AGREEMENT AS TO TERMS AND CONDITIONS OF BUSINESS

These terms and conditions form a contract between you, (a person or legal entity with details you have provided to us on making your order) purchasing services from us, (Servelocity Ltd whose registered office is situate at 3 The Parade, Castletown Isle of Man British Isles IM9 1LG or at a place from time to time which will be duly recorded at the Isle of Man Companies Registry, Finch Hill House, Bucks Road, Douglas, Isle of Man) made this day the day your request for provision of services from us is accepted by us result ing in a delivery of these terms to you in exchange for your agreement to pay for such services.

Further the terms of our contract are agreed as follows:

1. DEFINITIONS

1.1 We and our, ourselves are to be defin ed to be Servelocity Ltd and us aforesaid

1.1.1 For the avoidance of doubt us with respect to the indemnities granted herein to us is always to include our directors, suppliers, agents, assigns, customers, officers and employees.

1.2 customer and your yourself is define d to be you aforesaid

1.3 services are supplies from us to you for valuable consideration

2. CAPACITY

2.1 It is acknowledged that you are representing to us that are purchasing services from us as part of your profession, trade, vocation or occupation or for some proposed trade or business and not making this purchase or entering into this contract as a consumer unless you give us notice us in writing to the contrary within 7 days from the date hereof

2.2 You represent to us that you have full capacity to enter into this contract in particular that you are of legal age or otherwise fully able to enter into this contract and be bound by its terms or in respect of purchases made by an individual on behalf of a legal entity you represent and warrant to us that this individual has the fully authority to enter into this contract on their behalf as the fully authorised agent officer or attorney of the legal entity and that the legal entity will be fully bound by this individuals actions.

2.3 You intend to create legal relations and be fully bound by the terms of this contract

3. CONTRACT TERM

3.1 It is understood that the initial period of this contract between us and you shall be thirty days however it is hereby acknowledged that you reserve cancellation rights as defined in clause 10.1 detailing the initial 30 day moneyback period. In the case of server solutions we additionally agree and acknowledge that for the period of the contract you reserve the right to change the services provided to you including the ability to change to a less expensive solution during the contract term without penalty.

3.2 It is understood that in the case of the supply of domain name services that in some cases and in particular but not limited to the case of .uk domains supplied that the minimum contract period stipulated shall be an initial period two years and that you accept that in such case that the initial contract period shall be two years

3.3 It is agreed that unless you give notice to us within five (5) days of the expiry of the initial period or within five (5) days of the expiry of any subsequent thirty (30) day period that this contract shall continue and remain in force for an additional periods of thirty (30) days self renewing.

4. TERMS OF SERVICE

4.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server or on any of our Servers and we shall have no liability for any loss of or damage to any data stored on the Server or any of our Servers notwithstanding the purchase of any off site backup service.

4.2. You shall effect and maintain adequate insurance cover in respect of any loss of or damage to data stored on the Server including cover for any consequential or other loss that you may incur as a result of such loss or damage.

4.3 Connection to our Service is via a fixed telecommunications link or dial up connection. This Contract, unless specifically stated on the Order Form, does not include the provision of telecommun ications services necessary for connection to our Service.

4.4 Requests relating to the provision of Service are, unless otherwise agreed to be made or confirmed in writing or by electronic mail.

4.5 We will use all reasonable endeavours to adhere to any dates proposed by either us or you for the provision of Service; however any such date is to be treated as an estimate only and we accept no liability for failure to meet such dates.

4.5.1 We will use all reasonable endeavours to provide reliable Service; however, it is not practicable to provide Service free of faults and we do not undertake to do so. In the event of a fault in Service, you must report the fault by telephone telefax or our online ticketing system or electronic mail to an address specified for such a purpose on our website to our Technical Support Department at the appropriate numbers or addresses or other such numbers or addresses that we may from time to time provide. Upon receipt of the fault report, we will take all proper steps without undue delay to correct the fault. We shall not, in any event, be liable for interruptions of Service or downtime of a Server Servers or any part of our network unless you have purchased an Service Level Agreement (SLA) and then such liability shall be restricted to that specified within the terms of the SLA as defined from clause 4.7.

4.6 We may:

4.6.1 Temporarily suspend for the purpose of repair, maintenance or improvement, part or all of Service, without notice. We undertake to use reasonable endeavours to restore Service as soon as practicable after any such suspension,

4.6.2 Give or update instructions regarding the use of Service which in our reasonable opinion are necessary in the interests of safety, or to maintain or improve the quality of Service to our customers. Any such instructions shall, whilst they are in force, be deemed to form part of this Contract,

4.6.3 Vary the technical specification of Service for operational reasons. The exact technical specification of every Server at the time of enquiry can be found on our website.

4.7 Our Service Level Agreement if purchased by a customer is as follows:

4.7.1 Service Availability - Our Service Level Agreement (SLA) is to have the Servers agreed with you to be covered by an SLA and located at Telehouse to be available 99.5% of the time.

4.7.2 Service Level Agreement <96> At your request, for servers covered by an SLA we will calculate your "Service Unavailability" in a calendar month. "Service Unavailability" consists of the number of minutes that the specified server located at Telehouse was not available to the you in excess of the 0.5% permitted unavailability, and includes unavailability associated with any maintenance at any of our nodes other than Scheduled Maintenance. Outages will be counted as Service Unavailability only if you report an outage to us by our ticketing system or by fax or email within five days of the outage. Service Unavailability will not include Scheduled Maintenance, unavailability of individual Services (such as email, web server or other user-configurable application) or any unavailability resulting from (a) your applications, equipment, or facilities, (b) your acts or omissions, or any use or user of the Service authorized by you or (c) reasons of Force Majeure or other circumstances beyond our reasonable control (as defined in 17.1 or elsewhere in these terms).

4.7.3 Compensation - For each complete hour of Service Unavailability, in excess of the 0.5% permitted unavailability, in any calendar month, at your request you shall be credited for the pro-rated charges for one day of the our Monthly Fee for the Service with respect to which this SLA has not been met.

4.7.4 Scheduled Maintenance - "Scheduled Maintenance" shall mean any maintenance at any of our nodes of which you are notified 48 hours in advance, and maintenance that is performed during a standard maintenance window on Tuesdays from 2 AM to 6 AM local time on any of our nodes. Notice of Scheduled Maintenance will be provided on our website or by email directly to your recorded email address or your registered mobile phone by SMS.

4.7.5 You are solely responsible for providing us with accurate and current contact information for your designated points of contact. We will be relieved of its obligations in this agreement if our contact information for you is out of date or inaccurate due to your action or omission or if our failure is due to reasons of Force Majeure or other circumstances beyond our reasonable control (as defined in these terms).

4.8 Should you engage us to register domains on your behalf you agree to abide by any additional terms and conditions and policies posted on our website pertaining to such registrations and which are required to be posted by ICANN accredited registrars and other bodies responsible for the proper registration of domains and provision of domain name registration services.

5. ACCEPTABLE USE

5.1 We reserve the right to refuse service and /or access to its servers to anyone.

5.2 We will not be required to give any reason should we refuse to provide service and/ or access.

5.3 You represent, undertake, and warrant to us that you will not use, or allow or allow our services or hardware to store, transmit, link to or post any of the following content:

a) Illegal Material including copyrighted works for which you are not the copyright holder and do not have the permission copyright holder in particular but not limited to commercial audio, video or music files or any material the possession of which is in violation of any Federal, State or Local regulation including

b) <91>warez<92> such as pirated software, ROMS, emulators, phreaking codes or information, hacking information, password cracking and IP spoof ing material

c) Adult Material including pornography, erotic images lewd or obscene content as judged by us. < o:p>

d) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane, breach of confidence or privilege, menacing, to cause needless anxiety or is otherwise objectionable

e) Any material containing a virus or other hostile computer program such as a Trojan horse

5.4 You represent, undertake and warrant to us that you will not use or allow our services or hardware to be used by any other person to partake in any of the following activities:

a) Any criminal or unlawful activity including conspiracy, any attempt, incitement or aiding, abetting or procurement thereto

b) infringement of the rights of any third party including but not limited to the infringement of any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction

c) Any attempt to gain unauthorised access to any electronic device, system or network without consent from the owner of the device, system or network is strictly prohibited. This includes (but is not limited to): Port scanning (using nmap, Retina etc.) and the use of "root kits" to take advantage of known exploits of systems.

d) Any behaviour which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable or discriminatory on ground of race, sex, sexual orientation or legality

e) Any behaviour which could be deemed forgery or as impersonation of another including that of another network device

f) The distribution of any content mentioned in any part of clause 5.3 above

g) The distribution of unsolicited email known as email spamming or collection of responses from <91>spam<92> email or any other mass distribution of unsolicited advertising such as but without limitation those throug h an online messaging system

h) The execution on our hardware of any program or code which by virtue of the resources such as bandwidth, file space or CPU units required to execute it may lead to serious degradation of the usability of our service to our other customers as judged by a senior member of our staff however it may be possible to agree an additional fee for such use should such use be in the normal course of your business by your purchase of additional units of bandwidth, file space or CPU, upgrade to a different server or other means.

5.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.

5.6 You shall observe the procedures which we may from time to time prescribe and shall make no use of the services provided to you which are detrimental to our other customers.

5.7 You warrant and undertake that all email is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

5.8 In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.

5.9 Any access to other networks connected to us must comply with the rules in force for connection to those other networks or other additional terms included in our Acceptable Use Policy (AUP) all of which will be posted on our website from time to time.

5.10 You will make reasonable efforts to maintain the security of your server solution.

5.11 Should you breach our Acceptable Terms of Use or any other condition of this contract we reserve the right to suspend or terminate the service or services we provide to you without offering you any refund.

6. RESELLER TERMS

6.1 If you are or become a reseller of our Services you will continue to be bound by these terms and conditions; you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these terms and conditions.

6.2 You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any contract binding on us or act as our agent or attorney to third parties in any way whatsoever.

6.3 You may resell our services provided that you have paid our charges and that you do so based on your own technical and legal responsibility and never sell bandwidth or speed of service greater than that of the service you have contracted for with us. Furthermore you must not purport or claim that the resale is a resale of our service. You will hold us indemnified against any claims from a party to whom you have resold and will ensure that your own terms and conditions in any resale contract include and comply with these terms and conditions. If we agree any change in Service this Contract is to be treated as varied accordingly.

6.4 No default by your customers shall in any way affect, modify or limit your obligations under the Contract.

7. PAYMENT POLICY AND RIGHT TO SUSPEND OR TERMINATE SERVICE FOR NON PAYMENT

7.1 In order to streamline our accounting procedures we offer a limited choice of payments options. Payment may be made by credit or debit card for all funds due or for annual payment by sterling cheque or other direct credit delivered to our Bankers by you as detailed on our website. All payments must be in UK Pounds Sterling. If your cheque or other direct payment is returned by the bank as unpaid for any reason, you will be liable for a "returned funds" charge of 25 plus the prevailing rate of VAT if applicable.

7.2 All Charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site or on the Order Form (where completed) and shall be due and payable in advance of our Service provision. Charges are inclusive of 'Value Added Tax' which shall, if applicable, be paid by us on your behalf at the rate prescribed by law on electronic or other submission by us of a valid VAT invoice.

7.3 You acknowledge that our Services are provided using facilities provided to us by third parties; we shall have the right, subject to 14 days prior written notice to you, to increase our Charges at any time during the Initial Contract Term or any Extension Term, whether to reflect increase costs to us from such third parties or otherwise. However, if such increase exceeds 20% of the Charge in question and is not the result of the ending of any period of promotion or special offer then prior to such notice you shall be entitled to terminate the Contract by written notice given by you to us within 7 days after service of our notice of increase to you. If you do so terminate, you will remain liable for all Charges (at the previous rate) up to the date the Contract ends.

7.4 All charges unless otherwise agreed are payable in advance. Unless otherwise specified and agreed, set-up and installation charges are payable on order. We agree to be party to this Contract upon our acceptance of cleared funds covering first invoice or the first payment under the Order Form (where completed). Recurring charges are payable on connection as defined in sub clause 7.2 of this agreement and thereafter on or before the same day (the due date) of all subsequent months during the Initial Contract Term or any Extension Term. If payment is not received on or before the due date we reserve the right to immediately withdraw, suspend or limit Service and will charge the User interest at the rate of 3% of the amount overdue per month.

7.5 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you. If such a suspension is imposed, you will be liable for a "reconnection" charge of 25 plus VAT if applicable.

7.6 If suspension of service occurs for any reason you will be liable for a "reconnection" charge of 25 plus VAT if applicable. < o:p>

7.7 We reserve the right to not commence service until cleared funds have been received by us from you.

7.8 You agree that when you have placed your credit card information on file with us that we may charge amounts to your card including any increase in our prices as pursuant to this agreement so that your service may continue to be provided until we receive notice of termination from you as detailed herein and that we may additionally charge your card without further notice to you or any requirement for additional authority from you for any addition al services you may consume from us or penalties you incur for suspension of service or for XXX after the commencement of this agreement including but not limited to excess bandwidth and excess file space charges beyond that already included and charges for backup services and package updates and purchased together with the associated renewal costs should we not receive sufficient notice of termination from you.

7.9 We reserve the right to restrict, interrupt or terminate service or services should we not receive payment from you for the continuing provision of service or services to you.

7.10 We reserve the right to deny the transfer of any domain for which registration fees are not fully paid.

7.11 You may not set off any balance or counterclaim against fees owing to us.

8. ELECTRONIC DOCUMENTS AND VAT INFORMATION

8.1 You agree that we may deliver invoices statements and all other accounting documents to you electronically for your records without the requirement to deliver a paper copy to you and that such documents will be accepted by you as equally valid as a hard copy of the same.

8.2 You agree that you will supply us with you VAT Registration Number if one is possessed by you together with proof that you are an established business upon our request in order for us to satisfy any and all obligations we may have to The Treasury, Isle of Man Government.

9. REFUNDS AND CANCELLATION

9.1 We reserve the right to cancel any or all of your services at any time. In this event you will be entitled to a pro rata refund based upon the remaining period of membership already prepaid. If you contravene our terms of service a refund will not be issued in the event of a cancellation or termination.

9.1.1 You may cancel your services at any time. During the initial trial period if you wish to cancel you will be entitled to a full refund for your fees in respect of the server solution. Any incentives offered to you when opening the account will be cancelled. You may be given the option to purchase any services which were offered as start-up incentives in the result of a cancellation.

9.1.2 Fees charged on a prepay basis are non-refundable. Once the initial trial period has expired you are not entitled to receive a refund unless the service is cancelled by us. In addition some accounts incur set-up fees; these charges are also non-refundable. Domain registration fees, custom work, con sultancy and priority ticket fees are in all circumstances non-refundable.

10. 30 DAY MONEY BACK PERIOD, SPECIAL OFFERS AND PROMOTIONS

10.1 If you are opening your first account and purchasing from us for the first time the initial 30 days of server solution service are available on a moneyback basis. You have the right to terminate this contract by giving written notice of termination by post or email to a specified email address on our website or via our online ticketing system within 30 days after the date on which Service is first provided. In this event we will refund all monies paid for service excluding extra resources purchased and used o r any monies paid by you in respect of server solutions being subject to the thirty (30) day moneyback period. For special promotions offered at discounted prices the trial period and notice period is limited to the initial 7 days.

10.2 You agree that you are not entitled to these benefits if you have previously had an account with us unless the period of absence has been greater than one year.

10.3 All non server solution services such as but not limited to ADSL provision, consultancy, priority ticket fees and domain registration are not available on the terms of the 30 day trial and will not be refunded if notice to cancel is received.

11. COMPETITION

11.1 You agree that for a five year period after commencement of this contract you your servants or assigns nor any legal entity to which you are associated will not use knowledge gained of the business practices or delivery of our business through use of the service to establish a business in order to directly compete with us or to improve an already competing business.

11.2 Further you agree that neither you your servants or assigns nor any legal entity to which you are associated shall use our service or services or information provided on our website or control panels in order to further a business or other enterprise directly competing with us.

12. NON DISCLOSURE OF KNOW-HOW AND CONFIDENTIALITY

12.1 You and us hereby agree that any information of a confidential or proprietary nature supplied to the other or generated by either party during the term of this Agreement shall not be used by the other, save for the purposes of this Agreement and shall not be disclosed to a third party, in each case, without the prior written consent of the other, whether during the term of this Agreement or after its termination or expiration. This clause is intended to include information obtained from port scans or other scans of our servers on our networks undertaken so that we may prevent, diagnose or be alerted to potential security or other issued which it is agreed you consent to.

12.2 We may be required to make information on your relationship with us including data stored on our servers by you available to Law Courts or investigating bodies as part of our business. We warrant to only make such information or data available to such persons when ordered to do so by a Court of competent jurisdiction or to comply with our obligations under the laws applicable to us or when it is the opinion of at least two of our directors that disclosing such information or data is in our best interests.

12.3 Should you become party to confidential information concerning us or party to information to which the Company is currently bound under a Non Disclosure Agreement to which you are aware you undertake to be bound by the terms of such Agreement

12.4 You are hereby given notice and made aware that we are party to a Non Disclosure Agreement in respect of the technology and Software Platform implemented in providing you with your server solution

13. PRORITY TICKETS

13.1 We may offer priority tickets to you for purchase whereby for the purchase of such priority tickets we would make reasonable endeavours to respond to your priority ticketed request within four hours. Should we fail to respond during this time our liability shall be limited to the fee paid by you for the priority ticket which in such case we agree to refund in full.

14. INDEMNITY

14.1 You hereby indemnify us our directors, agents, suppliers, customers, officers and employees and to keep the same indemnified and hold the same harmless from any breach by you of this agreement and any claim brought against us our agents, suppliers, customers, officers and employees by a third party resulting from the provision of Services by us to you or agreed to be performed by us or agreed to be sold to or by any customer agents or assign of yours and your use of the Services and the Server including, without limitation, all demands, claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement. Additionally you agree to defend, indemnify and hold us, our directors, agents, suppliers, customers, officers and employees harmless against any liabilities arising out of (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (2) any material supplied by you or your customers or caused to be supplied by you or your customers infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright, trademark or intellectual property infringement and (4) any defective products sold to any person or persons from our servers or network (5) any other illegal material or actions or communications originating or taking place to or from services under your control and provided by us or any actions or material so alledged.< /p>

15. INTELLECTUAL PROPERTY

15.1 You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.

15.2 All copyright, trade marks and other intellectual property rights subsisting or created in the provision of Services shall remain the property of us or its licensor and you will not derive any right, title or interest in them. You shall indemnify and keep us indemnified against any and all losses, claims, liabilities, damages, demands, costs and expenses (including, without limitation, legal costs and expenses) incurred by us as a result of failure by you to comply with this clause.

16. DISCLAIMER OF LIABILITY

16.1 We will not be responsible for any damages you or your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. The includes loss of data resulting from delays, non-deliverie s, wrong delivery, and any and all service interruptions caused by hardware failure and us and our directors and employees or by forces beyond our control as defined herein. We reserve the right to revise our policies at any time.

16.1.1 We disclaim any warranty or merchantability or fitness for a particular purpose. You warrant and acknowledge that you have satisfied yourself that our services are fit for your particular purpose without reliance on any representations we may have made.

16.2 We shall not be liable to you whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the Service, including without limitation:

(a) Loss of revenue; and/or

(b) Loss of anticipated savings; and/or

(c) Loss of business and/or goods; and/or

(d) Loss of goodwill; and/or

(e) Loss of use; and/or

(f) Loss and/or corruption of data and/or other information; and/or

(g) Downtime; and/or

(h) Any damage relation to the procurement of any substitute services.

(i) The reliance upon any representations made or for the quality of any technical advice given

(j) circumstances in clause 17.1

For the avoidance of doubt, neither the types of loss and/or damage specified in sub-clauses (a) to (j) inclusive of this clause nor any similar types of loss and/or damage shall constitute direct loss for the purposes of this Agreement.

16.3 In no event shall our liability to you whether in contract, tort, by statute or otherwise exceed the amount paid by you for the relevant Services.

17. FORCES BEYOND OUR CONTROL

17.1 We are not liable for any breach of this Contract or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of Force Majeure, war, civil disorder, industrial disputes, inclement weather, acts of terrorism, acts of local or central government or other competent authorities, and failure by other service providers or of any collocation provider for any reason whatsoever.

18. ELECTRONIC SIGNATURES

18.1 We may deem any online purchase communication representatio n or undertaking or contract or warranty made to us by you subject to the entering of your username and password and over secure connection such as HTTPS or SSL or the receipt of any PGP encrypted email from you as an electronically sign ed transmission or electronically signed transaction and as to have full legal effect and intending to be legally binding under Isle of Man Law and in particular but without limitation to any or all of the laws of the Isle of Man in force pertaining to the legal validity of electronic transactions. You may deem any similar representation or communication from us as legally binding should such communication be made by one of our directors and later verified and confirmed by an additional one of our directors at the time that the second director has so verified and confirmed such a communication or representation.

19. CONDITIONS OF USE OF IPs and DOMAINS LEASED OR OWNED BY US AND THIRD PARTY SUPPLIES

19.1 You acknowledge and agree that

19.1.1 From time to time, the Service may be closed down and suspended in order for work to be carried out relating to the upgrading or maintenance of the Service or for other reasons relating to the provision of the Service. We shall use reasonable endeavours to give you reasonable notice of such closure and suspension and shall use reasonable endeavours to ensure that such works are carried out as quickly as reasonably practicable;

19.1.2 We are entitled to alter or transfer IP addresses from time to time for any reason whatsoever. Whilst we shall use reasonable endeavours to give reasonable notice of such alteration or transfer, we do not guarantee this.

19.1.3 All IP addresses supplied are supplied as a non-portable RIPE, ARIN or APNIC PA address space and remain our property or that of our suppliers and must not be used on termination of the Service and we shall thereafter be entitled to use such IP addresses for any purpose whatsoever.

19.1.4 No IP addresses are transferable to other service providers.

19.2 In the case of Services comprising Leased Lines, ADSL or SDSL, in each case as specified on the Website, we are providing the Service using services provided by third parties and you agree and acknowledge that we shall not be liable under this Agreement for a failure or degradation in respect of such Service if it is due to an act or omission of such third party.

19.3 In the case that domains or subdomains are provided for your use you agree and acknowledge that you are being granted a non transferable non-exclusive revocable licence to use such a domain or subdomain for purposes acceptable within this agreement however that your use of the domain in no way infringes upon affects changes or diminishes the rights of the owner of the domain existing who shall continue to have full authority over such a domain or subdomain. Domains or subdomains so licensed may be withdrawn at any time although we will make reasonable endeavours to give you notice of such a change. Domains or subdomains used shall not be used after termination of the service and are not transferable to other service providers.

20. RIGHTS OF ASSIGNMENT

20.1 You may assign all or part of this Contract to any other party only with our prior written agreement. We reserve the right to assign all or part of this Contract at any time to any subsidiary or associate company of ours or to any director thereof or any of their agents or assigns.< /o:p>

21. VOIDABILITY

21.1 Should any word, group of words, term, clause, part of any clause or any part or parts thereof of this agreement be deemed invalid, in conflict with statute, void or unenforceable this state of affairs shall not be deemed to affect the validity or enforceability of any or all of the remainder of this Agreement which it is agreed shall remain in full effect and be duly constituted with only such word, group of words, clause, term or part or parts ther eof removed.

22. NON EXCLUSION

22.1 Nothing in this Agreement shall exclude or restrict the liability of either party for fraudulent misrepresentation and/or for death or personal injury arising as a result of the negligence of that party, its officers, employees, agents and/or sub-contractors.

23. HEADINGS

23.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

24. ENTIRE AGREEMENT

24.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement

25. RIGHTS OF THIRD PARTIES

25.1 No person other than a party to this Agreement shall be entitled to enforce any term of it

26 NOTICES

26.1 Any notice to be given by either party to the other may be sent by either email, in the case of us this must be to the relevant addresses specified on our website, fax, in the case of us to any relevant number specified on our website or recorded delivery to the address of the other party as appearing in this Agreement or the Order Form completed whether it be electronic or otherwise or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received 24 hours after it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two business days following the date of posting.

27. WAIVER

27.1 No waiver by either party of any provisions of this Agreement shall be binding unless made expressly and confirmed in writing. Any such waiver shall not apply to any subsequent or other matter, non-compliance or breach.

28. GOVERNING LAW

28.1 These terms and conditions are exclusively governed by the laws of the Isle of Man and both you and us submit to the exclusive jurisdiction of the Isle of Man Courts.