TERMS & CONDITIONS

1. ACCEPTANCE AND AMENDMENT
   • These Conditions shall apply to all tenders, offers, quotations, acceptances, agreements and deliveries relating to the use of any of the “Next Up Local” websites and the Subscriber shall be deemed to assent thereto.

• No other conditions or modifications of these Conditions shall be binding on Next Up Local (“NUL”) unless NUL agrees thereto in writing making express reference as to the amendment of these Conditions.

• By using NUL, including browsing the website, Subscribers and Customers are bound by these terms and conditions of use.

• Customers accept that NUL provides a marketplace for Customers to purchase items from Subscribers who advertise on the website. Customers acknowledge that they ae not purchasing from NUL, and are bound by each Subscriber’s own processing and delivery times and terms and conditions of sale.

• NUL cannot cancel orders made. Only Subscribers can cancel orders once made.

• Returns must be made according to the policy of individual Subscribers. NUL has no involvement in the processing of any item or service purchased.

2. DEFINITIONS AND INTERPRETATION

2.1       In these Conditions:

‘company’ means Next Up Local (“NUL”)

‘website” means the Next Up Local website for the locality the subscriber has subscribed to

‘contract’ means the contract for the sale and purchase of the service (in which these Conditions apply)

‘services’ means the provision of webspace to Subscribers to advertise their products

‘subscriber’ means the person, firm or company paying a periodic subscription to advertise on the website

‘customer’ means that person, firm or company using the web based services to find information about companies, people and products advertised thereon by subscribers

‘subscription fees’ means the fees paid by subscribers for a given period of presence on the website

‘renewal subscription fees’ means the fee for the period

‘commission’ means the charge of 10p plus 1% to each sale achieved through the website

‘Stripe fees’ means the sum of 20p plus the daily Stripe rate found at [LINK]

2.2       Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

3. SUBSCRIPTIONS

3.1        Subscribers shall pay the Subscription Fee quoted by NUL to advertise on the website for the period agreed. The Renewal Subscription Fee for the next period will become payable 48 hours before the expiry of the preceding period failing which the website presence will be removed at the end of the period.

3.2        No subscription which has been accepted by NUL may be cancelled by the Subscriber except with the agreement in writing of NUL and on terms that the Subscriber shall indemnify NUL in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by NUL as a result of cancellation.

3.2        Subscription fees are paid on a non-refundable basis.

4. FEES & COMMISSIONS

4.1      Purchases are made through Next Up Local websites. Each purchase attracts a commission of 10p non refundable administration fee plus 1% of the cost of sale.

4.2      In the event of a refund processed to a customer, the 10p shall not be refunded and the 1% charge will be refunded.

4.3      Purchases via Stripe attract a non refundable administration fee of 20p plus a percentage of the cost of sale (currently 1.5%) as defined by the following table which might change from day to day and is set by Stripe. In the event of a refund the 20p will not be refundable and the percentage of the cost of sale will be refunded by Stripe.

4.4      After an order has become binding on the Company, all prices will have V.A.T. added at the appropriate rate and are subject to increase to reflect increases from time to time of any tax, duty, fee or charge imposed by any government or other authority prior to delivery of service.

5. PAYMENT

 5.1       If the Subscriber defaults in any payment NUL may suspend work, delay or withhold delivery or cancel the Contract or suspend work or remove web presence of the Subscriber, and retain any progress payments or payments on account already received.

5.2       The Company reserves the right to charge interest at an annual rate of three per cent above the base rate from time to time of {BANK} on all overdue monies.

6. SUBSCRIBER’S OBLIGATIONS

6.1       The Subscriber will examine the online listing carefully within 3 days of posting online and notify NUL in writing within 2 days of listing of any error in quantity or quality or description of the Subscriber for which NUL has control.

6.2       The Subscriber will ensure that any media which is posted or played on its listing, including video, visual or audio, is broadcast with any applicable licence and will indemnify NUL against any charges or fees or costs or litigation in relation to the Subscriber’s broadcast of such media.

6.3       The Subscriber will not post any content which is offensive, derogatory or is in breach of the Equality Act 2010. Specifically there will be no content or items for sale which are directly or indirectly discriminatory in respect of age, sex, race, sexual orientation, religion or belief. NUL shall have sole discretion over whether any such content is in breach of the Act, and if it deems it is the Subscriber will be removed from the website and the subscription terminated forthwith.

6.4       The Subscriber shall indemnify NUL in respect of any claims, costs and expenses arising out of any illegal or libellous matter printed or handled for the Subscriber or any infringement of any copyright, patent, design, trade mark or other industrial or intellectual property rights.

6.5       The Subscriber shall promptly inform NUL as soon as it becomes aware of any claim by a third party that any content is of an illegal or libellous nature or infringes any copyright, patent, design, trade mark or other industrial or intellectual property rights.

7. WARRANTIES AND LIABILITY

7.1       Subject to the terms and conditions set out in this Condition 7, NUL warrants to the Customer that the services will correspond with the specification provided to NUL at the time of delivery.

7.2       The warranty in Condition 7.1 above is given by NUL subject to the following conditions:-

(i)  NUL shall be under no liability in respect of any defect in the online content unless the Subscriber notifies NUL of such defect or failure giving full details of the alleged defect(s) or failure(s);

(ii)  NUL shall be under no liability under such warranty (or any other warranty, condition or guarantee) if the total price for the services has not been paid by the due date for payment;

(iii)  NUL shall not be responsible for any variations between website content and services provided by Subscribers to the public;

(iv)  NUL hosts the content of Subscribers. No visitor to the website shall have any right against NUL whatsoever, and Subscribers will bear the liability for their own content;

(vi) the Company shall be under no liability in respect of any defect in any product supplied by the Subscriber.

            7.3       Subject as expressly provided in these Conditions all warranties, conditions or other terms implied by law are excluded to the fullest extent permitted by law.

7.4      Where work of a digital nature is undertaken the Company cannot be held responsible for breach of any third party’s copyright or disk corruption.

7.5      Customers understand that NUL does not manufacture, store or inspect any items sold through its services, and release NUL from any claim related to items sold through its services.

8. COPYRIGHT

8.1       Copyright in all typographical arrangements, artwork, samples or designs, digital or otherwise, prepared by NUL in marketing, digitally or otherwise, shall remain vested in NUL unless otherwise agreed in writing by an authorised representative of NUL.

9. INSOLVENCY OF THE SUBSCRIBER

9.1 This Condition applies if:

(i)         the Subscriber makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or

 (ii)       an encumbrance takes possession of, or a receiver is appointed in respect of any of the property or assets of the Subscriber; or

 (iii)      the Subscriber ceases, or threatens to cease, to carry on business; or

 (iv)  NUL reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.

9.2       If this Condition applies then, without prejudice to any other right or remedy available to NUL, NUL shall be entitled to suspend services to the Subscriber, and sales have been made but not the subscription not paid, those fees shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

10. PRIVACY

10.1     NUL and Sellers may store personal information about visitors to the NUL website and interactions made between Customer and Seller. This will be used for training and monitoring purposes, and may be used for marketing purposes. Customers and Sellers each consent to this accumulation, retention and processing of data.

10.2     Sellers and NUL are individual data controllers, and a breach of data by a Seller will not become the liability of NUL.

11. NOTICES

11.1     Any notice given hereunder must be in writing and may be effected by personal delivery, facsimile, email or by registered mail postage and (subject, in each case, to proof that such notice was properly addressed and despatched) if effected by facsimile/email shall be deemed to be received on the day of sending and if effected by post shall be deemed to be received 48 hours after the date of posting.

12. NO ASSIGNMENT

12.1     The Contract shall be personal to the Subscriber and shall not nor shall any rights under it be assigned by the Subscriber without the prior written consent of NUL.

13. NO WAIVER

13.1     No waiver by NUL of any breach of the Contract by the Subscriber shall be considered as a waiver of any subsequent breach of the same or any other provision.

14. GOVERNING LAW

14.1     The Contract (and these Conditions) shall be governed by and construed in accordance with the laws of England & Wales

15. INVALIDITY

15.1     If any provision of the Contract (or of these Conditions) is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract (or of these Conditions) and the remainder of the provision in question shall not be affected there.