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TERMS & CONDITIONS     (page 2 of 3)

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17. CWD accepts no liability for any interruption to the Server or down-time of the Web Site, however if any problems of this nature are brought to our attention by the Client we will use our best endeavours to resolve the problem as quickly as possible.

18. CWD accepts no liability for any problems incurred with accessing any part of the Client’s Web Site caused by the operation of different browsers and can offer no guarantees of correct function with browser software.

19. In the event of the host company ceasing trading, CWD will secure the services of an alternate host provider as quickly as possible but accept no liability for any loss of business or other financial losses that may occur whilst the Client’s Web Site is down.

20. Any corruption of the Client’s Web Site that may occur for whatever reason will be rectified where possible as quickly as possible by CWD once notified of the same or if detected but CWD accepts no liability for any loss of business or other financial losses that may occur as a result of such corruption.

Termination of the Agreement

21. Either the Client or CWD may terminate this agreement on one calendar month’s written notice to the other.

Breaches of this agreement

22. Either the Client or CWD may terminate this agreement if the other:

• (a) commits a material breach of this agreement, which is capable of remedy, and fails to remedy the breach within a reasonable time of a written notice to do so;
• (b) commits a material breach of this agreement which cannot be remedied; or
• (c) is repeatedly in breach of this agreement.

23. If any of the events detailed in clause 21 above occur because of the Client or any of its authorised users, CWD may suspend the Service without prejudice to its right to terminate this agreement. CWD reserves the right to suspend or terminate any authorised users use of the Service as an alternate remedy to immediate termination of the agreement. This remedy is without prejudice to CWD’s right subsequently to suspend or terminate the agreement. CWD may refuse to restore Service which has been suspended under this term until it has received assurances satisfactory to CWD from the Client that the breach has been remedied and will not be repeated.

24. CWD also has the right to terminate this agreement in the event that the Client fails to pay, or is late by 28 days or more making any payment, that is due in respect of the Services in accordance with this agreement

Waiver

25. If either the Client or CWD delays in acting upon a breach of this agreement that delay will not be regarded as a waiver of that breach and if either the Client or CWD does waive any breach, that waiver is limited to that particular breach only.

Payment of Fees

26. The Fees due under this agreement are payable every month.

27. The first payment shall become due and shall be made to CWD by the Client within 7 days of the Client being notified by CWD that the web site is on-line.

28. Subsequent payments will then become due every month following the first payment.

Limitation of Liability

29. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence

30. CWD’s total aggregate liability to you for any claim in contract tort negligence or otherwise arising out of or in connection with the Service shall be limited to the charges paid by you in respect of the Service which are the subject of any such claim.

31. Under no circumstances will CWD be liable to you for any loss of business contracts profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

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