The below terms and conditions form the basis of your relationship with PHD INTERACTIVE. They supersede all communication between ourselves and you the client whether verbal or in writing.
1.1 In these terms & conditions, the following words and expressions shall have the following meanings: (i) The Agreement means this Agreement, and any annex relating to any specific service(s) between PHD INTERACTIVE and the Client; (ii) The Service(s) means domain services, website services and/or other services provided by PHD INTERACTIVE; (iii) PHD INTERACTIVE, we, our or us means PHD INTERACTIVE LTD, whose registered office is at Monomark House, 27 Old Gloucester Street, London WC1N 3XX, registered in England number 4402212; (iv) The Client, you, or your means you, the countersignatory to this Agreement; (v) Price List means our Price List for the time being in force and incorporating any changes in payments or services from time to time. Our current Price List is available on demand. (vi) Charges means without limitation the Service Charge and any other applicable Charges as outlined in our Price List. (vii) AUP means an Acceptable Use Policy according to clause 3.3.8. (ix) IPS TAG means an IPS TAG used by Domain Name authorities to identify the registration agent. (x) Domain Name means an internet domain name. (xi) Trial Period means a period of use of Services which may be offered and is without charge. (xii) Administration Tool means the proprietary facility provided by us for the updating of a website. (xiii) Template or Design Template means the creative website design provided as part of our website service excluding the content added by a client. (xiv) TLD means Top Level Domain referring to the .com, .org, .uk or other suffix of a Domain Name. (xv) SPAM means unsolicited commercial email sent without consent.
2.PAYMENT & TERM
2.1 Any Agreement shall commence on the date of our acceptance of the Service Agreement submitted by you, and shall be paid on a quarterly basis unless and until terminated by either party by providing 30 days written notice with no termination earlier than the end of the quarterly period.
2.2 All Charges are due in advance (whether disputed or not) and payable by standing order or direct debit from a UK bank account. We reserve the right to suspend your service in the event of non-payment for any overdue invoice.
2.2.1 If you pay by direct debit, we may at our discretion offer bonus features on top of the normal package of services selected
2.2.2 You must ensure that your direct debit or standing order remains active until this agreement is terminated. If You cancel Your standing order or direct debit prior to termination, We may disable any bonus features, and after a reasonable period of time may disable parts of Your Service.
2.2.3 If Our direct debit collections fail repeatedly due to insufficient funds in Your bank account, We may apply a reasonable administration charge
2.3 We will issue an Annual VAT Invoice on acceptance of the Agreement and on its anniversary which details the schedule of four quarterly payments. On termination of this agreement we will issue a credit note for any outstanding quarterly periods beyond the termination date.
2.3.1 If you are unable to unwilling to make payments from a UK bank account by quarterly direct debit or quarterly standing, or if you prefer an annual Agreement in order to take advantage of additional benefits we may offer, the only other payment option accepted is annual payment in advance. If this method is used, no credit is given on termination.
2.4 All Charges are exclusive of VAT and any other applicable purchase tax, import, and all other duties. Any failure by you 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.
2.5 In the event of a material breach as described above our normal terms for collection of payment apply. If a standing order or direct debit payment fails you agree to make the payment in full by an alternative method within 7 days. If payment is not made with in this seven day period, we retain the right to pursue payment through our normal processes and suspend your service.
2.6 You acknowledge responsibility for informing us of all billing address changes and any changes relating to your ability to be contacted.
3.PROVISION OF SERVICES
3.1.1 We will provide the Service to you in accordance with the provisions of this Agreement upon a Service Agreement having been duly signed by you and returned to us and subject to the further provisions of this Agreement.
3.1.2 We may in our absolute discretion accept your request by processing the request including the raising of an invoice for services.
3.1.3 We will endeavour to provide the Service in a timely manner but (in particular where we are dependent on another operator to provide the Service and/or due to technical reasons) cannot guarantee to do so, and we will have no liability for any failure to meet such date.
3.1.4 We possess the right to change service providers at any time without consulting you and you empower us to act as your agent and have full authority to select, change or remove sub agents when deemed necessary.
3.1.5 We do not provide a Service Level Agreement (SLA) unless where specified within these terms and condition for specialised services.
3.1.6 We shall provide the Service using all reasonable care and skill subject to payment by you of all amounts payable hereunder on the dates specified herein or on the Application.
3.1.7 You shall do all things and provide all such information as is reasonably required by us to provide the Services in accordance with these Terms and Conditions.
3.1.8 You acknowledge that in the event you fail to remit payment or fail to instruct us not to renew the Service, we reserve the right to renew the Domain Name or any associated Domain Names under our own IPS tag and reserve the right to change the Admin, Technical and Billing contacts to a PHD INTERACTIVE representative and that we will, at that point, become the rightful owner of the Domain Name.
3.2 DOMAIN SERVICES
3.2.1 We will automatically provide you at no charge with an internet address enabling full access to your website, but which is not an exclusive Domain Name.
3.2.2 On payment of the appropriate fee by you as specified in our Price List we shall apply for registration of the Domain Name requested by you on the Service Agreement.
3.2.3 The registration of the Domain Name shall, at all times, be subject to the terms and conditions from time to time in force of the relevant naming authority or registration agent which terms and conditions are hereby included into these Terms and Conditions. The terms and conditions of the naming authority can be viewed online at the following URL's:
184.108.40.206 For International TLD's (.com, .net, .org, etc.): http://www.enom.com/help/hostterms.asp
220.127.116.11 For UK TLD's (.co.uk, etc.): http://www.nic.uk/ref/terms.html
3.2.4 You acknowledge and recognise that the domain name system and the practice of registering and administering domain names are continuously evolving and that although we will attempt to inform you of any changes by the relevant naming authorities by posting of such change on our website http://www.phdinteractive.co.uk/terms.htm you acknowledge sole responsibility for your own awareness of and compliance with such terms and conditions.
3.2.5 You agree and acknowledge that we shall not be liable in any way for any acts, omissions, or errors of the naming authority or registration agent in relation to the registration (or non-registration, as the case may be) of the Domain Name.
3.2.6 Whilst we will use all reasonable endeavours to obtain the Domain Name for you, you acknowledge that we shall not be liable for such registration where the Domain Name is or becomes unavailable for any reason whatsoever.
3.2.7 In the event that the Domain Name requested by you is unavailable or becomes unavailable between our receipt of the Service Agreement for registration and the date the application is processed by the registration agent or naming authority, we will offer you an alternative Domain Name and upon your approval of such alternative Domain Name, we shall register that alternative Domain Name in accordance with the provisions of this Clause. For the avoidance of doubt, the unavailability of the Domain Name or any replacement domain name shall not affect the validity of the relevant Agreement or your obligation to pay the charges related to the Service Agreement.
3.2.8 We shall not be liable for any delay in activating the Domain Name nor for any cost incurred by you as a result of such delay and your obligation to pay the fees set out in the Service Agreement shall not be affected by any such delay.
3.2.9 At your request we shall host an Existing Domain Name owned by you (the "Existing Domain Name") always provided that you shall be solely responsible for the transfer of the Existing Domain Name to our server on or after the receipt of the Service Agreement and for any fees payable to any third party in relation to such transfer. In order to effect the transfer, you shall request your current ISP or any other relevant third party:
18.104.22.168 in the case of UK TLD's to modify the IPS Tag as required by us; and
22.214.171.124 in the case of international TLD's to provide the authorisation code and change WHOIS details as per our instructions.
3.2.10 Whilst we will use all reasonable endeavours to ensure that the Domain Name or Existing Domain Name is renewed at the relevant renewal date, you acknowledge that it is not possible for us to guarantee such renewal and that we shall not be liable for any failure to renew the Domain Name or the Existing Domain Name.
3.2.11 You warrant that the Domain Name does not infringe any intellectual property rights of any third party, including but not limited to trade marks registered or otherwise used by any third party.
3.2.12 You agree, as a condition of any Agreement, to be bound by the dispute policy used from time to time by the relevant naming authority and registration agent, which policy can be found in the terms referred to in Clause 3.2.3 above. The dispute policy governs any dispute between you and any party other than us over the registration and use of the domain name. You agree that in the event a domain name dispute arises with any third party, you shall indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy.
3.2.13 You acknowledge that we shall have the right to cancel, disconnect, or transfer the Domain Name at any time upon receipt of a court order or arbitration award requiring such cancellation, suspension, or transfer.
3.2.14 On termination of this Agreement, you may transfer the Domain Name or any Existing Domain Name to any third party server subject to completion by you of a transfer form and payment by you of the transfer fee set out in the Price List in force at the time of termination.
3.2.15 We shall not be liable for any delay in such transfer and your obligation to pay the fees set out in any Service Agreement shall not be affected by any such delay.
3.2.16 We reserve the right not to release the Domain Name or the Existing Domain Name to another ISP if you, at the time of termination, are in breach of any of your obligations including payment of any outstanding fees relating to the Domain Name in question.
3.3 WEBSITE SERVICES
3.3.1 Upon payment of the appropriate fee, we shall allocate space on our website server for your website
3.3.2 We shall assist you with the construction of a skeleton website including the initial creation of:
(ii) about Us page;
(iii) contact Us page
3.3.3 At our absolute discretion we may provide additional assistance however this skeleton website represents the full extent of our obligations in the creation of your website;
3.3.4 Any updates to the website shall be made by you using the website administration tool provided by us.
3.3.5 You acknowledge that our website service does not include open access to webspace but is limited to the design and editing facilities provided by the administration tool and that by accepting this agreement you accept the limitations of that tool.
3.3.6 We may at our discretion provide services during a Trial Period which is offered without charge. During this period we accept no responsibility to provide services and no liability for any services not provided. On expiry of the trial period we reserve the right to suspend or terminate any services active at the time unless and until acceptance of a Service Agreement by us.
3.3.7 The website is designed to display a resolution of 800 x 600 pixels and is best viewed in Microsoft Internet Explorer and we do not accept responsibility for any website that does not display correctly outside of these parameters
3.3.8 You agree to comply with this Acceptable Use Policy ("AUP") as part of any agreement with us. We may terminate your account should you fail to comply with this policy. This policy has been written on a common sense basis and has been designed to protect the interests of those companies and individuals who wish to benefit from what the Internet has to offer and:
126.96.36.199 you will be issued with a password in order to administer your website. You must take all reasonable steps to maintain the confidentiality of this password. If you reasonably believe that this information has become known to any unauthorised person, you agree to immediately inform us and the password will be changed; and
188.8.131.52 you are responsible for all use and content of your website. We reserve the right to investigate suspected violations of the AUP. When we becomes aware of possible violations, an investigation may be initiated, which may include gathering information from you and the complaining party, if any, and examination of material on your website. Much of the AUP reflects acts that may constitute breaches of legislation or regulations and may in some cases carry criminal liability; and
184.108.40.206 you may not use World Wide Web pages within or outside our system to violate any part of our AUP, or to attempt to disrupt the content and sites or Internet experiences of other users; and
220.127.116.11 you will not resell the website in whole or in part without our consent; and
18.104.22.168 you will not allow any content to be published on the website which:
(i) is for improper, immoral, fraudulent or unlawful purposes; or
(ii) is offensive, obscene, pornographic, sexually explicit, defamatory, menacing or which may (in our judgement) cause annoyance or anxiety to any person or bring us or the Service into disrepute; or
(iii) is of an illegal nature (including stolen copyrighted material and pirated software); or
(v) is in breach of the laws of England and Wales or the country of your establishment or any end-user of the website, or any international conventions, codes or regulations applicable to the Internet; or
(vi) promotes violence, sadism, cruelty or incites racial hatred; or
(vii) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and
22.214.171.124.1 you will not send spam email to promote your website (this risks an adverse effect on all our other client's websites); and
126.96.36.199 you acknowledge that questionable content according to the above criteria will be decided upon by us; and
188.8.131.52 if you are in breach of this policy we will temporarily suspend your website and contact you to give you the opportunity to remove the content in question before having services reinstated. You accept that repeated infractions may cause the termination of service without refund of any fees; and
184.108.40.206 we reserve the right to remove any web page (in whole or in part) on our servers, at any time and for any breach of this policy. We will not accept any responsibility occasioned for any loss caused as a result of such removal; and
220.127.116.11 we reserve the right to amend, alter or modify this policy at any time and in any manner. We may notify you by e-mail of this, but you agree to review the policy regularly and your continued use of the Service two weeks after any change will constitute acceptance of the change.
3.3.9 We reserve the right to refuse service to anyone for any reason. We enforce this policy to ensure a professional environment for the users of our system.
3.3.10 You acknowledge that we do not give you a guarantee of placement on any internet search engine, although we will endeavour to achieve a high placement of your website on the most popular search engines.
3.4 SUPPORT SERVICES
3.4.1 Upon payment of the appropriate fee, we shall provide you with support services through but not limited to the following on-line communication channels: (i) e-mail; (ii) on-line enquiry form; (iii) fax.
3.4.2 You acknowledge that we are not obliged to offer telephone, face-to-face or postal support as part of your agreement.
3.4.3 Our on-line support is monitored between the hours of 9:00 and 17:00 Monday to Friday and we will endeavour to respond to any query within 2 business days
3.4.4 Whilst we shall use reasonable endeavours to ensure that backup copies of your website and all your data contained in the website are made at reasonable intervals, you shall be solely responsible for the backup of such data and we shall not be liable for any damages, loss, costs or other expenses arising out of or in connection with any loss of data by you which are due to the failure of you or us to back up such data.
4.1 This Agreement may be terminated by either party by providing 30 days written notice with no termination earlier than the end of the quarterly period.
4.2 Either party may terminate this Agreement or the Service provided under it forthwith by notice to the other if:
4.2.1 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 a reasonable time of being given written notice from the other party to do so; or
4.2.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
4.2.3 the other fails to pay any Charges when due; or
4.2.4 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court makes an order to that effect; or
4.2.5 the other party ceases to carry on its business or substantially the whole of its business; or
4.2.6 the other party 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, administrator, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
4.3 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights.
4.4 On termination of this Agreement for any reason:
4.4.1 We may delete all websites, and other data stored on the Service by you and re-use the domain names not held by you and subject to Clause 4.4.2. We shall not exercise this right for six weeks in the case of termination by us other than for breach by you; and
4.4.2 We shall transfer any domain names held by you to another ISP at a charge as specified in our Price List, notwithstanding clause 4.5
4.5 You acknowledge that any breach of the terms and conditions applied by the relevant Domain Name authority or registration agent in accordance with clause 3.2.3 may result in suspension or cancellation of your domain name outside of our control.
4.6 For the avoidance of doubt, this service is not provided on a month by month basis, but is provided on a Quarter by Quarter basis (or Annual basis if the agreement is Annual). On termination, we do not make pro-rata refunds for partly used quarters (or years if the Agreement is annual).
5.SUSPENSION OF SERVICES
5.1 We may disconnect the provision of Service without liability on our part, and with as much prior notice as reasonably possible (except in the case of paragraph (i) below in which case we may do so without prior notice:)
(i) if necessary for operational reasons or upgrading the Service or our System; or
(ii) if obliged to comply with an order, instruction, or request of an emergency service organisation or a governmental or other competent authority.
6.WARRANTS & CONSENTS
6.1 You warrant, represent, and covenant to us that: (a) you are at least eighteen (18) years of age; and (b) you possess the legal right and ability to enter into this Agreement
6.2 You represent and warrant that all information provided in connection with this agreement is accurate
6.3 The parties acknowledge and agree that you shall have full editorial control over the contents of the website and that you will comply with the AUP.
6.4 You represent and warrant that you will:
6.4.1 not attempt to gain unauthorised access to any part or component of the Service; and
6.4.2 comply with all applicable legal and regulatory requirements and any applicable licence; and
6.4.3 not use the Service in a way which could cause it to be interrupted, damaged or otherwise impaired or which violates our rights (including intellectual property rights) or those of any third party (including copyright, confidence, privacy or other rights); and
6.4.4 comply with all reasonable instructions we give you relating to the use of our System; and
6.4.5 pay the applicable Charges as set out in the Service Agreement and comply with any additional obligations specified in the Service Agreement.
6.5 Whilst we shall use all reasonable endeavours to ensure that the Services can be accessed by users of the Internet at all times, you acknowledge that it is technically impossible to provide such access free of fault at all times and we do not undertake to do so. We will always try to repair reported faults and/or restore the Service as soon as reasonably practical. We expressly reserve the right to suspend availability of the website for the purpose of necessary or scheduled maintenance. Access to the website may also be adversely affected by conditions and performances outside our control, including without limitation the breakdown of transmission and telecommunication links.
6.6 You acknowledge that we shall in no way be held liable for any service outage or disruption that occurs as a result of any of our suppliers’ failure to provide a service. For clarification, if any of our suppliers enters administration, liquidation, is wound up or for any reason fails to provide a service to us that impacts you, we shall not be held liable. In the event we select an alternative supplier in order to restore the service to you, you acknowledge that any increase in the costs to us as a result of the supplier change will be passed on to you.
6.7 No other warranties or representations, expressed or implied, are given by either party under this Agreement and any implied warranties are expressly excluded.
6.8 You shall indemnify and keep us indemnified against all proceedings, losses, liabilities, damages (including legal costs), Charges and expenses of whatsoever nature arising out of or in connection with any action or claim that the content of the website violates the provisions noted above.
7.INTELLECTUAL PROPERTY RIGHTS
7.1 You agree and acknowledge that the copyright and any other intellectual property rights in the Administration Tool and website Design Template shall be owned by us and/or our suppliers except that the intellectual property rights in any material proprietary to you or any third party (the "Content") which has been incorporated into the website by you shall be owned by you or the relevant third party respectively.
7.2 You warrant that you have obtained for yourself and for us all necessary consents, approvals and licences for use of the Content in the website.
7.3 In the event that the use of the Content infringes the intellectual property rights of any third party, you will immediately replace the infringing part at your own expense with non-infringing material.
7.4 You hereby grant us a non-exclusive, worldwide, and royalty-free license for the duration of the agreement to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your content only as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant us license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
8.LIMITATION OF LIABILITY
8.1 We shall not be liable to you nor to any third party under this Agreement in contract, tort or otherwise for any direct or indirect loss of profit, anticipated savings, business, contracts, revenue, time, goodwill or loss of or harm to data or other content or for any other indirect or consequential loss.
8.2 We shall not, under any circumstances, be liable or responsible for any errors, omissions or other actions by the Domain Name registry administrator arising out of or related to your application, receipt of, or failure to receive a domain name registration.
8.3 All conditions and warranties which may be implied by law into any Contract with you are excluded to the fullest extent possible.
8.4 Nothing in this Agreement shall restrict or exclude either party's liability for fraud, death or personal injury.
8.5 You shall not be entitled to any liquidated compensation or refund payments for unavailability of or interruptions to the Service.
8.6 We shall not be liable in respect of any goods or services purchased or obtained or any transactions entered into by you through the Service with third parties. Further we shall have no liability to you in respect of any third party Internet criminal activity (including without limitation as a result of computer 'hackers') or in respect of billing, payment, or other information that passes between us over the Internet in relation to the provision of the Service.
8.7 You acknowledge that we shall not be liable to you in respect of any loss or damage arising from your use of or reliance upon any advice or information provided by us.
8.8 Subject to the other provisions of this Clause, any liability we may have to you in contract, tort, or otherwise in connection with the supply or non-supply of the Services and this Agreement shall be limited in each calendar year to damages equal to the Charges paid by you in that calendar year.
9.1 You hereby release and hold harmless, and agree to indemnify us, our affiliates and suppliers (and their respective employees, directors and representatives) against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by us or our suppliers, arising out of or relating to:
(a) your violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline (including but not limited to any act or omission by you, your employees, agents and representatives which infringes any copyright, trademark or other intellectual property rights of any third party) ; and
(b) your improper or illegal use the Services; and
(c) your violation, alleged violation, or misappropriation of any intellectual property right (including, without limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including, without limitation, defamation, libel, violation of privacy or publicity).
10.1 You authorise us to provide any information to our domain name registration agents, registry administrators, direct debit bureaus and to other third parties as required or permitted for the purposes of registration of your domain name or collection of direct debit payments.
10.2 Subject to and in accordance with relevant data protection legislation, you hereby consent to allow us to collect data regarding your use of the Services and to provide such data to any governmental or regulatory body for the purpose of our compliance with any applicable laws and regulations.
10.3 Each party shall for the duration of any Agreement governed by these Terms and Conditions comply with the provisions of the Data Protection Act 1998, (including the data protection principles set out in that Act) and any similar or analogous laws, regulatory requirements or codes of practice governing the use, storage or transmission of personal data and shall not permit anything to be done which might cause or otherwise result in a breach by either party of the same.
10.4 We possess the right to communicate with you regularly via, but not limited to, electronic means.
10.5 We may, free of any obligation to pay compensation, use your name and identify you as a client, in advertising, publicity, or similar materials distributed or displayed to prospective clients.
10.6 We may provide personal data to governmental or law enforcement agencies at their written request in connection with conducting of any investigation of criminal activities. We will provide your personal data to third parties only if required to do so by a court order.
10.7 You may write to us to request a copy of the personal data held by us about you. We may charge a reasonable fee for the provision of such data. As required by the Data Protection Act 1998, we will adopt appropriate security procedures in relation to the storage and disclosure of information provided by you in order to prevent unauthorised access. Our security procedures mean that we may occasionally request proof of your identity before we are able to disclose personal information to you. Other than the uses identified above, we will not disclose your personal information to others.
11.1 We shall not be responsible for any failure to provide any service or perform any obligation because of any act of God, strike, work stoppage, governmental acts or directives, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond our reasonable control.
11.2 If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.
11.3 Our failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provisions hereunder or thereunder.
11.4 The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.
11.5 All provisions of this Agreement, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration hereof and thereof.
11.6 We may assign or otherwise transfer this Agreement at any time. You may not assign or otherwise transfer this Agreement or any part of it without our written consent.
11.7 The construction, validity, and performance of these Terms and Conditions shall be governed by English law, and the parties submit to the exclusive jurisdiction of the English courts to resolve any dispute between them.
11.8 Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
11.9 If any party consists of more than one entity, their obligations here under are joint and several.
11.10 This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.
11.11 Except as expressly stated herein to the contrary, all notices and other communications required or permitted to be given under these Terms and Conditions shall be in writing and shall be delivered or transmitted to the intended recipient's address as specified above or such other address as either party may notify to the other for this purpose from time to time. Any notice shall be treated as having been served on delivery if delivered by hand, two working days after posting if sent by pre-paid registered mail, on delivery if sent by courier and on confirmation of transmission if sent by facsimile. For the avoidance of doubt, notice under these Terms and Conditions shall not be validly served if sent by E-mail, unless we have acknowledged receipt. This clause does not affect your responsibility to regularly review our website for any alterations/amendments to the terms and conditions which would be binding on you
11.12 Except as explicitly stated in this Agreement, the terms of the Agreement may only be changed or modified by us on behalf of both parties. We may change the technical specification of the Service at any time, provided this does not detrimentally affect its performance.
11.13 You accept the obligation to review these terms and conditions every two weeks and, unless we are informed in writing otherwise, you accept that as part of the Agreement, the revised terms and conditions will indeed supersede, in whole or in part thereof, the previous terms and conditions. Our current terms and conditions can be found on our website at http://www.phdinteractive.co.uk/terms.htm
11.14 We may amend this Agreement at any time, with immediate effect, in order to comply with any law or regulation of any Governmental or regulatory body.
11.15 This Agreement and all policies and guidelines incorporated herein by reference, constitute the entire agreement between you and us with respect to the subject matter hereof and there are no representations, understandings or agreements which are not fully expressed in this Agreement and the related policies and guidelines.