Next Up Local Terms and Conditions:
What are cookies:
What cookies are used on this Website:
The cookies we and our business partners use on this website are broadly grouped into the following categories:
Essential – Some of the cookies on our website are essential for us to be able to provide you with a service you have requested. An example of this would be a cookie used to enable you to log into your account on the website or which allows communication between your browser and the website. Our cookie preference cookie described in the section “How can I reject or opt out of receiving cookies?” is also an essential cookie. You may not be able to use our website without these cookies.
Analytics – We use analytics cookies to helps us understand how users engage with our website. An example is counting the number of different people coming to our website or using a particular feature, rather than the total number of times the site or feature is used. Without this cookie, if you visited the website once each week for three weeks we would count you as three separate users. We would find it difficult to analyse how well our website was performing and improve it without these cookies.
Interest-Based Advertising – Next Up Local.com does not place adverts on our customers websites and refuses to advertise third parties on its home website. No data collected from cookies is sold to third parties and no data is used for advertising purposes.
How can I reject or opt out of receiving cookies?
If you want to reject cookies we use from this website you will need to:
a. delete the cookies from your browser. Most browsers also allow you to prevent all or some cookies being stored on your machine in the future. For more information on how to delete or disable cookies from your browser please use the “help” function within your browser or alternatively visit www.allaboutcookies.org. By deleting our cookie preference cookie the next time you visit this website the cookie message bar will appear again inviting you to again reconsider your preferences; and/or
b. if you only want to reject the Interest-Based Advertising cookies we store on your machine you can opt-out of receiving these cookies at any time by going to the Internet Advertising Bureau website at http://www.youronlinechoices.com/ and following the opt-out instructions.
Please be aware that disabling cookies may impact the functionality of this website and all websites Next Up Local.com hosts.
Third party cookies:
Some of the cookies described in the “What Cookies are used on this Website” section above are stored on your machine by third parties when you use our website. We have no control over these cookies or how the third parties use them. They are used to allow that third party to provide a service to us, for example analytics. For more information on these cookies and how to disable them, please see:
a. Internet Advertising Bureau website at http://www.youronlinechoices.com/ where you will be able to opt-out of receiving Interest-
Based Advertising cookies from some of the third parties listed below; and/or
Third Party Type of cookies and more information
Adobe / Omniture Analytics - Omniture provide anonymised data about the visits made to our website and allows us to test and evaluate the best ways to present our website to our users.
More info: http://www.omniture.com/en/privacy/product
Google Analytics - Google provides anonymised data about the visits made to our website.
Social Sharing - Google also store cookies which allow the "Google +" social sharing functionality.
More info: http://www.google.com/policies/privacy/
AddThis Analytics - AddThis provides anonymised data about how many users are sharing content on our website.
Social Sharing - AddThis store cookies which allow the social sharing functionality on social networks
such as Facebook.
Facebook Social Sharing - Facebook store cookies which allow the Facebook “Like” social sharing functionality
but only if you click on the Facebook “Like” button on our website or log in to Next Up Local using your Facebook account.
More info: http://www.facebook.com/about/privacy/
Twitter Social Sharing - Twitter also store cookies which allow their social sharing functionality including the
“Tweet” function and to generate usage information during your visit to our website.
More info: http://twitter.com/privacy
eBay / Doubleclick Interest-Based Advertising - Bay may have cookies dropped on their behalf in order to collect data for the purpose of interest-based advertising.
More info: http://pages.ebay.com/help/policies/privacy-policy.html
AOL Interest-Based Advertising - AOL cookies may also collect data for the purpose of interest-based advertising.
More info: http://help.aol.co.uk/help_uk/documentLink.do?cmd=displayKC&docType=kc&externalId=26303
If you want to know more about how cookies work and how to manage or delete them, visit the World Wide Web Consortium's website
We may update this policy from time to time so you may want to check it each time you visit our website. We last changed this policy on 18 July 2012.
CONDITIONS OF USE:
You are entirely responsible and liable for all postings to nextuplocal.co.uk or nextuplocal.com Listed below are some, though not all, violations which may result in Next Up Local deleting your postings. You agree not to do any of the following requests while posting an ad to nextuplocal.co.uk or nextuplocal.com. harass, threaten, embarrass or slander any person or entity; transmit via nextuplocal.co.uk or nextuplocal.com any information, data, text, files, links, software, chat, communication or other materials ("Content") that Next Up Local considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable; impersonate in nextuplocal.co.uk or nextuplocal.com any business or person, living or dead, famous or not; Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing nextuplocal.co.uk or nextuplocal.com or in connection with your use of Next Up Local in any manner.
You agree that you will not upload or transmit any Content to nextuplocal.co.uk or nextuplocal.com that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. By submitting Content to nextuplocal.co.uk or nextuplocal.com you automatically grant -- or warrant that the owner of such Content has expressly granted - Next Up Local the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content. All templates are the sole property of nextuplocal.co.uk or nextuplocal.com and as such you agree to rent only and must ask for permission to use images created by nextuplocal.co.uk or nextuplocal.com if found that you have used the designs without permission or reproduced the images in any way nextuplocal.co.uk or nextuplocal.com can and will charge for use at the rate charged for a full listing and any listing can and will be removed without notice.
You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. Next Up Local shall not be responsible for any Content. Next Up Local does not pre-screen or monitor all Content as a matter of policy, but Next Up Local shall have the right, but not the responsibility, to remove Content which is deemed in sole discretion harmful, offensive, or otherwise in violation of this Agreement or any rules Next Up Local has in place at the time. Next Up Local may elect at its sole discretion to monitor some, all, or no areas of nextuplocal.co.uk or nextuplocal.com for adherence to this Agreement or rules.
All payments (For digital goods, websites, design work, printing or any work undertaken) made to Next Up Local are non refundable and must be paid in full within 7 days of work completion. Late payments will be charged at 10% of the invoice total every 7 days, starting the following day from when payment is due.
DISCLAIMER OF WARRANTIES:
You expressly agree that use of nextuplocal.co.uk or nextuplocal.com is at your own risk. Next Up Local shall not be responsible to you for any Content found on nextuplocal.co.uk or nextuplocal.com. Next Up Local expressly disclaims all warranties of any kind, whether implied warranties of merchantability, fitness for a particular purpose, and non infringement. Next Up Local makes no warranty that nextuplocal.co.uk or nextuplocal.com will be timely, secure, error free, or meet your requirements; nor does Next Up Local make any warranty as to the results that may be obtained from the use of nextuplocal.co.uk or nextuplocal.com or as to the accuracy or reliability of any information obtained through nextuplocal.co.uk or nextuplocal.com. No advice or information, whether oral or written obtained by you from nextuplocal.co.uk or nextuplocal.com shall create a warranty not expressly made herein. You understand and agree that any content downloaded or otherwise obtained through the use of nextuplocal.co.uk or nextuplocal.com is done at your own discretion and risk and that you will be solely responsible for any damages to your computer or loss of data that results in the downloads of such content. To the full extent permissible under the applicable law, Next Up Local shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use nextuplocal.co.uk or nextuplocal.com.
Price estimates are based on the next up local.com current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance, where such amendment is required in order to meet any rise or fall in such costs.
Next up local.com does not currently charge vat.
All work carried out, whether experimentally or otherwise, at customer’s request shall be chargeable.
Where any additional work of whatever nature is necessary as a result of copy supplied by a customer not being clear and/or legible, the next up local.com reseller shall be entitled to make additional charges on a time and materials basis to cover such additional work.
Proofs of all work may be submitted for customer’s approval next up local.com shall incur no liability for any errors not corrected by the customer in proofs so submitted. Additional charges shall be made for any additional proofs that are required as a result of alterations required by the customer. When style, type or layout is left to the next up local.com reseller’s discretion, any subsequent changes to such style, type or layout required by the customer shall be subject to additional charges on a time and materials basis.
Unless negotiated and agreed in writing, the copyright of general artwork, commissioned artwork and illustrations and anything else whatsoever prepared, developed or created by next up local.com shall vest in and belong to next up local.com. Next up local.com may use any artwork or printing produced by itself for the purposes of promoting itself and/or next up local.com. The customer shall be responsible for obtaining all necessary authorities and consents to reproduce pictures, artwork, photographs, copyright text and/or any other reproducible materials (“materials”) prior to instructing next up local.com to reproduce the same. The customer shall indemnify and hold next up local.com and its agents and representatives harmless against all claims, demands, actions, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of any claim (including but not limited to the defence of such claim) that the reproduction of the materials by next up local.com infringes the intellectual property or other rights of any third party or misuses the confidential information of a third party.
All design, text, illustrations, graphics, photographs, diagrams, drawings, logos and the selection and arrangement thereof, and all source code and all other material content of any website owned, controlled or operated by next up local.com are the intellectual property of next up local.com or its content providers and as between next up local.com and the customer all intellectual property rights (including all copyright) arising out of or connected with such content shall belong to next up local.com. No reproduction of any part is allowed without written permission.
Unless otherwise specifically requested in writing any work may carry the next up local.com imprint which will be positioned at next up local.com discretion.
Delivery & payment
Turnaround is measured in working days, defined as days on which the clearing banks in the city of london are open for normal business. Normal delivery terms for printed goods are 7-10 working days. A delivery must be delivered after the 10 day delivery period to be considered ‘late’. Should a late delivery be made by next up local.com the customer will still be obliged to pay in full for the order in respect of which delivery was late, including any of the sums charged specifically for the provision of the guaranteed turnaround service (“the premium charges”). Where the late delivery is as the result of the action or inaction of a third party, such as a carrier, the next up local.com reseller, at their absolute discretion, may elect to extend the turnaround by one working day and the customer shall not be awarded a credit during this time.
These services rely on the customer not delaying the progress of the order in any way (which delays include but are not limited to the customer not returning proofs by the time specified by the next up local.com reseller or failing to make payment by the time such payment is due) (a “customer delay”). In the event of a customer delay the customer shall not be awarded a credit note and the customer shall still be obliged to pay the premium charges but next up local.com shall not be bound to deliver within the guaranteed period.
Delivery of work by next up local.com shall be deemed to take place upon collection of the work by the customer (where the customer is obliged to collect the work) or (where next up local.com is obliged to deliver the work) actual delivery of the work to the customer by next up local.com. Where the customer is obliged to collect the work, customer’s failure to collect the work on the day on which next up local.com is contractually obliged to have it ready for collection shall be classed as a customer delay. Where next up local.com is obliged to deliver the work to the customer but the customer provides next up local.com with incomplete or incorrect delivery information or is not available to accept delivery, then provided that next up local.com has used reasonable endeavours to deliver the work to the customer, a failed delivery shall be classed as a customer delay.
Unless otherwise specified the price quoted is for collection of the work from next up local.com at suite 2 crystal house, new bedford road, luton, lu1 1hs. A charge may be made to cover any extra costs involved for delivery to a different address.
Should expedited delivery be agreed next up local.com shall be entitled to make additional charges on a time and materials basis to cover any overtime or any other additional costs involved, including without limitation, the cost of couriers or special delivery post.
Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days or more next up local.com shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
Risk of loss of or damage to work completed by next up local.com shall pass to the customer on delivery. Notwithstanding delivery and the passing of risk in the work to the customer, ownership of and title to the work shall not pass to the customer and shall be retained by next up local.com until next up local.com has received payment in full in respect of the work.
In the unlikely event that next up local.com deems it necessary to re-print work, no guaranteed period shall be given.
Variations in quantity
Every endeavour will be made to deliver the correct quantity ordered. However some variation is inherent in the print process and it is understood and accepted as reasonable that minor variations are immaterial and that next up local.com shall have no liability in respect of such variations.
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to next up local.com and the carrier within 24 hours of delivery (or, in the case of non-delivery within 7 days of despatch of the goods) and any claim in respect thereof must be made in writing to next up local.com and the carrier within seven clear days of delivery (or, in the case of non-delivery, within 42 days of despatch). All other claims must be made in writing to next up local.com within 28 days of delivery. Next up local.com shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
Next up local.com gives no warranties or guarantees or makes any representations as to the merchantability or fitness for a particular purpose of any completed work the subject of a customer’s order and all other warranties, conditions, guarantees or representations, whether express or implied, oral or in writing, except as expressly stated in these terms and conditions are hereby excluded. Next up local.com shall not be liable for any loss arising from delay in transit not caused by next up local.com. Further, next up local.com shall not be liable for any indirect, special or consequential damages, loss of profits, economic loss, loss of goodwill or loss of anticipated savings or loss of data. The total aggregate liability of next up local.com in respect of any and all causes of action arising out of or in connection with the customer’s order and next up local.com’s performance of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) shall (subject to the provisions of paragraph 10) be limited to the sums paid to next up local.com by the customer in respect of the order pursuant to which liability has arisen. Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to english law, be excluded or limited including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.
Metal and other materials owned by and used by it in the production of plates, film-setting, negatives, positives and the like shall remain the exclusive property of next up local.com. Such items when supplied by the customer shall remain the customer’s property.
Lithographic, together work or other materials supplied by the customer may be effaced or destroyed immediately after the order is executed unless written arrangements are made to the contrary. In the latter event, next up local.com shall be entitled to make additional charges.
The customer’s property and all property supplied to next up local.com by or on behalf of the customer shall while it is in the possession of next up local.com or in transit to or from the customer be deemed to be at customer’s risk unless otherwise agreed and the customer should insure such property accordingly.
Where a customer fails to collect work within 20 working days from notification to the customer of completion of the work, next up local.com shall be entitled, at its discretion, to either store the work until actual delivery or collection is made and charge the customer for the costs (including insurance) of storage or to destroy such work (provided that the customer shall nevertheless remain liable for payment in respect of the relevant order).
Materials supplied by the customer
Next up local.com may reject any paper, plates or other materials supplied or specified by the customer which it considers to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by next up local.com in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer.
Next up local.com shall have no liability in respect of any work being of less than reasonably satisfactory quality as a result of defects in or the unsuitability of materials supplied or specified by the customer.
Next up local.com shall assume that quantities of materials supplied shall be adequate to cover normal spoilage accordingly if the quantities of materials supplied are not sufficient to cover normal spoilage (“an insufficient supply”) then next up local.com shall have no liability for any shortfall in quantity to the extent that such shortfall arises as a result of such insufficient supply.
Credit terms and payment
For invoices not settled within the agreed credit terms or for payments returned unpaid (such as cheques, credit cards or similar), next up local.com reserves the right to charge interest on the overdue debt at 2% above the barclays base rate at the time and an administration fee to cover its debt recovery costs and any other costs relating to the collection of payment.
If the customer ceases to pay its debts in the ordinary course of business or cannot pay its debts as they become due or being a company is deemed to be unable to pay its debts or has a winding-up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against it, next up local.com without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to next up local.com, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in next up local.com’s possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as next up local.com thinks fit and to apply the proceeds towards such debts.
Next up local.com shall not be required to print any matter which in its opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights or any third party.
Without prejudice to paragraph 7 above, the customer shall indemnify and hold next up local.com harmless against all claims, demands, costs, expenses (including but not limited to legal costs and disbursements), losses and damages arising from or suffered or incurred by reason of the work it is required to produce pursuant to a customer order being or alleged to be defamatory.
Save in respect of a material breach and/or in the event that a claim arises under any indemnity set out above a contract for the printing of a periodical publication may not be terminated by either party unless 13 weeks notice in writing is given in the case of periodicals produced monthly or more frequently or 26 weeks notice in writing is given in the case of other periodicals. Notice may be given at any time but wherever possible should be given after completion of work on any one issue. Without prejudice to the foregoing, next up local.com may terminate any such contract forthwith should any sum due thereunder remain unpaid for a period of 7 or more days from its due date.
Full colour printing
All reasonable efforts shall be made to obtain the best possible colour reproduction on customer’s work but variation is inherent in the print process and it is understood and accepted as reasonable that, next up local.com shall not be required to guarantee an exact match in colour or texture between the customer’s photograph, transparency, proof, electronic graphic file, previously printed matter (whether printed by next up local.com or other party) or any other materials supplied by the customer and the printed article the subject of the customer’s order.
By placing an order with next up local.com, the customer consents to its details being passed on to next up local.com for accounting and marketing purposes. The details will be kept by next up local.com even after the customer’s trading relationship with next up local.com has terminated. Next up local.com may use the customer’s personal data to let customers know about goods and services similar to the goods or services provided to the customer previously and any others matters that next up local.com consider may be of interest to customers.
Next up local.com shall be under no liability if it shall be unable to perform any obligation which is owed by it to the customer for any reason beyond his control including (without limiting the foregoing) act of god, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to next up local.com elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
Variation to terms and conditions
These terms and conditions may be amended from time to time. The latest version of these terms and conditions may be accessed via the website.
These terms and conditions and all other express terms of the contract with customers shall be governed and construed in accordance with english law. English courts shall have jurisdiction in relation to any matters arising in connection with any contract between next up local.com and the customer into which these terms are incorporated.