it no rights in relation to copyright, trademarks or other intellectual property rights in Redbeck Ltd. It is the clients responsibility to a) provide all equipment, including computer and modem, necessary for connection to the internet, and b) pay all connection and telephone charges that arise from the use of the internet.

3. Licence

Redbeck Ltd grants to the Client, and Client accepts, a nontransferable, nonexclusive license and right to:-

(a) access the Software via the Internet and use the Software and the User Documentation only as authorised in these Terms and Conditions, for its own purpose and operations, during the SaaS Term.

(b) Client acknowledges that its access and use of the Software will be web-based only. The Software will not be provided to client in CD-ROM form (or any other form of media) and will not be installed on any servers or other computer equipment owned or otherwise controlled by Subscriber. Instead, the Software will be hosted by Redbeck Ltd and accessed and used by Subscriber through the use of the Internet and Subscriber’s computers.

4. Access

Redbeck Ltd will make the Software available for Client’s use during the SaaS Term on Client’s computer systems that meet the Redbeck Ltd System Recommendations.

Redbeck Ltd will provide Client with secure access to the latest supported version of the Software via the Internet on a 24x7 basis (excludes scheduled downtime), except for scheduled system back-up or other on-going maintenance as required and scheduled in advance by Redbeck Ltd.

5. Payment Policies

All accounts are set up on a prepay basis. Although Redbeck Ltd reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year, semi-annually, quarter or month following the date the account was established. Client will be invoiced at the start of each billing period unless closure notification has already been given in writing to email@redbeck.co.uk before the renewal invoice due date is generated. Redbeck Ltd will automatically suspend services if invoices are 40 days or more overdue. The customer is responsible for all money owed on the account from the time it was established to the time that the client sends a written cancellation request. If an invoice is 40 days or more overdue, we will automatically add a late fee of £10 + VAT to all outstanding invoices, an account will not be unsuspended, if it has been suspended, until all outstanding monies, including the late fee, are paid in full. All payment is in UK sterling.

6. Cancellation and Refunds

Redbeck Ltd reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes Redbeck Ltd' terms of service a refund will not be issued in the event of a cancellation. Client may cancel their account at any time unless a specified contract has been agreed by the client. Any incentives offered to customers when opening the account will also be cancelled. Client may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation. Fees charged on a prepay basis are non-refundable.

7. Service Amendments

Redbeck Ltd reserves the right to make amendments or modifications to the service without notice to any member of the third party.

8. Client Responsibilities

Client will retain responsibility for administering security within the Redbeck Ltd applications (e.g., the granting of rights to a user for a specific form in the application). Client is responsible for maintaining its user desktops and providing users network access to the Software.

Client is also responsible for ensuring that its users comply with these Terms and Conditions with respect to use of the Software and Services. Client shall provide connectivity and security to the Internet for its location(s) for purposes of providing adequate access to Software hosted at the Redbeck Ltd Hosting Site.

Redbeck Ltd shall not be responsible for the reliability or continued availability of the communications lines, or the corresponding security configurations, used by Client in accessing the Internet to access the Software. Client shall provide adequate industry “best practice” standards to ensure reasonable security for integration between applications at the Client site and Software hosted by Redbeck Ltd. Client shall provide accurate input information in the manner reasonably prescribed by Redbeck Ltd in connection with the Software and Services provided under these Terms and Conditions.

Client shall advise Redbeck Ltd of any changes to Client’s operations, banking relationships, Primary Contact, or other information that would require a change in the support, operation, or configuration of the hosted Software. Client shall configure necessary user accounts via the administrator account provided by Redbeck Ltd. Client shall be responsible for establishing any merchant accounts necessary for credit card transactions, if applicable. Client shall be responsible for ensuring that any Client Content is accurate, not corrupt in any way, and does not contain any viruses.

9. Intellectual Property

Client agrees that the Software and Services are proprietary products and services and that all right, title and interest in and to the Software and Services, including all associated intellectual property rights, are and shall at all times remain with Redbeck Ltd and its third party licensors. The Software contains trade secret and proprietary information owned by Redbeck Ltd or its third party licensors and is protected by United Kingdom copyright laws and international trade provisions.

(a) Client must treat the Software like any other copyrighted material and Client may not copy or distribute the Software electronically or otherwise, for any purpose.

(b) Client hereby grants to Redbeck Ltd a non exclusive right to use all Client Content as necessary solely for the purposes of providing the Software and Services to Client and its authorised users pursuant to these Terms and Conditions.

10. Server Restrictions

Personal accounts are to be used by the primary owner only. Personal account holders are not permitted resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads. Redbeck Ltd reserves the right to refuse service and /or access to its servers to anyone.

Redbeck Ltd do not allow any of the following content to be stored on its servers:

(a) Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.

(b) Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Redbeck Ltd.

(c) Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

11. High Resource User Policy

Resources are defined as bandwidth and/or processor utilisation. Redbeck Ltd may implement the following policy to its sole discretion: When a website is found to be monopolising the resources available Redbeck Ltd reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Client may be offered an option whereby Redbeck Ltd continues hosting the website for an additional fee.

12. Other Restrictions

Use of the Software and Services is restricted to use by the specific licensing entity only, and only for Client’s internal business purposes.

(a) Client may not use the Software for the benefit of any third parties or provide service bureau or other access or use of the Software to third parties.

(b) Client may not, directly or indirectly, sub license, assign, transfer, sell, rent, lend, lease or otherwise provide the Software, Services (or any portion thereof, including without limitation any capacity) or any portions thereof, to any third party, and any attempt to do so is null and void.

(c) Client may not reverse engineer, disassemble, decompile or make any attempt to ascertain, derive or obtain the source code for the Software. Software and Client Content shall not be used for any commercial purpose beyond the functionality driven by the Software.

(d) Client will not use the Software or Services to take any actions that (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libellous, threatening, harassing, or obscene; or (iv) constitute unauthorized entry to any machine accessible via the network.

(e) Client shall not interfere with or disrupt network users, services or equipment with the intent to cause an excessive or disproportionate load on Redbeck Ltd’s or its suppliers’ infrastructure by means of (but not limited to) distribution of unsolicited bulk emails or chain letters, viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines. Client will comply with the usage policies of Redbeck Ltd’s suppliers. Redbeck Ltd may, in its discretion, revise these service use restrictions upon thirty (30) days’ prior notice to Client..

(f) If ordering a JLT Reseller: X2tek website, the client shall accept that they cannot upload products from the website to Google Base as it violates their terms and conditions. The Client also accepts that all product detail pages are not to be indexed in Google search results as per our guidelines noted in the JLT Reseller signup information.

13. Indemnification

Client agrees that it shall defend, indemnify, save and hold Redbeck Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Redbeck Ltd, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Redbeck Ltd against liabilities arising out of;

(a) any injury to person or property caused by any products sold or otherwise distributed in connection with Redbeck Ltd's server;

(b) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party;

(c) copyright infringement and

(d) any defective products sold to customer from Redbeck Ltd' server.

14. Warranties

14.1 Mutual Warranties.

Each party warrants that (i) it has the right and power to enter into these Terms and Conditions, and (ii) it will comply with any applicable laws and regulations pertaining to these Terms and Conditions.

14.2 Redbeck Ltd Limited Warranty.

(a) Software:- For a period of thirty (30) days from the Commencement Date (the “Warranty Period”), Redbeck Ltd warrants that the Software will perform substantially in accordance with the functional specifications outlined in the product description (the “Software Warranty”).

(b) Services:- Redbeck Ltd warrants that the Services will be performed in a professional and workmanlike manner in accordance with recognised industry standards.

14.3 Remedies.

If during the Warranty Period the Software fails to comply with the Software Warranty set forth above, Redbeck Ltd's entire liability and Client’s exclusive remedy will be either a) repair or replacement of the Software, or if in Redbeck Ltd’s opinion such repair or replacement is not possible, then b) termination of the SaaS Term and a refund of the Subscription Fees paid for the Software. This limited warranty is void if failure of the Software has resulted from accident, abuse, misuse or negligence of any kind in the use, handling or operation of the Software, including any use not consistent with the User

Documentation or Redbeck Ltd training. Redbeck Ltd's entire liability and Client’s exclusive remedy for any breach of warranty with respect to the Services as described above shall be Redbeck Ltd repeating the Services performed.

14.4 Disclaimers.

Any written or oral information or representations provided by Redbeck Ltd agents, employees, resellers, consultants or service providers with respect to the use or operation of the Software will in no way increase the scope of Redbeck Ltd’s warranty. Redbeck Ltd and its suppliers exercise no control whatsoever over the content of the information passing through their systems. Client and users must exercise their own due diligence before distributing and/or relying on information available on the Internet, and must determine that they have all necessary rights to copy, publish, or otherwise distribute such information under copyright and other applicable laws.

Neither Redbeck Ltd nor its suppliers will be liable for any consequences of providing email services, including those suffered as a result of delivering or accessing information or content, such as accessing information with offensive, inaccurate or inappropriate content, the possibility of contracting computer viruses, or unauthorized access to or alteration, theft, or destruction of any data, files, programs, procedures, or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of Redbeck Ltd’ or its suppliers’ negligence.

REDBECK LTD DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY CLIENT IN USING THE SOFTWARE, OR THAT THE SOFTWARE WILL MEET CLIENT’S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, REDBECK LTD EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (BY ANY TERRITORY OR JURISDICTION) TO THE EXTENT PERMITTED BY LAW, AND FURTHER REDBECK LTD EXPRESSLY EXCLUDES ANY WARRANTY OF NONINFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY TO THE EXTENT PERMITTED BY LAW.

15. General

If a court or other competent authority holds any of these Terms to be void or unenforceable in whole or part, the other Terms and the remainder of the affected Terms shall continue to be valid.

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