“New Bamboo” or “we” or “us” or “our” refers to New Bamboo Web Development Ltd whose registered office is 3rd Floor, Gensurco House, 46A Rosebery Avenue, London, EC1R 4RP
“Customer” or “you” or “your” refers to the person or a company in whose name the account with New Bamboo is held.
“Services” refers to any service offered by New Bamboo, including but not limited to subscriptions services.
These terms and conditions of service govern the supply of Services by New Bamboo to the Customer. Use of New Bamboo Services is subject to the terms listed herein. New Bamboo reserves the right to amend these terms and conditions without notice, effective upon posting amended terms and conditions to it’s website.
The use of New Bamboo’s Services is entirely at the Customer’s own risk. New Bamboo Services are provided strictly on an “as available” basis.
The Customer is responsible for keeping passwords or other sensitive information regarding New Bamboo Services secure. New Bamboo shall not be liable for any loss or damage arising from the Customer’s failure to keep passwords or other sensitive information secure.
Except as expressly provided in these Conditions, New Bamboo gives no warranties of any kind, expressed or implied for services provided to the Customer. New Bamboo disclaims any warranty or fitness for a particular purpose. This includes loss of business, custom, loss of data and all service interruptions unless otherwise stated by New Bamboo or agreed with the Customer in writing.
Service charges are billed in advance on, or shortly after, the day of purchase and on subsequent monthly anniversaries (the Customer’s “billing date”).
When the Customer purchases additional Services or purchases an upgrade to their Services, a pro-rated amount will be charged on or shortly after the day of purchase to cover the remainder of the current billing period from the day of purchase until the Customers next billing date.
For example, if a Customer on a monthly billing cycle with a billing date of the 3rd of the month purchases an additional service costing £30 per month on the 17th of September, they will be charged £15 (£13 for the remaining 13 days in September plus £2 for the first 2 days in October). A full £30 will be charged on the 3rd of October and on subsequent billing dates.
The Customer authorises New Bamboo to debit payments from the Customer’s credit or debit card for all Service charges, fees, taxes and any other charges as they are due.
New Bamboo reserves the right to charge interest on any unpaid sums at the current statutory rate prescribed in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 until payment is received by New Bamboo in cleared funds.
New Bamboo is not responsible for any additional bank fees, interest, finance charges or other charges incurred by the Customer as a result of charges billed by New Bamboo.
The Customer is responsible for ensuring New Bamboo has up-to-date billing and contact information for the Customer.
New Bamboo reserves the right to terminate or postpone Customer accounts where unpaid charges remain outstanding for a period of more than 14 days. Termination of Services by New Bamboo shall not alter the Customer’s obligation to pay all charges due to New Bamboo at the time of termination.
New Bamboo reserves the right to change fees and charges as it deems necessary. Customers will be notified in advance of any such changes to fees and charges.
All fees and charges are non-refundable unless expressly stated or agreed otherwise in writing by New Bamboo.
The Customer may cancel their Services at any time either via the Customer Control Panel or by submitting a support ticket request.
Cancellation of Services by the Customer shall not alter the Customer’s obligation to pay all charges due to New Bamboo at the time of cancellation.
The Customer is responsible for maintaining backups of their data. New Bamboo will not retrieve data from cancelled accounts unless otherwise agreed in advance.
New Bamboo will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Customers who violate systems or network security may incur criminal or civil liability.
Copyright and Intellectual Property
By using New Bamboo’s Services, the Customer acknowledges ownership by New Bamboo of all rights, title and interest in and to all trademarks, other intellectual property and services developed by New Bamboo.
The Customer shall not copy, reproduce, alter, modify or create derivative works from any trademarks, intellectual property or service offered by New Bamboo.
The Customer agrees that it shall defend, indemnify, save and hold harmless New Bamboo from any and all demands, liabilities, losses, costs and claims, including all legal fees, that may arise or result from any service provided or performed or agreed to be performed by a Customer, its clients, agents, employees or representatives. (1) any injury to person or property caused by any products sold or otherwise distributed in connection with New Bamboo’s services; (2) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective Product sold via New Bamboo’s services.
Neither party shall be liable to each other or be deemed to be in breach of the Agreement by reason of any delay in performing or failure to perform any of its obligations in relation to the Services if such failure or delay was beyond that party’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond either party’s reasonable control
Any invalidity or unenforceability of any term of, or any right arising pursuant to this agreement, shall not in any way affect the remaining terms and rights which shall be construed as if such invalid or unenforceable term or right did not exist.
This Agreement is personal to the parties and neither party may assign the benefit of this Agreement, or otherwise deal with any of its rights or obligations under this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed, subject to board approval of the assignee. Notwithstanding the foregoing, either party may assign its rights under this Agreement to an entity that either now or in the future controls, is controlled by or is under the common control of such a party as a consequence of merger, acquisition, change of control or asset sale.
Nothing in this Agreement is intended to create any right which, by virtue of the Contracts (Rights of Third Parties) Act 1999, might otherwise be enforceable by a third party against either party to this Agreement.
This Agreement shall be governed by and construed and interpreted in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.
The Customer shall not participate in or facilitate any action or activity that New Bamboo considers abusive, or that contravenes UK or US law . Actions or activities that New Bamboo considers abusive and therefore strictly prohibited include, but are not limited to the following:
The Customer shall not deliberately or maliciously cause or allow to be caused any disruption to New Bamboo’s Services, its servers, network or other infrastructure, or any other networks or services on the internet.
The Customer shall not participate in or facilitate any activity which interferes with or disrupts New Bamboo Services.
Participation or facilitation of any of the above activities may result in immediate suspension or termination of Services without refund.
To make a request under the 30-day Money Back Guarantee, the Customer must submit a request via the Helpdesk within 30 days of purchase.
Accounts which are suspended, cancelled, or terminated for violating our Terms & Conditions, including (but not limited to) the Acceptable Use Policy, will not qualify for the 30-day Money Back Guarantee. For example, if an account is cancelled due to spamming, phishing, or another violation, no refund will be issued.
New Bamboo services can be cancelled at any time via the customer control panel, but once an account has been active for 30 days a refund under our Money Back Guarantee will not be provided.