Terms and Conditions


  1. Interpretation

    1. The definitions and rules of interpretation in this condition apply in these conditions:
      Commencement Date:
      means the date on which the Contract is formed;
      Conditions:
      these terms and conditions which apply to all Contracts;
      Confidential Information:
      means all data and information obtained by one party from the other pursuant to the Contract which is expressly marked as confidential or which is manifestly confidential or which is confirmed in writing to be confidential within 7 days of its disclosure;
      Contract:
      any agreement between the Provider and the Customer for the sale and purchase of Services, incorporating these Conditions;
      Customer:
      the person(s), firm or company who purchases Services from the Provider;
      Customer’s Domain Name:
      means the domain name(s) notified by the Customer to the Provider in writing;
      Customer’s Material:
      means any information including but not limited to materials, text, images, web page artwork, page layouts and/or artwork specifications belonging to the Customer or otherwise supplied or provided by the Customer to the Provider for inclusion in or on the Website or in connection with the creation or operation of the Website from time to time for the purposes of the Contract and any email message(s) transmitted by or to the Customer from, to or via the Server;
      Email Hosting:
      means the receiving, transmission and storing of electronic mail messages via or on the Server as set out in the Proposal;
      Intellectual Property Rights:
      all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;
      Managed Server Hosting:
      means providing and managing hardware for the Customer as set out in the Proposal;
      Price:
      subject to Condition 7, the price for the Services, unless otherwise agreed or varied by the Provider in writing, shall be the price set out in the Proposal;
      Proposal:
      means a written proposal agreed between the parties, which sets out details of the Services that are to be provided by the Provider to the Customer;
      Provider:
      iNET Solutions UK Limited (Company Number: 06834843) of 8/9 Feastfield, Town Street, Horsforth, Leeds, LS18 4TJ;
      Server:
      means the computer server(s), hardware, operating systems and software (as enhanced from time to time) belonging to or used by the Provider and which provides a link to the world-wide web via the internet;
      Services:
      means any services that the Customer has asked the Provider to provide, as set out in the Proposal;
      Software:
      means any software program(s), manuals, and other documentation written by the Provider or to be written or customised by the Provider to the specification of the Customer, as set out in the Proposal;
      Third Party Property:
      means any graphics, screen designs, audio-visual effects, pictures, software or other proprietary material belonging to a third party and which form part of the Website;
      Website:
      means the Customer’s website;
      Website Design:
      means the graphical, technical and navigational design of the Website as described in the Proposal;
      Website Hosting:
      means the storing of the Website on the Server and making the same available for use by the Customer as set out in the Proposal; and
      Website Management:
      means the management of the Website as set out in the Proposal.
    2. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
    3. Reference to a party is a reference to a party to the Contract.
    4. Words in the singular include the plural and in the plural include the singular.
    5. Reference to a person includes a firm, company and corporation and vice versa.
    6. A reference to one gender includes a reference to the other genders.
    7. Condition headings do not affect the interpretation of these Conditions.
  2. Application of Terms

    1. Subject to any variation under Condition 2.2, the Contract shall be on these Conditions to the exclusion of all other terms and conditions (including without limitation any terms or conditions which the Customer purports to apply under any document).
    2. These Conditions apply to all of the Provider’s sales and any variation to these Conditions and any representations about the Services shall have no effect unless expressly agreed in writing and signed by the Provider. The Customer acknowledges that it has not relied on, or been induced to enter into the Contract by, and will have no remedy in respect of, any written or oral statement, promise or representation made or given by or on behalf of the Provider which is not set out in the Contract. Nothing in this Condition shall exclude or limit the Provider's liability for fraudulent misrepresentation.
    3. Acceptance of the Proposal by the Customer shall be deemed to be an offer by the Customer to buy Services subject to these Conditions. No such offer shall be deemed to be accepted by the Provider until a written acknowledgement is issued by the Provider or (if earlier) the Provider commences performance of the Services.
    4. The Customer shall ensure that the terms of the Proposal are complete and accurate.
    5. Any Proposal is valid for a period of 30 days only from its date, provided that the Provider has not previously withdrawn it.
    6. If either party requires any variations or additions to the Proposal then the parties may agree a new Proposal superseding the existing Proposal.
  3. Design of the Website

    1. Where Website Design forms part of the Services, Condition 3 shall apply.
    2. As soon as is reasonably practical after the Commencement Date the Provider will:
      1. discuss with the Customer its requirements for the Website;
      2. draw up and agree a Proposal with the Customer, which will meet the Customer’s requirements;
      3. develop any Software required and design and build a Website in accordance with the Proposal;
      4. test the Website to ensure that the Website complies with the Proposal; and
      5. deliver to the Customer a working copy of the Website and allow the Customer 7 days to test ("the Test Period") the Website.
    3. Before the expiry of the Test Period the Customer will acting reasonably confirm by notice to the Provider that:
      1. the Website complies with the Proposal and is accepted;
      2. subject to Condition 3.5, the Website has not in the Customer’s reasonable opinion complied with the Proposal together with a list of the amendments and/or modifications it requires. In this event the Customer will allow the Provider a reasonable opportunity to rectify, replace and re-test the Website before redelivering it to the Customer for a further Test Period; or
      3. the Customer requires additional time to complete its tests.
    4. If the Customer fails to notify the Provider before the expiry of the Test Period as to whether the Website is accepted or not in accordance with Condition 3.3, the Customer will be deemed to have accepted the Website.
    5. The Customer shall not refuse acceptance of the Website where the Software is configured and functions materially in accordance with, and the Website is designed in accordance with, the Proposal but for errors of a minor nature.
    6. Subject to payment of the Price and any other sums due under the Contract, where Website Hosting does not form part of the Services, the Provider will provide the Customer with a copy of the Website (for the avoidance of doubt excluding the source code) either electronically or on CD-ROM.
  4. Hosting of the Website

    1. Where Website Hosting and/or Email Hosting, and/or Managed Server Hosting form(s) part of the Services, Condition 4 shall apply.
    2. The Provider will take all reasonable steps necessary to:
      1. store the Website on the Server and make it available for access by users of the internet from the date agreed between the Provider and the Customer in writing; and
      2. ensure that the Customer’s Domain Name links users of the internet to the homepage of the Website on the date specified in Condition 4.2.1 provided that the Customer has, unless otherwise agreed, notified the relevant domain name registrar that the Website will relocate to the Server and provided the registrar with all requisite information.
    3. Where the Provider has not designed the Customer’s Website, the Customer acknowledges and agrees that the Provider will not be able to comply with Condition 4.2 until the Customer provides the Provider with a copy of the Website either electronically or on CD-ROM.
    4. The Provider will exercise all reasonable skill, care and diligence in the performance of its obligations under the Contract as is expected of an experienced provider of website hosting services.
    5. The Provider will provide that the link between the Server and the internet is capable of handling the number of gigabytes a month of bandwidth transmission as set out in the Proposal. In the event that this level of bandwidth is exceeded, the Provider and the Customer will agree the terms upon which additional bandwidth is to be made available.
    6. The Provider will use its best endeavours to provide users of the internet with uninterrupted access to the Website on a 24 hour, 7 day-a-week basis.
    7. If users of the internet are unable to access the Website for a continuous period of more than 3 hours due to a fault with the Server, the Provider will immediately arrange for the most up to date copy of the Website to be stored on an alternative server which provides equivalent links to the internet as the Server until such time as access to the Website via the Server is resumed. The Provider shall immediately notify the Customer if it is necessary to take such action as is contemplated by this Condition 4.7.
    8. The Provider will:
      1. perform such maintenance and other actions as are reasonably required to maintain the Server on which the Website is located and all telecommunication links in full working order; and
      2. undertake whenever possible all significant maintenance between the hours of 00.00 and 06.00. However, the Provider reserves the right to carry out any emergency maintenance work at any time.
    9. The Provider will provide the Customer with reasonable notice of scheduled maintenance and if it is necessary for the Provider to carry out any emergency maintenance which will prevent users of the internet from gaining access to the Website, the Provider will as soon as reasonably practicable notify the Customer.
    10. The Provider will, on request by the Customer, as soon as reasonably possible suspend availability of the Website over the internet. The Provider will likewise, on request by the Customer, as soon as reasonably possible resume the provision of access to the Website following such suspensions.
    11. The Provider undertakes to establish and maintain reasonable safeguards against the destruction, corruption, loss or unauthorised alteration of the Website, including all back up copies.
    12. The Provider will at all times during the continuance of the Contract maintain and use industry standard virus-protection procedures and software on the Server.
    13. The Provider will where agreed provide the Customer with such facilities as the Customer may require in order to carry out updates to the Website.
    14. The Customer shall keep secure any password(s), identification information and other confidential information relating to its email account(s) and shall notify the Provider immediately of any known or suspected unauthorised use of the account or breach of security, including without limitation loss, theft or unauthorised disclosure of its password and/or identification information.
    15. The Customer acknowledges that the Provider does not operate or exercise control over, and accepts no responsibility for the content of the Website or the Customer’s Materials on the Server.
    16. The Customer warrants that any material contained in or linked to the Website and (if applicable) contained in any discussion group, chat room or bulletin board which forms part of the Website and (if applicable) contained in any email messages transmitted by the Customer via the Server will not be illegal, obscene, threatening, defamatory, discriminatory, promote illegal or unlawful activity, or be otherwise actionable or in violation of any rules, regulations or laws to which the Website is subject. The Customer shall be solely responsible for the accuracy, legality, and compliance with the relevant rules and regulations of the Website.
    17. The Customer warrants that it will not knowingly transmit via the Server any unsolicited spam emails or email messages containing viruses.
    18. The Customer warrants that it has obtained all necessary consents, approvals and licences for the use of any Third Party Property supplied to the Provider by the Customer and that the use of such Third Party Property will not violate any Intellectual Property Rights belonging to any third party.
    19. In the event of allegations of an infringement of Condition 4.16 and/or Condition 4.17 and/or Condition 4.18 above, or if the Provider reasonably suspects such an infringement has occurred, the Provider may, without giving notice to the Customer and without liability, suspend availability of the Website over the internet or remove the Website from the Server, pending clarification of such allegations or suspicion.
    20. The parties shall notify each other as soon as reasonably possible after becoming aware of any third party allegation of a breach of the provisions of Condition 4.16 and/or Condition 4.17 and/or Condition 4.18 above.
  5. Management of the Website

    1. Where Website Management forms part of the Services, Condition 5 shall apply.
    2. Subject to Condition 5.3 below and subject to payment of the Price and any other sums due under the Contract, the Provider shall, as soon as reasonably possible, amend, modify or replace any of the Website with such new material or replacement pages as may from time to time be supplied by the Customer to the Provider.
    3. The Provider reserves the right to refuse to carry out such amendments, modifications or replacements where, in its reasonable opinion such amendments, modifications or replacements are or are likely to be construed as being illegal, obscene, threatening, defamatory, discriminatory, promoting illegal or unlawful activity, or are otherwise actionable or in violation of any rules, regulations or laws to which the Website is subject. The Provider shall immediately notify the Customer in writing and state in reasonable detail, the reason for such refusal, and the Provider shall immediately at the request of the Customer attend a meeting for the purpose of discussing the matter further.
    4. Save as provided in Condition 5.2, the Provider shall not amend, modify, replace or alter the content or structure of the Website at any time without the prior written approval of the Customer.
  6. Domain Name Registration

    1. If the Customer requests that the Provider registers the Customer’s Domain Name on its behalf the Customer acknowledges and accepts that the Provider will instruct a third party to carry out the registration.
    2. The Provider shall not be liable to the Customer in respect of any damage or loss should the third party fail to register the Customer’s Domain Name.
  7. Price

    1. Unless otherwise agreed or varied by the Provider in writing, the price for the Services shall be the Price set out in the Proposal.
    2. The Provider shall be entitled to increase or decrease the Price on the anniversary of the Commencement Date. The Provider will notify the Customer of any changes to the Price, which will take effect one month after notice of the change has been given.
    3. Unless otherwise agreed by the Provider in writing, the Price shall be exclusive of any value added tax.
    4. In addition to the Price, the Customer shall pay for any additional:
      1. work carried out by the Provider, at the Customer’s request, which the Provider was not originally contracted to undertake; and
      2. work required as a result of any matter that the Provider did not know existed at the date of the Proposal and the Provider could not reasonably have foreseen; and
      3. Services which are supplied pursuant to any estimate or provisional sum contained in the Proposal; and
      4. work or costs as a result of the Customer providing inadequate or inaccurate instructions or information to the Provider or arising from the Customer failing to comply with any of the Conditions; and
      5. work or costs resulting from the Customer changing the Proposal after it has been accepted by both parties.
    5. Any additional costs payable by the Customer under Condition 7.4 will be charged at the standard rate of the Provider for labour, as set out in the Proposal. The standard rate set out in the Proposal may be decreased or increased from time to time, but any increase in the rate shall be reasonable, shall be in line with any increase for other customers of the Provider and shall only take effect one month after notice of the increase has been given to the Customer.
  8. Payment

    1. Subject to Condition 8.2, unless the Contract provides otherwise:
      1. any part of the Price relating to Website Design shall be payable within 30 days from the date of the invoice issued by the Provider; and
      2. any part of the Price relating to Website Hosting and/or Email Hosting and/or Managed Server Hosting shall be payable in advance, as set out in the Proposal; and
      3. any part of the Price relating to Website Management shall be payable by the due date of the invoice issued by the Provider.
    2. Where any part of the Price relating to Website Design exceeds £750.00, Condition 8.1.1 shall not apply and 50% of the Price shall be due, as a deposit, on the date of the Customer’s written acceptance of the Proposal; and 50% of the Price shall be due 7 days before the date on which the Website is to be made available for access by users of the internet. The Customer agrees and accepts that the Services set out in the Proposal will not be started by the Provider until the deposit has been received by the Provider in full; and that the Website will not be made available for access by users of the internet until the Provider has received the Price and until no other sums due under the Contract are outstanding.
    3. Any other amounts due under the Contract shall be payable within 30 days from the date of the invoice issued by the Provider.
    4. Time for payment shall be of the essence.
    5. No payment shall be deemed to have been received until the Provider has received cleared funds.
    6. All payments payable to the Provider under the Contract shall become due immediately on its termination despite any other provision.
    7. The Customer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Customer has a valid court order requiring an amount equal to such deduction to be paid by the Provider to the Customer.
    8. Without prejudice to any other remedies of the Provider, if the Customer fails to pay the Provider any sum due pursuant to the Contract, the Customer shall be entitled to:
      1. charge interest to the Customer on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Yorkshire Bank Plc, accruing on a daily basis until payment is made, whether before or after any judgment; or
      2. notwithstanding Condition 8.8.1, claim interest at its discretion under the Late Payment of Commercial Debts (Interest) Act 1998; and
      3. require that the Customer make a payment in advance of any Services or part of the Services not yet supplied; and
      4. not provide any further Services or part of the Services (including without limitation support and/or availability of any hardware, software and internet based Services) until the Customer pays the outstanding amount(s) in full; and
      5. treat the Contract as repudiated by the Customer; and/or
      6. appropriate any payment made by the Customer under any other Contract with the Provider to pay for any outstanding amounts as the Provider may, in its sole discretion, think fit.
    9. On termination of the Contract, howsoever caused, the rights of the Provider in this Condition 8 shall remain in effect.
  9. Provider’s Obligations

    The Provider shall:

    1. not send out any unsolicited emails for itself or on behalf of the Customer without the Customer’s prior written consent and shall indemnify the Customer for and against any claims arising from such activity if unauthorised;
    2. not "frame" the Customer’s Material or any Third Party Property;
    3. not link the Website to any third party’s site without the prior written consent of the Customer;
    4. unless otherwise agreed, not use itself or, through any other party or, make available any information posted to the Website by users, including number of users, regularity of use, names, addresses, contact details or any other details, all of which it will regard as highly confidential;
    5. comply with all applicable rules, regulations, codes of practice and laws relating in any way to the creation and operation of the Website and the Server; and
    6. maintain any additional service levels as may be set out in the Proposal.
  10. Customer’s Obligations

    1. The Customer warrants that it has the necessary authority to enter into the Contract.
    2. The Customer shall pay the Price and any additional sums due under the Contract as and when due.
    3. The Customer shall co-operate and provide all information and documentation including any materials reasonably requested by the Provider to enable the Provider to perform its obligations under the Contract.
    4. The Customer warrants that all of the information provided to the Provider is true and accurate in all material respects and acknowledges that the Provider is relying upon such information in relation to the provision of the Services.
    5. If the Provider is prevented or delayed from performing any of its obligations under the Contract by reason of any act or omission of the Customer then, notwithstanding anything else contained in the Contract, the time for performing such obligation shall be extended at least by the period of such delay, and any future obligations dependent on the performance of the obligation concerned shall likewise have their time extended at least by the period of such delay.
    6. The Customer shall indemnify the Provider against, all costs (including without limitation legal costs on an indemnity basis), expenses, charges and losses sustained or incurred by the Provider (including, but not limited to, any direct, indirect or consequential losses, loss of profit, loss of reputation, loss or damage to property, loss of opportunity to deploy resources elsewhere and those arising from injury to, or death of, any person) arising directly or indirectly from the Customer’s fraud, negligence or failure to comply, or unreasonable delay in complying, with any of the Conditions.
  11. Intellectual Property Rights

    1. The Customer acknowledges and agrees that unless otherwise agreed in writing the Intellectual Property Rights subsisting in the Software (including the source and object code) shall be and remain vested in the Provider and nothing in the Contract shall operate as an assignment to the Customer of such Intellectual Property Rights.
    2. The Provider acknowledges and agrees that unless otherwise agreed in writing the Intellectual Property Rights subsisting in the Customer’s Material (other than Third Party Material) shall be and remain vested in the Customer and nothing in the Contract shall operate as an assignment to the Provider of such Intellectual Property Rights.
    3. Subject to payment of the Price and any other sums due under the Contract, the Provider acknowledges and agrees that unless otherwise agreed in writing the copyright subsisting in any graphic design produced by the Provider is transferred to the Customer.
    4. The Provider acknowledges and agrees that unless otherwise agreed in writing the right to the Customer’s Domain Name vests and shall remain vested in the Customer and its licensees and nothing in this Agreement shall operate as an assignment or licence to the Provider of such right to the Customer’s Domain Name.
    5. The Customer grants to the Provider, for the duration of the Contract, a royalty-free, non-exclusive, non-transferable licence to use the Customer’s Material for the purposes of the Contract.
    6. Subject to Condition 11.8, the Provider agrees to indemnify and hold harmless the Customer from and against any and all Intellectual Property Right infringement claims affecting the Website except to the extent that the said claim concerns any Third Party Property or Customer’s Material supplied to the Provider by the Customer for inclusion in or on the Website in which case the Customer agrees to indemnify and hold harmless the Provider from and against any and all such claims.
    7. Each party will give prompt notice to the other upon becoming aware of such a claim and the parties will as soon as practicable consult to decide what steps shall be taken to defend the same, if appropriate, or to prevent or terminate such infringement.
    8. The Customer will have no liability to the Provider under Condition 11.6 if the Intellectual Property Right infringement directly results from any change, amendment or modification made by the Provider to the content or structure of the Website and the Provider will have no liability to the Customer under Condition 11.6 if the Intellectual Property Right infringement directly results from any change, amendment or modification made by the Customer to the content or structure of the Website.
  12. Reports

    1. Where the Provider has agreed as part of the Services to provide statistical reports to the Customer, the Provider will provide the Customer with access to an online report containing statistical information for the previous 3 months which shall include the items set out in the Proposal.
  13. Warranties

    1. The Provider warrants:
      1. that it will use its best endeavours to ensure that the Website and the Server will be and remain free from defects and be accessible for users of the internet;
      2. notwithstanding the above the Provider will fix or patch, rectify or remedy any material defects or deficiencies within a reasonable time of notification or discovery of the same. However, the Customer acknowledges that not all defects or deficiencies are readily apparent and that the involvement of third parties may delay rectification of defects or deficiencies.
      3. that it is insured for all liabilities herein; and
      4. that it will keep the Server and associated software updated and ensure that all publicly available upgrades and software patches will be applied as soon as possible.
  14. Data Protection & Confidentiality

    1. Each party warrants that, if appropriate, it is registered for the purposes of the Data Protection Act 1998 and that it will comply with its provisions. Each party shall indemnify the other in respect of any losses, liabilities or damages suffered or incurred by the other arising out of or in connection with any claims, proceedings or actions which are bought against it as a result of a breach by it of the provisions of this Condition 14.1.
    2. The Provider will carry out:
      1. an incremental on-site back up of all data added to the Website once a day, seven days a week; and
      2. a weekly off-site back up of the entire Website, on the same day of each week, once a week.
    3. The Provider will create, maintain and store at a site separate to the Server for a period of 6 months in a durable, unalterable medium such back up data and material.
    4. Each party will not disclose the other party’s Confidential Information to a third party or use, reproduce, distribute, disclose or otherwise disseminate the other party’s Confidential Information without the prior written consent of the other party other than on a need to know basis to its employees. The parties agree that Confidential Information will only be used for the purposes of the Contract. These restrictions will not apply to any Confidential Information which:
      1. is or becomes generally available to the public other than as a result of a breach of an obligation under this Condition 14.4;
      2. is acquired from a third party who owes no obligation of confidence in respect of the information; or
      3. is or has been independently developed by the Provider or was known to it prior to receipt.
    5. The obligations of confidentiality set out in Condition 14.4 shall survive termination of this Agreement.
  15. Security

    1. In the event that the security or integrity of the Server is breached by an unauthorised third party the Provider will inform the Customer immediately and, if so instructed by the Customer, will take the Website offline and install appropriate patches to the Server and associated software to fix the security failures before returning the Website online. In the event that the Provider is unable or unwilling to take the appropriate action within 72 hours the Customer will be entitled to terminate the Contract forthwith and relocate the Website to another server of its choice.
  16. Commencement & Termination

    1. The Contract will commence on the Commencement Date and will continue until terminated by the Customer on giving to the Provider at least 30 days prior written notice or by the Provider on giving to the Customer at least 30 days prior written notice.
    2. Either party may terminate the Contract forthwith upon written notice to the other party, if:
      1. the other party commits a material breach of the Contract, which if capable of remedy, is not remedied within 30 days of notification of the breach to the defaulting party; or
      2. the other party goes into liquidation, becomes insolvent or makes any composition with its creditors, has a receiver or administrator appointed or ceases or threatens to cease to trade.
  17. Effects of Termination

    1. If the Contract is terminated for whatever reason, the Provider agrees to work with any successor host notified to it by the Customer to ensure and effect as far as the Provider is reasonably able, a smooth transfer of the Website (for the avoidance of doubt excluding the source code).
    2. Termination of the Contract will be without prejudice to any accrued rights of either party.
    3. Any provision of the Contract which is intended by the parties to survive termination (whether expressly or impliedly), shall so survive including but not limited to Conditions 11 (Intellectual Property Rights), 14 (Data Protection and Confidentiality), 17 (Effects of termination), 19.6 (General).
  18. Liability

    1. Each party’s total liability to the other under the Contract shall be limited to:
      1. where such liability relates to Website Design, the Price; or
      2. where such liability relates to any other part of the Services, the Price attributable on a pro rata basis to the month in question.
    2. Each party shall be liable without limitation for death or personal injury resulting from its own negligence or that of its employees, agents or sub-contractors.
    3. The Provider shall not be liable to the Customer for any indirect or consequential loss the Customer may suffer, even if the loss is reasonably foreseeable or the Provider has been advised of the possibility of the Customer incurring it.
    4. Neither party will be liable to the other if it is prevented from or delayed in the carrying on of its business or performance of the Contract due to circumstances beyond its reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting suppliers provided that, if the event in question continues for a continuous period in excess of 30 days, the Customer shall be entitled to give notice in writing to the Provider to terminate the Contract.
  19. General

    1. The Provider may assign or sub-contract its rights or obligations under the Contract without the prior written consent of the Customer.
    2. The failure to exercise or delay in exercising a right or remedy provided by the Contract or by law shall not impair or constitute a waiver of the right or remedy or an impairment of or a waiver of other rights or remedies. No exercise or partial exercise of a right or remedy provided by the Contract or by law shall preclude any further exercise of the right or remedy or the exercise of any other right or remedy. Any waiver of a breach of any of the terms of the Conditions or default under the Conditions shall not operate as a waiver of any further breach or default and shall not affect the other terms of the Contract.
    3. The rights and remedies of the Provider under the Contract are cumulative and not exclusive of any rights or remedies provided by law.
    4. If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
    5. Notice must be served either personally or sent by prepaid registered post to the address of the party given in the Contract or to such other address as each of the parties may have notified to the other party. Any notice served personally will be deemed to have been delivered on the day of service and any notice sent by post will be deemed to have been delivered 48 hours after posting.
    6. The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
    7. The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

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