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| Brigg.com is committed to providing clients with total satisfaction. Each client is assured of personal attention
in the execution of their requirements, subject to the technical limitations and legislative requirements of the
medium. The following Terms and Conditions details the relationship between Brigg.com and the client regarding the services provided by Brigg.com. 1. Placement of web pages 1.1. The term 'pages' refers to 'WWW', 'Web' or 'home' pages specifically authored for the World Wide Web as accessed through the Internet or other computer networks capable of providing access to the World Wide Web. 1.2. The term 'placement' refers to the placing of pages in a 'Web server' directory such that the pages are publicly accessible and possess a unique Uniform Resource Locater (URL) address. 1.3. Each electronic page is equivalent or less than two A4 printed pages. 1.4. Brigg.com reserves the right not to place or to suspend current placements if the materials fail to meet the terms and conditions detailed here, even if ordered and paid for 2. Errors and liabilities 2.1. Brigg.com will use their best endeavours to ensure pages authored by Brigg.com are free of errors. 2.2. Brigg.com does not accept any liability for losses or damages arising from errors within any page or if pages are not placed. 3. Permissions and copyright 3.1. The client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other supplied material. 3.2. Every order for page placement shall be regarded as a guarantee by the client to Brigg.com that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. 3.3. No responsibility will be accepted by Brigg.com for damages to or losses incurred by the client from the use of material for which the required permission or authority has not been obtained. 4. Web page content 4.1. All page sets will include, at least, the name and telephone number and e-mail address (if applicable) of the client. Brigg.com may request evidence of authenticity of this information prior to placement. 4.2. All pages will include the version number and placement date in hidden text, or in visible text at the end of each page at the client's request. 4.3. Brigg.com reserve the right to append a hyperlink to Brigg.com's own pages from any position within the page set. 4.4. Clients are required to ensure that the content of their pages meets all the current UK legislation regarding publications. The client shall further indemnify Brigg.com in respect of any claims, costs or expenses that may arise from any material included in their pages authored or placed on their behalf by Brigg.com. 4.5 Brigg.com will provide web pages "behind"/linked to text details in the directory and will add short price lists, text supplied or photos as requested by the advertiser, however we reserve the right to add our own contexxtual adverts/links and contextual photos, at our discretion using our own design skills. Whilst we will remove any photos or links upon complaint, we will not reimburse any sums/penalties if said photos or links are not desired by the "advertiser" 5. Post-placement alterations 5.1. Brigg.com cannot accept responsibility for any alterations caused by third party action occurring to the clients' web pages once placed. 5.2. Such alterations include, but are not limited to, additions, modifications or deletions. 7. Software and database design 7.1. All programs and databases and other intellectual property produced by Brigg.com remain the copyright of Brigg.com unless or until agreed otherwise in writing. 7.2. In all cases title remains with Brigg.com until the work has been paid for in full. 7.3. The client is explicitly not entitled to sell the program, database or other intellectual property to a third party unless this has been agreed beforehand in writing. In most cases Brigg.com will retain an interest in the said database, program or intellectual property. 9. Payment terms 9.1. Invoices can be paid by cheque or cash. 9.2. Cheques should be made payable to Bramble Computers. 9.3. Brigg.com require signed written confirmation of the order by fax or letter detailing the agreed work and amount before work will commence. 9.4. Services and materials supplied by Brigg.com including (but not limited to) domain names, hardware, software and services remain the property of Brigg.com until paid for in full. 9.5. Failure to pay any service and maintenance charges for domain names and/or other services and materials maintained by Brigg.com means that the title of any of the domain names and other services and materials supplied by Brigg.com revert to Brigg.com even if the domain name, service or material had previously been paid for in full. 9.6. Brigg.com reserves the right to enter a customers premises to retrieve it's property. 9.7. The customer will be invoiced for services undertaken upon placement of the order in writing, if applicable. 9.8. Accounts may be rendered on completion of the work or at intermediate stages and payment of each invoice rendered is due within 30 days. Any expense incurred in collecting outstanding accounts after the 30 days may be charged to the client. 9.9. Payment for the authoring must be received in full before the pages are placed on the server, if applicable. 9.10. Brigg.com reserves the right not to provide services or hardware until full and final payment is received. 9.11. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance. If you default, you agree to pay Brigg.com its reasonable expenses, including (but not limited to) solicitor and collection agency fees incurred in enforcing its rights under these terms and conditions. 9.12. If your payment is returned to us unpaid you are immediately in default and are subject to a return cheque charge of £25. 10. Alterations to terms and conditions Brigg.com reserves the right to change, at any time, the terms and conditions of the acceptance of orders for authoring and placement of client's pages, and other services. 11. Acceptance of terms and conditions 11.1. The placement of an order or contract for services provided by Brigg.com will be regarded as an acceptance of all of the above terms and conditions. 11.2. Orders may be placed, in the first instance, by telephone or e-mail and must be confirmed in writing or by fax, including a signed copy of these terms and conditions 12. Jurisdiction These terms and conditions shall supersede all previous representations, understandings or agreements and shall prevail notwithstanding of any variance with terms and conditions of any order submitted. These terms and conditions and any contracts arising thereof are governed by the laws of England and Wales. 13. Design Credits Brigg.com (hereinafter called 'the company') shall be entitled to claim authorship of a design for which they have been responsible, and by mutual consent their name is reproduced on any finished product or otherwise published by the client. 14. Information To help ensure that design, production and media are correctly targeted the client will give us a clear and precise brief (in writing if so requested by us). Clients will make available to us all information relevant to our brief and give us such co-operation as we shall reasonably request. Clients will ensure that at all times all the facts given to us about their products or services are accurate and in no way misleading. Clients will inform us without delay if they consider that any claim or trade description in any advertisement submitted to them by us for approval is false or misleading in relation to their products or to their services. 15. Additional instructions or change in brief If client's original instructions are varied in any way during the course of a commission, a fee on a time cost basis for the additional work will be chargeable. 16. Miscellaneous expenses These include travel, hotel, out of pocket expenses and long distance telephone calls, which will be charged to the client. 17. Termination of contract or appointment Upon the premature cancellation of any agreement by the client, the company is entitled to payment for services in relation to the time and expenses involved. The fundamental principles on which the client-agency media financial arrangements are based are: 17.1 that the agency shall finance its own service but not the advertising of its client. 17.2 that, as a principal at law, the agency is held by media as solely liable for payment. It is therefore essential that the Agency is paid by the client in time to pay the media. We reserve the right at any time to require before placement, payment of the cost of any advertisement to be placed by us. Queries resulting in agreed adjustment to the invoice will be made on the following month's invoice. If the client fails to adhere to these terms of business and because of this failure we pay any surcharge then the amount of the surcharge will be paid by the client. Where a third party contractor requires payment in advance or at various stages during the course of his subcontracted work, the client will pay the invoices for such payments immediately upon presentation. Our rights, duties and responsibilities shall continue in full force during the agreed period of service - including the ordering and invoicing of advertising in media which will be published during such period. We shall be entitled to receive our regular fees during the agreed period of notice, even though material other than that prepared by us may be used. We will continue to invoice the client for all other advertising materials and services authorised by the client which we provide and perform and all service fees agreed. If however, the client wishes to place advertising direct or through another advertising agency during the agreed period of notice the client may do so provided that the client pays us a sum equivalent to the remuneration which we would have been entitled to receive had we placed the advertising under this agreement. 18. Cancellations Cancellation of training courses, installations, consultancy or similar services by the client less than 5 working days before the service date shall incur a charge of 100% of the total invoice cost. 19. Media The schedule of payment or pre-payment for advertising space is completely at the discretion of the company. A charge will be made if, after booking, any of the advertisements in a schedule are cancelled. Voucher copies or certificates of advertisement will not be supplied unless specifically requested by the client in writing. 20. Client's property Client's property and all property supplied to the company by or on behalf of the client will be held, worked on and carried at the client's risk. 21. General lien Without prejudice the company shall in respect of all unpaid debts due from the client have a general lien on all goods and property in their possession and shall be entitled after the expiration of 14 days notice to dispose of such goods and/or property as they think fit and apply the proceeds towards such debts. 22. Legal liability The company shall be indemnified by the client in respect of any claims, cost and expenses arising out of any libellous matter designed on the client's instructions or any infringement of copyright patent or design thereof. We act in all our dealings with third parties as a principal at law. The rights and liabilities between the client and ourselves will correspond to those between us and the third parties with whom we deal on the client's behalf. The client will indemnify the company against all claim costs liabilities and damages arising in connection with any material prepared by us and approved by the client (including without limitation any claims, costs, liabilities and damages for the omission or mis-statement therein of any statement or particulars required pursuant to statute). The company shall not be liable for any indirect loss or third party claim occasioned by delay in completing the work. In the event of any contract (written or oral) between the company and the client being suspended or cancelled by reason of conditions arising from act of God, strikes, war, lock-outs, national emergency, fire, flood, drought, shortage of fuel or power, or any other cause out of the control of the company, the company shall be entitled to payment for work carried out and expenses incurred up to the date of such suspension or cancellation, furthermore the company shall not be responsible for any loss or damage caused as a result of such suspension or cancellation. 23. Change of name In the case of persons named in these terms of reference being unable to carry out the said performance of work, the company shall retain the right to nominate other persons to fulfil the role carried out in this contract. 24. No formal estimate sent Where no formal estimate has been asked for, the client will be charged on a pro rata basis for services in relation to the time and expenses involved. 25. Law These Conditions and all other express terms of the contracts shall be governed and construed in accordance with the Laws of The United Kingdom. 26. Cost variation Estimates are based on the current costs of production and are subject to amendment by the company on or at any time after acceptance to meet any rise or fall in prices. 27. Value Added Tax The company shall not be entitled to charge any VAT payable whether or not shown on the estimate or invoice. 28. Preliminary work Work carried out, whether experimental or otherwise, at the client's request will be charged. 29. Print Where an estimate or invoice includes the cost of printing and delivery this price is subject to the normal conditions of sale of the printing industry. 30. Exhibitions and displays Where the estimate or invoice includes the cost of an exhibition contractor, the price and delivery is subject to his normal conditions of sale and trading terms. 31. Video copyright Unless otherwise agreed in writing all original tapes remain the property and copyright of the company until full payment of all accounts has been settled. 32. Design copyright Unless otherwise agreed in writing all original design work and artwork remain the property and copyright of the company until full payment of all accounts has been settled. 33. Patents All patentable material that may be originated by the company during the development of a project shall remain their property unless, or until, a separate agreement is entered into assigning patent rights in part or in full as desired. 34. Alteration A design cannot be altered or adapted by the client without the company's consent. Internet services 1.1 "Agreement" means any agreement made subject to these Conditions which shall incorporate these Conditions.1.2 "Company" means Brigg.com of 64 Teglan Park, Tycroes, Ammanford SA18 3RA. Wales, UK. 1.3 "Internet" means the global data network comprising interconnected networks using TCP/IP to which the company is connected and provides access to its Customers. 1.4 "Internal Address" means such sequence of alpha numeric or numeric only characters as are used from time to time by the Customer to identify himself and or his computer or computers to other users of other computers to which the Company is from time to time connecting or otherwise forwarding data to and from the Customer. 1.5 "Password" means the alpha numeric characters chosen and used exclusively by the Customer at his own risk for the purpose of securing and maintaining the exclusivity of his access to the Company's service. 1.6 "PDN" means the Public Data Network operated by a PTO as defined by the Telecommunications Act 1984. 1.7 "PSTN" means the Public Switched Telephone Network operated by a PTO as defined by the Telecommunications Act 1984. 1.8 "PTO" means a Public Telecommunications Operator as defined by the Telecommunications Act 1984. 1.9 "Customer" means any person or organisation with whom the Company enters into an Agreement subject to these conditions. 1.10 "Service" means the services described in the current Company literature together with such Value Added Services to be provided by the Company to the Customer but in any event the provision of data network services using TCP/IP. Representations made by the Company's distributor will not form part of this agreement unless confirmed in writing prior to purchase of the service. 1.11 "Service Commencement Date" means the date identified as the delivery date on the company invoice to the Customer. 1.12 "Value Added Service" means the provision of a service other than simple connectivity that may be detailed in the current Company brochure. 1.13 "A Call" is defined as the connection of one or more parties via the networks or the PSTN where the ability to transmit or receive digital data or other information is made possible. This applies to one and two way traffic and includes any recorded and or automated transmissions and or the reception of data. 1.14 "Upgrade Usage Charges" means such charge for such predetermined unit of time and or volume of data together with any charges related to Value Added Services from time to time provided by the Company in each case at the rates set out or referred to in the Company's published tariffs and or such as may be agreed in writing with between the Customer and the Company. 1.15 "User name" means such sequence of alpha numeric characters as are used from time to time by the Customer to identify himself to other users of other computers to which the Company is from time to time connecting or otherwise forwarding data to and from the Customer. 1.16 "TCP/IP" is the abbreviation for Transmission Control protocol/Internet Protocol.1.17 "Dial-Up Usage" means use of the Service over a dial-up telephone line. 1.18 "Network Operator" means the legal entity or entities responsible for operation of a communications network. 1.19 "The Company's Network" means the network owned and operated by The Company for the purpose of connecting The Customer to The Internet by means of fixed or dial-up connections. 1.20 "BT" British Telecommunications plc 1.21 "Call" A transmission path between an Network Termination Point and the Customers System (to a Number) passing through the Company's System over which two-way simultaneous communication may occur by means of the sending of messages. 1.22 "POTO" is the pence per minute "payment to OLO" rate payable by BT to the Company's Telecommunication provider (PTO) from time to time for the termination of a Call originated on the BT System to a Number as set out in BT's carrier price list from time to time. 1.23 "Business Utilisation" means bandwidth for normal business use (less than 50% of full utilisation) in any 24 hour period. 1.24 "ISP" is an Internet Service Provider. 2. Acceptance of application The Company reserves the right to refuse any application for subscription or service. 3. The service 3.1 Subject to these Conditions the Company will:3.2 Connect the Customer to the Company's network Internet points and service.3.3 Domain registrations can take 4 working days from point of payment and receipt of full details.3.4 Web Sites hosting can take 2 weeks from point of payment until they are fully operational.3.5 Provision of Connectivity to the Customer shall be made as soon as reasonably possible. Any date indicated by the Company as a date for connection is an estimate only and may be liable to change without prior notification to the Customer. Accordingly the Company will not be responsible for any delay in connection beyond such a date. 4. Right to change username, internet address and password The Company shall have the right from time to time to change the Customers User name, internal Address and or Password allocated by the company for the purpose of essential network maintenance enhancement modernisation or other work deemed necessary to the operation of the Internet. 5. Payments 5.1 Charges for the Service shall be paid by the Customer to the Company in advance annually or quarterly unless any other payment method has been agreed in writing between the Company and the Customer or as detailed on the contract order form. 5.2 The Company reserves the right to vary from time to time all charges with one months notice to the Customer except the Internet access supply rental which will only be varied at the end of the minimum period as defined on the order form. 5.3 Any upgrade Usage Charges detailed in any published tariff and that of its appointed distributor currently in operation shall be paid by the Customer to the Company in advance covering the period to the next payment date of the original data rate supply rate and thereafter simultaneously with the original data rate supply payment. 5.4 Itemised details of excess usage and any other relevant charges may be made available to the Customer if ordered in advance and the Company reserves the right to make an additional charge for this service. 5.5 All payments shall be due to the Company net on presentation of invoice unless otherwise specified on the invoice at the Company's main office or at such other address as may from time to time be specified by the Company in writing. Invoices will be presented to the Customer on their due date, (see domain registration terms for any variances). The Company may by written notice at any time require the Customer to pay all charges by Direct Debit or BACS on the 7th day after posting of the invoice. All usage charges shall be payable in full in respect of the month in which the notice to terminate the Agreement expires. 5.6 Interest payable on demand whether before or after judgement shall accrue from day to day on overdue amounts at the rate of 2% above base rate + VAT if applicable. 6. Usage The Customer hereby agrees to: 6.1 Refrain from transferring any illegal material to or from other users of the service or the PDN and the other privately owned and operated services to which the Company may from time to time provide access. 6.2 Refrain from sending menacing, offensive, abusive or annoying messages whilst using the service via the Company or any other ISP. 6.3 Not divulge their password to any third party and use all reasonable endeavours to keep the same confidential and inaccessible to third parties. 6.4 Keep the Company informed of any change to the Customer's address as set out overleaf and other such information as may effect the payment of charges due. 6.5 Immediately cease to use and return any Internet Addresses allocated by the Company to the Customer on termination of this Agreement. 6.6 Not to announce by any means any and all Internet addresses allocated to or by the Customer as part of an Autonomous System. Customers hosting with Brigg.com who submit their site to such autonomous systems (eg.webperf.net) agree to pay a fee of £295 inc. vat per month, or be responsible for any direct costs that are incurred by the Company as a result, which ever is the greater. 6.7 Not to use or permit the usage of the service in an unlawful manner or in contradiction of published legislation and regulations governing the Internet. 6.8 To include the above restrictions in all the Customer's on selling conditions using the Company's service and not to resell a bandwidth greater than that purchased and contracted from the Company unless linked to the Internet through another provider in addition the bandwidth provided by the Company (dual homed) when the restriction will apply at the aggregated data rate. 7. Equipment 7.1 Colocated Equipment shall at all times be at the Customers risk. The Customer shall be responsible for insuring the Colocated Equipment against all risks. 7.2 Leased Equipment from the Company shall at all times remain the property of the Company. 7.3 The Customer agrees to maintain, at Customer's expense, during the entire time this Agreement is in effect Comprehensive General Liability Insurance for any Leased Equipment supplied by the Company. 8. Telecommunication 8.1 The Customer warrants to the Company on the date of this Agreement, on an ongoing basis throughout this Agreement, that it has independently verified the Retail Rates, POLOs, Transit Charges and any other applicable charges by reference to BT's retail and carrier price list from time to time. 8.2 The Company shall be entitled to invoice the Customer, at such intervals as the company sees fit, for: 8.2.1 Private Wire Services provided under this Agreement. 8.2.2 All invoices shall become due on receipt by The Customer of the POLO Statement following such invoice or on termination of this Agreement. 8.3 If less than 350,000 Call minutes per month pass over any 2Mbits/s private wire and associated switch port for any two consecutive months (commencing on the fourth or any later month of provision) then the Company may cease providing such Private Wire Services to the Customer. From the date of cessation the Customer shall not incur any additional rental charges in respect of such Private Wire Services. 8.4 Additional Numbers or Private Wire Services. 8.4.1 The Company requires 21 days notice of any additional private wire services or switch ports the Customer may require. 8.4.2 The Company shall notify the Customer within a reasonable time of its prices and time-scales for providing such additional numbers, private wire services or switch ports. 9. Liability The Company shall not be liable for any loss or damage howsoever caused: 9.1 Economic loss, including loss of profits, business revenue and goodwill. 9.2 Any claim made against the Customer by another third party. 9.3 Any loss or damage to the Customer caused by or arising from any act or omission of the Customer, the Company, any PTO or Value Added Service supplier. 9.4 Any act caused as a result of force majeure or beyond the Company's control. 10. Changes to the service If any Network Operator shall discontinue the provision of telecommunications services to the Company or shall alter by modification, expansion, improvement, maintenance or repair of the telecommunications services or any part thereof provided to the Company or shall disconnect the Customer's apparatus from the PSTN, PDN or Internet the Company shall be entitled to discontinue, alter, modify, expand, improve, maintain, repair, suspend, disconnect or otherwise change the Services as necessary. 11. Suspension The Service may be suspended or suspended during peak times by the Company without notice and without prejudice to the company's Rights of Termination under Clause 11 in the event. 11.1 Failure by the Customer to make any payment to be made to the Company on its due date for payment. 11.2 If the Customer does or suffers anything to be done which jeopardises the service or any network to which it is from time to time connected. 11.3 If the Customers credit limit has been exceeded or if the Customer is otherwise in breach of these Terms and Conditions. 11.4 No such suspension shall affect the liability of the Customer to pay charges and other amounts to the Company, and without limitation, the Annual Subscription Charge will continue to accrue. During suspension the Company reserves the right to refuse to release the User's Internet Address as issued by the company. 12. Termination This Agreement shall remain in force for a minimum period of 12 months from acceptance of Customers application being the date on which the company's order form was signed by the Customer Termination can be effected as follows: 12.1 By the Customer, The Customer may terminate this Agreement by giving 2 month's written notice, which may expire at any time after 12 months from the initial date of commencement of service.Email notification will not be accepted as notice of termination of Agreement. 12.2 By the Company. The Company may terminate this Agreement at any time and without notice if(a) if the Customer commits any breach of this Agreement including but without limitation non-payment of the Subscription Payments.(b) by at least 1 months written notice to the Customer. 12.3 The Company reserves the right to invalidate any Customer's User name and Internet Address issued to the Customer following termination of this Agreement. 12.4 Domain name hosting and transfer request for DNS records must be in writing with the authorised signature of the domain owner. There is no charge for the transfer, but a small charge may be made for administration. Domain name transfers will not be made until all outstanding amounts have been paid by the customer until this time domain names remain the property of the Company. 12.5 No refund of Subscription Payments will be made to the Customer upon termination of the Agreement by either the Company or the Customer12.6 The Customer shall at his own cost return to the Company all equipment cables and literature belonging to the Company within 5 days of final completion of the agreement and ensure that it arrives in good working order. 12.7 Without prejudice to its rights of termination at any time under Clause12.2 the Company has the right to terminate this Agreement: The Company may suspend the provision of any services under this Agreement; and may suspend payment to the Customer 13. Rights on termination 13.1 Termination of the Agreement shall not affect any pre-existing liability of the Customer or affect any right of the Company to recover damages or pursue any other remedy in respect of any breach by the Customer of the Agreement. 13.2 On termination of the Agreement the right to the use of the Internet IP Address allocated by the company shall revert to the Company under RIPE terms or agreement except where specific agreement has been reached in writing between the RIPE and the Customer for the transfer of the Internet Address and the fee or other payment required by the Company in connection with such transfer has been paid for by the Customer. 13.3 In the event of termination of the Agreement by the Company on account of any breach of the terms and conditions thereof by the Customer the Company shall be entitled to the balance of all Annual Subscription Payments and Call Charges which would but for such termination have accrued due up to the earliest date on which the Agreement could have been terminated by the Customer in accordance with the terms hereof. 14. Username and internet address The Company shall not be requested or required to release the User name Domain Name or Internet Address and may refuse to do so until this Agreement has been lawfully brought to an end and all sums due hereunder have been received by the Company, and the Customer has complied with all its obligations hereunder. Domain Names remain the property on the Company until all sums due have been received. 15. Notices 15.1 Any notices under or in connection with this Agreement shall be in writing and shall be delivered by Royal mail post to the relevant address given in the Agreement or to such address as the recipient may have notified to the other party via E-mail for that purpose. 15.2 Suspension notices for non-payment of Charges will be deemed as delivered by facsimile to the relevant facsimile number given in the Application or to such facsimile number as the Customer may have notified. 15.3 Any notice shall be duly given, if given by pre-paid first class mail, at the expiration of 48 hours after the envelope containing the same shall have been posted. In proving such service it shall be sufficient to prove that delivery was made or that the envelope containing such communication was properly addressed and posted as a pre-paid first class letter. 16. Expenses of the company The Customer shall pay to the Company all costs and expenses (so that any legal fees shall be based on an indemnity basis) incurred by the Company in enforcing any of these Conditions, or exercising any of its other rights and remedies under the Agreement, including (without prejudice to the generality) all costs incurred in tracing the Customer in the event that legal processes cannot be enforced at the address last notified to the Company. 17. Non-waiver The allowance of time to pay or any other indulgence by the Company in respect of payments due to it shall in no manner affect or prejudice his right to payment together with interest provided under these Conditions. 18. Invalidity If this Agreement or any part thereof shall be adjudged for any reason to be void, unenforceable or ineffective but would be adjudged to be valid effective and enforceable if part of the wording were deleted or a provision were reduced in scope this Agreement shall continue with such modifications as may be necessary to make its provisions (or if such be the case its remaining provisions) valid effective and enforceable 19. Confidentiality Each party hereto undertakes to the other that it shall keep, and shall procure that its directors and employees shall keep secret and confidential and shall not use or disclose to any other person any information or material of a technical or business nature relating in any manner to the business, products or services of the other party which the first party may receive or obtain in connection with or incidental to performance of this Agreement, provided that: 19.1 first party shall not be prevented from using any general knowledge, experience and skills not treated by the other party as confidential or which do not properly belong to the other party and which the first party may have acquired or developed at any time during this Agreement. 19.2 The first party shall not be prevented from using the information or material referred to above to the extent such information or material comes into the public domain otherwise than through the default or negligence of the first party; 19.3 notwithstanding the above, either party shall have the right to communicate any information concerning the other party to any Government department or body or other authority established by statute or under subordinate legislation, where such information is required by law or is otherwise properly required under the PTO Licence, OFTEL regulation, or a Code of Practice or otherwise 20. Assignment Neither party shall assign or transfer any of its rights or obligations under this Agreement save that the Company may assign to an Associated Company on notice. 21. Clause headings Clause headings are for ease of reference and are not part of this Agreement and accordingly shall not affect its Conditions. 22. Other printed or standard conditions All services are provided on the foregoing conditions which constitute the entirety of the Agreement to the exclusion of any other terms and conditions and no agreement terms and conditions contained in any document sent by the Customer to the Company shall be of any effect with respect to the Agreement unless expressly accepted by a duly authorised officer of the Company in writing The Customer acknowledges that the Customer has not relied on and shall not be entitled to rescind the Agreement or to claim damages or any other remedy on the basis of any representation, warranty, undertaking or statement which is not set out in these Conditions including any representation made by or on behalf of the Company in relation to the Service which has induced the Customer to enter into this Agreement with the Company. 23. Variation The Company reserves the right to vary these terms and conditions as a result of changes required by its insurers, operation or administration problems, new legislation, statutory instruments, Government regulations or licences. These Conditions may not otherwise be varied or waived except by express written agreement between both parties. 24. Service level guarantee The Company warrants that its supply of access to the Internet shall be available at a level 99.7% per year. This warranty excludes: a) Failures of local circuits between The Company's network and the Customers network. b) Failures of network / equipment not operated the Company. c) Failures of network / equipment operated by the customer. In the event of suspension of service due to a technical fault in the network or act of God, the Company will use all possible endeavour to resume service with minimum delay but will not be responsible for loss suffered by the Customer. The Company may suspend the service from time to time for necessary technical reasons and network upgrades outside the 99.7% warranty as above provided that 12 hours notice via our network status page or email has been given to the Subscriber, that the period of suspension is not more than one hour. The time a suspension may occur is usually chosen to be between 0000 hours and 0600 hours local time. 25. Law and Arbitration This agreement is subject to the laws of England under the jurisdiction of the Courts of England and any alteration to part of the agreement shall not invalidate the remainder. This agreement incorporates the provisions for arbitration if any are available under any Code of Practice issued by the Network operator under the provision of its licence.
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