Before you can become a user of NETPark, you must read and accept all of the terms and conditions of this Agreement. You should read through all the terms carefully. We recommend you print out and keep a copy of them for your future reference. If you do not wish to accept any part of them, you must not proceed to use this Service further and you must immediately contact us in writing to inform us that you do not accept these conditions and you must return to us, all copies made on any medium of any content or materials. The Agreement constitutes a legally binding agreement between you and Business Durham.
In this Agreement, “you” and “your” means any agent authorised to use the Service and any employees that you have authorised to use the Service. “We”, “us” and “our” means Business Durham, a wholly owned subsidiary of Durham County Council. “Member” means registered members of the NETPark and NETPark Net community. “User” means those accessing areas of the site without being registered which can include Members. “Service” refers to NETPark. “Content” means information and services available through NETPark.
As a Member or User of NETPark you agree not to engage in any behaviour that could bring the name of NETPark or Business Durham into disrepute.
Membership of NETPark will be automatically suspended in the following instances (this list is not comprehensive):
You agree not to hold us responsible for any loss you may incur as a result of us suspending your membership.
You accept sole responsibility for the legality of your actions under laws applying to you. We have the right, but not the obligation, to monitor any activity and content associated with the website. We may investigate any reported violation of this Agreement or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the website).
Every membership lasts for 12 calendar months and will be automatically renewed unless you notify us in writing at least one month in advance of renewal date. No refunds are payable in any case should either side give notice of intention to give up or suspend membership. A Member may upgrade to a different level of membership and enter into another 12 months’ membership period. No refunds will be given if a Member wishes to downgrade to another level. Membership is effective immediately upon activation of the account by Business Durham.
All fees are payable in GB pounds sterling. You agree to be financially responsible for all charges, fees and other sums of whatever nature which arise out of your use of the Service. We reserve the right to charge interest at 8% above base rate on outstanding sums.
Certain content is only available on a paid-for basis – you will be notified of this before proceeding.
Information is available from NETPark in various forms, on and offline. This information is intended to assist you. It is not intended to be comprehensive. The information must be read in conjunction with any other material and information provided by any applicable 3rd party supplier.
No warranties, promises and/or representations of any kind, express or implied, are given as to the accuracy or completeness of any of the material or information contained on the Service or as to the nature, standard, suitability or otherwise of any services offered by the suppliers. We shall not be liable for any loss or damage or other sum or claim of any nature whatsoever (direct, indirect, consequential or other) which arises, directly or indirectly, in connection with the Service including, for the avoidance of doubt and not by way of limitation, any use of any information or material contained in the Service or any inability to access or use (or delay in doing so) the Service, or in respect of any false, malicious, defamatory or illegal information or data featured on the Service.
The information contained on the Service may contain technical inaccuracies and typographical and other errors. The information on it may be updated from time to time and may at times be out of date. We have the right to change the prices of the services featured or mentioned on the Service at any time without prior notice. If any price is obviously incorrect, neither we nor any applicable supplier will be bound by it. We accept no responsibility for keeping the information on these pages up to date or liability for failure to do so.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Service shall remain at all times vested in us or our Suppliers. You are permitted to use this material only as expressly authorised by us. You acknowledge that you are solely responsible for any personal data or information that you choose to disclose and make publicly accessible via the Service, and that under no circumstances will we be liable in any way for the disclosure and public accessibility of such personal data or information. You acknowledge that any personal data or information (or any other Content) posted to publicly accessible areas may remain publicly accessible indefinitely.
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service.
You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
With respect to Content you elect to post for inclusion in publicly accessible areas of NETPark or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant Business Durham a world-wide, royalty free and non-exclusive licence to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting NETPark. This licence exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.
You acknowledge that Business Durham may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You acknowledge that we may suspend your email account at any time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
All services are subject to a reasonable use policy. Business Durham will endeavour to fulfil all services in a timely and professional manner but cannot be held accountable for events outside its control.
Post will be forwarded by first class post daily (Monday to Friday) or weekly according to the service level chosen or unless instructed otherwise by email. Members will be required to sign for mail collected from NETPark.
Access to other NETPark facilities (hot-desking, meeting rooms, parking etc) are subject to availability and must be booked at least 2 working days in advance by email.
Telephone and fax forwarding is subject to the Member having a BT landline.
Business Durham is registered as a Virtual Office Provider under the Money Laundering Regulations 2007 Act and therefore use of the Virtual Office service will only be authorized after Business Durham is satisfied as to the nature of the company requesting use of the service.
The website and the information it contains is intended primarily for the use of members of NETPark.
You warrant that you have the legal authority to use the Service.
As a condition of your use of the Service, you warrant to us that you will not use it or any material or information on it for any purpose that is unlawful or prohibited by this Agreement.
No part of the Service may be reproduced in any form without our prior consent, other than temporarily in the course of using our service or to print individual page(s) to retain on your own paper file for your own future use. You may not otherwise copy, distribute, reproduce, publish, license, commercially exploit, create derivative works from, transfer, sell any material, information, products or services contained or featured on the Service.
We do not expressly or impliedly grant you any right, licence, permission or interest of any kind or description relating to or concerning the names, domain names, associated logos, designs or images which identify the products and services featured on the Service, or in respect of any of our intellectual property rights (including, for the avoidance of doubt and not by way of limitation, any trade marks, copyright, trading names, designs, symbols and/or devices of any description used by and/or belonging to us) or in respect of any such rights belonging to any supplier or any third party.
You warrant that you will comply with all provisions of the Data Protection Act 1998 and any subsequent amendments to it in respect of all matters relating to your use of the Service.
You agree to be contacted for legitimate commercial business by other members of NETPark.
You agree to respect the privacy of other members of NETPark.
We cannot and do not confirm, and are not responsible for ensuring the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on the website.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the website and any information provided to or taken from the website by you.
Business Durham is registered with the Information Commissioner's Office Data Protection Registration, Number: Z4683416
We are an English registered Company. Our business and the services we offer are governed by the applicable laws of England and Wales. No warranties and/or representations of any kind, express or implied, are given as to the compliance of the information shown on the Service, the services offered by or on behalf of us or the Suppliers, any information relating to such services and/or our business in any respect with any laws of any other country. Such laws do not, in any event, affect or apply to the same.
Access to the Service is conditional on your agreement that all information contained in it and all matters which arise between you and us will be governed by English law. Access is further conditional on your agreement that any dispute or matter which arises between you and us will be dealt with by the Courts of England and Wales only to the exclusion of the Courts of any other country.
If any exclusion(s) or limitation(s) contained in this Agreement is found, in whole or part, to be unlawful, void or for any other reason unenforceable for any purpose(s), that exclusion(s) or limitation(s) or the part(s) in question shall be deemed severable and omitted from the Agreement for that purpose / those purposes. Such omission shall not affect the validity, effectiveness or enforceability of the other provisions of this Agreement.
We do not accept any liability in any respect of any service featured on the Service.
We are entitled to the benefit of any applicable exclusions and/or limitations of liability permitted by the laws of any country found to be applicable to the information shown on the Service and/or any services offered by us or on our behalf.
The Service may contain links to other websites. Except where they belong to us, such other websites are not under our control or maintained by us. We are not responsible for the content of such websites. We provide these links for your convenience only but do not monitor or endorse the material on them. We cannot accept any liability whatsoever and howsoever arising in relation to any such other websites (including, for the avoidance of doubt and not by way of limitation, any inability to access or delay in accessing any such other website) or in relation to any material or information appearing on them or which you may otherwise come across after leaving our site by way of a hypertext link or any other means.
We make no warranty that the Service (or any websites that are linked to the Service) is free from technical errors, computer viruses or any other malicious or impairing computer programs or will be made available on an uninterrupted basis.
Nothing in this Agreement or in the authority given to you to use the Service shall constitute you as the agent, partner, joint venturer, franchisee, licensee, partner, employee, or servant of Business Durham for any purpose whatsoever. All transactions carried out via the Service shall be on the basis of you as an independent organisation and nothing in this Agreement constitutes your authorisation to make any contract, agreement, warranty or representation on our behalf or to create any obligation, express or implied on our behalf.
Access to the Service is conditional on you agreeing to indemnify and keep us indemnified against and in respect of the full amount of all claims, liabilities, demands, damages (whether indirect, special, consequential or otherwise), costs (including legal costs) expenses, losses, fines and all other sums of whatever nature which we incur or become liable for as a result of any breach of this Agreement and any other act or omission, default or negligence on your part.
We shall not in any event be liable for any indirect, special or consequential damages, howsoever arising, (including but not limited to loss of anticipated profits) in connection with or arising out of the performance or non‑performance of its obligations under this Agreement. There are no warranties, conditions, guarantees or representations as to suitability or fitness for a particular purpose of the services or other warranties, conditions, guarantees or representations given whether express or implied, oral or in writing, except as expressly stated in this Agreement.
The Member agrees to indemnify and keep us indemnified against and in respect of the full amount of all claims, liabilities, demands, damages (whether indirect, special, consequential or otherwise), costs (including legal costs) expenses, losses, fines and all other sums of whatever nature which we incur or become liable for as a result of any breach of this Agreement and any other act or omission, default or negligence. This obligation shall be a continuing obligation and shall survive the termination of this Agreement. We do not accept any liability in any respect of any service.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes
You will compensate us in full for any losses or costs (including reasonable legal fees) we incur arising from any breach by you of this Agreement.
We reserve the right to modify or withdraw, temporarily or permanently, the Service (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal.
Information which you send to NETPark through this website, either by email or through electronic forms, will be treated as follows:
1. We will keep information no longer than we reasonably believe is necessary.
2. We will use information only for the purpose for which you sent it.
3. We may use information for statistical analysis but in such a way that your identity will not be involved.
Unless stated otherwise (for example; that you are viewing information over a secure connection) information transmitted over the internet is not secure and we cannot accept responsibility for misuse of information intercepted in this way.
All emails and any associated attachments received by NETPark will be electronically intercepted and examined for viruses etc. This is purely routine and any delay will be kept to a minimum.
If You Are under 16
· Please get permission from a parent or guardian before using our website. We advise that you never reveal any personal information about yourself or anyone else (for example; your home address, telephone or email details).
If you have any queries about this please contact us for help and advice.
This policy applies to the NETPark website but not to sites to which we provide links.