In this agreement:
means as defined in accordance with clause 11(A).
means your order and our written acceptance of it in accordance with clause 2(C).
means the terms and conditions set out herein.
means you our customer, who purchases the Works from us.
means the entire computing hardware and software installation that is, or supports, our website.
means the documents, services and/or products which have been provided by us to you under the Contract in accordance with the Terms.
means the individual who is engaged to complete the Works.
when a contract for the supply and purchase of the Works on these Terms will be established.
You agree to indemnify us against any claim or demand, reasonable costs, charges or losses sustained or incurred by us including reasonable lawyers’ fees, arising in any way either directly or indirectly out of, your use of our Website and/or the Works, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
Nothing in this agreement or on our website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
If any of these Terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void, and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these Terms.
No waiver by us, in exercising any right, power or provision here under shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
In the event of a dispute arising out of, or in connection with, these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control, including strikes of our own employees, system down – time or third party email misdirection.
The Contract and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with the Contract or its subject matter.