Terms of Service
Effective From: Jan 01, 2019
Information stored in Instant BSI: When you use Instant BSI you or your agents provide us with electronic files ("Files") such as images, and text and populate our database with text and other information ("Content"). At all times this information remains the property and responsibility of the relevant party (e.g. Inspector / Viewer). These Terms don't give us any rights to these Files or Content above their storage and use to present the Instant BSI experience and benefits.
Distribution of Files and Content: Our Services let you share Inspections (Files and Content), the expectation and requirement is on the customer to ensure that this information is only shared with relevant people/organisations and any changes to that sharing should be maintained by the customer admin.
Your Responsibilities: You are responsible for your conduct. Your Content, Files and you must comply with our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.
We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. However we have no obligation to do so. We are not responsible for the content people post and share via Instant BSI.
Instant BSI ServiceYou may use our Services only as permitted by applicable law, including export control laws and regulations. The Services are protected by copyright, trademark, and other Irish, EU and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, Instant BSI trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
Billing: Instant BSI charges on the last day of the month (irrespective of it being a weekday or weekend/ public holiday) for the duration of time and number of engines at the rate agreed with you the Customer. Our terms are strictly 15 days from this invoice. In the event of one off inspections this fee is charged at the start of the 3 week period. We reserve the right to remove content and accounts without warning if an account is in arrears or outside our payment terms. That said we will make best efforts to work with a customer to rectify any billing issues and notify of any issues before going down this route.
No Refunds: You may cancel your Instant BSI Account at any time. Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their Paid Account subscriptions within 14 days of signing up for, or renewing an Account.
Changes: Our prices are negotiated at the point of customer fleet plan / one off inspection purchase, these fees can be subject to change but will notice will be given to the primary email a minimum of 30 days in advance of this.
Service Companies: Using Instant BSI as part of a company. If you join a Company Instant BSI Group, you must use it in compliance with your organisation's terms and policies. Please note that accounts are subject to your organisation's control. Your administrators may be able to access, disclose, restrict, or remove information in or from your Instant BSI Inspections / Company Information. They may also be able to restrict or terminate your access to an account.Termination: You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
- you are in breach of these Terms,
- you are using the Services in a manner that would cause a real risk of harm or loss to us or other users, or
- you don’t have an active subscription and have been in active for 12 months.
We’ll provide you with reasonable advance notice via the email address associated with your company account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Content and Files from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.We won’t provide notice before termination where:
- you’re in material breach of these Terms,
- doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
- we're prevented/ prohibited from doing so by law.
Discontinuation of Services: We may decide to discontinue the Services in response to unforeseen circumstances beyond Nebula Innovations control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Content and Files from our systems. As we bill in arrears for all fleet plans no refund will be made for termination of Services.
Services “AS IS”: We aim to provide the best possible Service, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, NEBULA INNOVATIONS AND ASSOCIATED COMPANIES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. This disclaimer may not be enforcable in your country but where relevant it is in effect.
Limitation of Liability: WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR NEBULA INNOVATIONS OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, NEBULA INNOVATIONS, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR: i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT NEBULA INNOVATIONS OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, NEBULA INNOVATIONS, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. NEBULA INNOVATIONS AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF €200 EUR OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT SERVICE PLAN on INSTANT BSI.
Resolving Disputes: We aim to address disputes where possible without needing formal legal intervention. Before filing a claim against Nebula Innovations, you agree to try to resolve the dispute informally by emailing email@example.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Nebula Innovations may bring a formal proceeding.
Jurisdiction: Jurisdiction for disputes is Ireland and courts based in Dublin and/ or Drogheda Co Louth.
Controlling LawThese Terms will be governed by Irish and EU law except for its conflicts of laws principles. However, some countries have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.
Entire Agreement: These Terms constitute the entire agreement between you and Nebula Innovations with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment: Nebula Innovation’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void.Modifications: We may revise these Terms from time to time to better reflect:
- changes to the law,
- new regulatory requirements, or
- improvements or enhancements made to our Services.
If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an Instant BSI internal notification. These updated terms will be effective no less than 30 days from when we notify you. If you don’t agree to the updates we make, please do not sign up or open an account. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.