3.1.1 you are legally capable of entering into binding contracts; and

3.1.2 you are at least 18 years old.

3.2 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.

4.2 Before you submit an order (by clicking the "Submit Order" button) you will be shown your order on screen including details of the Services you have wish to order and the price payable. You will then have an opportunity to identify and correct any input errors in your order for the Services.

4.3 You will only be allowed to submit an order once you have registered a credit card or debit card on your account or set up a paperless direct debit.

4.4 After placing an order for the Services we will give you details of the Services you have ordered. We will send the same details to you in an email, together with an invoice, to the email address you provided when you registered your account with us.

4.5 You can view copies of the invoices we have sent you and details of what you have purchased from our website by logging into your account.

5.2 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 in a separate Acceptance Confirmation.

7.2 This provision does not otherwise affect your statutory rights.

8.2 To cancel the Contract under clause 8.1, you must inform us in writing before the end of the thirty (30) day period mentioned in clause 8.1. As part of our cancellation process, we will respond to you to confirm your cancellation request. You must re-confirm your cancellation request or we will continue to supply the Hosting Service and your cancellation under clause 8.1 will be ineffective.

8.3 You will not have any right under clause 8.1 to cancel the Contract for the supply of any other Services other than that noted in clause 8.1. Therefore, the Services which may not be cancelled include (but are not limited to):

8.3.1 Hosting Services where you request a dedicated hosting server;

8.3.2 Domain Registration and Renewal Services; and

8.3.3 Use of SSL certificates and other 'add on' products.

9.2 The total cost of your order of the Services will be set out clearly in your Shopping Basket before you submit your order for the Services.

9.3 Prices are liable to change at any time. We will notify you of a change in our prices at least thirty (30) days before the price increase comes into force. Any such price increase will not be effective until the Minimum Term (as defined in clause 20.3) expires. If you do not agree to such price changes, please cancel your Services in accordance with clause 20.3.1. If you do not cancel you will be deemed to have accepted the new prices, and they will be charged to the credit card, debit card or other payment method registered to your account.

9.4 Our website contains the details of a large number of Services and it is always possible that, despite our best efforts, some of the Services listed on our website may be incorrectly priced. Where a Service's correct price is less than our stated price, we will charge the lower amount when accepting your order. If a Service's correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before accepting your order, or reject your order and notify you of such rejection.

9.5 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, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

9.6 You must register a payment method for the Services you have ordered before submitting your order. You may pay by credit or debit card or, alternatively, you may set up a paperless direct debit against your account. We will take payment from the payment method you have registered against your account immediately upon sending you our Acceptance Confirmation or shortly thereafter. If we subsequently reject your order, we will refund the payment you have made to the credit card, debit card or other account you used to make the payment.

9.7 Please note that when purchasing a Service, you are obliged to pay for that Service for the whole of the Minimum Term (as defined in clause 20.3) that applies to it (unless you have cancelled the Service under clause 8.1) even though you may pay by monthly direct debit payments. Consequently, you must not cancel your direct debit payments without first cancelling your Services under clause 20.3.1. If you do so, we will seek to recover any outstanding payments due to us by other means, including by taking appropriate legal action.

9.8 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 authorised by your credit card provider or bank, you hereby authorise us to seek payment from any other credit card, debit card or direct debit registered against your account. Further, if your payment is still not authorised we may, at our discretion, suspend or terminate any Services we provide to you from time to time, even if payment in respect of such Services is not outstanding.

10.2 We will not be liable for a breach of the warranty in clause 10.1 unless:

10.2.1 you give written notice of the breach to us and

10.2.2 we are given a reasonable opportunity after receiving the notice of examining our provision of the Services to you.

10.3 We will not be liable for a breach of the warranty in clause 10.1 if:

10.3.1 the problem arises because you failed to follow our oral or written instructions as to the use of the Services (if there are any); or

10.3.2 you alter the Services without our written consent; or

10.3.3 the problem arises because of misuse.

10.4 Subject to clause 10.2 and clause 10.3, if we are in breach of the warranty in clause 10.1 we will, at our expense, use all reasonable commercial efforts to remedy the breach promptly or refund the price of the Services at the pro rata Contract price. This constitutes your sole and exclusive remedy for any breach of the warranty set out in clause 10.1. Notwithstanding the foregoing, we do not warrant that your use of the Services will be uninterrupted or error-free.

10.5 We reserve the right to modify the Services without notice to you provided such modification does not adversely effect your access to, or use of, the Services or detract from the overall performance of the Services. Any change which may have such adverse effect on you or may detract from the overall performance of the Services will be notified to you at least sixty (60) days prior to the change taking effect.

10.6 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.

12.2 Service credits are not given for any form of downtime or service unavailability.

13.2 If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavours to avoid any disruption to you.

13.3 You agree that you shall have no right, title or interest to any IP address upon expiry or termination of the Services, and that the acquisition by you of a new IP address following expiry or termination of the Services shall be solely your responsibility.

14.2 We will follow our archiving procedures for the data stored on our servers. In the event of any loss or damage to our servers, your sole and exclusive remedy will be for us to use reasonable commercial efforts to restore the data on our servers (including your Material) from the latest back-up we maintained in accordance with our archiving procedure. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party.

15.1.2 you do not use the Hosting Service as a backup of, or repository for, your Material;

15.1.3 you maintain good housekeeping to maintain your Material; and

15.1.4 your comply with our acceptable use policy http://www.theweborchard.com/aup

15.3 Unless the Hosting Service package you order includes a dedicated server, you will only be allowed to use a maximum of five (5) per cent of our server's processing capacity when using the Hosting Service package you order. At our absolute discretion, we may allow your usage to exceed this limitation, and we will speak to you about your hosting requirements if your usage has, or may have, a detrimental effect on our other customers.

15.4 The Hosting Service package you order includes the number of mailboxes applicable to that hosting package as this is set out on our website (http://www.theweborchard.com/hosting ) at the time of your order. However, any mailboxes that have not been accessed for one hundred (100) clear days will be automatically deleted from our system.

15.5 When using the Services, you must comply with our terms of website use http://www.theweborchard.com/webuse and our acceptable use policy http://www.theweborchard.com/aup and these are incorporated into the Contract by reference. Any conflict between our terms of website use and these terms and conditions, will be resolved in favour of these terms and conditions.

17.1.1 we will endeavour to procure the registration of the domain name you request;

17.1.2 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;

17.1.3 we shall not act as your agent or on your behalf in any dealings with domain name registry;

17.1.4 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 obtain and consider.

17.1.5 you are responsible for ensuring that you are aware of the terms referred to in clause 17.1.4 so that you can comply with them; 17.1.6 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;

17.1.7 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; and

17.1.8 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.

17.2 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 authorised 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.

17.3 Once the domain name has been successfully registered, it will need to be renewed periodically to ensure you retain your registration of it. You hereby authorise us to automatically renew the domain name for you unless you have cancelled the Domain Registration and Renewal Service in accordance with clause 20.1.1.

18.2 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.

18.3 If you download software we own from our website, we grant you a non-exclusive, non-transferable royalty free licence to use that software for the purpose set out on our website in relation to that software. Such licence will automatically terminate when we stop providing the Hosting Services to you.

18.4 Any third party software that you download from our website shall be licensed to you on the standard software licence terms of the owner of the intellectual property rights in that third party software as those licence terms are notified to you at the time you download such software.

18.5 We retain all intellectual property rights in the Hosting Services (other than in your Material) and our software referred to in clause 18.3. Accordingly, you must not decompile, disassemble or reverse engineer the Hosting Services or our software.

18.6 We will defend you against any claim that the Hosting Services (but not materials stored or maintained on our servers by third parties) infringe any United Kingdom intellectual property rights of a third party (other than infringements referred to in clause 18.2), and shall indemnify you for any amounts awarded against you in judgment or settlement of such claims, provided that:

18.6.1 you give prompt notice of any such claim;

18.6.2 you make no admissions or settlements without our prior written consent;

18.6.3 you provide reasonable co-operation to us in the defence and settlement of such claim, at your expense; and

18.6.4 we are given sole authority to defend or settle the claim.

18.7 In the defence or settlement of the claim, we may obtain for you the right to continue using the Hosting Services, replace or modify the Hosting Services so that they become non-infringing or, if such remedies are not reasonably available, terminate the Contract with you without liability to you (in which case we will refund to you the price you have paid on a pro-rata basis). We will have no liability to defend or indemnify you if the alleged infringement is based on:

18.7.1 a modification of the Hosting Services by anyone other than us;

18.7.2 your use of the Hosting Services in a manner contrary to our instructions or our acceptable use policy http://www.theweborchard.com/aup; or

18.7.3 your use of the Hosting Services after notice of the alleged or actual infringement from us or any appropriate authority.

18.8 The foregoing states your sole and exclusive rights and remedies, and our entire obligations and liability, for the infringement of any third party's intellectual property rights by the Hosting Services.

19.2 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 and no guarantee or representation is given that the Hosting Services will be free from hackers or unauthorised users. You shall be liable for the content of any emails transmitted by virtue of the Hosting Services, for any material you upload to, or allow to be uploaded to, our servers and for ensuring compliance at all times with all relevant legislation (including, but not limited to the Data Protection Act 1998 and all other privacy laws, regulations and guidance notes made or issued thereunder).

19.3 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.

19.4 We do not exclude or limit in any way our liability:

19.4.1 for death or personal injury caused by our negligence;

19.4.2 under section 2(3) of the Consumer Protection Act 1987;

19.4.3 for fraud or fraudulent misrepresentation; or

19.4.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

19.5 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:

19.5.1 loss of income or revenue;

19.5.2 loss of business;

19.5.3 loss of profits or contracts;

19.5.4 loss of anticipated savings;

19.5.5 loss of goodwill;

19.5.6 loss of software or data;

19.5.7 wasted expenditure (such as pay per click advertising costs); or

19.5.8 wasted management or office time.

19.6 Subject to clause 19.4 and clause 19.5, 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 one hundred and ten (110) per cent of the price you have paid to us for the Services during the twelve (12) months preceding the event giving rise to the liability in question. Accordingly, 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).

19.7 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.

20.1.1 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 by logging into your domains control and setting the Domain Name renewal option to "cancel" at anytime before the renewal date; or

20.1.2 we terminate the supply of our Domain Registration and Renewal Service by notice to you because:

20.1.2.1 the Domain Name is no longer available for registration;

20.1.2.2 clause 17.1.7 applies;

20.1.2.3 you are in breach of clause 17.1.8; or

20.1.2.4 of some other reason preventing the registration of the Domain Name.

20.2 If we terminate the Domain Registration and Renewal Service under clauses 20.1.2.1, 20.1.2.2 or 20.1.2.4, 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.

20.3 That part of the Contract relating to Services other than our Domain Registration and Renewal Service will also commence on the date we send you our Acceptance Confirmation. Unless such Services are terminated as provided in this clause 20.3, they shall continue for the minimum period of time that applies to the Service you have purchased (as these are set out on our website and subsequently confirmed in the Acceptance Confirmation) ("Minimum Term"). After expiry of the Minimum Term, they will continue on a month to month basis until terminated:

20.3.1 by you giving to us at least seventy-two (72) hours advance written notice. As part of our cancellation process, we will respond to you through our email system and you must re-confirm your cancellation request. You will not receive any refund of the price you have paid for the Services you have cancelled; or

20.3.2 by us giving to you at least thirty (30) days advanced notice in written sent to the then current email address registered against your account.

20.4 The monthly price for Services we supply under Contracts that continue on a month to month basis under clause 20.3 shall be charged monthly in advance directly to a credit card, debit card or other payment method registered against your account. Such payment will be taken on the same date of the month as on which the Services had originally commenced ("Payment Date") unless or until you cancel the Services in accordance with clause 20.3.1. We will not provide you with a refund for a cancellation that is part-way through a billing period. Where the Payment Date does not recur in a particular month (e.g., 31 January, but there is no 31 February), you will be charged on the closest preceding date to the Payment Date (e.g., 28 February) for that month.

20.5 Without prejudice to any other right to terminate or suspend the Services we may have under these terms and conditions, our website terms of use http://www.theweborchard.com/webuse or our acceptable use policy http://www.theweborchard.com/aup, we may terminate the Contract at any time by giving you thirty (30) days advance notice by emailing you at the email address registered against your account. 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.

20.6 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 seven (7) days notice to you and/or, at our absolute discretion, terminate or suspend without notice any individual Services we provide to you from time to time.

20.7 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.

21.2 If you have purchased a Hosting Service aimed at resellers, your package will allow multiple accounts to be set up for your customers. If you disable any of these accounts and they remain disabled for fifty (50) clear days, we will immediately and permanently delete those disabled accounts (and all the data hosted in relation to them) from our system.

25.2 The Contract is binding on you and us and on our respective successors and assigns.

25.3 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.

25.4 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.

26.2 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:

26.2.1 misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);

26.2.2 strikes, lock-outs or other industrial action;

26.2.3 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

26.2.4 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

26.2.5 impossibility of the use of public or private telecommunications networks; and

26.2.6 the acts, decrees, legislation, regulations or restrictions of any government.

26.3 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 endeavours to 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.

27.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

27.3 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 in accordance with clause 24.

29.2 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.

29.3 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.

30.2 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), or if we notify you of the change to those policies or these terms and conditions before we send you the Acceptance Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven (7) working days of receipt by you of the Acceptance Confirmation).

30.3 No variation of these terms and conditions shall be valid unless it is in writing and signed on our behalf.