NES one

Report service incorporating the SAVA
HCS Online and the NHER EPC Online

Terms and Conditions

Please read the following Terms and Conditions carefully. By logging in to the NES one website and ticking the acceptance box you will be deemed to have accepted them.

1. Use of the NES one website

The NES one website - www.nes-one.co.uk - is owned and operated by National Energy Services Limited (NES). This website incorporates the report writers SAVA HCS Online and NHER EPC Online in addition to functions directly associated with NES one such as My Account, links to other report writing applications and integration with the Central Register. These terms cover all aspects of the website including the report writers.

1.1 Agreement to terms of use of the website

Any use of this website, including registration, shall be in accordance with these Terms and, by agreeing to these Terms, the website user shall bear responsibility for his/her own actions. The information contained in this website complies with the laws of England. If, whether because of the age, nationality or country of residence of the user or otherwise, the use of this website would infringe any applicable law or regulation in any other jurisdiction, the use of this website is prohibited. It shall remain, at all times, the responsibility of the user to check that locally applicable laws allow use of the NES one website.

If users do not agree with these Terms, the use of this website is prohibited.

NES reserves the right to make changes to these Terms from time to time without notice and it is the user's responsibility to determine such changes. Continued use of the NES one website shall be deemed acceptance of any changes to these Terms.

1.2 Registration, account login, and password protection

Users are responsible for maintaining the confidentiality of passwords and shall bear responsibility for all uses of registration, whether or not such use is authorised by the user. Users are liable and responsible for all their actions where the username and password have been entered correctly. Users must notify NES one of any unauthorised use of registration or password.

Title to any passwords issued by NES one shall remain vested in NES.

1.3 Information and emails

NES one allows the upload of information to support the completion of Home Condition Reports and Energy Performance Certificates. It also facilitates the sending of email. Users are responsible for the content of the information, as NES one does not exercise editorial control. NES reserves the right to terminate a user’s registration if it becomes aware that the user has sent or uploaded unlawful information or information that is defamatory, abusive, threatening, profane, racially offensive, obscene or is otherwise objectionable. NES also reserves the right, at its absolute discretion to delete such information. Users shall not upload or otherwise make available on the site any material, which is not owned by the user without the express consent of the owner of the material.

NES shall assume no responsibility for the deletion of or failure to store email messages.

The following constitutes a misuse of the web services offered by NES one:

using the services for any improper, unlawful or immoral purpose, causing any nuisance by the use of the services or causing the operation of the services to be jeopardised or impaired.
using the services to create, host or transmit material which infringes the copyright, trademark, patent, trade secret or other proprietary rights of any other party.
using the services to transmit unsolicited advertising material to other users.
using the services to make fraudulent offers to sell or buy products, items or services.
adding, removing or modifying identifying network header information in an effort to deceive or mislead.
using the services to access, or to attempt to access the accounts of others or to attempt to penetrate security measures of NES’s or other entities' computer software, hardware, electronic communication system, or telecommunications system.
using the services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
using the services for any activity which adversely affects the ability of other people or systems to use the services or the Internet.

1.4 Information on the website

NES has made all reasonable endeavours to ensure that the information contained on this website is accurate. However, NES makes no warranties whatsoever in relation to the accuracy, suitability, reliability, completeness or otherwise of this information, whether express or implied. In addition, users will have access to information that has not been directly provided by NES and neither does NES make any warranties as to such information.

1.5 Availability of the NES one website

NES cannot guarantee that the NES one website will be fault free nor available all the time. If a fault occurs in the web services it should be reported by emailing the support team at support@nesltd.co.uk or by calling 01908 442105. NES will attempt to correct the fault or restore the services as soon as it reasonably can.

User access to the NES one website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.

1.6 Payments

Payments can be made directly through this website for the purchase of single Reports or credit for the user's My Account. Payments are processed by SagePay and not NES and are governed by SagePay’s terms and conditions. NES accepts no responsibility for any failure by SagePay to process debit and credit card charges correctly except where the failure was caused by a fault in the NES one software linking to SagePay. If any fault in a payment being processed occurs it should be reported in a timely manner to the support team at support@nesltd.co.uk or by calling 01908 442105 so that the problem can be rectified.

1.7 Intellectual property, trademarks and copyright

NES either owns or is licensed to use the intellectual property rights, including (but not limited to) copyright, design rights and trademarks appearing on this website.

The NES one website, including but not limited to text, content, photographs, video, audio, graphics and the look and feel of the site is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the United Kingdom and other countries. As a user of the site you agree to abide by all applicable copyright and other laws, as well as by any additional copyright notices or restrictions contained in this website.

The reproduction, copying, distribution or otherwise of material contained in this website is strictly prohibited, including storage in any form, whether tangible or electronic, other than downloading for personal use. Downloading material for commercial purposes is strictly prohibited and unauthorised use may result in civil or criminal penalties.

NES logos found on this site are trademarks of NES. Such logos may be used only with the express written consent of NES.

1.8 Disclaimer and limitation of liability

NES, its employees, subcontractors, agents or partners disclaim any liability in respect of any loss or damage arising out of this website, whether such loss or damage results from negligence, breach of statutory duty or otherwise, and whether in contract or in tort, including the loss or corruption of data, any errors or omissions in content, delays or interruptions in transmission or operation and lines or communication failure. NES shall not be liable for any, indirect, special or other consequential or incidental damage, whether foreseeable or not. Nothing in this disclaimer shall exclude or limit liability for death or personal injury arising out of negligence or in respect of fraudulent misrepresentation.

In no event shall NES’s total liability for all damages, losses and causes of action exceed the amount paid by the user, if any, for accessing this site.

Due to the nature of the Internet and software generally, NES gives no warranty that use of the website and/or any services set out therein will be free from errors, interruptions and/or delays.

Except as expressly set out in these Terms, all representations, warranties, terms and conditions, whether express or implied, are hereby excluded to the greatest extent permitted by law.

1.9 Linking and framing

When linking to this website, users represent that they have read and agree to be bound by the Terms contained in this section. Users further represent that they have read and agree to be bound by the Terms.

Upon linking to this Website, users will be granted a non-exclusive, non-transferable, royalty-free licence to use the NES one mark solely for providing an underlined, textual link from your Website to www.nes-one.co.uk. No other use of NES one marks or name is permitted without express prior written permission from NES.

1.10 Indemnity

Users agree to indemnify and hold NES harmless from any claim or demand, including reasonable legal expenses, made by any third party due to or arising out of the use of this website, the violation of these Terms or infringement of any intellectual property right of any person or entity.

1.11 Remedies for Users' breach of Terms

In the event of any breach of these Terms by a user, and without prejudice to any other rights which NES might have, NES reserves the right to:

Warn the user by email of such breach
Delete any content which NES considers being in breach
Discontinue the user's registration with NES one
Proceed to the proper law enforcement authorities for further action
Pursue any further action that NES shall deem appropriate in the circumstances

1.12 Miscellaneous

In the event that any of these provisions is deemed to be invalid, the invalidity of such provision(s) shall not affect the validity of the remainder of these Terms, and the remainder shall remain in full force and effect.

Any failure by NES to exercise or enforce any right or obligation conferred upon it shall not constitute a waiver of such a right nor bar NES from exercising or enforcing it.

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

All users represent that they have the authority and capacity to register with NES one according to these Terms.

1.13 Jurisdiction and Choice of law

These Terms shall be governed by and construed in accordance with the laws of England, and the English courts shall have non-exclusive jurisdiction.

1.14 BCIS Rebuilding Cost Information

The BCIS Rebuilding Cost Information service is integrated with the SAVA HCS Online report writer and is used in the writing of Home Condition Reports. Users are only permitted to use BCIS rebuilding cost information upon agreeing to be bound by these legally binding terms and conditions:

The Data is owned by, and used under licence from, BCIS, the Licensor;
Users can only use this Data for the calculation of the reinstatement costs of domestic properties in the UK;
Users are prohibited from sub-licensing the Data to any other person;
Users understand that the Data is provided "as is", that the Licensor will not be liable for any use of the Data, and that Licensor does not warrant or enter into any term to the effect that the Data will be entirely free from defects or that its operation will be entirely error free;
Users acknowledge that the Data will be partly based on subjective market judgements; and
The Licensee reserves the right to provide details of the User to BCIS.

1.15 Instruction Manager

NESone Instruction Manager is a service provided by National Energy Services Ltd (NES) to facilitate the transfer of instructions for the production of reports between the instructing organisation and the reporting. The service provides information about the status of report production and facilitates report retrieval by the instructing organisation.

NES accepts no liability for the content of instructions or the content or fitness for purpose of reports produced as a result of these instructions.

The purpose of the service is to provide a link between an instructing organisation and a small number of preferred inspectors or assessors. It is not intended to be used as panel management software by organisations whose prime purpose is to undertake panel management on a commercial basis. NES reserves the right to withdraw the service from individual inspectors or assessors if, in the opinion of NES, the service is being abused.

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NES one Report service incorporating the SAVA HCS Online and the NHER EPC Online Terms and Conditions