In this document the following words shall have the following meanings:
1.1 "Agreement" means these Terms and Conditions together with the terms of any applicable Service Proposal. In the event of any conflict between these Terms and Conditions and any other document or communication, these Terms and Conditions shall prevail.
1.2 “Order Form" means an application for the provision of an account with Reliable Green Web Limited for the work as specified in the Service Proposal which is to be submitted by the Client to Reliable Green Web Limited.
1.3 "Client" means the organisation or person who purchases services from Reliable Green Web Limited.
1.4 "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.5 "Service Proposal" means a statement of work, quotation or other similar document describing the services to be provided by Reliable Green Web Limited.
1.6 "Reliable Green Web Limited or Reliable Green Web "means supplier; Reliable Green Web Limited, 48, Coniston Road, Lancaster, LA1 3NJ, registered in England number 7791254 1.7 A person who is not a party to a Contract has no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any Term of these Terms and Conditions.
1.8 Clause headings are for ease of reference and do not form part of nor shall they affect the interpretation of these Terms and Conditions.
1.9 Where the context so admits or requires words denoting the singular includes the plural and vice versa and words denoting any gender include all genders.
1.10 References to each party include its permitted assigns and successors by operation of law.
1.11 “Enforceable” means these Terms and Conditions form the binding legal agreement between Reliable Green Web Limited and the Client, as soon as the Client signs the Order Form.
2.1 These Terms and Conditions shall apply to all Applications for the supply of services by Reliable Green Web Limited to the Client.
2.2 Before the commencement of the services Reliable Green Web shall submit to the Client a Service Proposal and Order Form, which shall specify the services to be performed and the fees payable throughout the term of the agreement. The Client shall notify Reliable Green Web immediately if the Client does not agree with the contents of the Service Proposal and Order form. All Service Proposals shall be subject to these Terms and Conditions. The signing of the Order Form by the Client will form the legal contractual relationship between both parties and is enforceable in a UK court of Law(England + Wales). No cancellation or cooling off period is provided.
2.3 Reliable Green Web shall use all reasonable endeavours to complete the services within estimated time frames but time shall not be of the essence in the performance of any services.
2.4 The failure of either party to enforce or to exercise at any time or for any period of time any term of or any right pursuant to these Terms and Conditions does not constitute, and shall not be construed as, a waiver of such term or right and shall in no way affect that party's right later to enforce or to exercise it.
2.5 If any term of these Terms and Conditions is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from these Terms and Conditions and shall in no way affect the legality, validity or enforceability of the remaining terms.
2.6 These Terms and Conditions contain all the terms agreed between the parties regarding its subject matter and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to any agreement governed by these Terms and Conditions except as expressly stated in these Terms and Conditions. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into any Agreement (unless such untrue statement was made fraudulently) and that party's only remedies shall be for breach of contract as provided in these Terms and Conditions.
2.7 The relationship of the parties is that of independent contractors dealing at arm's length. Except as otherwise stated in these Terms and Conditions, nothing in these Terms and Conditions shall constitute the parties as partners, joint ventures or co-owners, or constitute either party as the agent, employee or representative of the other, or empower either party to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.
2.8 Any valid alteration to or variation of these Terms and Conditions must be in writing and signed on behalf of each of the parties by a duly authorised officer.
3. FEES AND PAYMENT
3.1 The fees for the performance of the services are as set out in the Service Proposal or Order Form. Reliable Green Web shall invoice the Client for the services or in cases where payment is required on order the Client will pay at the time of signing the relevant service application form.
3.2 Invoiced amounts shall be due and payable within 14 days of receipt of invoice. Reliable Green Web shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 5% per annum above the base rate of the Bank of England from time to time. In the event that the Client’s procedures require that an invoice be submitted against a purchase order to payment, the Client shall be responsible for issuing such purchase order before the services are rendered.
3.3 All charges are exclusive of VAT and any other applicable purchase tax, import and all other duties. Any failure by the Client to pay any fees due under these Terms and Conditions on the date specified shall be deemed to be a "material breach" of these Terms and Conditions.
3.4 Additional payments terms are only applicable to a point where the client is not in breach of any other terms specified here. In the event where clients are in breach of any terms stated here, all additional payment terms will be voided and all outstanding balances will be demanded in full.
3.5 Should the Client purchase services where subscription fees are payable by BACS, the completed payment must be returned to Reliable Green Web within 7 days of invoice date. In the event of the Client failing to send payment, Reliable Green Web reserves the right to withdraw offer of monthly payment and invoice for the terms of the agreement immediately. This invoice will be payable within 7 days.
3.6 Clients who pay by Paypal account at time of order will not be charged the 3% admin fee. All other credit card payments will be charged a 3% additional fee. By using credit card or Paypal account for purchase of any of our services you are accepting all terms and conditions of sale.
3.7 The Client accepts that any credit card details or registered payment forms may be used to charge the Client for any fees that may be applicable during the term of the agreement if the Client fails to issue payment once an invoice has been issued. The Client acknowledges that Reliable Green Web may do this without providing any notice.
3.8 The Client acknowledges that any remittance sent will be allocated to all overdue invoices first. The Client may not purchase any additional services without first providing remittance for outstanding liabilities.
3.9 In the event the client continues to make further payments to Reliable Green Web post cancellation of the agreement, the client agrees that Reliable Green Web is not entitled to issue refunds. It is the Clients responsibility to stop further payments to Reliable Green Web.
4. CLIENT’S OBLIGATIONS
4.1 To enable Reliable Green Web to perform its obligations under this Agreement the Client shall:
4.1.a co-operate with Reliable Green Web;
4.1.b provide Reliable Green Web with any information required and requested by Reliable Green Web;
4.1.c adhere to all timeframes and procedures set by Reliable Green Web in these terms and conditions and in any correspondence from Reliable Green Web;
4.1.d obtain all necessary permissions and consents which may be required before the commencement of the services; and
4.1.e comply with such other requirements as may be set out in the Service Specification or otherwise agreed between the parties.
4.2 The Client shall be liable to compensate Reliable Green Web for any expenses incurred by Reliable Green Web as a result of the Client’s failure to comply with Clause 4.1.
4.3 Without prejudice to any other rights to which Reliable Green Web may be entitled, in the event that the Client unlawfully terminates or cancels the services agreed to in the Service Proposal, the Client shall be required to pay to Reliable Green Web as agreed damages and not as a penalty the full amount of any third party costs to which Reliable Green Web has committed and in respect of cancellations on less than five working days’ written notice the full amount of the services contracted for as set out in the Service Proposal, and the Client agrees this is a genuine pre-estimate of the Reliable Green Web’s losses in such a case. For the avoidance of doubt, the Client’s failure to comply with any obligations under Clause 4.1 shall be deemed to be a cancellation of the services and subject to the payment of the damages set out in this Clause.
4.4 In the event that the Client or any third party, not being a sub-contractor of Reliable Green Web, shall omit or commit anything which prevents or delays Reliable Green Web from undertaking or complying with any of its obligations under this Agreement, then Reliable Green Web shall notify the Client as soon as possible and:
4.4.a Reliable Green Web shall have no liability in respect of any delay to the completion of any project;
4.4.b if applicable, the timetable for the project will be modified accordingly;
4.4.c Reliable Green Web shall notify the Client at the same time if it intends to make any claim for additional costs.
5. ALTERATIONS TO THE SERVICE PROPOSAL
5.1 The parties may at any time mutually agree upon and execute a new Service Proposal. Any alterations in the scope of services to be provided under this Agreement shall be set out in the Service Proposal, which shall reflect the changed services and fees and any other terms agreed between the parties.
5.2 The Client may at any time request alterations to the Service Proposal by notice in writing to Reliable Green Web. On receipt of the request for alterations Reliable Green Web shall, within 5 working days or such other period as may be agreed between the parties, advise the Client by notice in writing of the effect of such alterations, if any, on the fees and any other terms already agreed between the parties.
5.3 Where Reliable Green Web gives written notice to the Client agreeing to perform any alterations on terms different to those already agreed between the parties, the Client shall, within 5 working days of receipt of such notice or such other period as may be agreed between the parties, advise Reliable Green Web by notice in writing whether or not it wishes the alterations to proceed.
5.4 Where Reliable Green Web gives written notice to the Client agreeing to perform alterations on terms different to those already agreed between the parties, and the Client confirms in writing that it wishes the alterations to proceed on those terms, the Service Proposal shall be amended to reflect such alterations and thereafter Reliable Green Web shall perform this Agreement upon the basis of such amended terms.
5.5 Reliable Green Web may, at it’s sole discretion, employ a third party to perform the Service Proposal and will provide the Client with written notice of the same.
5.5a The Client may object to assignment to the third party of the Service Proposal by providing written notice to Reliable Green Web Limited within  days of the notice from Reliable Green Web.
6. INTERNET MARKETING CAMPAIGNS
6.1.1 The Client understands that all Fixed Fee Internet Marketing Campaigns carry a revolving contracted term of 12 months, unless otherwise stated with an initial fee payable immediately and a revolving 12 month contractual bond for which a fixed fee is payable each month. Service will begin as soon as the Client has signed the relevant contractual agreement unless an alternative arrangement has been specified on the contract.
6.1.2 The Client understands that all Pay on Results Internet Marketing Campaigns carry a revolving contracted term of 12 months, unless otherwise stated with no initial fee and a revolving 12 month contractual bond for which an agreed amount is paid on attaining those results on a month by month basis. Service will begin as soon as the Client has signed the relevant contractual agreement unless an alternative arrangement has been specified on the contract.
6.2 The Client acknowledges that their SEO service is a Search Engine Optimisation and Search Engine Consultancy service designed to enhance the chances of achieving search engine placement on the major search engines using a fixed number of keyphrases confirmed by the Client and agreed by Reliable Green Web Limited. The Client acknowledges and agrees that in order for the service to be successful, the Client guarantees to cooperate with Reliable Green Web Limited and act upon and implement all Reliable Green Web Limited's advice within 4 weeks of being notified in the strategic analysis report and monthly reports, and provide all access necessary for Reliable Green Web Limited to carry out its duties as it sees fit throughout the term of the agreement. The Client agrees that recommendations made by Reliable Green Web may result in the Client having to incur further expense beyond the standard subscription fee payable to Reliable Green Web to achieve the desired results. Failure to adhere to any of instructions given by Reliable Green Web is a breach of contract and may result in suspension or cancellation of the service, with an obligation to pay the full contractual value to Reliable Green Web. In the event where the Client is in breach of this clause, the Client agrees to waive all rights to execute clause 6.22 within these terms and conditions.
6.3 Reliable Green Web Limited will issue to the Client a list of keyphrases that can be promoted as part of the SEO service. The Client will be required to choose from the list the maximum as stated on the contract. The Client will be given an opportunity to specify their own keyphrases to be used as part of the program. The Client acknowledges that competitive keyphrases can be promoted, however these may take longer to achieve rankings on the search engines depending on the status of the website on the search engines. Keyphrases requested that have no relevance to the website stated on the contract will not be promoted.
6.4 Reliable Green Web Limited may issue a strategic analysis report detailing the status of the website to be promoted on the search engines no later than 28 working days from agreement of the keyphrases to be promoted as part of the service. This report will detail the work to be carried out by Reliable Green Web Limited and the recommended work for the Client to carry out or commission a third party to complete. The Client may request Reliable Green Web Limited to complete the Clients duties specified on the report. Reliable Green Web Limited will quote the Client for any additional work to be carried out. A separate agreement will be required to be completed for this.
6.5 Reliable Green Web will apply the initial optimisation process as detailed on the strategic analysis report issued by Reliable Green Web Limited. Reliable Green Web Limited will carry out this work assuming it has all relevant access to carry out its full work schedule. In the event where the Client’s website is inaccessible or the required work cannot be completed due to complexities in the design of the website Reliable Green Web Limited will provide a detailed list of work for the Client to provide his/her appointed website designers/programmers. Upon completion of the On page optimisation process, Reliable Green Web Limited will either
6.5.a Gain authorisation from the Client to upload all work to the host address provided
6.5.b Send all files via email to the Client for uploading
6.5.c Send all files to the Client’s recommended web designers or programmers for uploading.
6.6.a Reliable Green Web Limited will activate the SEO maintenance schedule for a fixed monthly fee contract, immediately after completion of the strategic report under normal circumstances except where Clients are in breach of contract and report on work done, one month in arrears. In the event of a breach the Client will be required to pay the monthly subscription fee each month regardless of the status of the service schedule. In conjunction with this the Client will be required to pay the first month’s maintenance fee as specified on the contract. The Client will also be required to make BACS payments for all future payments. The first payment will be due within 7 days of signature of the order form. Failure to process the required payment will be deemed as breach of contract and all fees for the full term of the agreement will be demanded up front.
6.6.b Reliable Green Web Limited will activate the SEO maintenance schedule for a pay on results contract, immediately after signature of the service proposal under normal circumstances except where Clients have not provided access to their site or provided payment for necessary content pages. In the event of this type of breach of contract the Client will be required to pay the monthly subscription fee as if the contract was a fixed fee contract, each month regardless of the status of the service schedule. In conjunction with this the Client may be required to pay the first month’s maintenance fee as specified on the contract. The Client will also be required to make BACS payments for all future payments until such time as content fees have been paid. The first payment will be due within 14 days of invoicing for the content. Failure to process the required payment will be deemed as breach of contract and all fees for the full term of the agreement may be demanded up front.
6.7 The maintenance schedule will consist of various internet marketing methods including external one-way link building, continuous generation of optimised content pages, directory submissions, social media page setup, bookmarking, Pay-Per-Click advertising, email marketing and others mentioned on the service proposal. Some or all of these tasks will form part of the monthly maintenance work carried out by Reliable Green Web Limited. Each month the Client will be sent a report detailing the work carried out as well as detailing the work to be carried out the following month. Reliable Green Web Limited will also notify the Client each month of the Client’s duties whilst also making further recommendations for the Client to apply. A search engine status report detailing the current ranking status in the search engines will also be included as a monthly report if SEO is included in the marketing strategy.
6.8 Reliable Green Web Limited may from time to time advise the Client to purchase paid inbound links on high ranking websites and directories. The Client understands that the SEO fee paid to Reliable Green Web Limited does not include the payment of these and if authorisation is provided to purchase links then the Client will be liable for all immediate and future charges.
6.9 The Client agrees not to overwrite or remove any work applied by Reliable Green Web Limited throughout the term of this service. In the event where the Client overwrites any work carried out and Reliable Green Web Limited is required to upload the back up held, the Client will be liable for an administrative fee of £100.00 + VAT. In the event where a backup is not able to be kept by Reliable Green Web Limited and all work has to be redone then the Client will be required to pay the full re-optimisation process at a rate of £50.00 + VAT per hour. Reliable Green Web Limited will quote the exact time to be taken prior to starting any work.
6.10 Reliable Green Web Limited cannot guarantee the client any fixed amount of traffic to the website. The traffic level is affected by the popularity of that particular keyphrase.
6.11 Reliable Green Web Limited endeavour to make backup copies of the work completed by Reliable Green Web Limited and all client data at regular intervals, however it is the responsibility of the client to make their own backup copies of their website. Reliable Green Web Limited will not be held accountable or liable for the damage or loss of any client data or information throughout the Internet Marketing program.
6.12 The Client understands that neglect to follow instructions by Reliable Green Web Limited with regards to this service, will result in the cancellation/suspension of the service completely. Should the client breach the contract in any way, s(he) is liable to pay all contractual fees up until the end of the service term.
6.13 The Client agrees that Reliable Green Web Limited cannot guarantee the exact ranking of any keyphrase that will be achieved on the Search Engines as this depends on the competitive nature of the industry and the regular changes in search engine algorithms.
6.14 The Client agrees that in the event where the promoted website is blacklisted from the search engines due to any action carried out by the Client without prior approval form Reliable Green Web Limited will result in additional charges for all work that may deemed necessary by Reliable Green Web Limited to re-establish the website on the search engines. Reliable Green Web Limited cannot provide any guarantee the website will be reindexed by the search engines after the completion of work.
6.15 In the event where the Client redesigns or decides to replace the website under the domain name promoted, the existing Internet Marketing program will cease and a new program will begin. At this stage the Client is required to pay the initial set up fee again followed by the 12 monthly payments for the term of the agreement even if this had originally been a Pay on Results contract. In the event where the Client refuses to do so s/he will be liable for all remaining contractual charges for the term of the agreement. Upon payment the service will be terminated with immediate effect.
6.16 The Client may from time to time request to change the keyphrases being promoted. Reliable Green Web Limited will allow the client to change a maximum of 20% of the total keyphrases to be promoted in any one term. In the event where the Client requires more keyphrases to be changed s/he will be required to purchase a new SEO service program.
6.17 Reliable Green Web Limited may recommend and apply website changes which may effect the visual aspects of the website. These changes will only be made if prior approval is received from the Client.
6.18 Reliable Green Web Limited may at times add links to other partner sites that exchange links with the client’s website. Reliable Green Web Limited will add these links without notice to the Client but will remove them if the Client raises an objection.
6.19 The Client agrees not to employ the services of any other search engine optimisation company for the same website whilst on the SEO service.
6.20 Reliable Green Web Limited may request content to be written and provided by the Client for a particular keyphrase if Reliable Green Web Limited feels there is not adequate information on the website regarding a specific keyphrase that requires promoting. The Client accepts that this is the Clients duty. Reliable Green Web Limited will take the content and create the necessary optimised web page using this content. The pages will be uploaded by Reliable Green Web Limited in normal circumstances. In circumstances where the website in question is dynamically created using a programming language or where access is not provided, Reliable Green Web Limited will provide instructions to the Client to upload the pages using their own means. All Pay on Results SEO contracts will require the Client to use the professional services of Reliable Green Web’s copywriters for content pages and they will need to pay for these at the current agreed rate.
6.21 Reliable Green Web Limited will not make any direct changes on websites that are dynamically created using a programming language and on websites created using content management systems or on websites where the necessary files are not provided to Reliable Green Web Limited in the format requested by Reliable Green Web Limited. Dynamically generated websites have complex code which is normally only understood by the developers who wrote it. Reliable Green Web Limited will detail all instructions of the changes to be made to the client in the event of the above. This clause does not apply to dynamic websites created by Reliable Green Web Limited.
6.22. In the event where Reliable Green Web Limited has offered a pay on results internet marketing contract:-
6.22.a Reliable Green Web Limited reserves the right to terminate the arrangement at the end of each calendar month should results not be forthcoming and no payment is due.
6.22.b The Client may not terminate the arrangement until the full term of the contract has occurred under any circumstances that would mean that liability for payment for the later months of the contract could be removed. It is an inevitable condition of such contracts that lower payments at start up means that payments will be larger towards the end of the contract term.
6.22.c At the end of the contract term the contract will rollover to a new term of the same length as the first unless either party terminates the agreement or both parties agree to redraw the contract.
6.22.d Reliable Green Web Limited will provide reports of where the Clients website is listed on the specified search engines using the keyphrases to be promoted each month. Reliable Green Web Limited will only accept and rely on the data displayed in reports provided by Reliable Green Web to determine if the Clients website has achieved or failed to achieve the rankings for the chosen keyphrases in the search engines. No other form of data will be relied upon.
7.1 Reliable Green Web warrants that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.
7.2 Except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the services to be provided by Reliable Green Web.
The Client shall indemnify Reliable Green Web against all claims, costs and expenses which Reliable Green Web may incur and which arise, directly or indirectly, from the Client’s breach of any of its obligations under this Agreement, including any claims brought against Reliable Green Web alleging that any services provided by Reliable Green Web in accordance with the Service Proposal infringes a patent, copyright or trade secret or other similar right of a third party.
9. LIMITATION OF LIABILITY
9.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of Reliable Green Web to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the fees paid by the Client to which the claim relates.
9.2 In no event shall Reliable Green Web be liable to the Client for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Reliable Green Web had been made aware of the possibility of the Client incurring such a loss.
9.3 Nothing in these Terms and Conditions shall exclude or limit Reliable Green Web’s liability for death or personal injury resulting from Reliable Green Web’s negligence or that of its employees, agents or sub-contractors.
10.1 Either party may terminate this Agreement forthwith by notice in writing to the other if;
10.1a the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within 30 calendar days of being given written notice from the other party to do so;
10.1b the other party commits a material breach of this Agreement which cannot be remedied under any circumstances;
10.1c the other party ceases to carry on its business or substantially the whole of its business; or
10.1d the other party chooses not to renew for a further term after the expiry date of the prevailing term and having paid all contracted charges from the previous term. In this event a notice must be provided in writing on Company letterhead within the final 30 days prior to the annual renewal date of the contract. Failure to send the cancellation notice in the required period will result in automatic renewal of the contract term. Cancellations are also rejected if any existing invoices remain unpaid at the renewal date of the contract.
10.2 Reliable Green Web may terminate this Agreement by notice in writing to the Client if 10.2a the Client passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
10.2b the Client is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
11. CONTINUATION OF AGREEMENT
Should Reliable Green Web be declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets then this Agreement shall remain in force and may be assigned as per clause 16.2
12. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of Reliable Green Web, and the Client shall do all that is reasonably necessary to ensure that such rights vest in Reliable Green Web by the execution of appropriate instruments or the making of agreements with third parties.
13. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
14. DATA PROTECTION
All parties involved in the agreement will understand and follow the rules and regulations of the Data Protection Act 1998. This includes codes of practice and the confidentiality of personal information.
15. INDEPENDENT CONTRACTORS
Reliable Green Web and the Client are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Reliable Green Web may, in addition to its own employees, engage sub-contractors to provide all or part of the services being provided to the Client and such engagement shall not relieve Reliable Green Web of its obligations under this Agreement.
16.1 The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent (which shall not be unreasonably withheld or delayed) of Reliable Green Web.
16.2 Reliable Green Web may at its discretion assign its rights in the Agreement to a willing third party (which shall include, but not be limited to a Group Company, Administrative Receiver or Liquidator) should it so desire. Notice of the Assignment will be provided to the Client
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
Any notice to be given by either party to the other may be served by email, personal service or by post to the address of the other party given in the Service Proposal or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
20. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
21. NO THIRD PARTIES
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
22. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
23. TERMS OF TELEPHONE SERVICE
Reliable Green Web Customer Relations department aim to provide the best service. If for some reason the client is unsuccessful in getting through to our Customer Relations department, you can either leave a message on the answer phone and we will get back to you as soon as possible or email us at firstname.lastname@example.org. If during the customer relations call the client is abusive, Reliable Green Web hold the right to remove the clients support privileges.
24. SUSPENSION AND CANCELLATION OF SERVICES
24.1 Reliable Green Web hold the rights to cancel and suspend any services/agreements if the client is not responding to any notices or providing the relevant information set out in the service specification and terms listed here. There has to be a level of commitment from the client's behalf in order for Reliable Green Web to provide a full service. If the client fails to provide the relevant information for their package(s) after 3 months from the agreement date, Reliable Green Web hold the right to suspend or cancel any services the client has with Reliable Green Web. If the client wishes to unsuspend their account they will be liable to pay £99 + VAT
24.2 Reliable Green Web may choose to cancel any service at the end of the subscription term of the relevant service. Reliable Green Web is not required to provide a reason for such an action. 24.3 Clients understand and agree that all services are supplied on a subscription basis only. Cancellation of the subscription by either party will result in loss of all services including any data stored by Reliable Green Web. Clients will not be able to retain any aspect of the service elements provided in part or in whole once cancelled by either party.
24.4 In the event of suspension of a service, any data belonging to the Client may be deleted. Reliable Green Web Limited cannot maintain personal Client data on its systems in the event of a suspension taking place. The Client agrees to keep back up copies of all personal data and is responsible for the maintenance of such data.
24.4a All service contracts fees are payable immediately in the event of a suspension of a service until the end of the term of the prevailing contract term.
25. COMPLAINTS PROCEDURE
If at anytime you are dissatisified with any service you may contact our customer support team in the first instance at email@example.com.