Terms and conditions

Terms & Conditions of Use

1.     Acceptance of Terms

1.1   Your access to and use of our site www.natolli.co.uk (the “Website”) is subject to these terms and conditions (the “Terms”). Please read the Terms carefully together with the documents referred to in the Terms before you start to use the Website. By using the Website, you indicated that you fully accept these Terms and agree to abide by them. If you do not agree to the Terms, please refrain from using the Website.

1.2   Any variation to these Terms will not be binding unless specifically agreed and signed by both of us.

2.     Information about us

2.1   The Website makes available our bespoke inventory management software and tools for your use, and the Website is owned and operated by Natolli Limited (“us” “our” “we”), see contact us for more details.

2.2   It is intended that initially only people in the UK will use and view our Website and use its services.

3.     Accessing our Website

3.1   You will be required to register on our Website in order to use the services we provide. Your username is that email address you have registered with and password of your choosing. For confidentially purposes these must not be disclose to any third party unless necessary, and providing you notify such third party of the obligation to keep the username and password confidential. You will be responsible for all use of your account, whether it is used by you or by a third party with your authority.

3.2   Your username and password will give you access to your personal account area and the software applications available on the Website.

3.3   You must notify us immediately if you become aware of any unauthorised use of your username and password and/or our Website. 

4.     Services, charges and payment

4.1   Once you have registered on our Website, You can use our Website and the software applications available on our Website to make bookings with inventory clerks, instantly create inventory reports, invoices and statements for your clients (landlords and letting agents), and send letting agents reminders for outstanding invoices.

4.2   You will be charged (“the Fee”) for using our Website either at the time of making a booking (as a percentage of your own charges) or at time of report compilation (as a fixed fee per report) depending on the user type created at registration and only if subscribed for such services. The Fee will encompass the fee for making that particular booking, sending an invoice for that booking to your client and generating the report as a result of the booking.

4.3   We will invoice you monthly on the anniversary of the date you become a signed up member of our Website for all Fees incurred in the previous month. All invoices should be paid immediately by direct debit.

4.4   If you fail to pay the whole or part of any sum due to us within 14 days of the date of the invoice, we reserve the right to restrict your access to our Website.

4.5   If you fail to pay the whole or part of any sum due to us within 30 days of the date of the invoice:

4.5.1     we reserve the right to completely prevent you from having access to the Website and software applications, including the suspension of your account;

4.5.2     all sums which you owe us will become due for payment immediately, and we may issue court proceedings against you to recover them without giving you further notice;

4.5.3     we may charge you interest on the overdue sums at a rate of 4% over the base rate of Barclays Bank plc until payment in full is made.

4.6   We reserve all rights to increase the Fee on providing advance written notification to you.

4.7   If you are using our software applications to create or generate reports on the portable devices (including the use of our iPhone application, and iPad applications), an additional % charge will be payable.

5.     Intellectual Property Rights

5.1   All copyright, trade marks, design rights and all other intellectual property rights in the Website and its content (including without limitation the design, text, graphics, the arrangement thereof, and all software and source codes connected with the Website) those on the portable devices and any literature and materials are owned by or licensed to us.

5.2   No person other than us (as owner or licensee of the intellectual property rights) in the Website and its content may:

5.2.1     hack, attempt to hack, distribute, make available to the public, modify, transmit, reproduce, store, sell, or otherwise use any or all of the Website

or its content without our written consent. For the avoidance of doubt, in consideration of your paying the Fee, you may download and use templates and any software provided on the Website for your personal use but may not provide these to others without our prior written consent;

5.2.2     provide hypertext links, URL links, graphic links, or hyperlinks or other direct connection for profit or gain to the Website without our prior written consent;

5.2.3     display, publish, copy, print, post or otherwise use the Website or its content contained therein for the benefit of any other website without our prior written consent;

5.2.4     process or otherwise use the information contained on or within the Website for any illegal or immoral purpose nor use or process the same unfairly.                                   

5.3   Furthermore, you agree not to use our trade mark “Natolli” nor any other forthcoming trademarks or any third party trade marks appearing on the Website except as permitted by law, in particular (without limitation) you may not use the trade marks as meta-tags or sponsor them in search engines.

5.4   Except as set out above, nothing in these Terms grants you a licence or transfers any intellectual property rights to you in the Website and its contents.

6.     Privacy Policy

6.1   In order for us to provide the services, you may be asked to submit personal data. Any personal data submitted to us through the Website will be subject to our Privacy Policy, which can be found on the Website. By using our Website you agree to the personal data being processed in accordance with our Privacy Policy.

6.2   You warrant that all data provided by you is accurate.

7.     Acceptable Use

7.1   You must not misuse our Website by knowingly introducing viruses, trojans, worms or any other material that is malicious or technologically harmful.

7.2   You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, database, or computer connected to our Website.

7.3   You may link to our home page (with our prior written permission), providing you do so in a way that is fair and legal and does not damage or take advantage of our reputation. Links must be to the home page of the Website only and you may not, yourself or assist others to, set up links from your own website to our Website by deep-linking, framing or otherwise.

7.4   You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Furthermore, you must not establish a link from any website that is not owned by you.

7.5   Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and accept no liability for them or for any loss or damage that may arise from your use of them. Furthermore, any link to other websites is not an endorsement of such websites and does not imply any endorsement by the third party of our Website.

7.6   We reserve the right to suspend your username and prevent you from having access to the Website and software applications if we suspect misuse of our Website, and to report you to the relevant authority (providing evidence of misuse if necessary).

8.     The Website

8.1   We are committed to the constant improvement of our services and we may modify our Website without giving you prior notice. We may also amend these Terms from time to time and you agree to visit the Website regularly to find out about any changes.

8.2   You acknowledge that we have no control over the Internet and, whilst we have taken all reasonable endeavours to ensure the Website is virus free, we make no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else that may be harmful or destructive.

8.3   You further acknowledge that occasional periods of downtime for repair, maintenance and upgrading may be required. We will take all reasonable steps to minimise any periods of interruption or non-availability.

9.     Liability

9.1   Except those expressly stated in these Terms, we exclude all other warranties, conditions and other terms implied by statute or common law to the maximum extent allowed by law.

9.2   We will not be liable to you for any consequential, special or indirect loss or damage (including loss or profit, loss of contracts, loss of reputation or otherwise and whether arising from negligence, breach of contract or howsoever) that result or may result from your use of any part of or inability to use any part of our Website, any interruptions to or delays in updating the Website, or any viruses or malicious software that may infect your computer equipment, even if we have been advised of the possibility of such damages.

9.3   Nothing in these Terms affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter.

9.4   You acknowledge that our total liability in respect of loss or damage arising under these Terms will not exceed the total Fee paid during the month in which the event causing loss or damage occurred and during the two months preceding the month in which the event causing loss or damage occurred for any one claim.

9.5   You will fully indemnify us and keep us indemnified from and against all loss, damage and costs which we might have to pay as a result of any act or omission by you or any of your employees or otherwise in connection with your use of the Website.

10.   Suspension

10.1 We will be entitled to suspend your username and deny you access to the Website immediately if you breach any of these Terms.

11.   General

11.1  All comments and queries should directed at us via our contact us pages.

11.2   Nothing in these Terms will establish a relationship of partnership, joint venture or agency between you and us and neither of us will make any representation to the public or any other party suggesting otherwise.

11.3 We may assign our rights and/or obligations under these Terms at anytime. Subject to the other provisions of these Terms, you may not assign your rights or obligations without our prior written consent.

11.4 Failure of either of us to assert our rights in relation to any breach of these Terms will not constitute a waiver of such rights, nor will any such waiver be implied.

11.5 Each provision of these Terms will be construed separately and will be severable from these Terms. If any provision of these Terms (or portion thereof) is invalid, illegal or unenforceable, it will not affect the validity, legality or enforceability of the remainder of these Terms.

11.6 These Terms constitute the entire agreement between us and will apply to the exclusion of all other terms or conditions of contract you may purport to impose.

11.7 We will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any foreseen contingency beyond our reasonable control, including, without limitation, internet outages, communications outages, fire, flood, war or act of God.

11.8 We agree that these Terms will be interpreted and governed by English Law and we submit to the exclusive jurisdiction of the English Courts.