Welcome to n3wmedia.com Terms of Service ("Terms") which govern the use of our website, services, and products ("Services"). Thank you for choosing to use our Services and we are truly excited to have you as a customer.
Below we have listed important legal terms that apply to anyone who visits our website or uses our Services. These terms are necessary in order to protect both you and us and to make our Services possible and more enjoyable for everyone. n3wmedia offers a wide range of Services and features and part of the terms below may not be relevant to the specific services you use.
We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have suggestions on how we can improve them, you are welcome to contact us. We always appreciate feedback from customers.
By accessing or using our Services, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not use our Services. These Terms apply to all visitors, users, and others who access or use the Service.
n3wmedia is a trading name of Ed Stivala Limited, a compant registered in England (company number O796O351). When we reference "Us", "We", or "n3wmedia" we mean Ed Stivala Limited.
We design and develop websites, host them and fully manage and maintain them ongoing, making them available as a subscription based Service to our customers. We refer collectively to this as the "User Platform".
We provide our User Platforms to business users globally.
We reserve the right to modify or discontinue any Service (or any part or content thereof) without notice at any time. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service or User Platform.
Age: You must be at least 18 years old to use our Services and legally able to enter into a contract on behalf of the organisation you are representing. If you are under 18, you may only use our Services under the supervision of a parent or guardian who agrees to these Terms.
Geographical Restrictions: Our Services are available worldwide, except where restricted by law. Users are responsible for ensuring compliance with local laws.
Business Use: If you are using the Services and User Platform on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.
To access our Services and your User Platform, you must create an Account. You agree to provide accurate, current, and complete information during registration and to keep this information updated. You must not create an account for anyone other than yourself without our permission.
You are responsible for maintaining the confidentiality of your Account password and for any activities under your Account. Notify Us immediately of any unauthorized use of your account. We are not liable for any losses or damages caused by unauthorized use of your Account.
Users are responsible for ensuring the accuracy of their Account information and maintaining the security of their login credentials. You must notify Us immediately if you become aware of any breach of security or unauthorized use of your Account.
We reserve the right to suspend or terminate your Account if we suspect any breach of these Terms, fraudulent activity, or misuse of our Services or your User Platform. We may also terminate Accounts that are inactive for an extended period.
We utilise a third-party services for hosting, email and server management. Our User Platforms are hosted on varying different third party providers, the selection of which remains Our sole perogative. We will disclose which third parties are connected with the provision of your specific User Platform.
Limitations of Liability: While we take reasonable steps to ensure the highest level of service availability and security for your User Platform, n3wmedia is not liable for any outages, data loss, or other issues resulting from any third-party service providers failure.
User Platforms may integrate with other third-party services necessary for effective website management and payment services. These integrations are governed by their own terms and policies.
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We offers various "Subscription Plans" with different features and pricing, detailed on our website. By subscribing, you agree to pay the applicable subscription fees.
By subscribing to a Subscripton Plan you are enterining into an agreement with an initial term ("Initial Term") of two years from the date the date of subscription.
After the Initial Term has expired, the Subscription Plan will auto renew every 30 days until cancelled by either you or Us inline with the cancellation terms defined below.
Subscription Plan Upgrades and Downgrades: Users can upgrade their Subscription Plan at any time without penalty. Upgrades do not extend the Initial Term. Downgrading the Subscription Plan is not allowed during the Initial Term. After the Initial Term, Users can downgrade at any time, but the change will not be effective until the start of the next 30 day billing cycle (defined below).
"Billing Cycle": Subscriptions are billed monthly via Stripe. You authorise n3wmedia to charge your payment method for recurring fees according to your chosen plan. All fees are non-refundable except as expressly provided in these Terms.
Payments are processed securely through Stripe. We accept major credit cards and other payment methods supported by Stripe. You agree to provide current, complete, and accurate billing information.
Refund Policy: We offer a 30 day money back guarantee. If you are unsatisfied with your User Platform within the first 30 days, you may request a full refund by contacting us by email. Full details of our 30 day money back guarantee can be found here.
Cancellation Policy: After 30 days, cancellations are not possible without paying the remaining balance of the Initial Term. The User Platform remains the intellectual property of n3wmedia and will not be transferred to you. You may cancel your subscription at any time after the Initial Term, but you will remain responsible for all charges up to the end of your current billing cycle.
If a payment is not received by the due date, We reserve the right to suspend your access to the User Platform. User Platforms will be disconnected after two consecutive months of missed billing. After the third month of failed payment, n3wmedia reserves the right to pursue the outstanding balance through all legal routes open to Us. This may include taking court action to recover the remaining contract balance or passing the debt to a collection agency. We charge monthly interest on overdue balances equivalent to 2% above the Bank of England base rate.
The design and development of your User Platform is owned by n3wmedia. We retain ownership of all designs, templates, and content created by Us. Users do not acquire any ownership rights in the User Platform or content provided by Us.
"User Content": Users may submit content for use on their User Platform. By submitting content, you confirm that you have the right to use it and grant n3wmedia a non-exclusive, royalty-free, perpetual license to use, reproduce, modify, and display such content. We are not liable for any infringement resulting from User Content.
Feedback and Suggestions: If you provide feedback or suggestions regarding our Services or User Platforms, you grant n3wmedia a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such feedback or suggestions.
Users agree not to engage in any activity that:
You are responsible for your use of the User Platform and any consequences thereof. You agree to comply with all applicable laws, rules, and regulations.
Any content you submit must not be illegal, offensive, threatening, defamatory, or infringing on others’ rights. We reserve the right to remove or edit content that violates these standards.
If any provision of these terms and conditions is found invalid or unenforceable in any jurisdiction, such invalidity or unenforceability will not affect the remaining provisions, which will continue in full force and effect.
You may not assign or transfer any of your rights or obligations under these Terms without Our prior written consent. We may assign or transfer Our rights and obligations under these Terms, in whole or in part, at any time without notice to you. Any unauthorised assignment or transfer by you shall be null and void.
You agree to indemnify, defend, and hold harmless n3wmedia, its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) that arise from or relate to:
We collect personal information such as name, email, phone number, and payment information during sign-up. Additional business-related information may be collected to tailor Our Services to your needs.
We use your data to process transactions, provide services, and communicate with you.
We do not sell or share your data with third parties, except for necessary service integrations like Stripe.
n3wmedia complies with all applicable privacy regulations, including the General Data Protection Regulation (GDPR). For detailed information, please refer to our Privacy Policy.
We implement reasonable security measures to protect your data from unauthorized access or disclosure. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security
.To the maximum extent permitted by law, n3wmedia is not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, reputational damage, or business interruption, arising from or related to your use of our Services or User Platform. Our total liability is limited to the amount you paid for the Services in the past 12 months.
While We aim to provide 99.9% uptime, outages may occur. n3wmedia is not liable for any loss of earnings or other damages due to service outages. We endeavor to restore services as quickly as possible and schedule updates overnight to minimize disruption.
n3wmedia provides the Services and User Platform “as is” without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee the accuracy, completeness, or reliability of any content or functionality.
Force Majeure: n3wmedia is not liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, labor strikes, governmental actions, or Internet service interruptions
.These Terms are governed by the laws of England.
Any disputes arising from these Terms will be resolved through binding arbitration in England, except for disputes related to intellectual property rights or claims that may be brought in small claims court. The arbitration will be conducted in English, and judgment on the arbitration award may be entered in any court having jurisdiction.
You agree to resolve any disputes individually and waive your right to participate in a class action lawsuit. You may only bring claims on your behalf and not as a plaintiff or class member in any purported class or representative proceeding.
Any claim arising from these Terms must be brought within one year from the date of the event giving rise to the claim.
n3wmedia reserves the right to modify these Terms at any time. We will notify users of significant changes via email.
Your continued use of the Services after changes to the Terms constitutes acceptance of the revised Terms.