Terms Of Service
General terms and conditions
Version 1.0 01/04/2014
These terms are no longer valid as they have been superseded.
This page is for archive purposes only
Read the current version here
These General Terms and Conditions and the Service Specific Terms and Conditions, the Acceptable Use Policy and any information relating to the Service/Package purchased from TandyUK forms the Agreement between Us. If any of these General Terms and Conditions are inconsistent with any terms set out in Service Specific Terms and Conditions, the Service Specific Terms and Conditions shall prevail.
By signing up for the Services You warrant that You are at least 18 years old, and legally capable of entering into a binding contract; or acting with the express permission and using the payment details of a person or organization who in turn is agreeing to be bound by the terms of this contract.
You acknowledge and accept that Your use of the Services must be in accordance with the Acceptable Use Policy which can be viewed at http://www.tandyukservers.co.uk/terms.php?page=aup.
By nature of owning a TandyUK Servers account, You accept these Terms & Conditions.
1. Definitions
In these General Terms and Conditions the following words and phrases shall have the following meanings;
"Abuse Complaint" is a complaint, either by TandyUK Servers or a third party, about the Client's use of the Services;
"Acceptable Use Policies" means the policies set out on the Company's Web Site relating to the use of the Services, as modified or amended from time to time and “Acceptable Use Policy” shall be construed accordingly;
"Account" means the Customer's account with the Company for provision of the Services;
"Agreement" means these General Terms and Conditions, the Customer Application, the Acceptable Use Policies, the Price List, the Privacy Policy and the Service Specific Terms and Conditions, all of which, taken together, constitute the agreement between the Company and the Customer for the supply of the Equipment and/or Services;
"Business User" means a Customer who uses the Services and/or Equipment in the course of any trade or business;
"Charges" means the charges payable by the Customer in return for the Services and/or Equipment in accordance with Clause 5;
"Company" means TandyUK Servers Limited with registered office at Bishopstone, 36 Crescent Road, Worthing, West Sussex, BN11 1RL, company number 8314911;
"Company's Web site" means the Web site at https://www.tandyukservers.co.uk/, and references to "our Web site" shall be construed accordingly;
"Customer" means the person, group of persons or other entity whose name and address is or are set out in the Customer Application;
"Customer Application" means the application form for the supply by the Company of the Equipment and/or Services, completed by, or in accordance with an order from, the Customer;
"Direct Customer" means a person or entity billed by TandyUK;
"End User" means the person or entity receiving the benefit of the service. End User and Customer are interchangeable terms when the customer is a Direct Customer.
"Equipment" means the equipment specified on the Customer Application;
"Insolvency" means in relation to the Customer any of the following (as relevant): the appointment of any nominee, trustee, supervisor, administrator, administrative receiver, receiver or liquidator pursuant to the Insolvency Act 1986 (as modified, amended or replaced from time to time); or the entry into any compromise or arrangement with its creditors or, being a consumer, commits any act of bankruptcy, becomes bankrupt or enters into an individual voluntary arrangement; or if an order is made or effective resolution is passed for its winding up (except for the purposes of amalgamation or reconstruction of a solvent company); or the occurrence or sufferance of anything equivalent under any jurisdiction other than England or Wales and "Insolvent" shall be construed accordingly;
"IP" means Internet Protocol;
“Intellectual Property” means all intellectual property of any kind whatsoever including without limitation patents, trade marks, trade names, service marks, copyright, moral rights, rights in design, rights in databases, know-how, confidential information and any other intellectual or industrial property whether or not registered or capable of registration (and including applications for any such right) together with all or any goodwill relating to such intellectual property;
"Law" means the law of England and Wales, in force from time to time, and shall include (without prejudice to generality of the foregoing) all criminal law, laws relating to Intellectual Property and all laws, rules and/or regulations relating to the publication or transmission of information or data in electronic form. References to "Law" shall be construed accordingly;
"Location" means the point of delivery of service;
"Minimum Cancellation Notice Period" means the minimum period of notice that a Customer must give the Company to terminate a specific Service or this Agreement, as set out in Clause 3.5 of the General Terms and Conditions of Supply or as set out in the Service Specific Terms and Conditions;
"Minimum Service Period" means the minimum Service Period as set out in Clauses 3.2 and 3.3 or the Specific Terms and Conditions;
"Name" means any name specifically requested by or allocated to the Customer for the provision of the Services and includes any User Name, Internet domain name or electronic mailbox name;
"Network Availability" is defined as the percentage of time the TandyUK Network is contactable over a calendar month;
"Network Connection" means an Internet access service for use by multiple machines;
"Network Unavailable Time" is when a portion or the entirety of the TandyUK Network is unavailable, and this affects the provision of the Services to the Customer. Network Unavailable Time excludes Notified Maintenance, and those situations defined in the 'Exclusions' section of the Network Service Level Agreement;
"Notified Maintenance" means essential maintenance to be carried out by TandyUK in relation to the Services, Hardware and/or Software, which has been notified to the Customer;
"Package" means a collection of Services;
"Password" means a password issued to the Customer for the Customer's access to the Services;
"Pay As You Go" means TandyUK no minimum term commitment monthly payment option;
"Price List" means the Company's price list relating to the Equipment and/or Services set out on its Web site, as amended from time to time;
"Privacy Policy" means the Company's policy regarding privacy, set out on our Web site, as amended from time to time;
"Service Period" means the period of an individual Service provided in accordance with this Agreement;
"Service" means a service provided by the Company to enable the Customer to gain access to the Internet (and other services and facilities provided by the Company in connection with that service as described at https://www.tandyukservers.co.uk/), as are specified on the Customer Application, and described in the Company's literature at the date of completion of the Customer Application together with all services and/or facilities referred to in any Service Specific Terms and Conditions; All references to "Services" shall be construed accordingly;
"Service Specific Terms and Conditions" means the Company's specific terms and conditions (if any) applicable to any part of the Services referred to on the Customer Application;
"TandyUK", "TandyUK Servers", "Us" or "We" means the Company, and references to "our" shall be construed accordingly;
"TandyUK Network" refers to TandyUK's routers, switches, cabling and other network equipment located in the UK responsible for connecting TandyUK's Customers to the outside world;
"You" means the Customer, and references to "your" shall be construed accordingly;
2. The Services
2.1 We shall provide you with the Services and/or the Equipment subject to the terms of this Agreement.
2.2 You can place your order for Equipment and/or Services by;
(a) completing our online order application form at http://www.tandyukservers.co.uk
(b) sending us a completed order application form by post or by fax to the address or fax
number set out on our Web site; or
(c) telephoning our sales team on the number set out on our Web site.
Please note it is your responsibility to check that your order is correct before submitting it. Should you encounter any problems with your order, or if you have made a mistake with your order, please contact us on 0844 414 0340.
2.3 We shall not be obliged to provide the Services and/or Equipment to you unless and until:
(a) we have sent written notice to you (either by post, fax or e-mail) of our acceptance of the Customer Application; and
(b) we have received any initial Charges due from you in respect of the Services and/or Equipment. Subject to your right to cancel (if you are a consumer) as set out below, acceptance of the Services and/or Equipment by you constitutes your automatic acceptance of the terms and conditions of this Agreement;
2.4 We will provide you with transit and routing services for e-mail and general Internet access. We will (in consideration of the Charges) deliver IP packets to the Customer network boundary only and will not be, or be held responsible for, the transit, routing and delivery of IP packets to individual workstations on the Customer network.
2.5 We will endeavour to ensure that the Services are of a high quality. In order to maintain the quality and safety of the Services, and any other services which we provide to our customers, we may from time to time:
(a) suspend, close down or restrict the whole or any part of the Services in order to carry out emergency or other repairs, maintenance and/or improvements or to prevent overload of the network or to preserve the safety, security or integrity of the Services and any Internet traffic conveyed (although we will give you as much notice as is reasonably practicable before doing so and will endeavour to carry out such works during the relevant scheduled maintenance periods as published by us); and/or
(b) give you instructions on how to use the Services. You agree to comply with any reasonable instructions we may give you in accordance with this Clause.
2.6 We will notify you as soon as possible if either we or our agents, employees, representatives or anyone else involved in providing the Services and/or the Equipment, require access to your premises, to install the Services and/or the Equipment or to carry out repairs, maintenance or upgrades. Where such notice is received by you, you agree to grant us and/or such other persons referred to, access to your premises. We will meet your reasonable requirements, and you agree to meet ours, concerning the safety of people on your premises.
2.7 We may make software available to you that enables you to use the Services. This software must not be copied or modified by you or anyone else unless allowed by Law. You undertake and agree that you will access the Services only via use of this software, or in an alternative way permitted by us, and you will not attempt to circumvent any security measures inherent in the Services. Where such software is owned by or licensed to us, we will, where possible, grant you a revocable, non-transferable, non-assignable, non-exclusive license to use it for the duration of the Agreement (or, if shorter the duration of any licence of the software to us). Where the use of such software by you requires you to enter a separate licence you agree to do so.
2.8 If you are a consumer (i.e. you are not purchasing either wholly or in part for your business or you are not a business) you have the right, in addition to your other rights, to cancel the Agreement (other than for personalised or perishable products, video, audio or software products which have been unsealed by you, or other products which we have specified as non-returnable) and receive a refund from us. You must inform us in writing if you wish to cancel within seven working days, starting on the day after the contract between you and the Company is concluded.
Details of your right to cancel will also be provided in the order acknowledgement email.
The steps you need to take in order to conclude the Agreement are completing the online order confirmation and making payment of the initial fee.
If you choose to cancel then you must return any Equipment to us at your cost and risk and we advise you to ensure the Equipment is adequately insured during the return journey. You must ensure that you take reasonable care of the Equipment.
If you have not returned the Equipment within 14 days of cancellation or when requested by us to do so, whichever occurs first, we can collect the Equipment from you at your cost.
2.9 We will file a copy of the concluded Agreement. It will be accessible on request from TandyUK. If you are a consumer, we will acknowledge receipt of your order to the email address you have provided us with.
2.10 For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.
2.11 Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, or agreed by TandyUK in writing prior to purchase, Services are not available on a trial basis. It is Your responsibility to ensure that the Services you purchase are suitable for your technical requirements.
3. Service Period and Cancellations
3.1 We will activate the Services, as soon as possible following completion of the matters referred to in Clause 2.3 above.
3.2 Subject to Clause 3.3 or where otherwise specified in the Specific Terms and Conditions, and except where terminated or suspended in accordance with this Agreement, the Services will be provided for a Minimum Service Period of 30 days from the date of activation.
3.3 Subject to your right to cancel, if you are a consumer, as set out above unless otherwise terminated or suspended in accordance with this Agreement or amended in the contract of supply, the following Services shall be provided for a Minimum Service Period of 12 months (or above if stated on the order application form / online order application form) from the date of activation:
(a) SSL certificates;
(b) Domain name registration/transfer and hosting;
(c) Leased Lines, including Ethernet in the First Mile services;
(d) Fibre To The Cabinet (FTTC) and Fibre To The Premises (FTTP);
(e) Private Wide Area Network (PWAN)
(f) Local Loop Unbundled (LLU) products where a free activation/migration option is selected; and
(g) Dedicated Servers
3.4 On expiry of the periods referred to at Clauses 3.2 or 3.3 above (as appropriate) the Services will, unless terminated on or before the date of such expiry, automatically renew until terminated pursuant to this Agreement.
3.5 You are entitled to cancel the services by contacting TandyUK Servers' cancellation team no more than 30 days prior to the expiry of your minimum contract term , and no less than one working day prior to the next payment date of that service. Once TandyUK accept your cancellation request you will be provided with written confirmation of cancellation in the form of a unique reference number. Cancellation requests will not be deemed to have been received and accepted until this reference number has been issued.
3.6 TandyUK reserves the right to cancel and/or suspend Your Service at any time without notice if You breach these General Terms & Conditions and/or the Service Specific Terms & Conditions and/or our Acceptable Use Policy.
4. Refunds
4.1 Charges due on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable.
4.2 In the event that TandyUK cancels Your Service for reasons other than Your breach of contract, You will be entitled to a pro rata refund based upon the remaining period of Your current contract term.
4.3 If You contravene Your Agreement with TandyUK, a refund will not be issued in the event of a cancellation.
4.4 Credit notes can only be used for payment (or partial payment) of Your Service, and are non-refundable.
4.5 Unused reseller funds on account will only be recoverable when the account is closed.
5. Payment
5.1 Except as otherwise provided in the Agreement, all Charges and other sums due from you in respect of the Services and/or Equipment shall be set out in the Price List and/or the Customer Application and/or the invoice relating to such Equipment and/or Services.
5.2 You shall pay the Charges (without any set off or deduction of any kind) on either a monthly, quarterly or annual basis as stated in the Customer Application and/or the Price List and/or the invoice referred to at Clause 5.1 above. Where payment is not made in accordance with these terms, the Customer shall pay interest on any unpaid amounts calculated at 6% above Barclays Bank Plc’s base rate for the time being in force calculated on a daily basis.
5.3 You will be invoiced automatically for the next pre-paid period on the basis of your current payment plan at the expiry of the current pre-paid period unless You have cancelled the Services in accordance with clause 3.5. Payment of the Price will be taken via the payment method specified within the control panel and will be non-refundable. In cases of failed payment, the invoice will become due and payable to TandyUK in its entirety.
5.4 TandyUK reserves the right to change the Prices and/or nature of its Services by giving You written notice of those changes. Notice of changes to Prices and/or Services will be given by e-mail to the e-mail address held in Your TandyUK Account. If You have already purchased a particular Service then the change in the Price or nature of that Service will only become effective when the Service reaches the end of its current term. You will be charged the new Price when the Service is automatically renewed at the end of the current term.
5.5 All amounts payable by you in accordance with the Agreement shall be exclusive of Value Added Tax ("VAT"), or any other applicable tax or duty, which shall be payable in addition to all such amounts due from you.
5.6 You warrant that You are authorised to make payment using the payment card or facility You disclose to TandyUK. In the event that You are not the named card holder, You acknowledge that You and the party who is the named card holder both accept TandyUK Servers' Terms & Conditions and are jointly and severally liable for the payment of all Prices for which payment will be taken from the payment card. You will indemnify and hold TandyUK harmless in the event that the cardholder or issuer declines any transaction for payments to TandyUK, including all of TandyUK's costs in administering Your non-payment and obtaining payment of those Prices due.
5.7 TandyUK reserves the right to suspend all Services until payment is received in full and all outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a £20 administration charge. You are responsible for all money owed on the account from the time it was established until TandyUK accepts Your cancellation request. You are responsible for any additional costs incurred by TandyUK in the collection of outstanding debt.
5.8 You are required to have a valid email address and credit/debit card and/or PayPal account registered to Your account at all times, failure to do so will result in automatic suspension of Your account. If You cancel Your credit/debit card and/or PayPal account for any reason You must immediately notify TandyUK and provide details of a current valid payment card and/or PayPal Account.
5.9 Payments processed by PayPal are subject to PayPal's terms and conditions of Service, and TandyUK makes no representations or warranties with respect to those Services.
5.10 No bills or invoices will be sent by regular mail. All invoices will be sent directly to You via email shortly after the purchase or automated renewal transaction is completed.
5.11 If You fail to pay all Prices due, TandyUK reserves the right to interrupt, suspend or cancel the Services to You. Such interruption, suspension or cancellation does not relieve You from paying all contractually obligated invoices to TandyUK.
5.12 Please refer to TandyUK Service Specific Terms & Conditions including, but not limited to, the Domain Name terms of Service for Domain Name for specific payment policies.
5.13 Any unused Credit notes on Your Account will be taken in payment of Your Service. Where the value of the unused Credit note is less than the total payment due, the remainder of the balance will be taken from the current payment method on Your account.
6. Chargebacks
6.1 If You withdraw any payments made via a bank, credit card or PayPal account (a "chargeback") TandyUK will either defend such chargebacks directly with the card issuer, or take appropriate steps to recover the original monies from You in addition to an administration fee of £20+VAT for each inappropriate chargeback raised.
6.2 If a chargeback is made, TandyUK reserves the right to immediately interrupt, suspend or cancel all services within your Account. Such interruption, suspension or cancellation does not relieve You from paying all contractually obligated invoices to TandyUK.
7. Appropriate Service use
7.1 TandyUK reserves the right to refuse Service and/or access to its servers and/or Services to anyone.
7.2 TandyUK does not allow any content which breaches our Acceptable Use Policy to be stored on its servers. TandyUK reserves the right to remove content from the Services or suspend the Services immediately where it reasonably suspects such content breaches the Acceptable Use Policy.
7.3 TandyUK shall notify You if it becomes aware of any allegation that You breach the Acceptable Use Policy.
7.4 Refusal of Service based on the content being contrary to our Acceptable Use Policy is entirely at the discretion of TandyUK.
7.5 TandyUK reserves the right to move Your data to a different server with no prior notice.
7.6 You shall indemnify TandyUK against all damages, losses and expenses arising as a result of any action or claim that the data, content and/or any other material breaches the Acceptable Use Policy.
7.7 In the event that TandyUK removes data or content from the Services and/or suspends Your site pursuant to clause 7.2, and later reinstates such content and/or resumes the Services, You shall indemnify TandyUK against all damages, losses and expenses arising as a result of any action or claim that such content and/or data and/or the Services Your site breaches the Acceptable Use Policy.
7.8 If, while using the Services, you discover that another person is using the Services, and failing to do so in accordance with the Agreement, you must inform us immediately.
7.9 You agree that you will, at all times and for whatever purpose, use the Services and/or the Equipment in compliance with all Laws.
7.10 In addition to Clause 7.9, you agree that you will not use, and will take all necessary precautions to ensure that nobody else uses, the Services and/or the Equipment:
(a) fraudulently or in connection with any criminal offence;
(b) to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
(c) to cause annoyance, inconvenience or anxiety;
(d) to "spam" or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party;
(e) in any way which, in our reasonable opinion, is or is likely to be detrimental to the provision of services to you or any of our customers, or to our business and/or reputation;
(f) in contravention of any licences or third party rights, or in contravention of our Acceptable Use Policies; or
(g) in a way that does not comply with any instructions provided to you.
8. Scheduled maintenance
8.1 To guarantee optimal performance on the servers, it is necessary for TandyUK to perform routine maintenance. Such maintenance often requires taking TandyUK Services off-line, typically performed during off-peak hours. TandyUK will give You advance notice of maintenance requiring the Services to be taken off-line whenever possible by publishing notice on the TandyUK Servers website.
9. Support
9.1 We will endeavour to provide a continuous high quality service. If You experience problems with Your Service, You should consult TandyUK Servers support website and search for a resolution to Your problem in TandyUK Servers Knowledge Base. You will also find TandyUK Servers 24/7 support contact details on TandyUK Servers support website at http://www.tandyukservers.co.uk/support.php.
9.2 Please note we may require suspension of some of TandyUK Services for short scheduled periods to carry out maintenance or repair to TandyUK Services. Information concerning scheduled downtime is available on the TandyUK Servers support website, as are details of any interruptions to TandyUK Services.
10. Reselling of Services
10.1 All Services are intended for use by the primary owner only, should you choose to resell, store or give away web-hosting Services to other parties You agree that such activity will be undertaken at your own risk. You also accept responsibility for ensuring that all end users abide by these terms of service.
10.2 TandyUK accept no liability to you or any third parties for losses arising from the Reselling of services as detailed in 10.1.
10.3 TandyUK reserve the right to suspend access to the automated management facilities of the Reseller account including the API (Application Programming Interface) if a customer's use is deemed to be affecting the platform for which TandyUK delivers the Services.
10.4 TandyUK will only provide technical support to the primary owner of the Service. Should you choose to resell, store or give away web-hosting Services to other parties You agree that any technical support required by these other parties is to be provided by You.
11. Database Usage
11.1 If You exceed the limits on TandyUK database products (MS SQL and MySQL) then we will automatically charge You for the additional space You use at TandyUK current Prices. For example if You have a 150MB database and 200MB is in use at any point during a month then we will charge for the extra 50MB in that month.
12. Data
12.1 All data created or stored by You within TandyUK Servers' applications and servers are Your property. TandyUK shall allow access to such data by only authorised TandyUK personnel. TandyUK makes no claim of ownership of any web server content, email content, or any other type of data contained within the accountholder's server space or within applications on TandyUK Servers' servers.
12.2 TandyUK maintains backups of its servers and infrastructure pursuant to its own archiving and business continuity procedures. In the event of loss of or damage to your data relating to actions made by You or on Your behalf you will not be given access to any data stored as part of these procedures.
12.3 In the event of loss of or damage to your data relating to a failure in TandyUK systems or servers, TandyUK will make reasonable commercial efforts to assist you in the restoration of your data, however You accept full responsibility for maintaining adequate backup copies of all your data.
12.4 You shall indemnify TandyUK against all damages, losses and expenses arising as a result of any action or claim that the content or data of Your site or content or data accessed from or published as part of the Services infringes the intellectual property rights of a third party.
13. Uploads via scripting languages
13.1 We limit uploads made via scripting languages - including PHP, ASP and ASP.NET. Uploads made using PHP are limited to 20MB per file.
14. Passwords
14.1 It is the account owner's responsibility to keep his/her password(s) confidential, and to change the password on a regular basis. TandyUK is not responsible for any data losses or security issues due to stolen passwords or any passwords that You have intentionally or accidentally disclosed to any third party. TandyUK recommends that You use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. "12345", "password", etc.).
14.2 You accept full responsibility for any purchases or modifications made within your control panel by You or by third parties using your account password.
15. Your personal details
15.1 You warrant that the contact information that you provide to us on establishment of your account is correct, and that You accept responsibility for keeping this information up to date at all times. You agree that we may suspend access to your account and the Services if we reasonably believe that the information you have supplied is inaccurate.
15.2 Please note that whilst Your email is primarily used for billing purposes, TandyUK reserves the right to email You information about its product offerings. You can unsubscribe from marketing communications within Your TandyUK Servers control panel, or by using the opt-out option during account signup.
15.3 TandyUK will not provide any of Your personal information to other companies or individuals without Your permission unless required to do so by law. However, TandyUK may need to provide Your name and delivery address to third parties that TandyUK may use for the purposes of delivering specific Services to You (e.g. customer support). For more information about how TandyUK will collect and use Your personal information please read TandyUK Servers' privacy policy at http://www.tandyukservers.co.uk/terms.php?page=privacy.
16. TandyUK Disclaimers and Warranties
16.1 TandyUK does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, TandyUK cannot guarantee to be able to replace lost data. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all Service interruptions caused by TandyUK.
16.2 TandyUK makes no warranties or representations that any Service will be uninterrupted or error-free. You accept all Services provided hereunder "as is" without warranty of any kind.
16.3 So far as permitted by law and particularly in respect of non-consumers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the Services to be provided hereunder to the fullest extent permitted by law.
16.4 For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.
17. Liability
17.1 TandyUK shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.
17.2 TandyUK will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
17.3 No matter how many claims are made and whatever the basis of such claims, TandyUK Servers' maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by You for the Services in relation to which Your claim arises during the 12 month period prior to such claim.
17.4 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of TandyUK, its employees or its sub-contractors.
17.5 TandyUK shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:-
17.5.1 interruptions to the flow of data to or from the internet;
17.5.2 changes, updates or repairs to the network or software which it uses as a platform to provide the Services;
17.5.3 the effects of the failure or interruption of Services provided by third parties;
17.5.4 factors outside of TandyUK Servers' reasonable control;
17.5.5 Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;
17.5.6 problems with Your equipment and/or third party equipment;
17.5.7 interruptions to the Services requested by You.
18. Force Majeure
18.1 TandyUK shall not be responsible for any failure to provide any Services or perform any obligation under the Agreement because of any act of God, strike, lock-outs or other industrial disputes (whether involving the workforce of TandyUK (or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication Services generally, or other similar force beyond its reasonable control.
19. Non-Waiver
19.1 The failure of TandyUK to require Your performance of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by TandyUK of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
20. Survival
20.1 The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable notwithstanding termination of the Agreement for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.
21. Notice
21.1 You agree that any notice or communications required or permitted to be delivered under this Agreement by TandyUK to You shall be deemed to have been given if delivered by e-mail, in accordance with the contact information You have provided.
22. Governing Law
22.1 Except as otherwise set forth in the Domain Dispute Policy, Your rights and obligations and all contemplated by this Agreement shall be governed by English law and You submit to the exclusive jurisdiction of the English Courts.
23. Legal Fees
23.1 If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.
24. Assignment
24.1 You shall not assign, sub-license or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of TandyUK However, in the event that TandyUK consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
25. Entire Agreement
25.1 This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to herein. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein.
26. Amendment in Writing
26.1 We may update or amend these General Terms and Conditions, the Service Specific Terms & Conditions including any technical specification relating to the Services and/or Package, the Acceptable Use Policy, Privacy Policy and any information relating to the Services/Package from time to time to comply with law or to meet our changing business requirements. We will give You prior notice of any changes to the Agreement and You can choose to cancel the Services without penalty before the new terms affect you. Display of the modified terms and conditions shall be deemed to be notice to you. You also agree to review the terms and conditions regularly to ensure you are aware of any modifications.
27. Further Assurances
27.1 The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.
28. Relationship of the Parties
28.1 Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
29. Joint and Several Obligations
29.1 If any party consists of more than one entity, their obligations here under are joint and several.
30. No Third Party Beneficiaries
30.1 This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.
31. Severability
31.1 In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. TandyUK will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of TandyUK as reflected in the original provision.
