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Oil and Gas Insider Terms

1. BACKGROUND

  1. The Company has created an e-newsletter called “Oil & Gas Insider”
  2. The Subscriber has agreed to purchase an annual subscription to “Oil & Gas Insider”, and the terms and conditions on which the Subscriber may use the content of “Oil & Gas Insider” are set out in this Agreement.

2. DEFINITIONS

2.1 In this Agreement the following words and expressions shall have the following meanings:

  1. “Anti-Bribery Laws” the UK Bribery Act 2010 and any legislation or statutory instrument passed under that Act, and any amendment or replacement of that Act;
  2. Business Days” any day that is not a Saturday or Sunday or a public holiday in England;
  3. “Commencement Date” the date that the Subscriber pays the first Subscription Fee online and signs up to receive the Digital Content following the end of the Free Trial;
  4. “Company” Advanced Media Solutions Limited of Geneva Place Waterfront Drive, P.O. Box 3469, Road Town, Tortola, British Virgin Islands and registered with company number 1664718;
  5. “Digital Content” the e-newsletter, currently called “Oil & Gas Insider”, created by the Company and the contents therein;
  6. “Free Trial” means a seven day free trial of the Digital Content for the Subscriber before payment of the Subscription Fee;
  7. “Force Majeure Event” means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including but not limited to computer or internet or telecommunications breakdowns or service disruptions, strikes or other industrial disputes, labour difficulties, failure of power supply, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, armed conflict, malicious damage, breakdown of machinery, explosions, collapse of building structures, fires, floods, earthquakes, epidemics, natural disasters or extreme adverse weather conditions.
  8. “Initial Term” the first 12 months of this Agreement from the Commencement Date;
  9. “Intellectual Property Rights” is defined in Clause 8.1;
  10. “Subscriber” the party who has subscribed to receive the Digital Content;
  11. “Subscription Fee” the annual fee payable by the Subscriber to the Company for the Digital Content;
  12. “Subsequent Term” each subsequent renewal period of 12 months following the expiry of the Initial Term;
  13. “Term” the Initial Term and the Subsequent Term;
  14. In this Agreement:
  15. a reference to this Agreement includes its schedules, appendices and annexes (if any);
  16. the background section and any clause, schedule or other headings in this Agreement are included for convenience only and shall have no effect on the interpretation of this Agreement;
  17. a reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns;
  18. a reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns
  19. a reference to a ‘company’ includes any company, corporation or other body corporate, wherever and however incorporated or established;
  20. a reference to a gender includes each other gender;
  21. words in the singular include the plural and vice versa;
  22. any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;
  23. a reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible and non-transitory form;
  24. a reference to legislation is a reference to that legislation that is in force at the date of this Agreement and as amended, extended, re-enacted or consolidated from time to time;
  25. a reference to legislation includes all subordinate legislation made from time to time under that legislation; and
  26. a reference to any English action, remedy, method of judicial proceeding, court, official, legal document, legal status, legal doctrine, legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to that which most nearly approximates to the English equivalent in that jurisdiction.

3. KEY INFORMATION

3.1 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that the Company must give a consumer, who meets the criteria as set out in the Consumer Rights Act 2015, certain key information before a legally binding contract is made.

3.2 To view this key information, please contact the company using the contact details found on the Company’s website and a copy will be emailed to the Consumer. The key information given by law forms part of this Agreement (as though it is set out in full here).

3.3 Any variation to the key information, once a legally binding contract between the Subscriber and the Company is made, can only be made if the Subscriber agrees to it.

4. GRANT OF LICENCE

In consideration of the payment by the Subscriber of the Subscription Fee and also during the Free Trial, the Company hereby grants to the Subscriber a personal, non-exclusive and non-transferable (except as expressly permitted under this Agreement) licence to access and use the Digital Content during the term of this Agreement solely for the Subscriber’s own personal use subject to the terms and conditions set out in this Agreement.

5. USE

5.1 The Subscriber acknowledges that it is licenced to use the Digital Content only in accordance with the express terms of this Agreement.

5.2 The Subscriber:

  1. shall only use the Digital Content for their own personal use;
  2. shall not copy, alter, edit or plagiarise any of the Digital Content;
  3. may occasionally distribute a copy of part of the material contained within the Digital Content to no more than 5 individuals per calendar month, provided that copyright, all other proprietary rights notices and the Oil & Gas website address are included;
  4. shall not forward the email containing the link to Digital Content to any other email address or give login details to access to the Subscriber’s area of the Company’s website to anyone else;
  5. shall not use any of the Digital Content in any newsletter or other publication of the Subscriber, including on the Subscriber’s intranet;
  6. shall not publically display any of the Digital Content;
  7. shall not store any of the Digital Content on any electronic shared hard drive or database; and
  8. shall not allow the Digital Content to be used in connection with any applications relating to data mining, trend analysis, algorithmic trading or that display or store any of the Digital Content.

5.3 If the Subscriber wishes to use the Digital Content in a way which would breach Clause 5.2 the prior express written consent of the Company is required.

5.4 The Digital Content may be accessed by the Subscriber via the Subscriber’s area of the Company’s website and/or by the link in the email sent from the Company to the email address specified by the Subscriber at the start of the Free Trial, at the Commencement Date, or as updated in writing to the Company from time to time.

5.5 Each Subscriber is authorised to access the Digital Content on an individual basis. Only one email address and password can be created per Subscriber account, and no generic email address which may have multiple users is permitted.

5.6 The Subscriber is responsible and liable for the confidentiality and use of the Subscriber email address, password and any other log-in information for the Subscriber’s area of the Company’s website. The Subscriber must immediately notify the Company if it becomes aware of any loss or theft of the log-in information.

5.7 The Subscriber is responsible for ensuring the required connections, hardware, software or other technology of the subscriber is adequate to receive the digital content from the Subscriber.

5.8 Any third party content within the Digital Content is subject to the continuing consent of said third party and may be withdrawn at any time.

5.9 The Company reserves the right to amend, discontinue, replace or merge any of the Digital Content at any time. In the event that the Company does not replace such removed content within a reasonable time and a substantial amount of the Digital Content is removed so that the service is dramatically altered the subscriber may, at the sole discretion of the Company acting reasonably, be entitled to a prorated refund of the Subscription Fee for such a period that the removed content is not available.

5.10 Notwithstanding Clause 5.9, the Company will provide 51 issues of new Digital Content in each calendar year. The Company provides no guarantee that the Digital Content will be issued on a weekly basis

6. FREE TRIAL

6.1 The Subscriber will be granted a Free Trial which will be subject to these Terms & Conditions, except as otherwise stated

6.2 Once the Free Trial has ended the Subscriber will automatically be upgraded to the full subscription plan and payment of the Subscription Fee will be taken using the payment details given by the Subscriber when signing up to the Free Trial..

6.3 If the Subscriber does not wish to continue to receive the Digital Content following the end of the Free Trial the Subscriber must notify the Company by email to the address given by the Company at the start of the Free Trial before last day of the Free Trial. An acknowledgement email will then be sent to the Subscriber confirming the end of the Free Trial and that no Subscription Fee has been taken.

7. FEES AND PAYMENT

7.1 The Subscription Fee shall be paid to A Media Solutions Limited (company number 08196418), the UK arm of the Company, which processes payments on behalf of the Company.

7.2 The Subscriber shall pay the Company the Subscription Fee on the Commencement Date and then on each anniversary for each Subsequent Term thereafter.

7.3 The Subscription Fee for the Digital Content is stated on the website at the ordering page and may be updated from time to time by the Company.

7.4 Payment must be made online using an accepted credit card or paypal. The payments details given at the start of the Free Trial will be used to process payment of the Subscription Fee on the Commencement Date. Payment details may be updated at any time by the Subscriber online.

7.5 The Subscriber authorises the Company to charge the Subscriber’s credit card or paypal account to pay for the Digital Content and this authorisation will remain in effect until revoked by the Subscriber by submitting a notice of revocation of credit card authorisation to the Company or on termination of this Agreement.

7.6 The Company will do all that it reasonably can to ensure that all of the information provided when paying for the Digital Content is secure by using an encrypted secure payment mechanism.

7.7 The Subscriber warrants and represents that it is the owner, holder and authorised user of the credit card or paypal account used to pay the Subscription Fee.

7.8 The Subscription Fee is non refundable, except as set out in Clause 18.

7.9 The Subscriber will pay the Company or the relevant taxing authority, as appropriate, any applicable value added, sales, goods and services or other taxes payable under this Agreement, as well as any fees that may be due in respect of this Agreement.

7.10 All amounts payable to the Company under this Agreement shall be paid in full and without set-off, deduction or counterclaim.

7.11 The Subscriber agrees to pay all costs (including legal fees and expenses) in connection with the collection of any unpaid fees due in connection with this Agreement.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Intellectual property rights means any and all works, publications, copyright, rights in inventions, patents, know-how, trade secrets, trade marks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, semiconductor chip topography rights, utility models, domain names and all similar rights and, in each case:

  1. whether registered or not;
  2. including any applications to protect or register such rights;
  3. including all renewals and extensions of such rights or applications;
  4. whether vested, contingent or future; and
  5. wherever existing.

(“Intellectual Property Rights”)

8.2 The Subscriber acknowledges that the Company is the sole owner of the Intellectual Property Rights in connection with the Digital Content provided by the Company to the Subscriber by the licence granted by this Agreement.

8.3 All Intellectual Property Rights used or created in connection with the Digital Content shall remain the property of the Company and is protected by copyright and any other applicable laws.

8.4 The Subscriber shall take all such steps as may be necessary to prevent unauthorised use of the Intellectual Property Rights.

8.5 If the Subscriber becomes aware that:

  1. a third party may be infringing any Intellectual Property Rights;
  2. proceedings have been commenced or threatened by any third party in which the validity or use of the Intellectual Property Rights is challenged; or
  3. unauthorised use of the Digital Content has or is taking place;
  4. the Subscriber shall immediately notify the Company in writing  and shall take all such steps as may be necessary to prevent the recurrence of any unauthorised use.

8.6 The acknowledgement and obligations set out in Clause 8 shall remain in full force and effect notwithstanding any termination of this Agreement.

9. WARRANTIES

9.1 Each party warrants to the other that it has the legal right and full power and authority to enter into, to exercise its rights and to perform its obligations under this Agreement.

9.2 The Company warrants that it is the owner of the Intellectual Property Rights in respect of the Digital Content.

10. DISCLAIMER

10.1 The Company does not make any representations or give any assurances or warranties as to the safety, reliability or any other attribute of the attachments, files, images, hyperlinks or the like contained within the Digital Content. The Company does not give any warranties that it will be free from viruses, malware or other computer contaminant. By accessing or otherwise making use of the Digital Content, the Subscriber acknowledges and agrees: they do so voluntarily at their own risk; doing so may cause damage and loss; they do not have permission to do so unless they are the intended recipient; and it is the Subscriber’s sole responsibility to take necessary precautions to protect the computer hardware and software they are using from damage and loss.

10.2 No part of the services provided by the Company in accordance with this Agreement or material contained within the Digital Content constitutes any form of investment advice (or other advice), recommendation or endorsement and should not be relied upon by anyone in connection with any investment decisions.

10.3 No part of the services provided by the Company in accordance with this Agreement or material contained within the Digital Content constitutes an offer or solicitation by the Company or any of its partners or affiliates to buy or sell any options, futures, shares or securities of any kind.

10.4 Information contained in the Digital Content, including pricing, valuation, and commentary on specific products, if any, reflects the authors’ analysis and other information available as of the publication date indicated.  Furthermore, any news, opinions, commentaries, opinions, data, pricing, links to third party websites, and all other information contained on the Oilprice.com website are believed at the time of publishing to be reliable, but the Company cannot and does not guarantee its accuracy, timeliness, or completeness.

10.5 The Company (including its directors, officers and employees) accepts no responsibility or liability for any loss or damage that the Subscriber incurs in respect of the content in any website that the Digital Content contains a link to. The inclusion of any link does not imply endorsement by the Company.

11. PRIVACY AND PERSONAL INFORMATION

11.1 Any personal data that the Subscriber has provided to the Company will be dealt with in line with the Company’s Privacy Policy, which explains what personal information is collected, how and why it is collected, stored, used, shared, individual’s rights in relation to personal information and how to contact the Company and supervisory authorities in the event of a query or complaint about the use of personal information.

11.2 Our Privacy Policy is available at www.oilprice.com/privacy-policy

12. LIMITATION OF LIABILITY

12.1 The extent of the parties’ liability under or in connection with this Agreement (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 10.

12.2 Subject to Clause 12.6, the Company’s total liability shall not exceed the aggregate amount paid by the Subscriber under this Agreement in the 12 months immediately preceding the event giving rise to a claim.

12.3 Subject to Clauses 12.6, neither party shall be liable for consequential, indirect or special losses.

12.4 Subject to Clauses 12.6, neither party shall be liable for any of the following (whether direct or indirect):

  1. loss of profit;
  2. loss of data;
  3. loss of use;
  4. loss of production;
  5. loss of contract;
  6. loss of opportunity;
  7. loss of savings, discount or rebate (whether actual or anticipated);
  8. harm to reputation or loss of goodwill.

12.5 Except as expressly stated in this Agreement, and subject to clause 12.6, all warranties and conditions whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.

12.6 Notwithstanding any other provision of this Agreement, the liability of the parties shall not be limited in any way in respect of the following:

  1. death or personal injury caused by negligence;
  2. fraud or fraudulent misrepresentation;
  3. any other losses which cannot be excluded or limited by applicable law; and
  4. any losses caused by wilful misconduct.

13. VERFIFICATION AND INSPECTION

13.1 For the purpose of verifying compliance with this Agreement the Subscriber shall make available to the Company during normal business hours and on reasonable notice, such information as reasonably necessary to enable the Company to verify that the Subscriber is complying with its obligations under this Agreement.

13.2 The Company reserves the right to use email tracking technology within the Digital Content provided to the Subscriber, and the Subscriber hereby consents to the Company’s use of email tracking technology, or any other lawful means of tracking now or in the future, for the sole purpose of ensuring compliance with this Agreement (in particular Clause 5 and Clause 8).

14. CONFIDENTIALITY

14.1 In this Agreement, confidential information means all information of a confidential nature disclosed in whatever form by a party (“Discloser”) or its employees, officers, advisers, agents or other representatives (“Representatives”) directly or indirectly to the other party (“Recipient”) or its Representatives and includes:

  1. all know-how, trade secrets, financial, commercial, technical, tactical or strategic information of any kind;
  2. all information produced or developed in the performance of this Agreement;
  3. all information agreed to be, or marked as, confidential; and
  4. any information the Recipient knows, or could reasonably be expected to know, is confidential.

(“Confidential Information”)

14.2 Confidential Information shall not include any information that:

  1. was known to the Recipient before that information was imparted by the Discloser;
  2. is in or subsequently comes into the public domain (through no fault of the Recipient);
  3. is received by the Recipient without restriction on disclosure or use from a third party lawfully entitled to disclose to the Recipient without such restrictions;
  4. is developed by any of the Recipient’s Representatives who have not had any access to, or use or knowledge of, that information imparted by the Discloser; and
  5. the parties agree is not confidential.

14.3 The Recipient shall:

  1. keep the Confidential Information confidential at all times;
  2. not disclose the Confidential Information or allow it to be disclosed in whole or in part to any third party without the Discloser’s prior written consent;
  3. take proper and all reasonable measures to ensure the confidentiality of the Confidential Information; and
  4. not use the Confidential Information in whole or in part for any purpose except for  the performance of its obligations and exercise of its rights under this Agreement.

14.4 A party may disclose the other party's Confidential Information to any of its Representatives who need to know the relevant Confidential Information in connection with this Agreement, provided that such party shall ensure that each of its Representatives to whom Confidential Information is disclosed is aware of its confidential nature and complies with this Clause 14 as if it were the Recipient.

14.5 If the Recipient is required to disclose any Confidential Information by law, any court, any governmental, regulatory or supervisory authority (including any regulated investment exchange) or any other authority of competent jurisdiction, it shall:

  1. notify the Discloser as soon as reasonably practicable upon becoming aware of such requirement to the extent it is permitted to do so by law, by the court or by the authority requiring disclosure;
  2. make the disclosure after consultation with the Discloser so far as is reasonably practicable; and
  3. make the disclosure after taking into account all reasonable requirements of the Discloser as to the contents of the disclosure, so far as is reasonably practicable.

14.6 On termination of this Agreement either party may reasonably request the return or destruction of their Confidential Information.

14.7 Each party shall give notice to the other party of any breach of this Clause 14, immediately upon becoming aware of the breach.

14.8 Subject to clause 14.9, the provisions of this Clause 14 shall continue to apply to any Confidential Information in the possession or control of a party or any of its Representatives following termination of this Agreement for any reason (whether such Confidential Information is retained in accordance with this Agreement or otherwise).

14.9 This Clause 14 shall bind the parties during the term of this Agreement and for a period of six years following termination of this Agreement.

14.10 Each party retains all rights in its Confidential Information and each party acknowledges and confirms that no rights or obligations in respect of the Confidential Information other than those expressly set out in this Clause 14 are granted to the other party or are implied under this Agreement.

15. DATA PROTECTION

The parties hereby warrant to each other that they will at all times comply with the requirements of the General Data Protection Regulation ((EU) 2016/679) and any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 or 2018 or any successor legislation, in connection with their performance of respective obligations under this Agreement.

16. INJUNCTIVE RELIEF

The Subscriber acknowledges that compensatory damages are not an adequate remedy for an ongoing breach of this Agreement, the Company is therefore entitled, in addition to any rights available under this Agreement, to apply for immediate injunctive relief.

17. ANTI-BRIBERY

17.1 Each party shall comply with the Anti-Bribery Laws, Including ensuring that it has in place adequate procedures to ensure compliance with the Anti-Bribery Laws, and each shall ensure that:

  1. all of that party’s personnel; and
  2. all others associated with that party;
  3. involved in performing this Agreement so comply. The expressions 'adequate procedures' and 'associated' shall be construed in accordance with the Bribery Act 2010 and documents published under it.

17.2 Without limitation to the above sub-clause, neither party shall make or receive any bribe (as defined in the Bribery Act 2010) or other improper payment, or allow any bribe or improper payment to be made or received on its behalf, either in the United Kingdom or elsewhere, and shall implement and maintain adequate procedures to ensure that bribes or improper payments are not made or received directly or indirectly on its behalf.

18. TERM AND TERMINATION

18.1 This Agreement shall commence on the first day of the Free Trial and, if not terminated after the end of the Free Trial, shall continue from the Commencement Date for the Initial Term and thereafter for each Subsequent Term as applicable until terminated in accordance with this Clause 18.

18.2 This Agreement may be terminated:

  1. by the Subscriber at the end of the Free Trial, in accordance with Clause 6.3;
  2. by a Subscriber, who fulfils the criteria to be a consumer under the Consumer Rights Act 2015 and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, within 14 days of the Commencement Date provided that the Subscriber has not accessed the Digital Content;
  3. by the Company if the Subscriber does not pay any undisputed fees which are due and have been outstanding for 21 days following receipt of a reminder notice from the Company;
  4. by the Company at any time; or
  5. by either party at any time, after 11 months of the Initial Term have passed since the Commencement Date, by giving one (1) months’ prior notice in writing to the other party.

18.3 Save as mentioned in Clause 18.4, regardless of the date of termination by the Subscriber, the Subscriber will be liable to pay the full Subscription Fee for the Subsequent Term and no refund shall be given if the Agreement is terminated part way through a Subsequent Term.

18.4 If this Agreement is terminated, where a material breach was committed by the Company, the Company shall pay the Subscriber a prorated refund of the Subscription Fee representing the amount of unused services.

18.5 If the Subscriber is in material breach of this Agreement or owes any undisputed fees which have been outstanding for 21 days following receipt of a reminder notice, then provided the Company gives the Subscriber written notice the Company may suspend the provision of its services under this Agreement immediately and without penalty until such breach is remedied.

Any notice of termination shall be served in accordance with Clause 27.

19. FORCE MAJEURE

19.1 Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event.

19.2 A party shall not be liable if delayed in or prevented from performing its obligations under this Agreement due to Force Majeure, provided that it:

  1. promptly notifies the other of the Force Majeure event and its expected duration; and
  2. uses reasonable endeavours to minimise the effects of that event.

19.3 If, due to Force Majeure, a party:

  1. is unable to perform a material obligation; or
  2. is delayed in or prevented from performing its obligations for a continuous period of more than three calendar months, the other party may terminate this Agreement on not less than four weeks’ written notice.

20. ASSIGNMENT AND SUB-CONTRACTS

20.1 The Subscriber may not assign, subcontract, transfer or encumber any right or obligation under this Agreement, in whole or in part, without the prior written consent (such consent not to be unreasonably withheld or delayed) of the Company.

20.2 Any assignment made without with the express written consent of the Company shall be void and of no effect.

21. WAIVER

21.1 No failure, delay or omission by either party in exercising any right, power or remedy provided by law or under this Agreement shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.

21.2 No single or partial exercise of any right, power or remedy provided by law or under this Agreement shall prevent any future exercise of it or the exercise of any other right, power or remedy.

21.3 A waiver of any term, provision, condition or breach of this Agreement shall only be effective if given in writing and signed by the waiving party, and then only in the instance and for the purpose for which it is given.

22. COMPLIANCE WITH LAWS

Each party shall comply with all laws, enactments, regulations, regulatory policies, guidelines and industry codes applicable to them and shall maintain such authorisations and all other approvals, permits and authorities as are required from time to time to perform their obligations under or in connection with this Agreement.

23. SEVERENCE

23.1 If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that shall not affect or impair the legality, validity or enforceability of any other provision of this Agreement.

23.2 If any illegal, invalid or unenforceable provision of this Agreement would be legal, valid or enforceable if some part or parts of it were deleted, such provision shall apply with the minimum deletion(s) necessary to make it legal, valid or enforceable.

24. ENTIRE AGREEMENT

24.1 This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements, promises, assurances, warranties, representations, understandings and arrangements between them, whether in writing or oral, in respect of its subject matter.

24.2 Each party acknowledges that it has not entered into this Agreement in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in this Agreement. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in this agreement.

24.3 This Clause 24 shall not exclude or limit any liability arising as a result of any fraud.

26. COSTS AND EXPENSES

Unless otherwise expressly provided in this Agreement, each party shall bear its own costs and expenses incurred in relation to the negotiation, preparation, execution and implementation of this Agreement.

25. AMENDMENT, VARIATION AND REPLACEMENT

25.1 No amendment or variation of this Agreement, or any of the documents entered into pursuant to this Agreement, shall be valid unless it is in writing and signed by or on behalf of each of the parties to this Agreement.

25.2 This Agreement may be amended in whole or in part by the Company upon 30 days written notice. Upon receipt of such notice the Subscriber has the right to reject the new terms and conditions in writing to the Company within 30 days of receipt. Upon receipt of the rejection notice from the Subscriber the Company will terminate this Agreement as soon as practicable and pay the Subscriber a prorated refund of the Subscription Fee representing the amount of unused services. If no such rejection notice is received from the Subscriber within 30 days the Agreement will continue on the terms of the new agreement.

27. NOTICES

26.1 Any notice or other communication given to a party under or in connection with this Agreement shall be in writing and in English, addressed to that party at its contact address as stated at the start of this Agreement or in the online order form page completed by the Subscriber at the time of purchase, or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by post, commercial courier, facsimile or e-mail.

26.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address in accordance with Clause 27.1 if sent by post, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by e-mail or facsimile, one Business Day after transmission to the correct address.

28. THIRD PARTY RIGHTS

Nothing in this Agreement confers or purports to confer on any third party any benefit or any right to enforce any term of this agreement which that third party would not have had but for the Contracts (Rights of Third Parties) Act 1999.

29. NO PARTNERSHIP

Nothing in this Agreement shall create, or be deemed to create, a partnership or joint venture between the parties, or constitute any party the agent of another party, or authorise any party to make or enter into any commitments for on behalf of the other party.

30. LANGUAGE

30.1 The language of this Agreement is English. All documents, notices, waivers, variations and other written communications relating to this Agreement shall be in English.

30.2 If this Agreement and any document relating to it is translated, the English version shall prevail.

31. GOVERNING LAW AND JURISDICTION

31.1 This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with English law.

31.2 Each party irrevocably agrees that the courts of England shall have exclusive  jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.

31.3 Nothing in this Agreement shall affect the right of the Company to serve any process in any legal action or proceedings relating to any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation in any other manner permitted by law and in any other relevant court of competent jurisdiction.

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