Extranet Terms and Conditions
- This Extranet is provided by the National House-Building Council ('NHBC' a company limited by guarantee and registered in England under company number 00320784, at Buildmark House, Chiltern Avenue, Amersham, Buckinghamshire HP6 5AP) on behalf of itself and its subsidiaries.
- Subject to paragraph 3 below, each NHBC registered builder or developer ('Client') shall be entitled to use this Extranet and by using this Extranet each Client does so on the basis that they agreed to be bound by these terms and conditions and the Administrator Policy which forms part of these terms and conditions.
- This Extranet is not intended to be used other than by NHBC registered builders and developers whose employees have the technical knowledge, competence and resources necessary to enable proper use to be made of the material posted to this Extranet, in connection with the construction of homes in the United Kingdom (including the Channel Islands and Isle of Man).
- NHBC does not warrant the accuracy or suitability for any particular purpose of any material accessible on this Extranet, but NHBC will take reasonable care to ensure that any material that is posted to this Extranet by NHBC and which was created by NHBC, is accurate when posted.
- The right to use this Extranet is subject to NHBC's absolute right at any time and on any grounds to decline to allow any particular Client and/or user to use this Extranet and/or to suspend or withdraw this Extranet service.
- NHBC reserves full rights of editorial control over the contents of this Extranet and reserves the right in NHBC's absolute discretion to add, amend and/or delete material, at any time and without prior warning, whether the material is posted by NHBC or up-loaded to this Extranet by or on behalf of a Client.
- Any reference to any service is not a promise that such service will be available. Changes to or improvements in such services may be made at any time without notice.
- Clients are advised that the purpose of this Extranet is not to provide a document storage or back-up facility and Clients should ensure that they retain back-up copies of all material up-loaded to this Extranet.
- Messages and data sent over the internet cannot be guaranteed to be secure as they can be intercepted, lost or corrupted. NHBC is therefore not responsible for the accuracy of the messages and data sent over the internet, whether to or from this Extranet.
- Due to the nature of the internet and the fact that users' access to this Extranet involves computer equipment and software features outside NHBC's control, NHBC are not responsible for any technical problems users may experience with this Extranet. If users experience technical problems, please contact NHBC to report the problems.
- These terms and conditions do not form part of or alter any Client's rights, obligations and/or liabilities under any other agreements between a Client and NHBC and/or any NHBC subsidiary.
- NHBC hereby grants to each Client a non-exclusive, revocable, non-transferable licence to use this Extranet and the materials that are made accessible on this Extranet for the Client's own internal business purposes, subject to these terms and conditions.
- Each Client hereby grants to NHBC a non-exclusive, non-transferable licence to use to the extent necessary for NHBC to provide this Extranet, all material uploaded to this Extranet by or on behalf of the Client and in respect of such material each Client agrees to indemnify NHBC against all claims, demands, actions, costs and expenses which NHBC and/or any of its subsidiaries incurs as a result of any third party claiming that the use by NHBC of such material in accordance with these terms and conditions infringes the third party's intellectual property and/or proprietary rights.
- All intellectual property and/or proprietary rights in the material posted on this Extranet (excluding material uploaded to this Extranet by or on behalf of Clients) are and shall remain owned by either NHBC, its suppliers, data providers or other licensors and nothing herein, nor in this Extranet is intended to transfer, assign or grant any rights to users in respect of such intellectual property rights, except for the limits rights of use expressly stated herein.
- Each Client agrees that they will regularly review this Extranet for any amendments or variations to these terms and conditions and agrees that continued use of this Extranet shall be deemed an acceptance by the Client to be bound by such amendments or variations to these terms and conditions.
- Each Client agrees that it will not up-load to this Extranet any material that may be defamatory, or infringe the Human Rights of any third party or which may otherwise be reasonably be considered to have the potential to cause offence to a person who accesses it.
- NHBC does not seek to exclude or limits liability for fraud or for death or personal injury caused by negligence, but subject always to the forgoing, NHBC shall not be liable for loss of profit, business, revenue, goodwill, opportunity or anticipated savings; nor shall NHBC be liable for indirect loss or damage or consequential loss or damage.
- These terms and conditions shall be governed and construed by the law of England.
Administrator Policy
- This Extranet is provided by the National House-Building Council ('NHBC' a company limited by guarantee and registered in England under company number 00320784, at Buildmark House, Chiltern Avenue, Amersham, Buckinghamshire HP6 5AP) on behalf of itself and its subsidiaries.
- This Administrator Policy is supplemental to the terms and conditions governing the use of this Extranet. Each NHBC registered builder or developer ('Client') using this Extranet uses it on the basis that they agree to be bound by those terms and conditions, as amended from time to time, and that they agree to ensure that all users that use this Extranet on their behalf are aware of and use it subject to those terms and conditions.
- Each Client is entitled to create 'Administrator' accounts for use with this Extranet. Administrator Accounts allow Administrators to make arrangements for other persons to access and use this Extranet on behalf of the Client that they represent, and in certain cases use will include the right to add, amend and/or delete content on behalf of a Client.
- Subject always to NHBC's rights under the terms and conditions governing use of this Extranet to determine who may use this Extranet, each Administrator will be entitled to designate users to use this Extranet on behalf of the Client that the Administrator represents and each Administrator must ensure that each such person is authorised by the Client to use this Extranet on behalf of the Client and assign user names and passwords to each such user for the duration (but no longer) of that person's authority.
- By accessing this Extranet and/or requesting the creation of an 'Administrator' account the person doing so confirms to NHBC that they have the full authority of the Client that they claim to represent, to do so and to use this Extranet facility in accordance with the terms and conditions governing use of this Extranet.
- Clients, through their Administrators, are responsible for ensuring that user names and passwords are kept secure and not revealed to any unauthorised person.
- Administrators must inform NHBC immediately if they have any reason to believe that any user name or password has become known to someone not authorised to use them or are at risk of being disclosed or used in an unauthorised way. If NHBC has reason to believe that there is likely to be a breach of security or misuse of this service, NHBC may change any or all passwords and/or deny access and notify Administrators accordingly.