Terms and Conditions for Services
SECTION A - Terms And Conditions For The Use Of This Site
Please read these terms and conditions carefully before using the web site operated by Situnet Limited.
1.1 Please read these terms and conditions carefully before using the web site. In particular, we draw your attention to clauses 8 (Applicability of online material provided) and 12 (Liability).
1.2 If you do not wish to be bound by these terms and conditions then you may not use our web site.
2. Nature of our web site
2.1 Our web site sets out the types of services that we are able to offer in relation to web site optimisation and search engine ranking and placements (the 'Services'). Our web site describes the Services we offer in more detail.
3. Subscribing or ordering the services on our web site
3.1 To subscribe to or order our services you will need to follow the ordering procedures set out on our order pages. Details of our prices for the Services, and the procedures for payment and delivery are displayed on our web site.
3.2 Any times or dates stated on our web site for providing the Services are estimates only. Situnet will make all reasonable effort to provide the Services within the time specified, but does not accept liability for any failure to deliver within that time.
3.3 You must pay by credit or debit card at the time of order. The price of any Service is the price in force at the date and time of your order. We may change the price of any Service before you place an order. We try to ensure that the prices displayed on our web site are accurate but the price on your order will need to be validated by us as part of the acceptance procedure. We will inform you if a service's correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Service at the correct price.
3.4 Situnet is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means ('Confirmation') to the e-mail address you have given us on registration or on ordering. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 3 weeks.
3.5 You undertake that all details you provide to us for the purpose of purchasing the services which may be offered by us on our web site will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details or verification of the authenticity and ownership before providing you with any of our services. In relation to financial transactions involving charge cards or debit cards etc, we use Worldpay.
3.6 Situnet Limited is a company registered in
England & Wales, company registration no. 04602672
situated at Situnet Limited, c/o Ascot Drummond,
Devonshire House, Manor way, Borehamwood, Hertfordshire, WD6 1QQ.
Information line: +4402032872552. ('Situnet', 'we' or 'us'). In particular,
we draw your attention to clauses 8 (Applicability of online material
provided) and 12 (Liability).
4. Cancelling the service
4.1 You may cancel any service you have purchased within 14 working days of placing your order with us for any reason (including if you simply change your mind). To do so you must notify us in writing or other durable medium (including e-mail) within those 14 working days. You will then be entitled to a refund from Situnet, which will be paid as soon as possible, but in any event within 14 days.
- the Service delivered is not what you ordered, or does not correspond with its description;
- the Service provided is not of a satisfactory quality;
Situnet will refund to you the price paid for the service.
5. Modifications to web site
We reserve the right to alter, suspend or discontinue any aspect of our web site or the content or services available through it, including your access to it. Unless explicitly stated any new features including new content and/or the sale of new Services shall be subject to these terms and conditions.
6. Information you provide
6.1 The following applies to any information you provide to us, for example during any registration or ordering process:
6.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our web site, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should email us at customersupport@Approv.com.
6.3 In addition, the following also applies to all messages, e-mails, ideas, suggestions, concepts or other material submitted by you to us ('Content'):
- you must own or have the right to submit Content for publication on our web site;
- you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful; and
6.4 You grant us a non-exclusive, irrevocable, royalty free, worldwide license to publish all Content that you submit to us except any portion of the Content that is Personal Information. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all losses and liabilities (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to you or selected by you for use on our web site. You may not share these with or transfer them to any third parties. You must notify Situnet immediately of any unauthorised use of them or any other breach of security regarding our web site that comes to your attention.
8. Applicability of online material provided
8.1 Unless otherwise specified the materials published on our web site are presented solely for your private, personal and non-commercial use.
8.2 Our web site is controlled and operated by us from our offices. Registered at Situnet Limited, c/o Ascot Drummond, Devonshire House, Manor way, Borehamwood, Hertfordshire, WD6 1QQ. Where content published on the web site is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not, to the extent permitted by applicable law, accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to the Services you purchase. You assume total responsibility and risk for your use of our web site and use of all information ideas contained within it.
8.3 We have used our reasonable endeavours to ensure that our web site complies with UK law. However, we make no representations that the materials on our web site are appropriate or available for use in locations outside the United Kingdom.
8.4 Situnet makes no warranties, express or implied that making the Services available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if providing the Services or any part of them available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Services are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to subscribe/ order and use the Services. Situnet accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to your subscribing or using the Services by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
8.5 To protect the identity of any employee / outsourced staffing company employee we do not use graphics/photographs of staff members on our web site. To ensure their privacy any graphic/photograph on our web site that accompanies a staff alias name is an actual graphic/photograph of a model/actor.
9. Copyright and monitoring
The contents of our web site are protected by international copyright laws and other intellectual property rights. The owner of these rights is Situnet or other third party licensors. All product/ service and company names and logos mentioned in our web site are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our web site for the sole purpose of placing an order with Situnet or using our web site as an information resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site including but not limited to text, graphics, messages, code and/or software without our prior written consent, except where expressly invited to do so.
10. Linked sites
Situnet make no representations whatsoever about any other web sites which you may access through our web site or which may link to our web site. When you access any other web site you understand that it is independent from Situnet and that we have no control over the content or availability of that web site. In addition, a link to any other site does not mean that Situnet endorses or accepts any responsibility for the content, or the use of, such a web site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its web site administrator or web master.
11. Availability of our web site
We will try to make our web site available but cannot guarantee that our web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.
12.1 We promise that for any Service you purchase from our web site:
- we have the right to sell the Service to you;
- the Service will correspond with the description we have given to you; and
- the Service will be of satisfactory quality and provided with reasonable skill and care.
We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the services, our web site or any information or service provided through our web site. We will do our best to ensure that all materials and information published on our web site are accurate, but please note that all materials and information on our web site are provided on an 'as is' basis.
12.2 In relation to the Services, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our web site or its contents other than as a direct result of using the Services, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Situnet or our servants, agents or any other person.
12.3 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Service concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.
12.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our web site and is compatible with our web site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our web site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
12.5 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
13.1 We may assign, innovate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
13.2 We may alter these terms and conditions from time to time and post the new version on our web site, following which all use of our web site will be governed by that version. You must check the terms and conditions on the web site regularly.
13.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
13.5 These terms and conditions and your use of our web site are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
13.6 Neither you nor Situnet will be held liable for any failure to perform any obligation to the other due to causes beyond your or Situnet's respective reasonable control.
13.7 Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
14.1 All notices shall be given:
- to us via email at customersupport@Approv.com; or
- to you at either the e-mail or postal address you provide during any ordering process.
Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
These terms and conditions replace all other terms and conditions previously applicable to the use of our web site.
SECTION B - Copyright Notice
© Situnet Limited
All Rights Reserved
- The material on this site is protected by copyright and/or database right throughout the world and is owned by Situnet Limited or its licensors.
- You may read, print and download it for private use.
- You may not commercialise or otherwise copy it without our permission.
- Use of this Site is subject to our Terms and Conditions in SECTION A.
Use of this Site is subject to our Terms and Conditions in SECTION A.
SECTION C - Trademarks
The trade marks and logos ('the trade marks') used and displayed on this web site are registered and or unregistered trade marks of Situnet Limited, c/o Ascot Drummond, Devonshire House, Manor way, Borehamwood, Hertfordshire, WD6 1QQ, England, and others and may not be used in any advertising or other publicity materials in relation to the distribution of any information or materials obtained from this web site without the prior written consent of the trade mark owner.
For Trade Mark enquiries contact:
The Compliance Officer
Situnet Limited, c/o Ascot Drummond, Devonshire House, Manor way, Borehamwood, Hertfordshire, WD6 1QQ
Use of this Site is subject to our Terms and Conditions in SECTION A.
1. Online privacy practices
Your right to privacy is important to us. We are keen to strike a fair balance between your personal privacy and ensuring you obtain full value from the services we may be able to market to you.
2. Subscription to our services
In some areas of our web site, we ask you to provide information that will enable us to enhance your site visit or reply to you after your visit. This would include where you subscribe to our online newsletters or provide feedback to us through contact forms or when you complete any on line survey we may offer from time to time. When you do, so we ask you to give us your name, e-mail address and other personal information that will be needed to supply the services to you. In relation to on line newsletters you can 'unsubscribe' at any time. We may use your personal data for future e-mail mailings, support, notification of a new service, general correspondence regarding service and correspondence which may relate to you. If you would rather not receive future marketing e-mails from us please inform us by e-mail at customersupport@Approv.com. The information you provide will be kept confidential and will be used only to support your customer relationship with us. We do not disclose or sell your information outside our corporate group except if we sell the whole or part of our business.
3. Transactions on our Web Site
Making sure you can buy safely on line is a priority for us and we have made strenuous efforts to ensure that security is one of our highest priorities and we have devoted a great deal of effort to ensure that our online security measures help to safeguard your information. We use RBS Worldpay to secure your transaction and they utilise industry-standard Secure Sockets Layer (SSL) technology to allow for the encryption of:
- Potentially sensitive information such as your name and address
- Critically-sensitive information like your credit card number
All financial transactions on our website are handled by Worldpay and are subject to Worldpay's terms and conditions. We hope that once you understand the measures we take to help ensure secure transactions and privacy, and the steps you can take yourself, you will be as happy about the safety of your on line transaction and order information as we are. We have no desire to infringe your privacy while using our site and we will never provide your personal information to anyone else except if we sell our business in whole or in part.
Message given to a web browser by a web server. The message is then stored by the browser in a text file called cookie.txt. Each time the browser requests a page from the server, this message is sent back. A cookie's main objective is to identify users and personalise their visit by customising web pages for them, for example by welcoming them by name next time they visit the same site. A site using cookies will usually invite you to provide personal information such as your name, e-mail address and interests.
5. Further Information on Data Protection and Personal Privacy
For further information from us on data protection and privacy contact:
The Compliance Officer
Situnet Limited, c/o Ascot Drummond, Devonshire House, Manor way, Borehamwood, Hertfordshire, WD6 1QQ
Use of this Site is subject to our Terms and Conditions in Section A.
SECTION E - Disclaimer
We accept no liability and offer no warranties in relation to the contents of this web site, to the fullest extent such liability can be excluded by law. All use of this web site is subject to English law and jurisdiction and is subject to our Terms and Conditions in Section A.
Any views expressed in messages on the web site are not necessarily those of Situnet Limited or anyone connected with it.
Additional 1 Terms and conditions - Covering All Services
The following terms and conditions apply to the Contract (see definition below) and each future request for the supply of services received by the Company from the Client (see definitions below) from time to time unless otherwise agreed in writing. The supply of the Services (definition below) shall be subject to these terms, which shall take precedence over any terms and conditions of the Client.
By clicking on the 'Make Secured Payment' button at the bottom of the ordering page or by signing, dating and faxing the terms to the Company you agree to be legally bound by these terms and conditions as they may be modified and posted on our web site from time to time.
In these terms and conditions the following words shall have the meanings given in this clause:
2.1 'Client' means the person, firm or company requesting the Services;
2.2 'Company' means Situnet Limited, c/o Ascot Drummond, Devonshire House, Manor way, Borehamwood, Hertfordshire, WD6 1QQ a company registered in England & Wales number 04602672; Telephone +4402032872552.
2.3 'Contract' means the contract consisting of this form and concluded by either the Client clicking on the 'Make Secured Payment' button at the bottom of the ordering page or by signing dating and returning a copy of this form to the Company on the following fax number +442079909461;
2.4 'Fees' means the fee to be charged by the Company for the Services as set out in Schedule 2 of these terms;
2.5 'Rights' means all copyright, design rights (whether registered or unregistered), patents, rights in trade marks (whether registered or unregistered), database rights or other intellectual property rights in the Services, for the full term of those rights, worldwide.
2.6 'Services' means the services to be supplied by the Company under this Contract, described in Schedule 1 of these terms;
3 The Company's obligations
The Company will use its reasonable skill and care in the supply to the Client of the Services as set out in Schedule 1.
In return for the Company's supply of the Services the Client shall pay the Fees in accordance with Schedule 2. The Company reserves its rights under the Late Payment of Commercial Debts (Interest) Act 1998 in relation to late payment calculated from the date of the invoice until the date of payment. The Company reserves the right to require the Client to pay the total Fee up front before the Company commences work.
5 Services and changes
The Client agrees that once it has been informed by the Company to make changes to its web site, it shall do so within 21 days of being informed to do so, or shall make arrangements for the Company to make the changes on its behalf. It should also notify the Company when the changes will be made.
If the service that the Client requests from the Company is changed then the fees and any estimates for the supply of the Services may change.
Promotional Packages Only: The Client can provide a full description of the Client website to The Company following the procedure set-out on its payment processed page. The Client may also set out a list of key phrases that the Client would like the Company to work towards attaining. The Company cannot provide a guarantee to The Client that specific key words, key phrases or the like will be attained. The Company will attempt to achieve key words or key phrases that The Company believes are achievable and that are as close to the Client's request as possible. If however, the Company believes, for whatever reason, that it is unable to attain rankings for The Client prior to the promotion taking place, but following payment, The Company will refund to The Client the entire fee paid within 24 hours. The Client is also completely protected by a full 28 working day satisfaction refund pledge where the Company will refund the entire fee in full should the Company fail to achieve positions, increase traffic to the Client website or based on the complete satisfaction of the Client, within 28 working days (or within 5 working days of the first ranking report should the Client not apply the optimization code on the same day as sent by the Company)
If the Company, for whatever reason, is unable to attain top 10 ranking positions or inclusion in any search engine for the Client web site, that is included in the service package, at any time, the Client can request a full refund of the entire service fee. The Company cannot provide a guarantee that top 10 ranking positions for the Client web site will be attained in every search engine, but will work hard to achieve this. The Company will refund to The Client the full fee, at any time of the Client's request and up to a period of 1 month following the initial payment, fully and to the credit/debit card that the Client used to make original purchase if any search engine inclusion or top 10 rankings is not achieved as part of the search engines noted within the search engine promotion package. To attain the 1st page placement, the Company may use video commercials created, and uploaded to the internet.
Where notification of errors is either delayed or does not occur at all before submission by the Company to any third party, the Company will not be liable in respect of any such errors
The Client shall have a royalty free license, coming into effect on payment of the Fees, to use the Services. Such license shall be automatically terminated if the Client either:
7.1 does not pay the Fees in full by the due date; or
7.2 (being a company) passes a resolution for winding up (otherwise than for the purposes of a solvent amalgamation or reconstruction) or a court makes an order to that effect; or
7.3 (being a partnership or other unincorporated association) is dissolved or (being a natural person) dies; or
7.4 becomes or is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or
7.5 has a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar officer appointed over any of its assets; or
7.6 ceases, or threatens to cease, to carry on its business.
In so far as use of the Services as per the Contract involves use of third party material, the Company will secure such license as is necessary to allow the required use of the same. Subject to the above and to the rights of any third party, ownership of the Rights shall remain vested in the Company unless and until any assignment or other disposition of the Rights is agreed between the parties in writing. Use of the Services as per this Contract may involve the Client in continuing liability to third parties, for example for license fees. The Company will endeavour to notify the Client of these as soon as practicable during the Contract.
It shall be the sole responsibility of the Client to ensure that the Services comply with all local laws (whether consumer, public or civil), regulations and codes in all countries in which the Client's website will be displayed. Accordingly the Client agrees to indemnify and hold harmless the Company and the Company's agents and employees from any liability, cost, loss, damages award, sum payable by way of settlement or other expense of any kind (including reasonable legal fees) arising from any claim, demand or action alleging that the Services or use of them are contrary to any law, code or regulation in any country.
9 Publicity and examples
Notwithstanding the license described in clause 8 above or any other disposition of the Rights agreed between the parties, the Company shall have a continuing right to advertise and promote its work by way of reference to its work for the Client. The Company shall also have the continuing right to save a copy, store, display and link the Client logo or graphic on any Situnet Limited website property, referencing the work carried out by the Company for the Client.
Depending upon the type of service selected, the Services shall be delivered in accordance with the time frame indicated in Schedule 1.
11 Trade marks and domain names
If in the provision of providing the Services the Company makes use of any trade marks, trading styles or trade names ('Marks') owned by the Client or under its control, it is agreed that the Company shall have the right to use or allow use of any such Marks for the purpose of fulfilling the Company's obligations under the Contract. The Company shall not gain any rights over such Marks by virtue of such use, but the Company shall be entitled to use the Marks both during and after the supply of the Services to promote and advertise its own work. It shall be the Client's responsibility to ensure that all domain names used in connection with the Services are wherever practicable properly registered and do not infringe any third party rights and that any Marks of the Client or any third party used in the Services, are used in a manner which neither undermines the Client's rights in its Marks nor infringes any third party rights.
The Company accepts liability for its own negligence or faults in the Services, but only to the extent stated in this clause.
The Company does not exclude or restrict its liability for death or personal injury resulting from negligence.
The Company's liability to the Client in contract law or in tort or otherwise howsoever arising in relation to this Contract is limited to the Company's charges for the Services.
The Company will not be liable to the Client for any loss or destruction of software or systems, temporary or otherwise, which occurs following use of the Services except and to the extent that it is caused by the wilful default of one of the Company's employees.
The Company shall not be liable in any way in respect of any failure, delay or defect in the supply or use of the Services caused by the delay by the Client or any a third party that is used in the supply of the Services.
Where such event could not reasonably have been prevented or controlled by the Company, the Company shall not be liable to the Client if any hardware or software used in conjunction with the Services malfunctions, fails or is otherwise unable to communicate with other systems or Internet users (including where computer viruses have caused such failures) such that the use of the Services is hindered or impeded.
In any event the Company is not liable to the Client for the following loss or damage, howsoever caused and even if foreseeable by the Company:
13.1 economic loss including loss of profits, business, contracts, revenues, goodwill, production and anticipated savings of any description;
13.2 loss arising from any claim made against the Client by any other person; or
13.3 loss or damage arising from the Client's failure to fulfil its responsibilities or any matter under the control of the Client.
13 Sub-contracting and assignment
The Company may sub-contract any or all of its rights or obligations under these terms and may with the Client's consent, such consent not to be unreasonably withheld, assign the benefit and burden of its rights and obligations under these terms to any other entity.
14 Rejection or cancellation
The Client has the continuing right to cancel the Upgrade 1 Solution at anytime, by either contacting The Company directly or by using the secured username and password given to The Client at purchase, used to access their payment details.
When making purchase for the Gold promotion package the Client will, as is indicated on the Company's website, be subscribed automatically to the upgrade 1 monthly solution in which the Client's very first month will be provided free of charge. The Client will be provided with a unique username and password so that the Client can cancel the upgrade 1 solution before, during, or after the free trial to prevent any monthly payments, as part of this monthly upgrade solution, being taken. The payment dates and amounts are those in force and as detailed on the payment screen prior to purchase. This is an optional upgrade but the Client must opt-out within 2 months of purchase should the Client wish to make cancellation for the upgrade 1 monthly solution securely online.
Unless a rejection fee has been agreed in advance, the Client shall have no right to terminate the initial promotional Contract, allege breach of Contract or seek any cancellation, reduction or repayment of the Fee on the basis of choice of key words or key phrases after the initial 28 working day satisfaction and refund pledge provided to the Client by the Company as a matter of course, has expired.
Once the Contract is concluded as provided on these terms and conditions, any subsequent cancellation by the Client will result in the Client being liable for the full Fee as if the cancellation had not taken place, excluding such committed third party expenses as the Company is able to avoid liability for within its existing contractual commitments to suppliers.
14.1 10th customer refund promotion
The company will provide every 10th main promotion package holder the right to get their first year promotion package purchase fully refunded, after the purchase of a second year promotion package. The customer can purchase a second year or service either in advance or at the end of the first year, and will then be entitled to a full and instant refund of the first year of service. Customers making a purchase for their second year of service, by way of second purchase for the Gold, Silver, Bronze or Business Best package should notify at the point of purchase that this is their second yearly purchase in order to qualify for the refund of the first year.
15 Confidential information
Neither party shall divulge any confidential information which is supplied to it about the other party in the course of this Contract or any pre-Contract discussions, other than information forming part of the public domain otherwise than through a breach of this clause or any other obligation of confidence.
Either party may by notice in writing to the other terminate this Contract immediately upon the happening of one or more of the following events:
16.1 if the other shall fail to make any payment due under these terms within 7 days after the due date, or to remedy any other breach within 30 days after being required to do so in writing,
16.2 if the other shall be involved in any of the situations described at
clause 7.2–7.6 above.
Such termination shall be without prejudice to the parties' accrued rights and liabilities, for example, the Company's entitlement to payment for work done.
17 Matters beyond the Company's reasonable control
The Company is not liable for any breach of this Contract caused by matters beyond its reasonable control including acts of God, fire, lightning, explosion, war, disorder, flood, industrial disputes (whether or not involving the Company's employees), weather of exceptional severity or acts of local or central government or other authorities.
The Company is not liable for any change to search engine rules of inclusion or change to index listings which results in the client website being removed from search engine listings should a specific search engine or search engine inclusion network charge an additional fee for inclusion at anytime and The Company will provide the end client the option to pay the fee to remain listed. The Company will not be responsible for any additional payments charged for inclusion of the client website.
18 Entire agreement
This Contract is the entire agreement between the parties on the subject matter contained within it and supersedes all representations, communications and prior agreements between the parties in that regard.
Each party acknowledges that upon entering into this Contract it does not rely and has not relied on any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to this Contract or not) except those expressly referred to in this Contract. The only remedy available in respect of any misrepresentation or untrue statement made to either party shall be a claim for damages for breach of contract under this Contract. This clause shall not apply to any statement, representation or warranty made fraudulently, or to any provision of this Contract which was induced by fraud for which the remedies available shall be those available under the law governing this Contract.
19 Third party rights
A person who is not a party to this Contract has no rights under the Contracts (Rights of Third Parties) Act of 1999 to enforce any term of this Contract, but this does not affect any other right or remedy of a third party.
20 Service of notices
Any written notice required by this Contract should be sent to the address of the intended recipient shown above or as notified by the parties in writing. Notices can be sent by hand, by post or by fax.
21 Governing law and jurisdiction
This Contract and any relevant interaction between the parties shall be governed by and construed in accordance with the laws of England and Wales and both parties agree to submit to the non-exclusive jurisdiction of the courts of England and Wales in relation to any claim, dispute or difference which may arise hereunder or in relation to any relevant interaction between the parties prior to this Contract.