Terms of use

Welcome to Narrowcast, thanks for using our Services.

Narrowcast provides online customer relationship management (CRM) software to small and medium-sized businesses.

If you browse any of our Websites or use any of our Services, you agree to comply with and be bound by these Terms. These Terms are binding on any use of the Service and apply to you from the time that Narrowcast provides you with access to the Service.

These Terms are not intended to answer every question or address every issue raised by the use of the Service. It is your obligation to ensure that you have read, understood and agree to the most recent Terms.

By registering to use the Service you acknowledge that you have read and understood these Terms and have the authority to act on behalf of any person for whom you are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

Narrowcast reserves the right to change these Terms at any time.

Definitions

‘Narrowcast’ is a trading name and website owned and operated by Fubra Limited, a company registered in England and Wales No. 03967214 whose registered office, as well as trading and correspondence address, is Manor Coach House, Church Hill, Aldershot, Hampshire, GU12 4RQ.

‘Data’ means any data input or imported by you or with your authority into the Website.

‘Intellectual Property Rights’ means any registered or unregistered design rights, patents, copyright, database rights, data protection rights, trademarks, service marks, moral rights, know-how and any other intellectual or industrial property rights, anywhere in the world.

‘Invited User’ means any person or entity, other than the Subscriber, that uses the Service with the authorization of the Subscriber from time to time.

‘Service’ means the online customer relationship management software services made available (as may be changed or updated from time to time by Narrowcast) via the Website.

‘Subscriber’ means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.

‘Subscription Fee’ means the monthly or annual subscription fee (excluding any taxes and duties) payable by you in accordance with the pricing set out on the Website (which Narrowcast may change from time to time).

‘Terms’ means the Terms and Conditions of Use herein.

'Website’ means any images, written material, databases, software or other material available at any website owned or operated by Narrowcast.

‘You’ means the Subscriber, and where the context permits, an Invited User. “Your” has a corresponding meaning.

1. Privacy Policy

1.1 Your privacy is important to us. Please click here to access our Privacy Policy, which forms part of these Terms.

2. Access Conditions

2.1 You will ensure that all usernames and passwords required to access the Website are kept secure and confidential. You will immediately notify Narrowcast of any unauthorised use of your passwords or any other breach of security and Narrowcast will reset your password.

2.2 When accessing and using the Website you must:
a) not attempt to undermine the security or integrity of Narrowcast computing systems or networks or the Website;
b) not use, or misuse, the Website in any way which may impair the functionality of the Website, or impair the ability of any other user to use the Website;
c) not attempt to gain unauthorised access to the computer system on which the Website is hosted or to any materials other than those to which you have been given express permission to access;
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);
e) not modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer the Website except as is strictly necessary to use for normal operation;
f) only access the Website manually. The use of automated agents, robots, or automated software, other than search engine spiders, to view the site is forbidden;
g) not attempt to build a copy of our Data.

2.3 Narrowcast grants you the right to access and use the Website with the user roles according to your Subscription. This right is non-exclusive and non-transferable.You must only use the Website for your own lawful internal business purposes.

3. Intellectual Property Rights

3.1 All Intellectual Property Rights in all the material which comprises the Website including, but not limited to, design, structure, layouts, graphical images and underlying source code belongs to Narrowcast. All rights are reserved.

3.2 You acknowledge that, except as otherwise agreed between the parties in writing, all Intellectual Property Rights of Narrowcast and the Website shall remain with Narrowcast.

3.3 By submitting content to any public area of Narrowcast, including blogs, message boards, and forums, you grant Narrowcast a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and 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. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.

3.4 By submitting content you warrant that you are entitled to and have all necessary Intellectual Property Rights over that content.

4. Trademark Notice

4.1 Narrowcast.co.uk, Narrowcast and the Narrowcast logo are trademarks of Fubra Limited.

5. Data Protection

5.1 Narrowcast may place information concerning you on a database for internal use only. Narrowcast will never disclose your details to any third party unless required by law, unless specifically instructed to the contrary by the User.

6. Third Party Websites, Goods and Services

6.1 Narrowcast provides links to third party websites that are not affiliated with Narrowcast (although Narrowcast branding, advertisements or links may appear on these websites) and Narrowcast may send e-mail messages to you containing advertisements or promotions including links to third parties. Narrowcast makes no representation as to the quality, suitability, functionality or legality of any third party websites which we link to, or to any goods and services available from such websites.

6.2 All matters concerning goods and services that you purchase from a third party website including all contract terms are solely between you and the owner of that website. Narrowcast will not be liable for any costs or damages to you or any third party arising directly or indirectly out of any third party website. You hereby waive any claim you might have against Narrowcast with respect to any such websites.The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.

7. Disclaimer of Warranties

7.1 You acknowledge that:
a) You are authorised to access and use the Website;
b) If you are using the Website on behalf of or for the benefit of any organisation, then Narrowcast will assume that you have the right to do so. The organisation will be liable for your actions including any breach of these Terms;
c) The provision of, access to, and use of, the Website is on an “as is, where is” basis and at your own risk;
d) Narrowcast does not warrant that the use of the Website will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Website, 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 Website. Narrowcast is not in any way responsible for any such interference that prevents your access or use of the Website.
e) It is your sole responsibility to determine that the Website meets the needs of your business.

7.2 Narrowcast gives no warranty about the Website. Without limiting the foregoing, Narrowcast does not warrant that the Website will meet your requirements or that it will be suitable for your purposes. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law including, without limitation, warranties of merchantability, fitness for purpose, title and non-infringement.

7.3 You warrant and represent that you are acquiring the right to access and use the Website and agreeing to these Terms for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Website or these Terms.

8. Application Performance

8.1 Narrowcast denies all liability for the timely operation of the Website when used within an Internet environment, where you or a third party is providing the computer equipment upon which the product is to reside or depend upon for any part of its functionality.

8.2 By accepting these Terms you confirm your understanding that the timely operation of the Internet and the World Wide Web is governed by constraints beyond the control of Narrowcast. You accept that Narrowcast is not liable for the perceived slow operation of the Website.

9. Subscriptions

9.1 Narrowcast may offer a free trial which will allow you to assess if the Website is satisfactory for your purpose.

9.2 Subscription Fees automatically recur either monthly or annually depending on your subscription package. Subscription Fees begin on your first payment date and are payable in advance of each subscription period. Different Subscription Fees may include access to different Services.

9.3 Your subscription is activated by providing the information required on the payments order form. You will pay Narrowcast the charge for the Subscription Fees by credit/debit card at the time of order.

9.4 No refund will be given for the cancellation or termination of a subscription.

9.5 A subscription can be cancelled at any time by terminating your Service. When a subscription is cancelled no further payment will be taken by Narrowcast.

9.6 If a subscription is cancelled and Subscription Fees prior to the cancellations date remain unpaid, you will be liable to pay all outstanding Subscription Fees to Narrowcast.

9.7 You must cancel your Service. Narrowcast will not accept instructions to do so. This is to ensure against fraudulent requests to terminate Services.

9.8. Pricing of Services is advertised on the pricing and subscription pages of each Service Website.

10. Termination & Remedies for Breach of these Terms by You

10.1 Narrowcast is entitled to restrict, suspend or terminate your subscription or deny you access to the Website without notice in the event of a breach of these Terms.

10.2 Narrowcast shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as Narrowcast in its sole discretion considers reasonably necessary or appropriate.

11. Force Majeure

11.1 Neither party is liable for delay in meeting its obligations due to any cause outside its reasonable control including acts of god, riot, war, malicious acts of damage, fires, electricity supply failure, Government authority.

12. Jurisdiction

12.1 Your use of the Website and any dispute arising out of such use of the Website is subject to the laws of England and Wales.

13. Survival

13.1 Should any provision of these Terms be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision’s intent, to the extent permitted by applicable law.

14. Absence of Waiver

14.1 Any failure or delay by Narrowcast to enforce any of the Terms or to exercise any right under the Terms will not be construed as a waiver to any extent of our rights.

15. Right to Assign

15.1 Narrowcast may assign its rights and obligations under these Terms and upon such assignment Narrowcast shall be relieved of any further obligation under these Terms.

16. Entire Agreement

16.1 These Terms and the Privacy Policy supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and Narrowcast.

17. Confidentiality

17.1 Unless the relevant party has the prior written consent of the other or unless required to do so by law, each party will preserve the confidentiality of all confidential information of the other obtained in connection with these Terms. Neither party will, without prior consent of the other, disclose or make any confidential information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.

18. Rights of Third Parties

18.1 A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.

19. Indemnity

19.1 You indemnify Narrowcast against all claims, costs, damage and loss arising from your breach of any of these Terms or any obligation you may have to Narrowcast, including but not limited to any costs relating to the recovery of any subscription fees that have not been paid by you.

19.2 Your use of any information or materials on this Website is entirely at your own risk, for which Narrowcast shall not be liable. It shall be your responsibility to ensure that the Website, its products, services and information, meet your specific requirements.

20. Partners

20.1 Narrowcast regularly partners with other small business service providers. Partners are not endorsed or approved by Narrowcast and Narrowcast is not responsible for the quality of their service.It is your responsibility to vet Partners for the service you require from them.

21. Affiliate Scheme

21.1 Narrowcast may run affiliate schemes for our Services. We reserve the right to alter our Affiliate Schemes at any time.

21.2 Narrowcast reserves the right to remove you from the Affiliate Scheme at any time and refuse payment of any monies owed. Reasons for such action include using spam techniques to promote your affiliation.

21.3 Partners of Narrowcast are not eligible to participate in our affiliate schemes.

22. Data Ownership

22.1 Ownership of the underlying data and right to access belongs to the account payer where the account payer is an owner or shareholder of the organisation. If the account payer is not an owner or shareholder of the organisation, for example a Partner, then the data ultimately belongs to the owner or shareholder of the organisation.

23. Limitation of Liability

23.1. To the maximum extent permitted by law, Narrowcast excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.

23.2. If you suffer loss or damage as a result of Narrowcast’s negligence or failure to comply with these Terms, any claim by you against Narrowcast arising from Narrowcast’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by you in the previous 12 months.

23.3. If you are not satisfied with the Service, your sole and exclusive remedy is to terminate these Terms.

24. Support

24.1 Narrowcast aims to (i) respond to emailed software support queries within 24 hours of them being raised, and to (ii) to resolve technical queries within 5 days of them being raised but does not warrant that this will be the case.

24.2 Support is not intended to deal with any questions relating to customer service cases, customer rights or company law. Our support agents will only help you learn how to use our Services.

24.3 The support service is intended to provide timely, informal help and as such any reliance placed upon it is at your risk. Any opinions or statements made by a support agent should be checked with a relevant professional. To the fullest extent permissible by law Narrowcast does not accept any responsibility for the opinions or statements expressed by its support agents. Without this limitation of liability we would not be able to provide this service.

24.4 Narrowcast reserves the right to withdraw support from you if you send malicious, offensive or illegal support requests, or your usage of the support service is excessive. The meaning of the terms “malicious”, “offensive” and “excessive” is to be determined at Narrowcast’s sole discretion.

Last updated: 7th June 2013