Terms

Agreement

These Terms and Conditions and all documents incorporated by reference herein.
Additional Charges
Charges payable by the Customer to Your Postcode after the Commencement Date for: (i) any additional Services that the Customer orders, (ii) Third Party Software that Your Postcode supplies to the Customer upon request, or (iii) for applicable Bandwidth Surcharge Costs.
Bandwidth Surcharge Costs
An extra charge payable by the Customer to Your Postcode for additional data transfer volume over and above the preset limit for the applicable Services used by the Customer, and as published on the Website.
Business Days
A day which is not a Saturday or Sunday or public or bank holiday in England and Wales.
Charges
Payment for Services ordered, inclusive of any Set-up Fees that may apply, due from the Customer to Your Postcode under this Agreement, and as set out on the Website or at the time of the Order and in the Service Confirmation.
Commencement Date
The date of receipt by the Customer of a Service Confirmation confirming Your Postcode's acceptance of the Order.
Commencement Period
The first twelve (12) calendar months of the supply of Services to the Customer starting from the Commencement Date.
Computer Virus(es)
Any computer software on any computer or digital media that destroys, corrupts, alters, damages Data Material, for example worms, trojan horses, parasite virus, bomb virus, boot virus, program virus, multipartite virus, stealth virus, polymorphic virus, macros virus, subseven or any other types of virus as defined by the computer community world-wide from time to time.
Confidential Information
All information which the Parties consider confidential and/or proprietary and which the Party receiving the information acquires including, but not limited to: tangible, intangible, oral, visual, electronic, present, or future information howsoever and whensoever acquired. This includes (without limitation) information acquired by post, fax, e-mail, by text message (SMS) or by visual inspection during any tours or visit of Your Postcode's facilities or premises, such information to include, without limitation:

trade secrets (whether or not subject to or protected by copyright, patent, trademark (registered or unregistered);
financial information, including but not limited to pricing;
technical information, including but not limited to research, development, procedures, algorithms, data, designs, and know-how; and
business information, including but not limited to operations, planning, marketing interests, and products.

Correspondence Address
Your Postcode, 80 Lytham Road, Fulwood, Preston PR2 3AQ
Credit/Debit Card
Any credit card or debit card issued by financial institutions which is acceptable to Your Postcode and includes (without limitation), Master Card, American Express, Switch Card, Delta Card and Visa Card.
Customer
The Person, Persons or business entity requesting the Services under this Agreement.
Your Postcode
A brand of Your Postcode Limited registered in England (Company No. 6116654), whose registered office is at 108 Pall Mall, Chorley, Lancashire, PR7 2LB. (Please use the correspondence address for any communications to us.)
Data Material
Distinct pieces of machine readable information which can be in the form of images, text (on websites and e-mail), software, collection of software codes and scripts, and any other machine readable information used in connection with the Services by the Customer or as supplied by Your Postcode.
Force Majeure Event
An event or circumstance beyond the reasonable control of that Party, including (without limitation) any act of God, inclement weather, failure or shortage of power supplies, flood, drought, lightening or fire, strike, lock-out or trade dispute or labour disturbance, the act or omission of government, highway authorities or any telecommunications carrier, operator or administrator or other competent authority, the act or omission of any ISP, war, military operations, acts of terrorism or riot, delay in manufacture, production or supply by Third Parties of equipment or services.
Hosting Period
The period for which the Customer has paid for Services based on the Payment Frequency selected by the Customer.
Intellectual Property Rights
Any registered or unregistered intellectual property rights located or situated in any part of the world, including but not limited to trade secrets, trade marks, service marks, trade names, goodwill, patents, design rights, copyrights, database rights, topographical rights, know-how, moral rights, rights in inventions and ideas and rights to confidence together with any right to apply for any such intellectual property rights and the benefit of any applications for any such intellectual property rights.
Money Back Guarantee
A commitment by Your Postcode to reimburse sums paid by the Customer in accordance with Clause 8 of this Agreement.
Money Back Guarantee Period
The period during which a valid claim for a Money Back Guarantee can be made by a Customer, as stated on the Website at the time of the Customer's Order.
Naming Authority
The official organisation or accredited registrars responsible for the registration and maintenance of domain names within TLD specific zones: Nominet for all .uk domains (http://www.nominet.org.uk.); ICANN for .com, .net, .org, .info, .name, .biz, (http://www.icann.org/); EURID for .eu (http://www.eurid.eu/); CentralNIC for .uk.com, .gb.com, .cc .tv (http://www.centralnic.uk.com/).
Network Infrastructure
Your Postcode's servers or syndicated equipment, computers, storage devices and media, or any other equipment it so uses on its networked LAN or WAN for providing Services to the Customer.
Order
A request made by the Customer to Your Postcode for Services to be supplied subject to this Agreement.
Outstanding Charges
Payments for Services rendered owed by the Customer to Your Postcode and which remain unpaid by the Customer.
Party / Parties
Your Postcode and/or the Customer.
Payment Frequency
The frequency of payment by the Customer to Your Postcode for Services rendered by Your Postcode to the Customer, as selected by the Customer: typically monthly, quarterly, half yearly, or yearly in advance.
Service Confirmation
A service confirmation sent by Your Postcode to the Customer acknowledging the Customer's Order, and which may be submitted to the Customer via e-mail, or postal letter, or any other form that is in effect at the time of Order.
Service Period
The period between the Commencement Date and the date upon which this Agreement is terminated in accordance with the provisions of this Agreement.
Services
The provision of services related to internet connectivity, co-location, dedicated-server and virtual private server, shared virtual web and e-mail hosting, domain registration and any other hosting and non-hosting products and services that Your Postcode may offer to the Customer from time to time.
Support Operational Hours
The operational hours under which Your Postcode's support staff are available to the Customer to provide support and which are available at the following web site address: http://www.Your-Postcodes.co.uk/support/.
Third Party Software
All software that is identified by Your Postcode as belonging to a Third Party.
Third Party
A Person who is not a party to this Agreement.
Website
Your Postcode's main web site located at: http://www.Your-Postcodes.co.uk/

2 Interpretations and Reference
2.1

In this Agreement words denoting the singular include the plural and vice versa and words denoting any gender include all genders.

The words "include", "included", "includes", and "including" are to be construed without limitation.

The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

"Clauses" are referenced to clauses to this Agreement.

"Persons" include a reference to person, individual, corporate, unincorporated association or partnership, firm, State or Agency of the State or any undertaking whether or not having separate legal personality and irrespective of the jurisdiction in or under the law of which it was incorporated or exists.

References to a statute, statutory instrument, regulation, order or licence is a reference to that statute, statutory instrument, regulation, order or licence as substituted, varied or re-enacted from time to time, unless the context otherwise requires.
2 General Terms and Conditions

The terms of this Agreement do not affect the Customer's statutory rights under applicable consumer protection legislation (where the Customer deals as consumer), as amended from time to time, including the:

The Supply of Goods and Services Act 1982;

Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations 1999; and

The Consumer Protection (Distance Selling) Regulations 2000.

Any failure or delay to enforce a provision of this Agreement shall not constitute a waiver thereof or of any other provision.

The Clauses within this Agreement shall apply and be incorporated into any Agreement between the Customer and Your Postcode relating to the supply of Services ordered by the Customer. This Agreement is not an offer to provide the Services, rather it is a statement of the terms under which the Services ordered by the Customer from Your Postcode will be supplied to the Customer by Your Postcode. The Agreement shall apply to all Customers with no variation or addition by the Customer unless first agreed in writing in advance with Your Postcode.

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof, and supersedes any prior oral or written agreements, and all contemporaneous oral communications.

The Customer acknowledges that the Customer has relevant experience and knowledge of the internet, its function, the various Third Party Software used for the internet, and the Services provided by Your Postcode in connection with this Agreement and that Your Postcode has no obligation to:

train the Customer to use any of the Services supplied by Your Postcode;

treat, validate, manipulate, handle or change any Data Material which the Customer is using or intending on using with the Services supplied by Your Postcode; nor

scrutinise, nor determine the suitability, usability, legality, or erroneous nature of such Data Material.

The Services provided by Your Postcode under this Agreement are delivered on the internet and, as such, the Customer acknowledges that, due to the nature of the internet and any services supplied on it, these Services are neither guaranteed to be uninterrupted nor error-free.

Your Postcode shall use reasonable care and skill in providing the Services to the Customer and the Customer acknowledges that the Services shall be subject to: (i) routine maintenance from time to time, and (ii) emergency maintenance when it necessitates in order to ensure consistent high performance of the Services for the Customer.

Without prejudice to Your Postcode's other rights and remedies, Your Postcode shall not be liable for any failure to provide any Services to the Customer as a result of any breach of this Agreement by the Customer, or the Customer's employees, agents, affiliates, or sub-contractors.

To the fullest extent permitted by law, and unless stated within this Agreement, Your Postcode gives no warranty or representation, express nor implied, that the Services supplied shall: (i) meet the Customer's requirements or needs; nor (ii) be timely, accurate, complete, secure, error-free or provided on an uninterrupted basis. The Customer acknowledges that it has taken independent advice and is acquiring the Services from Your Postcode on an "as is" and "as available" basis.

To the extent permitted by law, Your Postcode shall not be liable to the Customer unless stated otherwise in this Agreement and shall have no other obligations, duties or liabilities whatsoever in contract, tort or otherwise to the Customer.

Links to, content from and other value-added products from Third Party websites may be provided by Your Postcode on its Website solely for the Customer's convenience or to enhance the Services supplied by Your Postcode. If the Customer uses such links or products, the Customer is leaving the Website. Your Postcode does not review all of these Third Party websites and does not control and is not responsible for these websites, their content or availability. Your Postcode does not make any representations about such Third Party websites, or any material found on such Third Party websites, or any results that may be obtained from using them. If the Customer decides to access any of the Third Party websites linked to the Website, the Customer does so entirely at its own risk.
3 Supply of Services

This Agreement is concluded when the Customer places an Order for Services with Your Postcode and makes payment for such Services on the Website.

The Customer's Services shall be activated upon the date when the Service Confirmation is sent by Your Postcode to the Customer.

Your Postcode shall supply the Services to the Customer in accordance with this Agreement, as soon as it is reasonably practicable and with all reasonable endeavours to do so in a timely manner. Your Postcode shall not be liable to the Customer should it fail to meet any timescale expectation of the Customer.

Your Postcode shall inform the Customer of any delays to the Services as soon as it is reasonably practicable and shall provide the Customer with the possibility of a full refund of any Charges already paid by the Customer for Services rendered where it is unable to deliver the Services within thirty (30) days from the Commencement Date.

Your Postcode shall not supply any Services which are not published on the Website or without prior written confirmation from Your Postcode to the Customer, and shall not be liable for any losses the Customer may suffer as a result.

Your Postcode may, at the time of the Customer's Order, or from time to time and at short notice, modify, substitute, update, or change any part of its Services, including software and equipment, to the Customer as long as this does not materially affect the performance of such Services and shall use reasonable endeavours to give the Customer advance notice when reasonably practicable to do so.

Services from Your Postcode are supplied for the initial Hosting Period requested in the Order, whereafter this Agreement may be renewed for further Hosting Periods, as explained in Clause 4.3 below.

This Agreement terminates when the Customer ceases payment for Services for any Hosting Period from Your Postcode, or otherwise in accordance with the Termination provisions at Clause 17 of this Agreement.
4 Charges and Payment Terms

All Charges quoted are exclusive of VAT unless otherwise stated.

Charges and Additional Charges for all Services are payable in full and in advance.

Prior to the end of any Hosting Period, Your Postcode shall send a payment request to the Customer for the next Hosting Period. The Customer is responsible for ensuring that Your Postcode has received cleared funds for the full amount one (1) day prior to the expiry of any Hosting Period in order to ensure continuity of Services supplied.

If, upon receipt of a payment request in accordance with Clause 4.3 above, the Customer pays Charges due for the next Hosting Period in order to ensure continuity of Services, the Customer shall then be sent a VAT receipt from Your Postcode summarising Charges paid and Services due under this Agreement for the next Hosting Period.

Your Postcode shall not offer credit facilities to Customers for any Services supplied.

The Customer shall be responsible for any and all expenses incurred by Your Postcode in addition to any Outstanding Charges and shall pay interest on them (before and after judgement) at an annual rate of 8% above the base lending rate of Barclays Bank plc calculated Your Postcode until payment is made in full.

Your Postcode shall only accept payment of any Charges or Additional Charges by the Customer by a valid Credit or Debit card or any other payment method as specified on the Website from time to time.

The Customer acknowledges that the Charges or Additional Charges are exclusive of any telecommunication charges, including connectivity to the Internet. All telecommunication charges incurred by the Customer in connection with the use of the Services remain solely at all times the responsibility of the Customer. Your Postcode does not accept liability or responsibility for any such charges.
5 Customer's Obligations

The Customer warrants that it shall:

be responsible for keeping a frequent and secure offsite back-up copy of all their Data Material used with Your Postcode, in addition to any back-up services provided by Your Postcode;

ensure that all passwords and login details for any Services received from Your Postcode are kept securely and confidential, and if the Customer becomes aware of any unauthorised use or access of any Services, to promptly notify Your Postcode in addition to changing any passwords to the relevant Services, if possible, and as soon as is practicable;

ensure that any Data Material used in conjunction with any Services are regularly: (i) tested for Computer Viruses; or (ii) updated with any security patches or any other patches to its Data Materials when necessary.

be liable for any damages or costs that may arise as a result of the Customer's breach of this Agreement;

diligently and regularly monitor its bandwidth usage to ensure that it is not breaching the bandwidth restrictions on certain Services that Your Postcode supplies, and shall be responsible for paying for any Bandwidth Surcharge Costs that may be levied in the event of breaching any such restrictions;

ensure that the Customer's information provided to Your Postcode and that Your Postcode holds securely on its records are always up-to-date and shall promptly notify Your Postcode in the event of any changes, in particular, as regards any changes to the Customer's full contact address, contact telephone numbers, contact email addresses, billing details such as credit cards or banking details for account maintenance purposes;

obtain any insurance that may be required for the provision of Services and supply a copy of the relevant insurance confirmation certificate, as requested by Your Postcode;

use Your Postcode's Services for legitimate and lawful purposes only;

allow Your Postcode access to the Customer's Data Material to check for any infringements of the Customer's obligations under this Agreement, and, when the situation necessitates, to remove or disable any such infringements from time to time;

1.10

allow Your Postcode access to the Customer's Data Material where such Data Material is disrupting the Network Infrastructure or the Services provided to the Customer and/or other customers of Your Postcode, in order to remedy the situation, for example, by removing or disabling such Data Material;

1.11

act responsibly and not bring Your Postcode into disrepute;

1.12

ensure that it complies at all times with all relevant laws and obligations, including but not limited to the Data Protection Act 1998 and any applicable licence requirements under the Communications Act 2003, and all related laws in any territory in which the Customer is situated or in which the Customer's website may be accessed or made available. Your Postcode shall have no liability under this Agreement for failure to comply with its obligations in any case where the Customer does not comply with any such relevant laws or obligations;

1.13

indemnify Your Postcode, its officers, partners, employees and agents, without prejudice to any other rights Your Postcode enjoys, against all claims, losses, liabilities, expenses, fines and penalties of whatsoever the nature may be, that are incurred, levied, presented or imposed by any relevant authority, regulatory body, individual, court of law or party as a result of a breach by the Customer of this Agreement;

1.14

indemnify Your Postcode, its officers, partners, employees and agents, without prejudice to any other rights Your Postcode enjoys, against all loss of revenue or value, business profits, indirect or consequential loss, costs and expenses arising from any failure by the Customer in using the Services, howsoever arising and in accordance with this Agreement.

1.15

actively and regularly manage their SPAM mail folder, the mail folder where Your Postcode's anti-spam software filters off any unsolicited commercial email and to ensure that the customer deletes frequently any emails that resides in this folder or move wanted mail to their inbox for back up. Your Postcode reserves the right to delete automatically, and without notice, any emails inside a Customer's SPAM mailbox that is older than a month or if large volumes of SPAM mail received by the Customer is causing disruption to Your Postcode Network Infrastructure.
6 Acceptable Use Policy
The Customer further warrants that it shall not:

send, receive, download, post or otherwise use excessively large volumes of Data Material, which may disrupt the Network Infrastructure and Services provided to the Customer and to other Customers to which Your Postcode may supply Services, including, without limitation, common gateway interface ("cgi") scripts utilising excessive amounts of the computer central processing unit ("cpu") and hard-disk read/write functions;

send unsolicited (spam), offensive, indecent or abusive e-mails;

send e-mails for the purpose of committing fraud, phishing, or with the intention of committing a criminal offence;

use the Services in any manner to publish, link, or display unlawful material (as defined by English law and publication regulations or as defined by the laws and regulations of the Customer's location, situated or resident) and any other material that are pornographic, malicious, abusive, or which encourage acts of violence or terrorism, slander, defamation, or which are in breach of Your Postcode or any Third Party's Intellectual Property Rights, or which aid the distribution of Computer Viruses or warez;

send, transmit, make available, copy, retransmit, broadcast or publish (whether directly or indirectly) in whatever form any Data Material or other data, information or contractual rights, material or statement which infringes the Intellectual Property Rights or contractual or statutory rights of any Person or legal entity or the laws or statutory regulations relating to defamation, contempt, blasphemy, infringement of privacy or personal data rights and any equivalent or related laws in any territory in which they are or may be accessed or made available;
7 Domain Name Registration and Domain Name Disputes

The Customer acknowledges that, whilst Your Postcode shall use its reasonable endeavours to successfully register the requested domain name(s) on behalf of the Customer, Your Postcode shall not be obliged to accept any request to register or continue to process any registration of a domain name.

The Customer agrees that the domain name(s) requested for registration by Your Postcode or any other domain name which the Customer uses in association with any Services provided by Your Postcode shall not infringe any Third party rights or Intellectual Property Rights.

The Customer shall, at all times when using Services provided by Your Postcode, abide by all the terms and conditions of the respective Naming Authority. Listed below.

Your Postcode does not accept any responsibility nor does it make any warranty that the domain name(s) requested for registration by the Customer through Your Postcode shall be accepted by the respective Naming Authority nor available for registration by the Customer or any other Persons for whatever reason and Your Postcode shall not be liable whatsoever for any costs that the Customer may incur if the request for the registration of such domain name(s) is unsuccessful.

Your Postcode's obligations in relation to domain name registration shall be limited to forwarding the application to the relevant Naming Authority, providing reasonable administration services in relation to the application and notifying the Customer of the result of the application within a reasonable period after receipt by Your Postcode of the result of the application from the relevant Naming Authority.

Your Postcode shall not accept responsibility for any liability to any Third Party as a result of the requested registration of a domain name(s) by the Customer, or any other domain name(s) used in conjunction with any Services by the Customer, where such use or registration is in breach of any Third Party's Intellectual Property Rights.

Your Postcode reserves the right, at its sole discretion, to suspend, postpone or cancel any request to register a domain name(s) in the event that:

the Customer has materially breached this Agreement or where Your Postcode believes that it is the Customers intention to breach this Agreement; or

there are Outstanding Charges.

The Customer acknowledges that, should any disputes arise out of the registration of any domain name(s), Your Postcode is acting under instruction by the Customer and therefore the Customer shall resolve any disputes in accordance with the respective Naming Authority's dispute resolution policies:

Nominet - http://www.nominet.org.uk/disputes/ - for all .uk domains;

ICANN - http://www.icann.org/udrp/ - for .com, .net .org, .info, .biz, .name, .tv, and .cc; and

Central NIC - http://www.centralnic.com/support/dispute - .uk.com, .uk.net, .gb.com, .gb.net, .de.com, .us.com, .eu.com.

MOBI domains - http://www.icann.org/udrp/udrp.htm
8 Money Back Guarantee

Your Postcode shall provide the Customer with a Money Back Guarantee on its Services in order to ensure Customer satisfaction. Your Postcode shall not accept claims that fall outside the Money Back Guarantee Period.

The Money Back Guarantee is limited to the cost of hosting and does not include costs incurred for any domain name(s) registered for the Customer nor any excess Bandwidth Surcharge Costs that may have been incurred during the Money Back Guarantee Period.

Save in respect of the Money Back Guarantee and the cancellation rights set out in Clause 13, Customers are not entitled to a refund, whether pro rata or otherwise, if they cancel this Agreement prior to the end of any Hosting Period.
9 Confidential Information
All Confidential Information of either Party disclosed to or discovered by the other Party as a result of the provision of the Services shall be regarded as disclosed in confidence and shall only be used in connection with the performance of the Parties' obligations under the Agreement. The Confidential Information shall not be passed on to Third Party and/or in any way be made use of at any time either during or after the termination of this Agreement, save with the prior written consent of the Party concerned or where the Confidential Information has already entered the public domain (otherwise than through the unauthorised disclosure by the other Party).
10 IP Address

The Customer has no right, title or interest in the IP address allocated to the Customer by Your Postcode, and any IP address so allocated is allocated as part of the Services and is not portable or otherwise transferable by the Customer in any manner whatsoever.

If an IP address is renumbered or reallocated by Your Postcode, Your Postcode shall use reasonable endeavours to avoid any disruption to the Customer.

The Customer shall have no right, title or interest to the IP address upon termination of this Agreement, and the acquisition by the Customer of a new IP address for the website following termination of this Agreement shall be the exclusive responsibility of the Customer.
11 Intellectual Property Rights

All Intellectual Property Rights relating to the Services provided by Your Postcode are and shall remain vested in Your Postcode at all times for the Service Period and shall continue after the termination of this Agreement.

Nothing contained in this Agreement shall be construed as conferring upon the Customer any license or right, by implication, estoppel or otherwise, under copyright or any other Intellectual Property Rights.
12 Liability

Nothing in this Agreement shall exclude or restrict Your Postcode for liability in respect of the death or personal injury or fraud resulting from the negligence of Your Postcode, its employees or agents.

The Customer agrees and acknowledges that it is fully responsible for complying with any applicable local laws when accessing the Services supplied by Your Postcode, irrespective of the location or country from which the connection to the Services originates.

Your Postcode has the right to pursue its Customer for any Outstanding Charges or in the event of insolvency, or the passing of a resolution for the winding up of the Customer. Your Postcode reserves the right to pursue the receiver, liquidator, manager, administrator or administrative receiver appointed to handle all or parts of the assets of the Customer.

Your Postcode's maximum liability for any claim against Your Postcode by the Customer under this Agreement, is limited to the total Charges and Additional Charges paid by the Customer for the specific Services related to the claim in the preceding twelve (12) months commencing from the date of the claim (excluding VAT and out of pocket expenses).
13 Cancellation Rights

Any Customer buying as a consumer has the unreserved right to cancel this Agreement at no cost and without any reason within seven (7) days from the date of receipt of the Service Confirmation.

The Customer may exercise the right of cancellation by notifying Your Postcode in writing by post, by fax or by telephone, in accordance with Clause 19.

The Customer agrees that the Customer shall no longer have this cancellation right once Your Postcode has commenced provision of the Services.
14 Data Protection

All information, mail messages and other data stored on Your Postcode's computer system shall be treated as private and solely the property of the Customer at all times and shall not be duplicated, copied, reproduced or viewed publicly in any way except with express or implied permission of the Customer and/or for the purpose of the Customer's back-up services and/or providing the Customer with the Services and/or for Your Postcode's own internal purposes such as market research.

Your Postcode expressly points out to the Customer that by entering into this Agreement the Customer acknowledges that once the Customer's unencrypted Data Material passes on to the internet, it is not secure and is open to unscrupulous use. Your Postcode cannot accept responsibility or liability for any data or information that becomes available by such means against the wishes of the Customer and Your Postcode recommends the use of encryption for the transfer of sensitive data or information.

The Customer accepts that Your Postcode shall put its name on its mailing list for the receipt of product information and other advertising material concerning similar products and services from Your Postcode. Where the Customer is a consumer, the Customer may inform Your Postcode in writing at its Correspondence Address that it does not wish to receive such material, whereupon Your Postcode will remove the Customer from any mailing lists.
15 Complaints
The Customer shall address any complaints concerning the provision of the Services to Your Postcode in writing, by post, fax or email, in accordance with Clause 19. In addition, the Customer may email a complaint to Your Postcode at admin@Your Postcode.co.uk.
16 Force Majeure
If Your Postcode suffers from a Force Majeure Event it shall not be deemed to be in breach of this Agreement or otherwise liable to the Customer for any failure or delay in performance or any non-performance of any obligations under this Agreement (and the time for performance shall be extended accordingly).
17 Termination

Your Postcode reserves the right, without any prejudice to any Clauses within this Agreement and any other rights it is entitled to, to terminate this Agreement without any notice upon any of the following events:

any Charges or Additional Charges for Services supplied or any Outstanding Charges remain unpaid for more than ten (10) calendar days;

the Customer is in breach of any of its obligations under Clause 4 and Clause 5 of this Agreement;

the Customer materially breaches this Agreement and fails to remedy the breach within twenty (20) calendar days of receipt by the Customer of written notice from Your Postcode requesting that the breach be remedied, stating the nature of the breach and indicating that failure to remedy the breach may result in the termination of this Agreement

Either Party may at any time terminate any Service by serving the other Party with a written notice signed by a duly authorised representative if:

the other Party shall become bankrupt and subject to a voluntary arrangement under Section 1 of the Insolvency Act 1986 or is unable to pay its debt under Section 123 of the Insolvency Act 1986; or

the other Party has ceased trading or threatens to cease trading.
18 Effects of Termination

All Clauses within this Agreement which continue to have effect after the termination of this Agreement shall continue to be enforceable notwithstanding termination.

Without any prejudice to any Clauses within this Agreement and any other rights to which Your Postcode is entitled, the Customer shall pay all Outstanding Charges, if any, that fall due at the time of the termination of this Agreement.

The Customer shall cease using all Services at termination and Your Postcode reserves the write to prevent access by changing login details to the Services without notice following termination.

Your Postcode reserves the right to erase, remove or delete any Data Material from its Network Infrastructure without notice and without any liability to the Customer following the termination of this Agreement and the Customer shall ensure that it has taken a full back-up copy of its Data Material prior to termination.

Following the termination of this Agreement, Your Postcode reserves the right to cease hosting the Customer's domain names without notice, whereupon the Customer shall become solely responsible for renewing its domain names with the relevant Naming Authority or through another host provider.
19 Notices
Any notice to be given or made by either Party under or in connection with this Agreement must be in writing and given or made to the Customer at its address stated on the Order, and to Your Postcode at its Correspondence Address or to such other address as either Party may from time to time notify to each other. Every notice, if so addressed, is deemed to have been duly given or made, if delivered by hand, upon delivery at the address of the relevant Party, if sent by pre-paid first-class post, two (2) calendar days after the date of posting and if transmitted by facsimile, at the time of transmission (provided a confirmatory letter is sent by pre-paid first-class post) provided that, where, in accordance with the above provisions, any notice would otherwise be deemed to be given or made on a day which is not a Business Day or after 4.00 p.m. on a Business Day, such notice shall be deemed to be given or made at 9.00 a.m. on the next Business Day. The Parties may additionally serve notice on each other by email to (i) the Customer's contact email address as stated on the Order, or (ii) in the case of Your Postcode, to the Correspondence Address . In the event of notice by email transmission, emails shall be deemed sent once transmitted from the relevant email server.

Notice period: the notice period is 12 calendar months, the notice period commences once the notice has been delivered as per 19 Notices in this document. 20 The E-Commerce Regulations 2002
The following information is provided to Customers in compliance with the provisions of The Electronic Commerce (EC Directive) Regulations 2002, as amended from time to time:

The following are steps to be taken by the Customer to place an Order using the Website. Orders may only be placed in the English language. Orders will be acknowledged by a Service Confirmation within twenty-four (24) hours from placing the Order. In order to place an Order the Customer needs to follow the steps shown on the Website.

The Customer may check to see whether an Order has been placed correctly and, if necessary, correct any errors by logging into Your Postcode's control panel on the Website and following the instructions.

Once an Order has been placed it shall be filled by Your Postcode and shall be accessible to the Customer as soon as is reasonably practicable.

The Website is owned and operated by Your Postcode Internet Services Limited registered in England and Wales under Company number 6116654 whose registered office is at 108 Pall Mall, Chorley, Lancashire, PR7 2LB.

The Customer may contact Your Postcode by calling 01772 313673 during the Support Operational Hours, by writing to Your Postcode at its Correspondence Address or by sending an email to Your Postcode at admin@Your Postcode.

Your Postcode is not registered for VAT purposes.
21 Assignment
The Customer shall not assign, transfer, sub-license or sub-contract any obligations, in part or in whole, under this Agreement to any Third Party without obtaining the prior written consent of Your Postcode, such consent not to be unreasonably withheld.
22 Third Party Rights
Nothing in this Agreement shall be taken as granting any rights expressly or impliedly whether contractual or statutory to persons other than Your Postcode and the Customer, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
23 Severability
In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been set forth herein, and the provisions of this Agreement shall be observed and the obligations herein carried out according to this Agreement's original terms.
24 Jurisdiction
This Agreement, and all disputes and claims arising out of or in connection with it, shall be governed by the laws of England & Wales. The Customer irrevocably and unconditionally agrees with Your Postcode that the English courts shall have exclusive jurisdiction over all such disputes or claims arising hereunder.
Naming Authorities
Nominet
Nominet is the registrar for all .uk domains.
CentralNIC
CentralNIC is the registrar for .uk.com, .uk.net, .gb.com, .gb.net, .de.com, .web.com and .us.com domains.
Internet Corporation for Assigned Names and Numbers (ICANN)
The Internet Corporation for Assigned Names and Numbers (ICANN) is the official body governing .com, .net, .org, .biz, .info, .name, .mobi, .cc and .tv domains.
EURID
EURID is the governing body for .eu domains.
Tucows
Tucows is the registrar for .com, .net, .org, .tv, .biz and .name domains.