Terms & Conditions

Welcome to Neon Prime!

These terms and conditions outline the rules and regulations for the use of Neon Prime Website.

By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use Neon Prime website if you do not accept all the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United Kingdom. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By using Neon Prime website you consent to the use of cookies in accordance with Neon Prime’s privacy policy.

Most of the modern-day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

Licence

Unless otherwise stated, Neon Prime and/or its licensors own the intellectual property rights for all material on Neon Prime. All intellectual property rights are reserved. You may view and/or print pages from NeonPrime.co.uk for your own personal use subject to restrictions set in these terms and conditions.

You must not:

• Republish material from NeonPrime.co.uk
• Sell, rent or sub-licence material from NeonPrime.co.uk
• Reproduce, duplicate or copy material from NeonPrime.co.uk

Redistribute content from Neon Prime (unless content is specifically made for redistribution).

User Comments

1. This Agreement shall begin on the date hereof.
2. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Neon Prime does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Neon Prime, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Neon Prime shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
3. Neon Prime reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
4. You warrant and represent that:
   1. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so
   2. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party
   3. The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
   4. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
   5. You hereby grant to Neon Prime a non-exclusive royalty-free licence to use, reproduce, edit and authorise others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

1. The following organisations may link to our Website without prior written approval:
   • Government agencies
   • Search engines
   • News organisations
   • Online directory distributors when they list us in the directory may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
   • Systemwide Accredited Businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
2. These organisations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
3. We may consider and approve in our sole discretion other link requests from the following types of organisations:
   • commonly known consumer and/or business information sources
   • community sites
   • associations or other groups representing charities, including charity giving sites
   • online directory distributors
   • internet portals
   • accounting, law and consulting firms whose primary clients are businesses; and
   • educational institutions and trade associations.

We will approve link requests from these organisations if we determine that: (a) the link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organisations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b) the organisation does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Neon Prime; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organisation.

These organisations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are among the organisations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to office@NeonPrime.co.uk Please include your name, your organisation name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organisations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator (Web address) being linked to; or
• By use of any other description of our Website or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Neon Prime’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall have no responsibility or liability for any content appearing on your Website. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Website or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Website, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Website or any linked Website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

1. limit or exclude our or your liability for death or personal injury resulting from negligence
2. limit or exclude our or your liability for fraud or fraudulent misrepresentation
3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

NON-CIRCUMVENTION NON-DISCLOSURE & CONFIDENTIALITY AGREEMENT (NCNDCA)

This Non-disclosure and Confidentiality Agreement (the “Agreement”) is made and

concerns Neon Prime and their clients.

Hereinafter “the parties”

RECITALS

1. WHEREAS, the parties are in the process of evaluating a potential business relationship.
2. WHEREAS, The Buyer/Seller Buying/Selling Agent/ Admin agent/ Prospective Purchaser/Buyer, Secondary agent and their parties possess certain information and materials (including the names and address of developers and/or vendors of property) which it considers to be highly confidential and proprietary and which may constitute trade secrets.
3. WHEREAS, the parties acknowledge and agree that assessment of the potential business relationship between the parties may require disclosure of certain confidential and proprietary information to each other and/or third parties.
4. WHEREAS, the Agent/the agency will release such information as Agent deems necessary to be used by the Buyer/Seller Buying/Selling Agent/ Admin agent/ Prospective Purchaser/Buyer, Secondary agent and their parties solely for the purpose of evaluating the potential relationship between the parties (the “Permitted Business Purpose”).
5. WHEREAS, the Parties wish to assure that the confidential and proprietary Information is protected from disclosure and only used by the relevant party for the purpose of evaluating the potential business relationship between the parties.
6. WHEREAS, the parties wish to assure that upon completion of the review of the potential business relationship or termination of discussions between the parties that confidential and proprietary information is returned to the party who released it.

NOW THEREFORE, in consideration of the covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to the following:

TERMS

The Buyer/Seller Buying/Selling Agent/ Admin agent/ Prospective Purchaser/Buyer, Secondary agent and their parties agree to the following:

• • Not to contact in any way or solicit contact through third parties any developers and/or vendors of property introduced by the agent and/or agency indirectly or directly for a period of 10 years without the agent/agency’s written permission.
  • To orally interact and/or correspond only with the agent and/or agency and/or their legal advisers unless the agent/agency gives written permission for direct contact with any vendor and/or developer introduced under this NCNDA.
  • Not to circumvent the obligations agreed hereunder by any means whatsoever.

CONFIDENTIALITY

Each party to this agreement hereby agrees that it shall:

Have the affirmative obligation to hold the Confidential Information in the strictest of confidence and to protect the Confidential Information from disclosure to any third party.
Take all steps necessary to protect the Confidential Information from disclosure and shall implement internal procedures to guard against such disclosure.
Only use the Confidential Information for the Business Purpose defined above and shall not use such Confidential Information, or any part of it, for its own purposes or the purposes of any other party.
Only permit disclosure to individuals within its organization that have a bona fide need to know such information in connection with the Business Purpose.
Advise each person to which disclosure is permitted herein that such information is the confidential and proprietary property of the Agent and/or Agency and may not be disclosed to others or used for the purposes of the party to whom disclosure is being made.
Not release the confidential information to a need to know party unless they execute an agreement containing the restrictions and protections set forth in this Agreement.

DEFINITIONS

For purposes of these Covenants, the term “Confidential Information” shall mean and shall include information relating to the business, products or services of the Disclosing Party; including, but not limited to:

1. The names and addresses and contact details of any developers and/or vendors spoken of and/or introduced by the agent and/or agency to the Buyer/Seller, Buying/Selling Agent/ Admin agent/ Prospective Purchaser/Buyer, Secondary agent and their parties or his agents or advisers.
2. The names addresses and contact details of any investors and/or lenders and/or buyers spoken of and/or introduced by the Buyer/Seller Buying/Selling Agent/ Admin agent/ Prospective Purchaser/Buyer, Secondary agent and their parties to the agent and/or agency.
3. Information which relates to the any products or services offered by or through the Disclosing Party (“Products”) and their manufacture, sale or use, including financial statements, costs and expense data, marketing and consumer data, production data, know-how, trade secrets, secret processes and formulae, technical data and reports, or any other information relating to the products and services offered by or through the Disclosing Party which is not generally ascertainable from public or published information, regardless of whether such information was provided pursuant to the terms of this Agreement, by request of the other party or in any other manner;
4. Information developed or to be developed by a party to this Agreement, their affiliates, and all material and information submitted to and/or filed with a governmental regulatory agency or any other equivalent agency covering the products or services offered by or through the Disclosing Party;
5. All information disclosed in oral, written, graphic, photographic, recorded, diagrammed, digital, electronic or any other form by one party to the other as well as the content of this Agreement and the content of any and all discussions between the parties related to this Agreement or otherwise.
6. Strategic and development plans, financial condition, business plans, co-developer identities, data, business records, projections, business structure and concepts, customer lists, project records, market reports, employee lists and business manuals, policies and procedures, information relating to processes, technologies or theory and all other information which may be disclosed by Disclosing Party or to which Receiving Party may be provided access by Disclosing Party or others in accordance with this Agreement, or which is generated as a result of the relationship between the parties.

RETURN OF CONFIDENTIAL INFORMATION

Upon request from or upon termination of negotiations and evaluations between the parties. Each party shall return all documentary Confidential Information to the other. The receiving party shall not be permitted to make, retain, or distribute copies of any Confidential Information and shall not create any other documents, memorandum, correspondence, outline, presentation, in any form Whatsoever, that includes and or the Confidential Information.

NO RIGHT

Except for the Business Purpose described above, each party is not granted any right, license, assignment, or any other rights in and to any of the Confidential Information disclosed under this agreement.

LIABILITIES AND NON-CIRCUMVENTION

1. The Buyer/Seller Buying/Selling Agent/ Admin agent/ Prospective Purchaser/Buyer, Secondary agent and their parties acknowledges that the agent/agency has entered into an NCNDA with vendors and/or developers disclosed hereunder which includes the payment of a commission in the event that contracts are exchanged for the sale of land and/or property. The payment of a commission will be agreed either in writing or by email.
2. (This clause shall apply where vendors and/or developers do not agree the payment of a commission in the event that contracts are exchanged for the sale of land and/or property, but where The Buyer/Seller Buying/Selling Agent/ Admin agent/ Prospective Purchaser/Buyer, Secondary agent and their parties acknowledges that they enter into an NCNDA with agent/agency disclosed hereunder which includes the payment of a commission in the event contracts are exchanged for the sale of land and/or property.) The payment of a commission will be agreed in writing or by email, by which all parties shall be bound.
3. The Buying/Selling Agent/ Admin agent/ Prospective Purchaser/Buyer, Secondary agent and their parties acknowledges that to agree with any vendor and/or developer (or third parties acting on each of their behalves) to circumvent the contractual commission arrangements mentioned in Clause 6A/B immediately above is an extremely serious matter and is actionable by the agent/agency as a conspiracy to commit an unlawful act (namely inducing a breach of the contractual obligations set forth in this document.) which is bound to be met by an application by the agent/agency for an injunction to restrain any purchase of property or land as well as a caution against dealings at the relevant Land Registry where the land and/or property is registered.
4. The parties recognize and expressly agrees that in circumstances other than 6A/B, the extent of damages in the event of a breach by any of them of any covenant set forth herein may be impossible to ascertain and/or that the irreparable harm arising out of any breach shall be irrefutably presumed and/or that the remedy at law for any breach will be inadequate to compensate the relevant party. Consequently, it is agreed that in the event of a breach of any such covenant, in addition to any other relief to which may be entitled, the aggrieved party shall be entitled to enforce the covenant by injunctive or other equitable relief ordered by a court of competent jurisdiction.

GOVERNING LAW

Interpreting the terms of this Agreement: the parties agree that the Law of England & Wales will be applicable. All suits permitted to be brought in any court shall be in London, England.

INVALIDITY OF PART OF TIDS AGREEMENT
In the event that there shall be a final adjudication that any provision or provisions of this Agreement is, are or may become invalid, illegal or contrary to public policy that adjudication shall not affect any of the other provisions of this Agreement, and those other provisions shall therefore continue in full force and effect.

Before executing this agreement, the parties have had the opportunity to take legal advice on the contents of this document.

Each party gives permission for this agreement to be signed electronically.

IN WITNESS WHEREOF, the parties hereto have duly entered and executed this Agreement as of the day and year first above written and represent and warrant that the party executing this Agreement on their behalf is duly authorised.

By accepting the Terms and Conditions you are agreeing to be bound by the entirety of this document.