Terms & Conditions

NBS Contracts Tool ('the Service') is supplied by RIBA Enterprises Ltd (RIBAE). The Service is available at http://contracts.thenbs.com. The Service and the materials and information provided within the Service is maintained and updated by RIBAE. The following terms and conditions apply to use of the Service.

Terms and Conditions of the Service

Use of the Service will be subject to these terms and conditions and the RIBAE websites Terms and Conditions at http://www.thenbs.com/corporate/terms.asp ("the Terms and Conditions"). You consent to these Terms and Conditions when you use the Service.

1. The Service

1.1 Only authorised users may use the Service. Authorised users ('users') are those who are registered with an NBS Website Account

1.2 Entering project details and purchasing a single use of the Service allows the user to create, edit and publish a PDF (Adobe Portable Document Format) RIBA Domestic Building Contract or a RIBA Concise Building Contract ('building contract'). You must purchase the Service for each new building contract.

1.3 Once you have confirmed the project details they will be included in the header and footer of the PDF building contract. You will not be able to make any amendments to these project details. You will, however, be able to make changes to all the other details of contract once payment has been made. RIBAE accepts no responsibility for any errors or omissions made by the user when entering the project details into the Service.

1.4 You will be able to publish draft contracts from within the Service for a period of one year from the date of creation.

1.5 You will be able to publish the final contract from within the Service for a period of one year from the date of its first publishing.

1.6 Product support information is provided online as part of the Service. Any additional product support will be at the absolute discretion of RIBAE. RIBAE reserves the right to make additional charges for any assistance given that is not included in the Service.

1.7 You may not copy, decompile, disassemble, adopt, merge, translate, reverse engineer or in any other way modify the Service or make available the Service in any form either in whole or in part to any third party except as expressly agreed in writing by RIBAE. Any information imparted to you relating to the Service or the support thereof shall be kept confidential by you and used solely in connection with your normal operation of the Service.

1.8 You may not use, sell, assign, rent, sub-license, loan, mortgage, charge or otherwise deal in any way in the Service or any interest in it except as expressly provided herein.

2. Content

2.1 Content and features may be added to or removed from the Service at any time by RIBAE without notice.

2.2 The Service and the information it contains are not intended either as a substitute for professional advice or judgement or to provide legal or other advice with respect to particular circumstances. No responsibility for loss incurred by any person acting or refraining from action as a result of using the Service or the information contained in the Service can be accepted by RIBAE.

2.3 Whilst every effort has been made to ensure the accuracy and quality of information and guidance in the Service, RIBAE accepts no responsibility for the subsequent use of this information, for any errors or omissions that it may contain, or for any misunderstandings arising from it.

3. Warranties and Remedies

3.1 RIBAE warrants that the Service will perform substantially in accordance with the details set out in clause 1 of these Terms and Conditions.

3.2 RIBAE does not warrant that the Service will meet your requirements. You use the Service at your own risk. RIBAE accepts no responsibility or liability arising from the use of the Service or the inability to use the Service.

3.3 The warranties set out in clauses 3.1 and 3.2 are your sole warranties. All other warranties are excluded to the fullest extent permitted by law.

3.4 Although RIBAE aims to offer the service at all times RIBAE accepts no responsibility or liability in the event that the Service is unavailable for any period of time.

3.5 RIBAE shall be under no liability to you in respect of any circumstance beyond their reasonable control, including (but not limited to) acts of God, fire, flood, explosion, accident, inability to supply information, software materials or support, breakdown of equipment and disputes involving RIBAE and/or any third party.

3.6 All users must verify the information used within the Service and in the created building contracts and ensure that its application is effective to communicate what is required by them and that the Service is fit for their intended use.

3.7 RIBAE's entire liability in respect of any single event of default shall be limited to damages of an amount equal to £1 million in respect of damage to the tangible property of the user resulting from negligence of the Company or its employees, agents or sub-contractors and, in the case of any other event of default, then it shall be limited to the fee paid for use of the Service. Subject to the above clause the Company shall not be liable in respect of any event of default for loss of profits, goodwill or any type of special indirect or consequential loss including loss or damage suffered by the user as a result of any action brought by a third party even if such loss was reasonably foreseeable or the Company had been advised of the possibility of the user incurring the same.

4. Payment

4.1 Payment must be made in advance of using the Service by using the online payment method contained within the Service.

4.2 RIBAE will make no refunds of payments made for use of the Service.

5. Intellectual property rights

5.1 Copyright and all intellectual property rights in the Service including, but not limited to, databases, data, content, text, graphics, photographs, other images, trademarks, domain names and logos contained in the Service shall remain at all times the property of RIBAE or its Licensor and you shall at no time acquire any rights over any such materials.

6. Privacy of your data

6.1 RIBAE stores and processes data strictly in accordance with the Data Protection Act 1998. The RIBAE Privacy Policy can be viewed at http://contracts.thenbs.com/privacy.

7. Changes to the Terms and Conditions

7.1 RIBAE reserves the right to change or update the Terms and Conditions relating to the use of the Service at any point in time without prior notice to users.

7.2 RIBAE reserves the right to change or update the Terms and Conditions governing the use of RIBAE websites at any point in time without prior notice to users.

8. General

8.1 Nothing in these Terms and Conditions shall affect the statutory rights of a consumer in 'consumer transactions' under any applicable statute.

8.2 If any part of these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable the validity of the remainder of these Terms and Conditions will not be affected.

8.3 These Terms and Conditions are covered by the laws of England and Wales.