Terms and Conditions

These Terms & Conditions and any Service Specific Terms & Conditions, the Acceptable Use Policy and any information relating to the Services/Packages/Products purchased from ACME Business Solutions and Consultancy Ltd. forms the Agreement between us. If any of these Terms & Conditions are inconsistent with any terms set out in any ACME Business Solutions and Consultancy Ltd. Service Specific Terms & Conditions, the Service Specific Terms & Conditions shall prevail. These Terms & Conditions and any Service Specific Terms & Conditions apply to the Agreement to the exclusion of all other terms and conditions that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing (including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order, communication, specification or other document).

By signing up for any 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 any Services must be in accordance with the Acceptable Use Policy as set out on our Website, http://acme-bsc.co.uk/index.php/terms-of-service/hosting-acceptable-use-policy. The Acceptable Use Policy, Terms & Conditions and any Service Specific Terms & Conditions may be revised by us from time to time by posting any updated version on our Website.

By nature of owning a ACME Business Solutions and Consultancy Ltd. account, or purchasing any products or services provided by ACME Business Solutions and Consultancy Ltd. or their partners, You accept these Terms & Conditions.

  1. Definitions
    1. “Agreement” or “Contract” means any agreement to which these terms & conditions, the Order and any other document referenced in them are incorporated.
    2. “ACME BSC” means ACME Business Solutions and Consultancy Ltd. and any associated group companies with registered office at 139 Station Road, Earls Barton, Northampton, NN6 0NX, company number 10656777.
    3. “Partner” or “Partners” means any other company or individual ACME BSC may use to provide part or all of the Order
    4. “We” or “Us” or “Our” or “Ours” or “Ourselves” means ACME BSC and it’s Partners
    5. “Package” or “Packages” means a collection of Services.
    6. “Pay As You Go” means ACME BSC’s no minimum term commitment monthly payment option.
    7. “Prices” means the Prices payable by You pursuant to clause 5 for the provision any Services set out in order form or as otherwise notified to You.
    8. “Charges” means the Prices payable by You pursuant to clause 5 for the provision any Services set out in order form or as otherwise notified to You.
    9. “Services” means the Services to be provided by ACME BSC
    10. “Products” means any Products agreed in the Order to be supplied to the Customer by ACME BSC (including any part or parts of them).
    11. “Customer” or “Customers” or “You” or “Your” means the person or company who is purchasing Services, Packages or Products from ACME BSC.
    12. “Authorisation” our Partners authorisation to provide communications networks and services pursuant to the OFCOM general authorisation regime.
    13. “Committed Spend” the amount set out in the Order which you commit to pay in respect of call charges during each month of the Initial Term and any Extended Term.
    14. “Average Monthly Call Charges” the average monthly call charges calculated by reference to your last three monthly bills.
    15. “Equipment” our equipment as specified in the Order which ACME BSC or it’s Partners may loan to you for use in respect of the Services.
    16. “Hardware” your equipment, network, systems and software which you use in connection with the Services.
    17. “Facility Limit” the monthly financial limit applied to the Charges of 125% of the value of the estimated call spend (set out on the Order).
    18. “Initial Term” the period commencing on the Start Date and ending on the contracted anniversary thereof.
    19. “Fixed Term” the period commencing on the Start Date and ending on the contracted anniversary thereof.
    20. “Extended Term” in respect of the Contract any renewal period of 12 calendar months in accordance with clause 2
    21. “Order” your order for Services which has been accepted and signed by us and which sets out the scope of the Service, the relevant Charges and any special terms which are particular to those Services.
    22. “Partner Network” our Partner telecommunications network and equipment which we use to provide the Services.
    23. “Premises” your premises at which the Equipment will be installed.
    24. “Service Failure” means any failure, error or defect in the provision of the Services by us but excluding:
      • any failure, error or defect arising from, caused by or contributed to by your acts or omissions or those of third parties (including other providers of telecommunications, computers or other equipment or services including internet services), or
      • any failure, error or defect arising as a result of causes beyond our reasonable control.
    25. “Service Hours” means our normal working hours of 9.00am to 5.00pm, Monday to Friday excluding UK public holidays.
    26. “Software” means the software provided by us to you for the purposes of enabling you to use the Services including all associated documentation.
    27. “Start Date” the date of go live the start of the Services
    28. “Website” our website at http://acme-bsc.co.uk
  2. ORDER PROCESS
    1. All orders placed by the Customer are subject to final acceptance by ACME BSC
    2. Following receipt of any order, ACME BSC may send to the Customer an order acknowledgement detailing the Products which have been ordered. This communication is not an order confirmation or order acceptance from ACME BSC.
    3. Acceptance of the Customers order will take place when ACME BSC confirms receipt of the Order and the completion of the Contract between ACME BSC and Customer will take place on despatch or delivery to the Customer of the Products ordered unless ACME BSC has notified the Customer that the order has not been accepted.
  3. DELIVERY
    1. Delivery of the products shall be made:
      1. to the Customers address;
      2. at ACME BSC’s discretion, to any address specified by the Customer; or
      3. by the Customer collecting Products directly from ACME BSC at an arranged time after ACME BSC has notified the Customer that the Products are ready for collection.
  4. Duration and Renewal of Services
    1. Services for which payment is required on a monthly basis are available for fixed 12 month, 24 month or 36 month minimum contract periods or 12 month, 18 month, 24 month or 36 month Initial Term contract periods. Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, the minimum contract term on all Packages, whether Fixed Term or Initial term, shall be 12 months
    2. When Entering into a contract as a consumer (not in the course of conducting business) the Consumer Protection (Distance Selling) Regulations 2000 allow you to cancel the Contract at any time within seven working days, beginning on the day after you receive written confirmation of our acceptance of your order. However, by placing your order for the Services, you agree to us commencing supply of those Services before the seven working days cooling off period has expired. As a result, you will not have the right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000.
  5. Cancellations
    1. When entering into a contract as a consumer (not in the course of conducting business) the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013 (“the regulations) allow you to cancel the Contract at any time within 14 days, beginning on the day after you receive written confirmation of our acceptance of your order. However, by placing your order for the Services, you agree to us commencing supply of those Services before the 14 days cooling off period has expired. As a result, you will not have the right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013.
    2. 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.
    3. Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, or agreed by ACME BSC 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.
    4. You are entitled to cancel the services by contacting ACME BSC no more than 90 days prior to the expiry of your minimum contract term , and no less than 30 days prior to the expiry of your minimum contract term. Once ACME BSC accept your cancellation request you will be provided with written confirmation of cancellation requests will not be deemed to have been received and accepted until we have issued our written confirmation to you.
    5. ACME BSC 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.
  6. Refunds
    1. Charges due on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable.
    2. In the event that ACME BSC 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.
    3. If You contravene Your Agreement with ACME BSC, a refund will not be issued in the event of a cancellation.
    4. Credit notes can only be used for payment (or partial payment) of Your Service, and are non-refundable.
  7. Payment
    1. All Services and Packages must be paid for in advance in accordance with the specific provisions of that Service or Package. In signing up for a ACME BSC account You agree to commit to the contract for the fixed term. You shall pay the Charges with effect from the Start Date in accordance with the payment terms set out in the Order. It is not possible to provide early payment and terminate the contract prior to the expiry of the fixed term.
    2. Payment will be due on the basis of the Service and/or Package You have selected. If You have purchased “Pay as You go” Services or Packages then payment will be required monthly in advance. If You have purchased Services on a fixed 12 month, 24 month or 36 month basis then You will be required to pay on the payment plan You selected, paying in advance or by way of monthly instalments in advance throughout the year.
    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 3.1. Payment of the Price will be invoiced to You and will become due and payable to ACME Business Solutions and Consultancy Ltd. in its entirety.
    4. Subject to clause 5.5, ACME BSC 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 on Your ACME BSC 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, initial term or extended term. You will be charged the new Price when the Service is automatically renewed at the end of the current term, the Service reaches the end of the initial term or the service reaches the end of the extended term.
    5. Notwithstanding clause 5.4, we reserve the right to increase the Charges during the Initial Term or any Renewal Term as a result of any increase in our costs which are imposed on us by any third party in connection with the provision of the Services to you. Any such increase will be subject to 30 days written notice to you.
    6. All payments must be made in UK pounds sterling, exclusive of value added tax (if any) which shall be paid at the rate and in the manner for the time being prescribed by law.
    7. You warrant that You are authorised to make payment using the payment card or facility You disclose to ACME BSC. 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 ACME BSC’s Terms & Conditions and are jointly and severally liable for the payment of all Prices. You will indemnify and hold ACME BSC harmless in the event that the cardholder or issuer declines any transaction for payments to ACME Business Solutions and Consultancy Ltd., including all of ACME Business Solutions and Consultancy Ltd.’s costs in administering Your non-payment and obtaining payment of those Prices due.
    8. ACME BSC 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 ACME BSC accepts Your cancellation request. You are responsible for any additional costs incurred by ACME BSC in the collection of outstanding debt.
    9. You are required to have a valid email address registered to Your account at all times, failure to do so will result in automatic suspension of Your account.
    10. Payments processed by PayPal are subject to PayPal’s terms and conditions of Service, and ACME BSC makes no representations or warranties with respect to those Services.
    11. No bills or invoices will be sent by regular mail. All invoices will be sent directly to You via email either on the Service/Package commencement date set out in the Order or at the end of each month.
    12. If You fail to pay all Prices due, ACME BSC 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 ACME BSC.
    13. Please refer to ACME BSC’s Service Specific Terms & Conditions including, but not limited to, the Domain Name terms of Service for Domain Name for specific payment policies.
    14. 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 invoiced to the email address registered on Your account.
    15. You must notify us of any query or dispute in respect of any invoice, or any part of an invoice within thirty (30) days of the date of the invoice and we shall negotiate in good faith as soon as reasonably practicable to resolve the dispute. If you do fail to notify us of any dispute within the thirty (30) day period, the full amount of the invoice shall be payable. Payment for all sums not in dispute shall be made on the due date.
    16. We may demand payment by you of such sums as are sufficient to meet any fines, administrative charges or other sums payable by us to our Partners and which our Partners claim entitlement under contract.
  8. Chargebacks
    1. If You withdraw any payments made via a bank, credit card or PayPal account (a “chargeback”) ACME BSC 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.
    2. If a chargeback is made, ACME BSC 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 ACME BSC.
  9. Appropriate Service use
    1. We reserve the right to refuse Service and/or access to servers and/or Services to anyone.
    2. We do not allow any content which breaches our Acceptable Use Policy to be stored on its servers. We reserve the right to remove content from the Services or suspend the Services immediately where they reasonably suspect such content breaches the Acceptable Use Policy.
    3. We shall notify You if they becomes aware of any allegation that You breach the Acceptable Use Policy.
    4. Refusal of Service based on the content being contrary to our Acceptable Use Policy is entirely at the discretion of We.
    5. We reserve the right to move Your data to a different server with no prior notice.
    6. You shall indemnify We 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. In the event that We removes data or content from the Services and/or suspends Your Services/Packages pursuant to clause 7.2, and later reinstates such content and/or resumes the Services, You shall indemnify We 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 Services/Packages breaches the Acceptable Use Policy.
    8. You agree that you will not use the Services in a way which would:
      1. breach or cause us to breach any applicable laws or regulations;
      2. compromise the security of Our Networks or Equipment or the Services by accessing, storing, distributing or transmitting any viruses, Trojan horses, worms, time- bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
      3. enable or permit unauthorised access by you or any third party to data stored on Our networks;
      4. do anything which would cause a degradation of service to any of our other customers;
    9. During your use of the Services you shall not access, store, distribute or transmit any data or materials that are:
      1. misleading, or misrepresentative of your identity or affiliation with any person; or
      2. obscene, indecent, pornographic, offensive, defamatory, facilitates illegal activity; or promotes unlawful violence; or
      3. discriminatory (based on race, sex, religion, nationality, disability, sexual orientation or age); or
      4. in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promoting any illegal activity; and we reserve the right, without liability to you, to disable your access to any data or materials that breach the provisions of this clause.
    10. You shall not:
      1. transmit or cause to be transmitted unsolicited marketing or advertising materials contrary to applicable laws; or
      2. access all or any part of the Services in order to build a product or service which competes with the Services; or
      3. use the Services to provide services to third parties; or attempt to obtain, or assist third parties in obtaining, access to the Services, other than as provided under this clause 7; or
      4. sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party.
      5. breach or cause Us to breach any applicable data protection legislation including, but not limited to, the Data Protection Act 1998;
      6. lose or cause Us to lose or breach or cause us to breach Our Authorisation.
      7. exceed Our fair usage policies on applicable services (intermit) as published on our Website.
    11. You will indemnify Us against any claims, proceedings or threatened proceedings from third parties and against any loss or damage suffered by Us arising from any breach of Your obligations under this Contract including this Clause 7, and for all costs and expenses reasonably incurred by us in investigating and defending Ourselves in relation to any such claims, proceedings or threatened proceedings.
    12. You will ensure that Your usage of the Services does not exceed the Facility Limit or cause congestion or otherwise disrupt Our Networks. You will give Us not less than 2 working days written notice of any advertising, promotion or other campaigns which may result in abnormal demands being placed on Our networks.
  10. Scheduled maintenance
    1. To guarantee optimal performance on the servers, it is necessary for We to perform routine maintenance. Such maintenance often requires taking Services off-line, typically performed during off-peak hours. ACME BSC will give You advance notice of maintenance requiring the Services to be taken off-line whenever possible by publishing notice on the ACME BSC Website.
  11. Support
    1. We will endeavour to provide a continuous high quality service. If You experience problems with Your Service, You should consult ACME BSC support website and search for a resolution to Your problem in ACME BSC Knowledge Base. You will also find ACME BSC support contact details on ACME BSC support website at http://support.acme-bsc.co.uk
    2. Please note we may require suspension of some Services for short scheduled periods to carry out maintenance or repair to Services. Information concerning scheduled downtime is available on the ACME BSC support website, as are details of any interruptions to Services.
  12. Reselling of Services
    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.
    2. ACME BSC accept no liability to you or any third parties for losses arising from the Reselling of services as detailed in 10.1.
    3. ACME BSC 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 from which the Service is delivered.
  13. Database Usage
    1. If You exceed the limits on any database products (MS SQL and MySQL) then we will automatically charge You for the additional space You use at ACME BSC’s 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.
  14. Data
    1. All data created or stored by You within Our applications and servers are Your property. We shall allow access to such data by only authorised ACME BSC and Partner personnel. We make 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 Our servers.
    2. We maintain 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.
    3. In the event of loss of or damage to your data relating to a failure in Our systems or servers, ACME BSC 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.
    4. You shall indemnify Us 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.
  15. Uploads via scripting languages
    1. We limit uploads made via scripting languages – including PHP, ASP and ASP.NET. Uploads made using PHP are limited to 20MB per file.
  16. Passwords
    1. It is the account owner’s responsibility to keep his/her password(s) confidential, and to change the password on a regular basis. We are 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. We recommend 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.).
    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.
  17. Your personal details
    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.
    2. Please note that Your email address will only be used by Us for account related communications.
    3. We will not provide any of Your personal information to other companies or individuals without Your permission unless required to do so by law. However, We may need to provide Your name and delivery address to third parties that We may use for the purposes of delivering specific Services to You (e.g. customer support). For more information about how We will collect and use Your personal information please read Our privacy policy.
  18. ACME BSC Disclaimers and Warranties
    1. We do not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, We 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 Us.
    2. We make 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.
    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.
    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.
  19. Limitations of Liability
    1. We 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.
    2. We 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.
    3. No matter how many claims are made and whatever the basis of such claims, Our 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.
    4. None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Us, its employees or its sub-contractors.
    5. We shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:-
      1. interruptions to the flow of data to or from the internet;
      2. changes, updates or repairs to the network or software which it uses as a platform to provide the Services;
      3. the effects of the failure or interruption of Services provided by third parties;
      4. factors outside of Our reasonable control;
      5. Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;
      6. problems with Your equipment and/or third party equipment;
      7. interruptions to the Services requested by You.
  20. Force Majeure
    1. We 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 Our workforce (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.
  21. Non-Waiver
    1. The failure of Us 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 Us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
  22. Survival
    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.
  23. Notice
    1. You agree that any notice or communications required or permitted to be delivered under this Agreement by Us to You shall be deemed to have been given if delivered by e-mail, in accordance with the contact information You have provided.
  24. Governing Law
    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.
  25. Legal Fees
    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.
  26. Assignment
    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 Us, However, in the event that We consent 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.
  27. Entire Agreement
    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.
  28. Amendment in Writing
    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.
  29. Further Assurances
    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.
  30. Relationship of the Parties
    1. Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
  31. Joint and Several Obligations
    1. If any party consists of more than one entity, their obligations here under are joint and several.
  32. No Third Party Beneficiaries
    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.
  33. Severability
    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. We 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 as reflected in the original provision.