Web247.net Service Terms and Conditions

Effective From: 1 June 2008

1. Introduction

1.1 The Web247.net web site is operated by Web247.net. Web247.net is a trading name of Blue Fish Innovations Ltd, ("we" or "us"). The Web247.net website and service is run and hosted from servers based in the United Kingdom.

1.2 The Web247.net web site provides access to a range of services some of which are paid services only available to Web247.net members. These paid services may only be used in accordance with these terms. They include:

a access to tools and know-how enabling you to create your own web site;
b the ability to upload your own documents, files and images onto your website;
c any other services only available to members

1.3 These Terms and Conditions ("terms" hereafter) govern the relationship between any person visiting the Web247.net web site and using its paid services ("you") and us. The Web247.net web site and the paid services it provides can only be used if you agree to these terms and may only be used in accordance with these terms.

1.4 Only persons aged eighteen years or over may agree to these terms and use the web site and the paid services it offers.

1.5 We may modify these terms at any time. We will post the modified terms on the web site. We will notify you by email if we do so. The modified terms will come into effect as soon as they are posted on the web site and use of the web site, and any paid services provided through the web site, after that point will be subject to the modified terms.

2. Membership of Web247.net and your Account.

2.1 You can open an account to become a member of the Web247.net network by creating a website with the three step process that starts on the Select Your Template page.

2.2 Once you have an account and are a member of Web247.net, you may create and pay for more websites using the same membership.

2.3 Once you have created an account with Web247.net, you may use and enjoy member benefits as long as you have a website with Web247.net.

2.4 You can create a Website on an Annual basis (12 month contract), or on a Pay As You Go basis (monthly pay-as-you-go usage).

2.5 If you create a Pay As You Go website (1 month contract), you are not committed to keep your website for longer than the current month, but you will not be eligible for the additional benefits to which customers who have created a website on an Annual basis are entitled.

2.6 If you create an Annual website, you agree to pay us the full year's subscription costs and you will benefit from membership of Web247.net for a full year. Your monthly subscription fees are reduced compared with Pay As You Go fees and you will be eligible for additional benefits.

2.7 As indicated in clause 2.6, if you have created an Annual website, you are eligible to benefit from a reduction in the standard monthly subscription payments and you gain additional benefits that are not available to customers who have Pay As You Go websites. Therefore, subject to the provisions contained in clause 3.3, you are liable for the full 12 months' subscription payments from the first day that your website is created. You can remove your website at any time by logging into your Web247.net account and selecting the Cancel Your Website option, after which you will then receive an email asking you to confirm that you no longer wish to keep your website for the following year. Once you have replied to this email to confirm that you wish to cancel, we will remove your Web247.net website. If you have no other Web247.net websites, you will no longer have access to Web247.net member benefits after your website has been removed. Please ensure that you reply to this email 5 working days before your Web247.net website is due to be renewed, otherwise you may be charged for another year.

2.8 If you have a Pay As You Go website, then you can remove your website for the following month by logging into your account on the Web247.net website and selecting the Cancel Your Website option. You will then receive an email asking you to confirm that you wish to cancel your website. Once you have replied to this email that confirms that you wish to cancel, we will cancel your Web247.net website. If you have no other Web247.net websites, you will no longer have access to Web247.net member benefits after your website has been removed. Please ensure that you reply to this email 5 working days before your renewal date, otherwise you may be charged for the following month.

2.9 Your Web247.net website will be set up when we inform you by email that your payment has been accepted. If this is your only Web247.net website, your Web247.net membership will be set up at the same time. Subscription charges will then be due from this day forward and will be paid in advance. The payment card account references that you provided when you opened your account will be billed on activation of your member account and at regular monthly intervals thereafter for the duration of your contract, whether this is an Annual 12 month contract, or a Pay As You Go 1 month contract. From the moment your account has been accepted, and until your account is terminated, you will have access, subject to the restrictions contained in these terms, to the services permitting you to use and edit your own website, to upload files, documents and images to the web site and the possibility to request other services supplied by us.

2.10 You must ensure that all information given to us is truthful and accurate.

2.11 You will need to give your email address in order to open an account with Web247.net. Your email address will help us to verify your identity on future visits. In the event that you register using a false or incorrect email address or by knowingly or mistakenly impersonating any person or entity. Web247.net may terminate your account without notice. You will also need to provide a password by which you will be able to access your website and the files, documents and images that you have uploaded to the site.

3. Services and Products

3.1 Once you have placed an order for any goods or services via the Web247.net web site, the order will be considered as accepted when we send you a confirmation of your order by email. The contract between you and us becomes valid when the email confirmation is sent.

3.2 The decision as to whether to accept any order from you is at our discretion.

3.3 All customers are entitled to a seven day cooling-off period. If you are not happy with your Web247.net website, you may cancel it at any time during the first seven working days of creating it.

3.4 In the event that your website is created and then discovered to have been in contravention of these terms, we will not publish your website. We may, at our sole discretion, refund all or a proportion of the payment made in respect of the order concerned but reserve the right to charge in full as if the website had been published.

3.5 Offer codes may be published from time to time as part of a promotion. Offer codes may provide a discount on part of a service. Offer codes can only be used for online orders placed through the Web247.net web site. A maximum of one offer code can be specified per order. Further conditions may apply and if so will be published with the relevant offer code.

3.6 We will use our reasonable endeavours to reply promptly to all correspondence. Such reply will be by email.

4. Charges and Payment

4.1 All charges are inclusive of VAT.

4.2 Your first membership subscription payment will be at the rate for the payment option you have selected, as advertised on the Web247.net website. Web247.net reserve the right to change subscription fees from time to time and any such changes may affect your subscription rate. We will always give at least one month's notice of price increases and for customers who have opted for an annual subscription these increases will not take effect until the next annual renewal date.

4.3 The cost for subscribing to Web247.net services shall be the amount set out on the page showing the various Web247.net membership options and the amount will also be shown to you in Step 3 when you join Web247.net.

4.4 The total cost for subscribing to an annual membership of Web247.net services shall be paid to Web247.net (without deduction or set-off) in 12 equal, monthly installments, as shown to you in Step 3 when you join Web247.net.

4.5 There may be charges for other services supplied by us. These will be notified to you at the time you request the services. When you place an order for these additional services, you will need to provide a payment number again. Any charges for the services requested will be billed to your payment card once the order has been accepted.

4.6 If we do not receive payment from you, we will take the following action:

a. If you have created a Web247.net website for the first time, ie we have never taken payment from you before, and we do not receive your payment, you will be notified by email. We will attempt to take the payment again in 2 days' time, giving you the opportunity to correct or change your payment card details online in your Web247.net account. If we cannot take your payment on the second attempt, we will disable your website and we will send you another email. We will attempt to take the payment again in 2 days' time, again giving you the opportunity to correct or change your payment card details online in your Web247.net account. If our third attempt fails, then we will delete your website and send you an email.
b. If you are an existing Web247.net member, ie we have taken a payment from you before successfully, and we do not receive payment from you, you will be notified by email. We will attempt to take the payment again in 7 days' time, giving you the opportunity to correct or change your payment card details online in your Web247.net account. If we cannot take your payment on the second attempt, we will disable your website and we will send you another email. We will attempt to take the payment again one day before your next subscription payment date, again giving you the opportunity to correct or change your payment card details online in your Web247.net account. If our third attempt fails, and you have a Pay As You Go website, then we will delete your website and send you an email. If our third attempt fails and you have an Annual website, we will disable your website and you will be notified by email, and we will re-instate your website when you update your account with a valid payment card.

4.7 In the event that you give details of a false payment card number or the number of a payment card that belongs to someone else without their agreement, we reserve the right to terminate your account without notice.

4.8 Without prejudice to any other right or remedy that it may have, if you fail to pay Web247.net on the due date, we may;

a. charge interest on such sum from the due date for payment at the annual rate of 5% above the base lending rate of HSBC UK Ltd, accruing on a daily basis until payment is made, whether before or after any judgment. Web247.net may also claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; and
b. suspend your Web247.net account until payment has been made in full.

4.9 All sums payable to Web247.net under this agreement shall become due immediately on its termination, despite any other provision. This condition 4.9 is without prejudice to any right to claim for interest under the law, or any such right under this agreement.

4.10 Web247.net may, without prejudice to any other rights it may have, set off any liability of yours to us against any liability of Web247.net to you.

5. Using the Web247.net Service

5.1 You may give permission to other people to assist with the creation of your own website and account information.

5.2 You may upload files, documents and images to your own web site yourself or authorise someone else to help you do this.

5.3 You or someone else you have authorised may edit the content of your own website and files, documents and images that you have uploaded at anytime and at no charge.

5.4 You may use, print from and promote your own website freely.

5.5 You may access any part of the Web247.net web site that is not password protected. Access to some parts of the site is only available if you have a valid password. You may not access these areas without a valid password.

5.6 You may use the special offers, partner services and member benefits that are available exclusively to members on the site

5.7 With the exception of the images, files and documents that you upload to your own Web247.net customer website, you are not allowed to make electronic copies, alter or tamper with in any way any material contained in the Web247.net web site.

5.8 You are not allowed to remove any copyright, trade mark or any other intellectual property notices contained in the original material from any material copied or printed off from the web site.

5.9 You must keep your password secure at all times. You will be responsible for any damage caused by unauthorised access resulting from your failure to keep your password secure.

5.10 You are not allowed to create websites or to upload to us any files, images or other material that contain Inappropriate Content, including:

a. nudity, pornographic, indecent, offensive, seditious or obscene material;
b. racist material;
c. threatening or menacing material;
d. content that is likely to incite hatred against any person or group;
e. blasphemous material;
f. defamatory or otherwise actionable material;
g. images of any criminal act;
h. material the use or inclusion of which infringes any copyright, trademark or other intellectual property right of any third party;
i. material that breaches any applicable laws or legislation

5.11 You will indemnify us against all damages, losses and expenses arising as a result of any action or claim that the content constitute Inappropriate Content.

5.12 Although we prohibit the uploading of certain types of files, documents or images to your own web site, we cannot control the use of the Web247.net customer web sites. It is possible that images or other material may appear on a Web247.net customer web site which are unlawful or offensive. We are not responsible for such images or material but if you become aware of any such images or material on a Web247.net customer web site you should please contact us without delay.

5.13 You must not use the Web247.net website, your Web247.net website or your Web247.net email address for unauthorised mass communication such as spam or junk mail.

5.14 Web247.net reserves the right to monitor any and all communications that are made using the Web247.net service.

5.15 We may at our discretion contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to a Web247.net customer web site (including the uploading of any files, documents or images in breach of the above restrictions). We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.

5.16 We may without notice and at our sole discretion delete your account or remove any website that contains content or images that are in breach of these terms. You will not be entitled to a refund of your subscription fee if we cancel your account due to breach of terms.

5.17 We may refuse to provide any further services to anyone who breaches these terms.

5.18 You may not use your membership to take advantage of the special offers and partner services and member benefits that are available on the site on behalf of another person, unless that benefit specifically allows you to do so.

6. Reward Points - "Recommend a Friend" Scheme

6.1 For every customer who joins us on your recommendation, you will receive a Reward Point every month for as long as they remain a customer. Reward Points will be given to you after the monthly invoice of the friend you have introduced has been settled. You may accumulate as many Reward Points as you want. Reward Points can not be paid for customers that you introduce who have joined with a Promotional Code that entitles them to free membership.

6.2 By taking part in the Recommend a Friend, you accept and fully agree that Web247.net cannot be held liable for any referrals that you have made where you have typed your email address or your friend's details incorrectly, or where your friend does not type in your Referral code when they join Web247.net. It is not possible for your friend to enter their Referral Code after they have joined Web247.net

6.3 Your Reward Points can be used to offset the cost of your monthly subscription payments but have no monetary value in themselves. They are not transferable to another Web247.net member and you will not be able to take the points with you if you leave Web247.net

6.4 Web247.net reserves the right to refuse to accept your referral at our discretion and to remove your account through improper use of the Recommend a Friend facility. Our reputation and good will amongst customers is paramount and we will not condone spamming, for this reason we will deny any referrals that are generated using mass-marketing techniques, and we could also delete your account permanently.

6.5 We will not use any of the Referral information that you provide us for any purpose other than Web247.net membership and all information is subject to our Privacy Policy, which can be found on our Website.

7. Intellectual Property Rights

7.1 All Intellectual Property Rights in the Web247.net website, including Web247.net content and software, but excluding files, documents and images that you have uploaded to the site, are the property of Web247.net. Web247.net hereby grants you a free and non-exclusive, worldwide licence of such Intellectual Property Rights for the purpose of operating the Web247.net website and your own Web247.net website. If this agreement is terminated, this licence will automatically terminate.

7.2 The content of your own website, with the exception of any uploaded files, documents and images, remains the property of Web247.net.

7.3 You retain all intellectual property rights, including copyright, to the files, documents and images that you have uploaded to your web site.

7.4 We may delete, remove or refuse to display any material from your website at our sole discretion.

7.5 We may display, modify, print, transmit, distribute or delete any of the files, documents or images that you upload, provided that this is necessary in order to provide any of the services offered by us via the Web247.net web site or is otherwise allowed by these terms.

7.6 You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:

a. any use by you or your guests of the Web247.net web site and services available on it in breach of these terms,
b. any claim that the uploading of any files, documents or images by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights;

7.7 We will indemnify you against all damages, losses and expenses arising as a result of any action or claim that the Web247.net website infringes any Intellectual Property Rights of a third party, other than infringements referred to in clause 7.6b.

7.8 The indemnities in clause 7.6b, clause 7.7 and clause 6.11 are subject to the following conditions:

a. the indemnified party promptly notifies the indemnifier in writing of the claim;
b. the indemnified party makes no admissions or settlements without the indemnifier's prior written consent;
c. the indemnified party gives the indemnifier all information and assistance that the indemnifier may reasonably require; and
d. the indemnified party allows the indemnifier complete control over the litigation and settlement of any action or claim.

7.9 The indemnities in clause 7.6b, 7.7 and clause 6.11 may not be invoked to the extent that the action or claim arises out of the indemnifier's compliance with any designs, specifications or instructions of the indemnified party.

8. Supply and Operation of the Web247.net web site

8.1 Web247.net will provide and host a website service from the servers.

8.2 We may include the statement "Website supplied by Web247.net" on the home page of your Web247.net customer website.

8.3 We may change the format and content of the Web247.net web site (or any products or services offered by this web site) at any time.

8.4 We may terminate or suspend the operation of this web site (or terminate or suspend provision of any products or services offered via this web site) for support or maintenance work, in order to update the content or for any other reason. We may do this at any time and without notice.

8.5 Web247.net will try and ensure that the Web247.net service is available at least 98% of the time, but cannot guarantee this, as we are dependant on third parties for some of the Web247.net service functionality.

8.6 Web247.net will not provide financial compensation if the service is not available.

8.7 If Web247.net can no longer provide the service, then all contracts will be terminated and no more payments will be taken from you. We will not reimburse money already paid for the part of the month during which the service was not available.

8.8 You are advised to keep back ups of all material provided to us. In particular, it is up to you to keep backup copies of files, documents and images uploaded by you. We will not be responsible for keeping backups or for loss of, deletion or corruption of any files, documents, images or any other material.

9. Website Links

9.1 The Web247.net website contains links to other partner sites. These sites are not under our control and we cannot assume responsibility for the content of these sites and disclaim liability for any forms of loss or damage arising out of the use of them. The inclusion of a link to another site on the Web247.net website does not imply our endorsement of the site or of those who control them.

9.2 Those who wish to place a link to the Web247.net website may do so only to the home page of the site www.Web247.net Deep linking (i.e. links to specific pages within the site) requires the permission of Web247.net. Please email partners@web247.net to find out more.

10. Data protection

10.1 Web247.net warrants that, to the extent it processes any Personal Data on your behalf,

a. We shall act only on instructions from you; and
b. We have in place appropriate technical and organisational security measures against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction or, or damage to, Personal Data. Personal Data means that described in the Data Protection Act 1998;

10.2 Web247.net reserves the right, in so far as the law allows, to submit your personal data to a credit reference agency or other similar organisation in order to safeguard against fraud and check credit worthiness.

11. Termination

11.1 If you want to cancel your website within 7 working days of subscribing, you may do so logging into your Web247.net account and clicking on the cancel option. You will receive an email asking you to confirm that you wish to cancel your account, to which you must reply within 5 days otherwise the cancellation request will become invalid. After we have received your confirmation, your website will be terminated as soon as reasonably practicable.

11.2 If you have created website on a Pay As You Go basis and want to cancel your website after the 7 day cooling-off period, then you may do so in accordance with clause 2.8

11.3 If you have created a website on an Annual basis and you want to cancel your website after the 7 day cooling-off period, then you may do so in accordance with clause 2.7

11.4 If Web247.net removes your website and/or cancels your Web247.net membership and account, we will notify you by email. We reserve the right to remove your website and/or terminate your membership and account without giving reasons. We may terminate your membership and account without notice at our sole discretion

11.5 Once your website has been cancelled, your website, plus all files, documents and images that you have uploaded will be removed from the Web247.net web site. You keep your account and membership of Web247.net, and the option to use these login credentials to create another website, unless we have cancelled your account due to, for example, misuse or abuse of the service.

11.6 Once your Web247.net account has been cancelled, you will no longer be a member of Web247.net, your login ID and password will be removed and you will no longer have access to Web247.net using these login credentials.

11.7 Without prejudice to any other rights or remedies which the parties may have, either party may terminate this agreement without liability to the other on giving the other not less than one months' notice in writing by email or immediately on giving notice to the other if:

a. The other party commits a material breach of any of the terms of this agreement and if such a breach is remediable, fails to remedy that breach within 30 days of being notified in writing by email of the breach; or
b. An order is made or a resolution is passed for the winding up of the other party, or circumstances arise which entitle a court of competent jurisdiction to make a winding-up order of the other party; or
c. An order is made for the appointment of an administrator to manage the affairs, business and property of the other party, or documents are filed with a court of competent jurisdiction for the appointment of an administrator of the other party, or notice of intention to appoint an administrator has been given; or
d. A receiver is appointed of any of the other party's assets or undertaking, or circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or manager of the other party, or if any other person takes possession of or sells the other party's assets; or
e. The other party makes any arrangement or composition with its creditors, or makes an application to a court of competent jurisdiction for the protection of its creditors in any way; or
f. The other party ceases, or threatens to cease, to trade; or
g. There is a change of control of the other party (as defined in Section 574 of the Capital Allowances Act 2001); or
h. The other party takes or suffers any similar or analogous action in any jurisdiction in consequence of debt.

11.8 On termination of this agreement for any reason:

a you will immediately pay us all of the outstanding payments and interest and, in respect of services supplied but for which no invoice has been submitted, we may submit an invoice, which shall be payable immediately on receipt;
b the accrued rights of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, shall not be affected.

12. Disclaimers

12.1 Nothing in this agreement shall operate to exclude or limit either party's liability for:

a death or personal injury caused by its negligence; or
b any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section2 of the Supply of Goods and Services Act 1982 or appropriate legislation in any applicable jurisdiction; or
c fraud; or
d any other liability which cannot be excluded or limited under applicable law.

12.2 Neither party shall be liable to the other for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.

12.3 Web247.net makes no warranty or representation that the Web247.net website or your website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of a third party, that it will be compatible with all systems or that it will be secure

12.4 Whilst every effort has been made to ensure that all information provided on the Web247.net website is accurate and up to date, Web247.net cannot guarantee that this is the case.

12.5 No part of this Website is intended to constitute advice and the content of this website should not be relied on when making any decisions or taking any action of any kind.

12.6 Whilst every effort has been made to ensure that all descriptions of services available on the Web247.net website correspond to the actual services available, we are not responsible for any variations in these descriptions.

12.7 We cannot guarantee that the Web247.net service will be free of defects or faults.

12.8 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions will prevail unless it is expressly stated otherwise.

13. Force Majeure

13.1 Force Majeure is any event arising that is beyond the reasonable control of the affected party, including any industrial dispute affecting any third party, failure of a utility service or transport network, fire, flood, storm, disaster, malicious damage, compliance with any law or governmental order, rule, regulation or direction, default of suppliers, service partners or sub-contractors, accident, breakdown of plant or machinery, civil riot or war.

13.2 A party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this agreement shall forthwith notify the other and shall inform the other of the period for which it is estimated that such failure or delay will continue. The affected party shall take reasonable steps to mitigate the effect of the Force Majeure Event.

13.3 Web247.net shall have no liability to you under this agreement if it is prevented from or delayed in performing its obligations under this agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control

14. Confidentiality

14.1 Confidential Information is all information, whether technical or commercial, including all specifications, drawings and designs, disclosed in writing, by any digital data storage means, orally or by inspection of documents or pursuant to discussions between the parties, where the information is:

a identified as confidential at the time of disclosure; or
b ought reasonably to be considered confidential given the nature of the information or the circumstances of disclosure.

14.2 Each party shall protect the Confidential Information of the other party against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard its own confidential information of a similar nature, being at least a reasonable degree of care.

14.3 Confidential information may be disclosed by the receiving party to its employees, affiliates and professional advisers, provided that the recipient is bound in writing to maintain the confidentiality of the Confidential Information received.

14.4 The obligations set out in this clause 14 shall not apply to Confidential Information which the receiving party can demonstrate:

a. is or has become publicly known other than through breach of this clause 14;
b. was in possession of the receiving party prior to disclosure by the other party;
c. was received by the receiving party from an independent third party who has full right of disclosure; or
d. was independently developed by the receiving party; or
e. was required to be disclosed by a governmental authority, stock exchange or regulatory body, provided that the party subject to such requirement to disclose gives the other party prompt written notice of the requirement.

14.5 The obligations of confidentiality in this clause 14 shall not be affected by the expiry or termination of the agreement.

15. Notices

15.1 A notice given under this agreement:

a. Shall be in writing;
b. Shall be sent for the attention of the person, and to the email address given in this clause 15 (or such other person as the receiving party may have notified to the other, such notice to take effect five days from the notice being received); and
c. Shall be sent by email.

15.2 The email address for the service of notice for you is billing@web247.net and for Web247.net is your Web247.net customer email address.

15.3 A notice is deemed to have been received at the time of transmission, providing a read-receipt email is returned successfully.

15.4 To prove service, it is sufficient to prove that the notice was sent to the email address of the relevant party.

16. Entire Agreement

16.1 Except as provided in this clause 16, neither party shall have any remedy in respect of any untrue statement, whether written or orally, made to it on which it relied in entering into this agreement (Misrepresentation), and neither party shall have any liability other than pursuant to the express terms of this agreement. Nothing in this agreement shall exclude or limit either party's liability for any Misrepresentation made knowing that is was untrue. Each party's liability for Misrepresentation as to a fundamental matter, including as to a matter fundamental to that party's ability to perform its obligations under this agreement, shall be subject to the limit set out in clause 13.2.

17. Third Party Rights

17.1 The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this agreement is not subject to the consent of any person who is not a party to this agreement.

17.2 This agreement is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, any other person.

18. Variation and Waiver

18.1 A variation of this agreement shall be in writing and signed by or on behalf of both parties to this agreement.

18.2 A waiver of any right under this agreement is only effective if it is in writing, and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given. No waiver shall be implied by taking or failing to take any other action.

18.3 Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.

19. Severance

19.1 If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

19.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

19.3 The parties agree, in the circumstances referred to in condition 19.1 and if condition 19.2 does not apply, to attempt to substitute for any invalid, unenforceable or illegal provision a valid, enforceable and legal provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.

20. Status of Pre-contractual Statements

20.1 Each of the parties acknowledges and agrees that, in entering into this agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty of understanding (whether in writing or not) of any person (whether party to these terms and conditions or not) relating to the subject matter of this agreement, other than as expressly set out in this agreement.

21. No Partnership or Agency

21.1 Nothing in this agreement is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as an agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise or any right or power).

22. Questions or complaints

22.1 Complaints or claims must be notified to us within 30 days of the problem.

22.2 If you have a question or complaint, please contact us.

23. Governing Law and Jurisdiction

23.1 This agreement and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the law of England

23.2 The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement

24. Blue Fish Innovations Ltd (trading as Web247.net) incorporated and registered in England and Wales with company number 005600224 whose registered office is at 1 Barbers Drove, Crowland, Peterborough, Cambridgeshire, PE6 0BE, England