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Offshore Wind Projects Database T&Cs

TERMS OF USE

The below sets out the terms of use of NOF ENERGY LTD’s (NOF) Offshore Wind Projects Database Service

Definitions

"Agreement"

“Database”

means these terms of use.

The NOF offshore wind projects database

"Confidential Information"

includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service, but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

"Data"

means all the data, information, charts, graphs, diagrams, modelling and forecasting outputs and details within the NOF Offshore Wind Projects Database

"Subscription"

means the fee paid by a Subscriber for 12 months access to the Service

"Intellectual Property Right"

means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

"Service"

means access to the NOF Offshore Wind Projects Database including the database, associated reports and webinars as detailed in the marketing materials provided by NOF to the Subscriber

"Website"

means the Internet site at the domain www.nof.co.uk  from which the Database is accessed via a site operated and hosted by RCG

"Subscriber" "You and Your"

“User”

means a member of NOF which registers for the Service, each being a separate company and not a group of companies benefitting from the NOF group membership scheme

Means the individuals given access to the Database by the Subscriber

“RCG”

The Renewables Consulting Group, Linked (CRN 08809841) NOF's third-party provider

 

Use of the NOF Offshore Wind Projects Database

This Service is only open to paying members of NOF and the database subscription period will be aligned to Your NOF membership subscription period. Both subscriptions will run concurrently for a period of 12 months from the date your full payment is received

For existing NOF members who are part way through their membership subscription period, the number of months remaining on your NOF membership subscription will be credited and a new invoice(s) will be issued which will show 12 months membership subscription less the number of months to be credited plus the 12-month Database subscription. Payment can also be made online.

NOF grants You the right to access and use the Service via the Website. Access will commence from the date payment covering both your NOF membership subscription and your database subscription is received.

This Subscription is non-exclusive, non-transferable, and limited by and subject to this Agreement and to any applicable further written agreement between You and NOF and any applicable laws:

  1. a) NOF will authorise for each Subscriber up to register 10 Users for the Service, this will be managed through the NOF website member login area
  2. b) The 10 Users per Subscriber must be individuals each employed by the relevant Subscriber
  3. c) The named Users may be changed during the Subscription period following individual authorisation by NOF

Your Obligations

Payment Obligations:

The Subscription shall be as quoted to You. Prices are exclusive of any applicable VAT which shall be paid by you in addition.

You will be notified of the details of any changes to your Subscription fee not less than 30 days prior to renewal.

Payment for the Service can be made online via the NOF e-commerce site using the credit card facility.

Where payment cannot be made using the credit card payment facility a manual payment process by bank transfer or cheque may be used subject to an additional administration fee of £10.00. Where a manual process is used payment in full in cleared funds must be made within 30 days of the date of the invoice. Time for payment shall be of the essence as no access to the Database will be permitted until payment received and cleared.

Once payment has been received in cleared funds, we will use our reasonable endeavours to provide You with access to the Database within 2 (two) working days excluding the period between Christmas and New Year when the NOF offices will be closed. Notification of days office will be closed advised on out of office notification.

Renewal:

NOF will contact You 2 months prior to the end of the Subscription period detailing the renewal date, renewal costs and any updates to the platform. If You wish to terminate Your Subscription this must be done in writing by email no later than 1 month prior to renewal (the deadline). Should we not hear from you prior to the renewal date deadline and in response to the email communication, we will assume you wish to continue Your Subscription and an invoice will be issued / link to the NOF e-commerce site to provide payment for the next 12-month subscription, with no cancellation option until you receive the next renewal communication from NOF the following year.

Subscriber Login & Passwords:

Once You have subscribed for the Service and NOF membership has been confirmed and payment has been made, login(s) and password(s) will be sent to You and Your nominated Users, allowing access to the Service. If You have an existing login and password for the NOF website, NOF will update Your access rights to give You access to the Service.

Login and passwords are unique to Your nominated Users and must not be used by other individuals any breach of this provision shall be a fundamental breach of this Agreement and NOF may terminated this Agreement without notice or compensation.

Access Conditions:

You must ensure that all logins and passwords required to access the Service are kept secure and confidential. You must immediately notify NOF of any unauthorized use of Your login detail and passwords or any other breach of  In the case of unauthorised access or other breach of security NOF may at its absolute discretion reset Your passwords and logins or such other action as it deems reasonably necessary and You shall at all times take all actions that NOF requires to maintain or enhance the security of the Database and the Website and the computing systems and networks of NOF and RCG and Your access to the Service.

When accessing and using the Services, You must:

  1. a) not attempt to undermine the security or integrity of NOF or RCG’s computing systems or networks,
  2. b) not use, or misuse, the Service in any way which may impair the functionality of the Service or Website, or other systems used to deliver the Service or impair the ability of any other Subscriber to use the Services or Website;
  3. c) not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Service is hosted;
  4. d) not transmit, or input into the Website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
  5. e) not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Service or to operate the Website except as is strictly necessary to use either of them for normal operation.

Indemnity:

You shall indemnify NOF against: all claims, costs, damage and loss arising from Your breach of this Agreement or any obligation You may have to pay NOF, including (but not limited to) any costs relating to the recovery of any Fees that are due but have not been paid by You.

You are responsible and liable for you own and your Users' use of our Service.

Confidentiality and Privacy

Confidentiality:

NOF will preserve the confidentiality of all Confidential Information in connection with these Terms. NOF will not, without the prior written consent, disclose or make any Confidential Information available to any person other than as contemplated by these Terms.

NOFs obligations under this clause will survive termination of these Terms.

The provisions of the Confidentiality clause above shall not apply to any information which: i) is or becomes public knowledge other than by a breach of this clause; ii) is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure; iii) is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or iv) is independently developed without access to the Confidential Information

Privacy:

NOF’s privacy policy  is set out at https://www.nof.co.uk/privacy-policy/ You will accept that policy as part of the Agreement.  

By subscribing to the Service, You will and will procure that Your nominated Users will authorise NOF to store personal information that You provide to us. NOF will only use the information provided in accordance with its privacy policy and only for the purpose of managing your access to the NOF Offshore Wind Projects Database.

You agree that the information You provide and will procure that the information Your Users provide to us during registration, and at other times, will be true, accurate, current and complete in all material respects.

NOF and its third-party provider may collect data and analytics to track your usage of the Service. This information will be used to evaluate, monitor, and improve the Service with the aim of aiding the Service’s development and future features. The data collected will only be used for this purpose and processed in accordance with NOFs privacy policy

Intellectual Property

General:

You acknowledge and agree that title to, and all Intellectual Property Rights in the Service, the Website, the Database and any documentation relating to the Services remain the property of RCG and or NOF and will not challenge any title to the same which they assert.    

Ownership of Data:

The Data within the NOF Offshore Wind Projects Database has been compiled from publicly accessible information and research conducted by the third party RCG. While much of the information is publicly available, RCG owns all title to, and all Intellectual Property Rights in the modelling and forecasting outputs, and all other Intellectual Property in the Database.

Backup of Data:

RCG and NOF adheres to its best practice policies and procedures to prevent data loss but does not make any guarantees that there will be no loss of Data. RCG expressly excludes liability for any loss of Data no matter how caused.

Referencing the Data:

You are permitted to reuse extracts from the Website for inclusion in briefings, presentations, papers and reports for distribution externally subject to advance agreement by NOF and ensuring the NOF Offshore Wind Projects Database is referenced as the source of the Data and/or graphics.

Warranties and Acknowledgements

Acknowledgement:

You acknowledge that You are authorized to use the Services and the Website and to access the information and Data in the NOF offshore wind projects database. The provision of, access to, and use of, the Services is on an "as is " basis and at Your own risk.

NOF does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Service.

Whilst NOF intends that the Service should be available 24 hours a day, seven days a week, it is possible that on occasions and You accept that the Services or Website may be unavailable to permit maintenance or other development activity to take place from time to time.

If for any reason NOF has to interrupt the Service for longer periods than NOF would normally expect, NOF will use reasonable endeavours to publish in advance details of such activity on the Website or via email.

NOF is not in any way responsible for any such interference or prevention of Your access or use of the Service.

It is Your sole responsibility to determine that the Service meet the needs of Your business and are suitable for the purposes for which they are used.

Subscription features:

NOF reserves the right to, at its sole discretion, add, remove, discontinue, amend, alter, and modify parts or features of the Service at any time, without liability, for any or no reason. This includes the creation of new features and products. NOF will take reasonable steps to ensure that the overall Service will not be adversely affected by such alterations.

Disclaimer:

Except as expressly set forth in this Agreement, our Service is provided 'AS IS' and you agree that your use of our Service is at your sole risk. Except as expressly set forth in this Agreement and to the fullest extent permitted by applicable law, we and our suppliers, licensors, and partners, make no warranties express or implied with respect to the subject matter of this Agreement, and we expressly disclaim any implied warranties or merchantability, non-infringement, fitness for a particular purpose, including implied warranties arising from course of dealing or performance.

RCG the third-party provider and its suppliers, licensors, and partners do not warrant that the functions contained in the Service will be correct, uninterrupted or error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components.

You understand and agree that if You use, access, download, or otherwise obtain information, materials, or data through our Service or any third-party services, it is at your own discretion and risk and that you will be solely responsible for any damage to your property (including without limitation your computer system) or loss of data that results from the download or use of such material or data.

If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with the "Termination" clause below.

Limitation of liability:

Save to the extent that liability cannot be excluded by law NOF and RCG's liability to the Subscriber for breach of this Agreement or in actions in tort or otherwise resulting, directly or indirectly, from any use of, or reliance on, the Service or Website (including but without limitation for any of (1) lost business, (2) revenue or (3)actual or anticipated profits) shall be limited to the annual Subscription fee actually paid by the Subscriber in respect of the year in which the event(s) giving rise to the claim arose.   

Termination

NOF Termination

NOF may discontinue the Service at any time in which case NOF will give at least 30 days’ notice to the Subscriber and use reasonable endeavours to provide continuity of service to the end of Your Subscription period. If NOF is unable to deliver continuity of service to the end of the 12-month Subscription period then the balance of our unused subscription will be refunded and such refund shall be Your only remedy in respect of the non-provision of the Service in such circumstances.

Subscriber termination:

At the end of each Subscription period NOF shall issue to You a renewal notice and Your access to the Service shall be terminated unless confirmation has been received for renewal of the Service in accordance with the renewal notice and payment received for the Subscription period referred to in the renewal notice.

At fault Termination:

NOF may take any or all of the following actions, at its sole discretion (without any obligation to pay compensation or refund any part of the Subscription) by notice in writing:

  1. a) terminate immediately (or upon such notice as it may determine) this Agreement and Your access (and that of Your Users) to the Service; or
  2. b) suspend for any definite or indefinite period of time, Your use (and that of Your Users) of the Services.

If You:

  1. a) breach any term of this Agreement and do not remedy the breach within 14 days after receiving notice requiring remedy of the breach from NOF or RCG, if the breach is capable of being remedied;
  2. b) breach any term of this Agreement and the breach is not capable of being remedied (which includes (without limitation) any payment of any Subscription due); or
  3. c) You cease to be a member of NOF.

Accrued rights:

Termination of this Agreement is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:

remain liable for any accrued charges and amounts which become due for payment before or after termination; and immediately cease to use the Services and the Website.

Help Desk

Technical Problems:

In the case of technical problems, you must make all reasonable efforts to investigate and diagnose problems before contacting NOF. If You still need technical help, please check the support provided online by NOF on the Website or failing that email us at jspencer@nof.co.uk Tel: 0191 3846464

General

Entire Agreement:

This Agreement, together with the NOF Privacy Policy and the terms of any other notices or instructions given to You under Terms of Use, found on the NOF website, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and NOF relating to the Services and the other matters dealt with in this Agreement.

Waiver:

If either party waives any breach of this Agreement, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

Delays:

Neither party will be liable for any delay or failure in performance of its obligations under this Agreement if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

No assignment:

You may not assign or transfer any rights to any other person without NOF’s prior written consent.

Severability:

If any part or provision of this Agreement is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

Notices:

Any notice given under this Agreement by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to NOF must be sent to plivingstone@nof.co.uk or to any other email address notified by email to You by NOF. Notices to You will be sent to the named contact and email address which You provide when setting up Your Subscriber access to the Service.

Rights of Third Parties:

A person who is not a party to this Agreement has no right to benefit under or to enforce any of its terms.

Governing law and jurisdiction:

This Agreement is governed by the laws of England and Wales and You hereby submit to the exclusive jurisdiction of the courts of England and Wales for all disputes arising out of or in connection with this Agreement.

Acceptance of the Agreement:

YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY USING THE DATABASE OR THE ASSOCIATED DATA, YOU EXPRESSLY CONSENT TO BE BOUND BY THIS AGREEMENT AND GRANT TO BOTH NOF AND RCG WHO SHALL BE SPECIFICALLY ENTITLED TO EXERCISE THE TERMS OF THIS AGREEMENT IN RELATION TO OPERATION OF THE WEBSITE SET FORTH HEREIN.

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