Terms & Conditions Thank you for visiting our website herein referred to as "website" or "site" or "UPWARDTREND" or "Upwardtrendhosting.com". By using, viewing, or purchasing any product or service from this website, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms very carefully. If you do not agree to these terms, you should not use, view, or purchase any product or service from this website. Servers hosted in USA and UK. The term "UPWARDTREND" or "Upwardtrendhosting.com" or "us" or "we" or "our" refers to UPWARDTREND, the owner of the website. The term "you" refers to the "user" or "viewer" or "customer" or "purchaser" of UPWARDTREND. 1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. 2. Network Policies. Customers may not use any UPWARDTREND services in an attempt to circumvent user authentication or security of any ISP, host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's Security Policy. Customers may not attempt to interfere or deny service to any ISP, user, host, or network. This includes, but is not limited to, hacking, phishing, flooding, mail bombing, or other deliberate attempts to overload or crash an ISP, host or network. To protect its network and periodically audit for malicious activity, UPWARDTREND installs a host key on all dedicated servers which may not be removed. Removal of our host keys or preventing access to dedicated servers is considered to be a breach of our Terms of Service. UPWARDTREND reserves the right to change assigned IP addresses at any time. UPWARDTREND will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with Law Enforcement Authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. 3. Spam/Commercial Advertising/Mass Mailing UPWARDTREND EXPLICITLY FORBIDS ANY AND ALL TYPES OF MASS MAILING (SPAMMING) ON OUR SERVERS AND NETWORK. You must not use the UPWARDTREND services, or any UPWARDTREND email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the UPWARDTREND service or equipment or any Upwardtrendhosting.com email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages. If you are found to have spammed, without warning, UPWARDTREND reserves the right to disable your domain. UPWARDTREND reserves the right to determine what violates this policy. As such, any violation may result in the cancellation of services without refund. PLEASE REPORT ANY SPAM OR NETWORK ABUSE TO abuse at Upwardtrendhosting.com. 4. Dedicated Server Support. Basic "Tier 1" technical support and troubleshooting of dedicated servers beyond hardware-related problems is provided at the sole discretion of UPWARDTREND and is in no way bound by a Service Level Agreement. 5. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties. 6. Server Resources. All shared hosting accounts utilize technology that limits the overall resources on a per account basis to protect the integrity of the overall 20i Reseller Server from being negatively impacted by anyone's domain. These settings have been tested to assure that the majority of websites will operate well within these guidelines. 6a. Resource Usage User may not: Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include CGI scripts, FTP, PHP, HTTP, etc. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. Run any type of web spider or indexer on shared servers. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site but may not host or store them on shared servers. Offer any type of downloads, this would include the distribution of files such as .zip, mp3, mp4, .gunzip, tar, and other similar files. Participate in any file-sharing/peer-to-peer activities Run any gaming servers such as counter-strike, etc ... Run cron entries with intervals of less than 15 minutes. Run any MySQL queries longer than 15 seconds and MySQL tables should be indexed properly. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php") To help reduce usage, do not force HTML to handle server-side code (like PHP and SHTML). Only use HTTPS protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications. 7. Backup/Restores. Your use of this service is at your sole risk. Our general backup service runs once per week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. UPWARDTREND is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred, and to maintain your own backups of files and data stored on UPWARDTREND servers. 7a. Backup Limits Websites with more than 15,000 files will not be included in the weekly backup with the exception of the MySQL database files. All data will continue to be mirrored in a drive array which helps protect against data loss in the event of a drive failure. 8. Service Marks. "UPWARDTREND" and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners. 9. Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No printout or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances. 10. Restrictions and Prohibitions on Use. Your license for access and use of the Site and any information, materials or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States. 12. User Supplied Content. All services may be used for lawful purposes only. Through UPWARDTREND's service, you may have access to chat areas, bulletin boards, web pages, email, or other services that enable you to send or post materials ("Content") and make that content available to others. You must not submit, publish, or display on the network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US Federal, State, or Local Law. You are solely responsible for the content you make accessible through the Upwardtrendhosting.com network. You may not use the service to assist any other person or entity to violate any Federal, State, or Local Laws, Ordinances, or Regulations. Upwardtrendhosting.com is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent, or otherwise objectionable, Upwardtrendhosting.com has the right, but not the obligation, to edit, remove, or deny access to such content. Upwardtrendhosting.com may disclose any content or records concerning a customer's account as required satisfying any Law, Regulation, Governmental Request, or Court Order. Pornography and sex-related merchandising are prohibited on all Upwardtrendhosting.com servers. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to UPWARDTREND's servers or any other 20i Reseller Server on the Internet. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email service is not allowed. Below are some examples of non-acceptable content or links: Adult Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites. Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost: i.e. ROMs, ROM Emulators, and MPEG Layer 3 files (MP3s). Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer. Hacking/Phreaking/Phishing - Includes sites with material, links, or resources for hacking, phreaking, phishing, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet sites or providers. IRC - UPWARDTREND prohibits hosting IRC or IRC Bots of any kind from its servers or network. Proxies - UPWARDTREND prohibits proxy servers of any kind from its servers or network. Port Scanning - UPWARDTREND prohibits port scanning of any kind to be done from its servers or network. Streaming - UPWARDTREND prohibits the streaming of Sporting Events, Television Channels, Pay Per View, or Copyrighted Material. Pharmaceuticals - UPWARDTREND prohibits the sale of any substances through our servers or network that may be considered illegal. For example, but not limited to the sale of narcotics, prescription drugs, and/or steroids. 13-a. Unlimited Space UPWARDTREND provides large or unlimited disk quotas for shared hosting plans. These plans are intended for website and e-mail hosting. Therefore, the use of disk space is restricted to web and email content only. UPWARDTREND does not permit the storage of any files which are not directly associated with and linked from the hosted web site. Any other files, including documents, images, videos, remote backups, backup archives, and file archives are not permitted to be stored on the shared hosting server. Any abuse of these policies may result in the termination of the offending account, or removal of the offending files. All Mail should be downloaded regularly from the 20i Reseller Server as it may not be included in backups. 12-b. WordPress Malware/Exploit Removal The Malware/Exploit removal portion of the WordPress Management Services consists of: · Review of Customer's account to locate malicious scripts and code injections. · Removal of detected Malware/Exploits by file editing to remove malicious code or by the restoration of known good files from available backups. 12-c WordPress and Web App tools Support Policy UPWARDTRENDHOSTING.COM offers WordPress & Well App services, which includes automated installation within the control panel. As part of that service, we do not provide troubleshooting or support of the installation, configuration and features. · Limitations of the Services. UPWARDTREND will not: · Attempt manual reprogramming of file code to correct errors. · Make any modifications to compromised databases. · Make any representation or guarantee indicating that the Services will detect and remove 100% of any Malware/Exploit present that may not be detected. · Make any representation or guarantee that the Services will prevent any future compromise of the account. UPWARDTREND’s Standard WordPress Security package does not guarantee Malware/Exploit will not occur or hasn't already occurred. Having the Standard WordPress Security package will make a best effort to prevent Malware/Exploits from occurring going forward, however, upgrades to our Premium package may be necessary for Malware/Exploit removal. UPWARDTREND is not responsible in any way for Malware/Exploits located on your WordPress Site. 13. Linking to the Site. You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us. 14. Advertisers. The Site may contain advertising and sponsorships and partnerships. Advertisers and sponsors and partners are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials. 15. Registration. Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. 16. Errors, Corrections, and Changes. We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on the Site. 17. Third Party Content. Third-party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography, or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. 18. Unlawful Activity. We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information. 19. Indemnification. You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site. 20. Nontransferable. Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable. 21. Disclaimer. THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS, AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. 22. Limitation of Liability. (1) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party. (2) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS, AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $1 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY. 23. Third-Party Services. We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. 24. Third-Party Merchant Policies. All rules, policies (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. 25. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking on this link. We advise that you check your invoices monthly for any possible errors. If you find an error, immediately contact our Billing department at support@Upwardtrendhosting.com for review. In the event of an error, any possible refund would go back a maximum of 60 days and would be applied in the form of a credit on the account. 26. Links to other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. The inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk. 27. Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Abuse Department the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the Site; Your address, telephone number, and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Abuse Department for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at abuse at Upwardtrendhosting.com. 28. Information and Press Releases. The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us. 29. Legal Compliance. You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site and the Content and Materials provided therein. 30. Account Cancellation. To cancel your account, please contact the Billing Departmen. Please have available your domain name and either your account password, the last four digits of the credit card being billed, or the last check number for security verification. If calling is inconvenient, please email support@Upwardtrendhosting.com including the information listed above. Upwardtrendhosting.com does not monitor domain registrations and will not be held responsible for any problems that arise due to transferred or expired domain names. Upwardtrendhosting.com also does not monitor hosting accounts for usage and will not automatically cancel any account for non-usage. Refunds will not be issued for hosting fees charged after a domain has been transferred off our network without proper cancellation or due to non-usage. Customers that have prepaid and cancel prior to the expiration of prepayment are subject to a $50.00 early termination fee per active service. Any refund in a prepayment cancellation will be less any setup and/or cancellation fees, the regular cost of any “free” services, and any discount(s) applied for prepayment, provided that the Customer is not in breach of any terms and conditions of this Agreement or the Policies. 31. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Connecticut and shall be governed by and construed in accordance with the laws of the State of Connecticut (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products, or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 16 and Section 17. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale, or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. UPWARDTRENDHOSTING.COM is a reseller of 20i.net Because of the partnership you as the customer are agreeing to both terms. This page tells you the terms and conditions on which we supply our services described on our website www.20i.com to you (“Services”). Our primary services are website hosting service (“Hosting Service”) or a domain name registration and renewal service (“Domain Registration and Renewal Service”) Please read these terms and conditions carefully before ordering any Services from our website. By ordering any of our Services, you will be bound by these terms and conditions. Refusal to accept these Terms and Conditions will result in no Services from our website being able to be ordered. Our Data Processing Agreement under the European General Data Protection Regulation (GDPR) forms part of these terms and conditions. We would recommend you read through the terms carefully, printing a copy of your records if required. 1. INFORMATION ABOUT US UpwardTrend Hosting is a reseller of 20i Limited. 1.1. 20i Limited (“we”, “us” and “our”). We are registered in England and Wales under company number 09775671 and have our registered office at Hawthorn House, Southwell Road West, Rainworth, Mansfield, Nottinghamshire, NG21 0HJ. Servers hosted in USA and UK Please note that by placing an order for the Services, you consent to us sending to you our regular newsletter by email. This forms our primary method of communicating with you and will inform you of any changes to our services, billing, planned maintenance and account access information. 1.2 Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. English is the language offered for the conclusion of the contract between us both 2. YOUR STATUS 2.1. By placing an order through our website, you warrant that: 2.1.1. you are legally capable of entering into binding contracts 2.1.2. you are at least 18 years old. 2.2. If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order. 3. THE ORDER PROCESS 3.1. You can only place an order with us for Services once you have successfully registered an account with us. Information that you provide while registering an account with us must be complete and accurate. By creating an account you agree that we may block access to the account and the Services we supply if we reasonably believe that the information you have supplied is inaccurate. You must keep your user name and password private at all times and not allow anyone else to use it. You must contact us should you believe that your username or password has become known to someone else. 3.2. Before you submit an order you will be shown a summary on screen including details of the Services you have wish to order and the price payable. There will be an option to amend/correct and errors before proceeding to completion of the order. 3.3. Before being able to submit an order you will be required to register a credit or debit card. We also accept paperless direct debit, however you may need to use a credit or debit card on your first order. 3.4. Once an order has been placed, we will provide you with confirmation of the Services you have ordered. This confirmation will be sent to the email address registered to your account. Copies of previous invoices will be stored on your account. 4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US 4.1. After placing an order, you will receive an e-mail from us accepting your order and, if appropriate, letting you know that the Hosting Service you have purchased has been activated (“Acceptance Confirmation”). Your order constitutes an offer to us to buy our Services and all orders are subject to our acceptance. 4.2. The contract between us (“Contract”) will only be formed when we send you the Acceptance Confirmation. We may also decline your order for the Services for any reason, in which case we will tell you so. 4.3. The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Services which may have been part of your order until such Services have been confirmed. 5. OUR STATUS 5.1. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our website will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. 5.2. Any disclaimer does not affect your statutory rights against the third party seller. 6. CONSUMER RIGHTS 6.1. If you are buying as a consumer (i.e., not within the course of your business), ordinarily, the Consumer Contract Regulations 2013 allow you to cancel the Contract at any time within 14 working days, beginning on the day after you received the Acceptance Confirmation. 6.2. However, by placing your order for the Services, you agree to us starting supply of those Services before the end of the seven working day cancelation period referred to here. As such, you will not have the right to cancel the Contract under the Consumer Contract Regulations 2013 6.3. This provision does not otherwise affect your statutory rights. 7. OUR LIMITED MONEY BACK GUARANTEE 7.1. Once the Contact has been formed you may cancel the Contract in relation to the Hosting Service you have purchased. 7.2. In such cases, you may cancel at any time within 30 days, beginning on the day after you received the Acceptance Confirmation. If you do so, you will receive a full refund of the price paid for the Hosting Service you have canceled We will refund the price you have paid to the credit card, debit card or other account you used to make that payment. No other refund will be made. Limited to one per customer. 7.3. To cancel the Contract you must inform by raising a support ticket before the end of the 30 day period mentioned in clause G(b) above. As part of our c cancelation process, we will respond to you to confirm your cancelationeq ruest. You must re-confirm your cancancelation request by replying to this confirmation or we will continue to supply the Hosting Service and your canccancelationl be ineffective. This is to ensure that we do not delete any data you need to retain. 7.4. In summary, the Services which may not be cacancelednder the limited money back guarantee include (but are not limited to): 7.4.1. Domain Registration and Domain Registration Renewals. 7.4.2. Private SSL certificates. 7.4.3. Virtual Nameservers and other ‘add on’ products. 7.4.4. Virtual Private Servers (VPS) and associated products. 8. PRICE AND PAYMENT 8.1. The price of any Services will be as quoted on our website (exclusive of VAT). 8.2. The total cost of your order of the Services will be set out clearly before you submit your order for the Services. 8.3. Prices are liable to change at any time. We will notify you of a change in our prices at least 14 days before the price increase comes into force. If you do not cancel you will be deemed to have accepted the new prices, and they will be charged to your account. 8.4. Due to the number of Services offered for sale, it is possible that despite our efforts some Services may be incorrectly priced. We deal with these situations accordingly: 8.4.1 Where a Service’s correct price is less than our stated price, we will charge the lower amount when accepting your order; 8.4.2 If a Service’s correct price is higher than the price stated on our website, we will normally, contact you for instructions before accepting your order; and 8.4.3 We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an Acceptance Confirmation 8.5. We reserve the right to seek to recover any outstanding amounts due by you by other means, including referring the debt to an external debt recovery agent if necessary. If this method is sought, you may become liable for additional fees and charges and you agree to pay such charges in addition to the outstanding amount owed to us. 8.6. Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds. If your chosen method of payment is not authorized by your credit card provider or bank, you hereby authorize us to seek payment from any other credit card, debit card or direct debit registered against your account. 8.7. If we fail to authorize payment your account may be suspended. 9. QUALITY 9.1. We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our website will be provided with reasonable care and skill. 9.2. We will not be liable for a breach of the warranty provided above unless: 9.2.1. you give written notice of the breach to us 9.2.2. we are given a reasonable opportunity after receiving the notice of examining our provision of the Services to you 9.2.3. the problem arises because you failed to follow our oral or written instructions as to the use of the Services (if there are any) 9.2.4. you alter the Services without our written consent 9.2.5. the problem arises because of misuse 9.3. If we are in breach of the warranty in accordance with the clause above we will, use all reasonable commercial efforts to remedy the breach promptly or refund the price of the Services at the pro rata Contract price. 9.4. By accepting these terms, you acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out on our website or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit our liability to you for fraudulent misrepresentation. 10. ACCESS TO THE HOSTING SERVICE 10.1. It is your responsibility to ensure that necessary arrangements for access to our Hosting Services are in place. 10.2. You are also responsible for ensuring that all persons who access our Services through your Internet connection are aware of these terms and conditions (and in particular our acceptable use policy). 11. HOSTING SERVICE SERVICE LEVELS 11.1. We do not warrant access to our servers will be uninterrupted or error free but we shall use reasonable endeavors to keep downtime to a minimum. 12. IP ADDRESSES 12.1. You will have no right, title or interest in any internet protocol address (“IP address”) allocated to you throughout use of upon the expiry or termination of Services. 12.2. Any IP address allocated to you is allocated as part of the Hosting Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever. 12.3. If an IP address is re-numbered or re-allocated by us, we shall use our reasonable eendeavorsto avoid any disruption to you. 13. BACK-UP OF YOUR MATERIAL AND OUR SERVERS 13.1. It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload onto our servers as part of your use of the Hosting Services. We provide free tools to make website and database backups in our control panels. In the event of loss of or damage to your material, you will not be given access to the server back-up we maintain pursuant to our archiving procedure. 13.2. We will follow our archiving procedures for the data stored on our servers. 13.3. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party. 14. HOSTING SERVICE USAGE LIMITATIONS 14.1. The Hosting Service package you order includes the per calendar month bandwidth allowance applicable to that hosting package as this is set out on this website at the time of your order. 14.2. The Hosting Service you have ordered will be automatically suspended if this monthly bandwidth allowance is exceeded. If this happens, you may upgrade your Hosting Service package to one which includes a higher monthly bandwidth allowance, or wait for the Hosting Service to resume at the start of the following calendar month. You can monitor your monthly bandwidth usage in our control panel. 14.3. Unless the Hosting Service package you order includes a virtual private server, you will only be allowed to use a maximum of 10% of our server’s processing capacity when using the Hosting Service package you order. 14.4. We may allow your usage to exceed this CPU limitation, and we will speak to you about your hosting requirements if your usage has a detrimental effect on our other customers. Please note that this right is at our absolute discretion, 14.5. The Hosting Service package you order includes the number of mailboxes applicable to that hosting package as this is set out on our website at the time of your order. 14.6. Any mailboxes that have not been accessed for 100 clear days will be automatically deleted from our system. 14.7. When using the Services, you must comply with our Terms of Website Use and our Acceptable Use Policy. Any conflict between our terms of website use and these terms and conditions, will be resolved in favor of these terms and conditions. 14.8. A breach of either the Website Terms of Use or Acceptable Use policy will entitle us to terminate the provision of Services to you. 15. SUPPORT 15.1. Our support team will help resolve any problems you have with the Services you are receiving. We will not provide programming support to you, but, as part of our Hosting Services, our servers are compatible with many programming languages. 15.2. We do not provide telephone technical support. Support is provided via online support ticket or online chat. Upwardtrendhosting.com is a reseller of 20i 16. DOMAIN NAMES 16.1. Where the Contract includes our Domain Registration and Renewal Service: 16.1.1. we will endeavor to procure the registration of the domain name you request 16.1.2. we will not be liable in the event that the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name. 16.1.3. we shall not act as your agent or on your behalf in any dealings with domain name registry. 16.1.4. the registration of the domain name you request and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use which you should consider. 16.1.5. you are responsible for ensuring that you are aware of the terms so that you can comply with them. 16.1.6. the domain name you request will only have been successfully registered when you appear as the registrant on the appropriate “whois” database of the top level domain name registrar. 16.1.7. we shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the provisions of these terms and conditions or any legal or regulatory requirement. 16.1.8. you confirm and warrant that you are the owner of any trade mark in any domain name (or have the authority of the owner of any trade mark to use such name) that you have requested be registered. 16.2. You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you, or otherwise authorized by you, for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used. 16.3. Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. We will send you renewal notices 30 days and 7 days before the renewal date of your registered domain name. These notices will be sent to the email address then registered against your account. 16.4. You hereby authorize us to automatically renew the domain name for you unless you have cancancelede Domain Registration and Renewal Service in accordance with these terms and conditions. 16.5. The price for the renewal will be as set out in the renewals page of the customer administration area and will be charged against one of the payment methods then registered against your account. 16.6. You acknowledge and agree that we may place a number of locks on any domain registered with us either at the time of registration or at any time thereafter and without further notice to you. 17. INTELLECTUAL PROPERTY RIGHTS 17.1. You, retain all intellectual property rights in your material, and you grant to us a worldwide, non-exclusive, royalty free license to use, store and maintain your material on our servers and publish it on the Internet for the purpose of providing the Hosting Service to you. 17.2. You warrant that your material does not infringe the intellectual property rights of any third party and you have the authority to grant the license to us. We may make such copies as may be necessary to perform our obligations, including making back-up copies of your material. 17.3. You will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services or of any claim or action that your material infringes, or allegedly infringes, the intellectual property rights of a third party. 17.4. If you download software from our website, we grant you a non-exclusive, non-transferable royalty free license to use that software for the purpose set out on our website in relation to that software. Such license will automatically terminate when we terminate providing the Hosting Services to you. 17.5. Any third party software that you download from our website shall be licensed to you on the standard software license terms of the owner of the intellectual property rights in that third party software as those license terms are notified to you at the time you download such software. 17.6. We retain all intellectual property rights in the Hosting Services (other than in your material) and our software. You must not decompile, disassemble the Hosting Services or our software. 17.7. We will defend you against any claim that the Hosting Services infringe any United Kingdom intellectual property rights of a third party, and shall indemnify you for any amounts awarded against you in judgment or settlement of such claims, provided that: 17.7.1. you give prompt notice of any such claim. 17.7.2. you make no admissions or settlements without our prior written consent. 17.7.3. you provide reasonable co-operation to us in the defense and settlement of such claim, at your expense. 17.7.4. we are given sole authority to defend or settle the claim. 18. OUR LIABILITY 18.1. We do not monitor and will not have any liability for your material or any other communication you transmit by virtue of the Hosting Services. 18.2. Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider 18.3. No guarantee or representation is given that the Hosting Services will be free from security incidents or unauthorized users. 18.4. All conditions, terms, representations and warranties that are not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded. 18.5. We do not exclude or limit in any way our liability: 18.5.1. for death or personal injury caused by our negligence; 18.5.2. under section 2(3) of the Consumer Protection Act 1987 18.5.3. for fraud or fraudulent misrepresentation 18.5.4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. 18.6. We will not be responsible for the following types of losses (in each case whether direct, indirect or consequential) and whether they are caused by our negligence or otherwise: 18.6.1. loss of income or revenue. 18.6.2. loss of business. 18.6.3. loss of profits or contracts. 18.6.4. loss of anticipated savings. 18.6.5. loss of goodwill. 18.6.6. loss of software or data. 18.6.7. wasted expenditure (such as pay per click advertising costs). 18.6.8. wasted management or office time. 18.7. Subject to these terms and conditions, our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed 100% of the price you have paid to us for the Services during the 12 months preceding the event giving rise to the liability in question. 18.8. You are advised to acquire business interruption insurance, or other appropriate insurance, to protect you and your business in the event of interruption of the Services (in particular the Hosting Service). 18.9. Where you buy any product or service from a third party seller through following a link on our website to such third party’s website, the seller’s individual liability will be set out in the seller’s terms and conditions. You should consult such terms and conditions. 19. DURATION OF THE SERVICES AND CANCECANCELATION 19.1. THE PART OF THE CONTRACT RELATING TO OUR DOMAIN REGISTRATION AND RENEWAL SERVICE WILL COMMENCE ON THE DATE WE SEND YOU OUR ACCEPTANCE CONFIRMATION. IT WILL CONTINUE UNTIL: 19.1.1. WE HAVE REGISTERED THE DOMAIN NAME YOU HAVE REQUESTED (THE “DOMAIN NAME”) AND YOU SUBSEQUENTLY ASK US NOT TO RENEW THE REGISTRATION OF YOUR DOMAIN NAME 19.1.2. WE TERMINATE THE SUPPLY OF OUR DOMAIN REGISTRATION AND RENEWAL SERVICE BY NOTICE TO YOU BECAUSE: 19.1.2.1. THE DOMAIN NAME IS NO LONGER AVAILABLE FOR REGISTRATION 19.1.2.2. YOU ARE IN BREACH OF THE TERMS AND CONDITIONS HEREWITH 19.1.2.3. OF SOME OTHER REASON PREVENTING THE REGISTRATION OF THE DOMAIN NAME. 19.2. IF WE TERMINATE THE DOMAIN REGISTRATION AND RENEWAL SERVICE UNDER THE CLAUSES OF THIS AGREEMENT, WE WILL REFUND THE PRICE YOU HAVE PAID FOR THE DOMAIN REGISTRATION AND RENEWAL SERVICE TO THE CREDIT CARD, DEBIT CARD OR OTHER ACCOUNT YOU USED TO MAKE THE PAYMENT. 19.3. That part of the Contract relating to Services other than our Domain Registration and Renewal Service will commence on the date we send you our Acceptance Confirmation. Unless such Services are terminated as provided for in this clause they shall continue for the minimum period of time that applies to the Service you have purchased (“Minimum Term”). After expiry of the Minimum Term, they will continue on a month to month basis until terminated: 19.3.1. BY YOU, AS A CONSUMER, INFORMING US OF YOUR DECISION TO CANCEL THE CONTRACT BY A CLEAR STATEMENT. THIS SHOULD BE VIA ONLINE SUPPORT TICKET OR SUPPORT LIVE CHAT; 19.3.2. BY YOU, AS A BUSINESS CUSTOMER, INFORMING US OF YOUR DECISION TO CANCEL THE CONTRACT. THIS SHOULD BE VIA ONLINE SUPPORT TICKET OR SUPPORT LIVE CHAT 19.3.3. BY US GIVING TO YOU AT LEAST 30 DAYS ADVANCED NOTICE IN WRITING SENT TO THE THEN CURRENT EMAIL ADDRESS REGISTERED AGAINST YOUR ACCOUNT 19.3.4. BY EXERCISING YOUR RIGHT AS A CONSUMER, TO CANCEL THE CONTRACT(S) WITHIN THE “COOLING OFF PERIOD” I.E. WITHIN 14 DAYS OF PURCHASE. 19.3.5. TO MEET THE CANCELCANCELATIONINE, IT IS SUFFICIENT FOR YOU TO SEND YOUR COMMUNICATION CONCERNING YOUR EXERCISE OF THE RIGHT TO CANCEL BEFORE THE CANCELLCANCELATION HAS EXPIRED. WE REQUEST THAT YOU DO THIS AT LEAST TWO WORKING DAYS BEFORE THE CANCELLACANCELATIONLEASE NOTE THAT THE COOLING OFF PERIOD ONLY APPLIES TO CONSUMERS, NOT BUSINESS CUSTOMERS. 19.4. AS PART OF OUR CANCELLATCANCELATION YOU MUST RE-CONFIRM YOUR CANCELLATICANCELATIONIA OUR SUPPORT TICKET SYSTEM OR SUPPORT LIVE CHAT SYSTEM OR WE WILL CONTINUE TO SUPPLY THE RELEVANT SERVICES AND YOUR CANCELLATIOCANCELATIONEFFECTIVE. YOU CANNOT CANCEL ANY OF YOUR SERVICES BY LETTER, EMAIL OR TELEPHONE. 19.5. THE MONTHLY PRICE FOR SERVICES WE SUPPLY UNDER CONTRACTS THAT CONTINUE ON A MONTH TO MONTH BASIS SHALL BE CHARGED MONTHLY IN ADVANCE DIRECTLY TO A CREDIT CARD, DEBIT CARD, PAPERLESS DIRECT DEBIT OR OTHER PAYMENT METHOD REGISTERED AGAINST YOUR ACCOUNT. SUCH PAYMENT WILL BE TAKEN ON THE SAME DATE OF THE MONTH (OR IF NO SUCH DATE OCCURS THEN ON THE LAST DAY OF THE MONTH) AS ON WHICH THE SERVICES HAD ORIGINALLY COMMENCED (“PAYMENT DATE”) UNLESS OR UNTIL YOU CANCEL THE SERVICES IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. 19.6. WE WILL NOT PROVIDE YOU WITH A REFUND FOR A CANCELLATIONCANCELATIONT-WAY THROUGH A BILLING PERIOD. 19.7. WITHOUT PREJUDICE TO ANY OTHER RIGHT TO TERMINATE OR SUSPEND THE SERVICES WE MAY HAVE UNDER THESE TERMS AND CONDITIONS, OUR TERMS OF WEBSITE USE OR OUR ACCEPTABLE USE POLICY WE MAY TERMINATE THE CONTRACT AT ANY TIME BY GIVING YOU 30 DAYS’ ADVANCE NOTICE BY EMAILING YOU AT THE EMAIL ADDRESS REGISTERED AGAINST YOUR ACCOUNT. 19.8. IF WE CANCEL THE SERVICES, WE WILL REFUND TO YOU THE PRICE YOU HAVE PAID FOR THE SERVICES ON A PRO-RATA BASIS FOR THE UNEXPIRED MINIMUM TERM 19.9. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND CONDITIONS, IF YOU ARE IN BREACH OF AN OBLIGATION OF THESE TERMS AND CONDITIONS WE MAY TERMINATE THE CONTRACT BY 7 DAYS’ NOTICE TO YOU. 19.10. EXPIRY OR TERMINATION OF THE CONTRACT SHALL BE WITHOUT PREJUDICE TO ANY RIGHTS AND LIABILITY OF EITHER OF US ARISING IN ANY WAY UNDER THAT CONTRACT AS AT THE DATE OF EXPIRY OR TERMINATION. 20. DELETION OF YOUR DATA 20.1. If you cancel your Services, any data we hold or host in relation to the Services you have canccanceledl be immediately and permanently deleted from our system. 20.2. Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services. 21. ADDITIONAL TERMS 21.1. Additional terms and conditions may apply for our offers. If so, you will be advised of them at the relevant point. 22. WRITTEN COMMUNICATIONS 22.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. 22.2. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. 23. NOTICES 23.1. All notices given by you to us must be given though our online system. 23.2. We may give notice to you at either the then current e-mail or postal address registered against your account with us. 24. THIRD PARTY RIGHTS AND TRANSFER OF RIGHTS AND OBLIGATIONS 24.1. Neither you nor we intend that any term of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it. 24.2. The Contract is binding on you and us and on our respective successors and assigns. 24.3. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. 24.4. We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. 25. EVENTS OUTSIDE OUR CONTROL 25.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”). 25.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 25.2.1. misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks); 25.2.2. strikes, lock-outs or other industrial action; 25.2.3. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; 25.2.4. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; 25.2.5. impossibility of the use of public or private telecommunications networks; and 25.2.6. the acts, decrees, legislation, regulations or restrictions of any government. 25.3. Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable enendeavorso bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. 26. WAIVER 26.1. If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. 26.2. A waiver by us of any default shall not constitute a waiver of any subsequent default. 26.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing. 27. SEVERABILITY 27.1. If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. 28. ENTIRE AGREEMENT 28.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. 28.2. We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions. 28.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions. 29. CHANGES TO OUR TERMS AND CONDITIONS 29.1. We have the right to revise and amend these terms and conditions from time to time. 29.2. You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you). 29.3. No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.
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