Terms of Service

Terms and Conditions

BACKGROUND:
1. These Terms and Conditions govern the provision of website hosting services provided by Nerdle Ltd, a company Registered in England and Wales Under Number 10314395 whose registered office is at 46-48 Long St, Middleton, Manchester M24 6UQ, United Kingdom ("the Host") to clients wishing to use those website hosting services to host their website(s). Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur on Your indicating Your acceptance and completing your Order for the Service.

Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Account”	means Your details that are required and held by Us to facilitate the provision of the Service to You including, but not limited to, identification and location details, username and password, and details of the Service provided to You;
“Business Day”	means, any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business in England;
“Client Website”	means the website that We shall host for You and refers to all parts of that website including, but not limited to, component files and related services such as e-mail;
“Confidential Information”	means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with the Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);
“Contract”	means the legally binding agreement formed between You and Us upon Your acceptance of these Terms and Conditions and Your completion of Your Order;
“Fee”	means the sum(s) payable by You to Us in order to receive the Service;
“Hosting Hardware”	means any and all computer and networking equipment used by Us in the provision of the Service including, but not limited to, servers and network infrastructure;
“Hosting Package”	means one of the hosting packages described on Our website at https://www.nerdle.uk and generally refers to the package selected by You during the sign-up process which shall refer to specific features including, but not limited to, tools, facilities, storage limits and duration of service;
“Product(s) and/or Service(s)”	means the product(s) and/or service(s) described on Our website at https://www.nerdle.uk and generally refers to the product(s) and/or service(s) selected by You during the sign-up process which shall refer to specific features including, but not limited to, features and specifications;
“Hosting Software”	means any and all software used by Us in the provision of the Service including, but not limited, that which may be used by You;
“Intellectual Property Rights”	means copyright (and related rights), designs, patents, trade marks and any and all other intellectual property rights. This includes all such rights, whether they are registered or unregistered, and the rights to apply for renewals or extensions of those rights (where relevant);
“Order”	means Your order for the Service as completed by You via Our website at https://www.nerdle.uk specifying Your Account details, Your chosen Hosting Package and
“Service”	means, collectively, all components of Our website hosting service as provided to You in accordance with Your chosen Hosting Package, as fully described on Our website at https://www.nerdle.uk.

Unless the context otherwise requires, each reference in these Terms and Conditions to:
1. "writing", and any similar expression, includes a reference to any electronic communication whether sent by e-mail, [text message,] fax or similar means;
2. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
3. "these Terms and Conditions" is a reference to these Terms and Conditions as amended or supplemented at the relevant time;
4. a Clause or paragraph is a reference to a Clause of these Terms and Conditions;
5. a "Party" or the "Parties" refer either singularly or jointly to Us and You;
6. "We/Us/Our" is a reference to Nerdle Ltd, the Host;
7. "You/Your" is a reference to you, the Client.
The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
Words imparting the singular number shall include the plural and vice versa.
References to any gender shall include the other gender.
References to persons shall include corporations.

The Service
1. Provision of the Service shall commence on the date specified in Your Order.
2. If the commencement of the Service is delayed by more than 1 week from the date of Your Order, We shall contact You and shall give You the option of waiting for a further 1 week or receiving a full refund of any and all Fees paid. In the event of further delay, the process set out in this sub-Clause 2.2 shall be repeated.
3. We are under no obligation to provide any services that do not form a part of Your chosen Hosting Package unless You upgrade Your Hosting Package, where available, or unless both Parties enter into a separate written agreement for the provision of additional services.
4. We may, at Our sole discretion, alter, improve or otherwise modify the Service provided that any such change will not alter the Service received by You to Your material disadvantage (which would include, but not be limited to, the removal of features from Hosting Packages). You will be notified no later than 7 Business Days in advance of any planned changes and shall receive full details of any action required on Your part. No alterations to the Service will affect the Fee payable by You.
5. Notwithstanding the provisions of sub-Clause 2.4 We may take any action necessary to diagnose and/or rectify faults in the Hosting Hardware or Hosting Software without any prior notice to You. If such diagnosis or rectification results in an interruption to the provision of the Service, You will be notified in accordance with the provisions of Clause 3.
Availability of Service
1. We will use reasonable endeavours to ensure that the Service is provided to You on a constant, uninterrupted basis throughout the duration of Your chosen Hosting Package.
2. Notwithstanding sub-Clause 3.1, We shall not be liable for Hosting Hardware downtime or interruptions to the Service where such downtime or interruptions last for no more than 0.004% of the monthly Uptime of the Service.
3. Where the Service is unavailable for more than 0.004% of the monthly Uptime of the Service We will provide details of the interruption including, but not limited to the cause, on the "Network Status" page in your client area. If this is not possible due to an undiagnosed problem, We will, at a minimum, state that the problem is being investigated.
4. Where Service interruption due to Hosting Hardware failure causes the monthly Uptime of the Service to fall below 99.6% We will, notwithstanding sub-Clause 10.1.1, upon request within 48 hours of notification of Downtime set out in sub-Clause 3.1, issue a discount of 25% of the monthly Fees payable where the monthly Uptime rate of the Service is between 95% and 99.5%, a discount of 50% of the monthly Fees payable where the monthly Uptime rate rate of the Service is between 90% and 94.9% and a discount of 100% of the monthly Fees payable where the monthly Uptime rate rate of the Service is 89.9% or less. Such discounts shall be applied to the Fee payment due immediately following the Downtime. Discounts shall be made up to a maximum of 100% of the Fees payable for a given month. We acknowledge that this is an appropriate remedy in view of Your legitimate commercial interest in Service interruption due to failure of the Hosting Hardware being avoided or minimised.
5. Where the provision of the Service is interrupted through the fault of any third party, We shall bear no responsibility or liability.
Fees and Payment
1. Fees for Hosting Packages are detailed at https://www.nerdle.uk and the Fees for Your chosen Hosting Package are confirmed in Your Order.
2. You shall be required to pay all Fees due in advance of the Service for the duration of the Service specified in Your chosen Hosting Package.
3. For the first period of Service provision (as specified in Your chosen Hosting Package), payment of Fees shall take place on the date that You complete Your Order. For subsequent periods of Service provision, We will send You a renewal notice and invoice via e-mail not less than 14 Business Days prior to the expiry of the then current period. Payment must be made within 14 Business Days of receipt of the renewal notice and invoice in order for provision of the Service to continue without interruption.
4. We are free, at any time, to change the price of Our services (including, but not limited to, the Hosting Package chosen by You). You will not be subject to any additional charges during a period of Service Provision for which You have already paid resulting from a price increase, nor to any refunds resulting from a price decrease. Any changes in Fees due shall be reflected in subsequent renewals only. We reserve the right to continue charging old prices for renewals.
5. All Fees payable by You to Us must be paid in full, without set off or deduction. In the event any Fees are not paid in full on or before the due date We reserve the right to immediately suspend all Services provided to You and terminate the Contract.
6. Where You have previously paid for Services provided by Us using a credit or debit card We will take payment for any of Your unpaid invoices, on or after their due date, using the card details stored in Your client account.
7. You may change your Hosting Package at any time. If the You choose to do so and downgrade your Hosting Package, We shall refund the original Fee paid by You pro rata for the relevant period of Service provision that remain. Refunds shall be deducted from the Fee for the next complete period of Service provision for Your newly chosen Hosting Package. You will be invoiced for a new complete period of Service provision as specified in Your newly chosen Hosting Package in accordance with the Fees for that Hosting Package.
8. All payments for Fees due under these Terms and Conditions must be made using a valid debit or credit card via one of Our chosen payment partners, WorldPay FuturePay or PayPal, or by bank transfer.
9. WorldPay FuturePay - Payments made via WorldPay FuturePay create one of two types of agreement:
  1. Regular Agreements: used to pay set or variable amounts at regular, fixed intervals over a specific time. This is typically used, for example, to pay for Our Hosting Packages, products and/or services on a monthly or annual billing cycle - Recurring Payments.
    Recurring Payment (regular) agreements are online arrangements, similar to Standing Orders and Direct Debits, set up for Us to obtain payment on a repeat or regular basis for the Hosting Packag(es), product(s) and/or service(s) purchased by You.
    A Recurring Payment (regular) agreement is automatically set up when you choose a Hosting Package, product or service that is paid for by recurring payment (WorldPay FuturePay) from Us. You can view the agreed payment schedule before entering Your payment details to set up the agreement.
    WorldPay then creates a unique reference number - called the WorldPay FuturePay Agreement ID - for the agreement which is displayed on the payment page after you have entered Your payment details and also sent to You in a confirmation email.
    Once your agreement has been set up, We will automatically collect payments according to the type of agreement for as long as the agreement remains in force according Clause 16.
    Each time a payment is debited from your card or bank account as part of Your agreement, transaction confirmation emails are generated by Our billing system and WorldPay WorldPay FuturePay and sent to the email address We/they have on record for You entered when Your agreement was created.
    If your card expires or if a payment is not authorised, You will receive an email to inform You of the steps You need to take within Our billing system to resolve the issue.
  2. Limited agreements: this type of agreement is used to pay set or variable amounts at non-fixed intervals. This type of agreement allows You to make separate purchases without having to re-enter your card details each time.
  3. Agreement Cancellation: You may cancel such agreement(s) at any time by advising Us, in writing, according to Clause 16.5 which will invoke termination according to Clause 17.
10. PayPal - Payments made via PayPal are subject to PayPal's own terms and conditions of service and We make no representations or warranties with respect to their services.
  1. Recurring Payments: Recurring payments created via PayPal set up a recurring payment scheme within Your PayPal account whereby PayPal will pay Us the set amount upon the scheme payment date. We do not access Your PayPal account in order to take payment.
  2. Cancellation: You may cancel such recurring payments at any time by advising Us, in writing, according to Clause 16.5 which will invoke termination according to Clause 17.
11. In the event We receive notification of a Chargeback from Your card provider, WorldPay FuturePay or PayPal relating to payment for Services provided by Us to You, We reserve the right to immediately suspend the related Service(s) until such time as the chargeback is cancelled. In the event We are successful in defending a chargeback We reserve the right to charge You an administration fee of £100.
12. All Fees shown are Net, unless otherwise indicated.
Money Back Guarantee
1. From the date of Your payment under Clause 4 We offer a 30 day money back guarantee during which You may cancel Your Order and receive a full refund if You are in any way unhappy with the Service.
2. If You choose to take advantage of the money back guarantee, You should raise a support ticket to the Billing department using the subject line: "Refund Request", and providing full details of Your Account and Order.
3. Please note that cancelling under this Clause 5 will result in the termination of the Service and thus the removal of Your Client Website from the Hosting Hardware. Any data You have not backed up Yourself will be lost.
4. Please note that any fees associated with the purchase of domain names and/or licenses will be deducted from the refund as these are not refundable to Us.
Changes to these Terms and Conditions
1. We reserve the right to change these Terms and Conditions and any and all other terms and conditions and/or policies which may affect You in order to comply with changes in the law.
2. You will be informed of any changes made under this Clause 6 and shall be deemed to be bound by them immediately upon receipt of the notice.
Your Obligations and Undertakings
1. You may not use the Service (including, but not limited to, the Hosting Hardware and/or the Hosting Software) for any unlawful or otherwise inappropriate purposes. This includes, but is not limited to:
  1. Distribution of computer viruses, malware, spyware or any other form of code designed to cause harm or nuisance to hardware or software or to obtain data without consent;
  2. Distribution of pirated material including, but not limited to, software, videos, music and written works;
  3. Distribution of obscene or illegal material including that which is pornographic, abusive, threatening, malicious, harassing, fraudulent, defamatory or that which encourages criminal activities;
  4. Distribution of material that harms or is likely to harm the reputation of persons or businesses and
  5. Hosting any form of proxy server, IP spoofing scripts, port scanners, spam scripts, IRC, site scraping, brute force scripts, shell scripts etc.
2. You may not use Your Client Website to link to any other websites or systems hosting any material described above in sub-Clause 7.1.
3. You undertake to monitor and supervise any and all third party activity on Your Client Website (including, but not limited to, the submission of material by users and the use of communication systems such as forums). Any third party activity that may fall within the provisions of sub-Clause 7.1 must be stopped or removed, as appropriate.
4. You undertake to ensure that any and all personal information collected through Your Client Website is gathered, processed and held in accordance with the relevant provisions of the Data Protection Act 1998.
5. You undertake to ensure that any and all e-commerce conducted through Your Client Website complies with all relevant laws in force at the relevant time including, but not limited to, the Distance Selling Regulations 2000 and the EU E-Commerce Directive 2000.
6. You shall be responsible for all activity relating to Your Client Website and any Service(s) carried out by third parties on Your behalf.
7. You must ensure that all 3rd party software installed on Your Client Webiste(s) and any addons to said software are the latest up to date version(s).
8. You are solely responsible for ensuring Your domain name registration(s) and subsequent renewals have taken place in time and without error. Any issues that result in additional registrar fees and/or loss of a domain registration to another party will be Your sole responsibility.
9. In regard to domain name registration You accept that, in order to register a domain name, Your personal information is sent to the relevant domain registry and will be publicly available to search via a "WHOIS lookup". This information may include, but is not limited to, name, address, contact number and email address.
10. The information described above in sub-Clause 7.9 may be protected from a public WHOIS lookup where applicable. This option will be offered to the client during the registration or transfer of a domain. You are solely responsible for ensuring that the domain name WHOIS protection (also called ID Protection) has been applied to the domain without error.
11. You must use reasonable endeavours to ensure that We are furnished with any information reasonably required to provide the Service in a timely manner.
Intellectual Property Rights
1. You shall not acquire any rights in or over any Intellectual Property Rights subsisting in any materials and/or property owned by Us or by any third parties (where, for example, We are using materials under licence). Any materials owned by Us used by You in the normal course of the Service are used under a non-exclusive licence only to the extent required in order for Us to provide the Service to You.
2. We shall not acquire any rights in or over any Intellectual Property Rights subsisting in any materials and/or property owned by You or by any third parties (where, for example, You are using materials under licence) including, but not limited to, Your Client Website. Any such rights are used under a non-exclusive licence only to the extent required in order for Us to provide the Service to You.
3. You hereby agree to fully indemnify Us against all costs, expenses, liabilities, losses, damages, claims and judgments that We may incur or be subject to as a result of the infringement of any Intellectual Property Rights arising out of Your failure to obtain the necessary rights and permissions from third parties with respect to any materials used by You as hosted by Us under the Contract.
Your Use of the Hosting Software and Licence
1. Your use of any and all Hosting Software that We may from time to time provide including, but not limited to, cPanel, Cloud Linux, KernelCare, is under a non-exclusive licence and may be used only in accordance with these Terms and Conditions and only for the duration of the Service. You shall not gain any form of ownership rights over any Hosting Software or the Intellectual Property Rights therein.
2. Where We provide access to third party software (which, for the purposes of these Terms and Conditions, falls within the definition of "Hosting Software") You agree to be bound by any licence agreements relating to such software upon Your first use of that software.
3. You may not under any circumstances:
  1. attempt to copy any Hosting Software;
  2. attempt to reverse-engineer, decompile, disassemble or in any other manner derive source code from any Hosting Software;
  3. write or otherwise create any derivative software that is based in whole or in part on any Hosting Software; or
  4. sell, lease, transfer, sub-licence, or in any other way treat any Hosting Software as Your property.
Limitation of Our Liability
1. Subject to the provisions of sub-Clause 3.4 and the remainder of this Clause 10, and to the fullest extent permitted by law, We shall not be liable to You or to any third party, whether in contract or tort (including negligence) for any loss or damage, direct or indirect, whether foreseeable or otherwise (including any indirect, consequential, special or exemplary damages) arising from:
  1. interruptions or downtime to the Service;
  2. any damage, loss or corruption of data (including, but not limited to, Your Client Website or any part thereof);
  3. any incompatibility, whether of the Hosting Software, Hosting Hardware or Your Client Website with any of Your own equipment (or that of any third party);
  4. any inability, on Your part, to use the Service (including, but not limited to, failure to follow reasonable instructions provided by Us);
  5. the loss of confidentiality caused by the storage of information on the internet (this does not refer to the mutual confidentiality obligations of the Parties under Clause 14);
  6. Any damage or loss resulting from the loss of data including the failure of a backup system to be able to restore the data.
2. Nothing in these Terms and Conditions shall exclude Our liability for death or personal injury resulting from Our negligence or that of Our employees or agents.
3. Nothing in these Terms and Conditions shall exclude Our liability for fraud or fraudulent misrepresentation.
4. Nothing in these Terms and Conditions excludes or restricts Our liability for any loss resulting from Our failure to use reasonable skill and care, from Our gross negligence, or from Our wilful misconduct.
Warranty Disclaimer
Subject to the provisions of these Terms and Conditions, We give no further warranty, express or implied, in connection with the Service as to fitness for purpose, quality, non-infringement or merchantability.
Your Indemnity
You shall fully indemnify Us against all costs, expenses, liabilities, losses, damages and judgments that We may incur or be subject to as a result of any of the following:
1. Your misuse of the Service;
2. Your breach of these Terms and Conditions;
3. Your negligence or other act of default;
4. The activities of third parties conducted on or through Your Client Website.
Data Protection
1. All personal information that We may collect (including, but not limited to, Your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and Your rights under that Act.
2. We may use Your personal information to:
  1. Provide the Service to You;
  2. Process payments made by You;
  3. Inform You of products and services available from Us. You may request that We stop sending You this information at any time;
  4. In certain circumstances, and with Your consent, We may pass Your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold Your personal information accordingly.
3. We will not pass Your personal information to any other third parties without first obtaining Your express permission to do so.
Confidentiality
1. Except as provided by sub-Clause 14.2 or as authorised in writing by the other Party, each Party shall, at all times during the continuance of the Contract and after its termination:
  1. keep confidential all Confidential Information;
  2. not disclose any Confidential Information to any other party;
  3. not use any Confidential Information for any purpose other than as contemplated by and subject to these Terms and Conditions;
  4. not make any copies of, record in any way or part with possession of any Confidential Information; and
  5. ensure that none of its directors, officers, employees, agents, sub-contractors or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-Clauses 14.1.1 to 14.1.4 above.
2. Either Party may:
  1. disclose any Confidential Information to:
    1. any sub-contractor or supplier of that Party;
    2. any governmental or other authority or regulatory body; or
    3. any employee or officer of that Party or of any of the aforementioned persons, parties or bodies;
  2. use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is at the date of Your acceptance of these Terms and Conditions, or at any time after that date becomes, public knowledge through no fault of that Party. In making such use or disclosure, that Party must not disclose any part of the Confidential Information which is not public knowledge.
3. The provisions of this Clause 14 shall continue in force in accordance with their terms, notwithstanding the termination of the Contract for any reason.
Force Majeure
1. Neither Party to the Contract will be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
Term and Termination
1. The initial period of Service provision shall commence on the date that Your Order is submitted and all Fees due under Clause 4 are paid. This period shall last for the duration specified in Your chosen Hosting Package, subject to any provisions in these Terms and Conditions to the contrary (including, but not limited to, this Clause 16).
2. Subsequent periods of Service provision shall last for the duration specified in Your chosen Hosting Package and shall follow on from a previous period, without interruption, subject to Your fulfilment of the payment obligations set out in Clause 4. All subsequent periods of Service provision shall remain subject to these Terms and Conditions unless expressly stated otherwise.
3. Either Party may immediately terminate the Contract by giving written notice to the other Party if:
  1. any sum owing to that Party by the other Party under these Terms and Conditions is not paid within 7 Business Days of the due date for payment;
  2. the other Party commits any other breach of any of these Terms and Conditions and, if the breach is capable of remedy, fails to remedy it within 7 Business Days after being given written notice giving full particulars of the breach and requiring it to be remedied;
  3. an encumbrancer takes possession, or where the other Party is a company, a receiver is appointed, of any of the property or assets of that other Party;
  4. the other Party makes any voluntary arrangement with its creditors or, being a company, becomes subject to an administration order (within the meaning of the Insolvency Act 1986);
  5. the other Party, being an individual or firm, has a bankruptcy order made against it or, being a company, goes into liquidation (except for the purposes of bona fide amalgamation or re-construction and in such a manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on that other Party under these Terms and Conditions);
  6. anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other Party;
  7. that other Party ceases, or threatens to cease, to carry on business; or
  8. control of that other Party is acquired by any person or connected persons not having control of that other Party on the date of the Contract. For the purposes of this Clause 16, "control" and "connected persons" shall have the meanings ascribed thereto by Sections 1124 and 1122 respectively of the Corporation Tax Act 2010.
4. For the purposes of sub-Clause 16.3.2, a breach shall be considered capable of remedy if the Party in breach can comply with the provision in question in all respects.
5. You shall have the additional right to request the early cancellation and termination of the Service and of the Contract (i.e. before a period of Service provision is complete) by written notice of 1 month. Such notice should include Your email address, hosting account and username. The following shall apply to such early termination:
  1. The issuing of refunds is at Our sole discretion.
  2. If You wish to terminate during the course of a period of Service provision, the Service shall end 1 month after We receive Your notice. Refunds shall be proportionate to the remainder of the period of Service provision active at the time. Refunds shall be issued within 30 days.
  3. If You send Us a termination notice under sub-Clause 16.5 in error or change Your mind, We must be informed of this within 14 days of that notice that You wish that Your Account be reinstated. Any notification outside of this period shall require a new Account to be set up and You shall be required to pay for a full period of Service provision, as specified in Your chosen Hosting Package. The reinstatement of Accounts requires the payment of a reactivation fee of £35 in addition to the repayment of any Fees that were refunded to You by Us when completing your early cancellation.
6. The rights to terminate the Agreement shall not prejudice any other right or remedy of either Party in respect of the breach concerned (if any) or any other breach.
Effects of Termination
Upon the termination of the Agreement for any reason:
1. We shall ensure the complete and secure removal of Your Client Website and all related material from the Hosting Hardware;
2. any sum owing by either Party to the other under these Terms and Conditions shall become immediately due and payable;
3. all Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Contract shall remain In full force and effect;
4. termination shall not affect or prejudice any right to damages or other remedy which the terminating Party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any Party may have in respect of any breach of these Terms and Conditions which exist at or before the date of termination;
5. subject as provided in this Clause 17 and except in respect of any accrued rights neither Party shall be under any further obligation to the other; and
6. each Party shall (except to the extent referred to in Clause 14) immediately cease to use, either directly or indirectly, any Confidential Information, and shall immediately return to the other Party any documents in its possession or control which contain or record any Confidential Information.
No Waiver
No failure or delay by either Party in exercising any of its rights under these Terms and Conditions shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of these Terms and Conditions shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
Set-Off
Neither Party shall be entitled to set-off any sums in any manner from payments due or sums received in respect of any claim under the Agreement or any other agreement at any time.
Assignment and Sub-Contracting
1. Subject to sub-Clause 20.2 The Contract shall be personal to the Parties. Neither Party may assign, mortgage, charge (otherwise than by floating charge) or sub-licence or otherwise delegate any of its rights thereunder, or sub-contract or otherwise delegate any of its obligations thereunder without the written consent of the other Party, such consent not to be unreasonably withheld.
2. We shall be entitled to perform any of the obligations undertaken by Us through any other member of Our group or through suitably qualified and skilled sub-contractors. Any act or omission of such other member or sub-contractor shall, for the purposes of these Terms and Conditions, be deemed to be Our act or omission.
Relationship of the Parties
Nothing in these Terms and Conditions shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in these Terms and Conditions.
Third Party Rights
1. No part of these Terms and Conditions is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply.
2. Subject to this Clause 22 the Contract shall continue and be binding on the transferee, successors and assigns of either Party as required.
Communications
1. All notices or communications shall be given to Us either by post to Our registered office at 46-48 Long St, Middleton, Manchester M24 6UQ, United Kingdom or by email to accounts@nerdle.uk. Such notice will be deemed received 3 Business Days after posting if sent by first class post, the day of sending if the email is received in full on a Business Day and on the next Business Day if the email is sent on a weekend or public holiday.
2. We may from time to time send You information about Our products and/or services. If You do not wish to receive such information, please reply to the email you received from us requesting to be unsubscribed.
Severance
In the event that one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
Law and Jurisdiction
1. The Agreement and these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
2. Any dispute, controversy, proceedings or claim between the Parties relating to the Agreement or these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

Terms and Conditions

Hosting

Services

Support

Legal