Terms of Service

Updated: 06/04/2020 23:23

This page (together with the documents referred to in it) tells you information about us and the legal terms of service ("Terms") on which we supply any services ("Services") listed on our website ("our site") to you. Please read these Terms carefully and make sure that you understand them; that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on +44 (0) 330 350 3250.

Our Contract with you

These Terms of Service will apply to the purchase of the services and goods by you (the Customer or you). We are Tudor Internet Ltd a company registered in England and Wales under number 08635676 whose registered office is at 152 Oaktree Crescent, Bradley Stoke, Bristol, BS32 9AG with email address hello@tudornet.uk; telephone number +44 (0) 330 350 3250; (the Supplier or us or we).

These are the terms on which we sell all Services to you. Before placing an order on the Website, you will be asked to agree to these Terms of Service by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Where you are a consumer, you have legal rights in relation to Services that are not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

You should print a copy of these Terms for future reference.

Interpretation

Supplier, We, Us & Our means Tudor Internet Ltd or any party acting on Tudor Internet Ltd implicit instructions.

Customer, Consumer, Account Holder & you means the person purchasing the Services or any party acting on the customer's instructions.

Contract means the legally-binding agreement between you and us for the supply of the Services;

Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;

Order means the Customer's order for the Services from the Supplier as submitted following the step by step process set out on the Website;

Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;

Website means our website; on which the Services are advertised.

Server means the computer server equipment operated by us or our third parties in connection with the provision of the Services.

The Registrant means the person applying for a domain name or any party acting on the Registrant's instructions. .

The Registry means the relevant domain names Registry.

Use of our site

Your use of our site is governed by our Website Terms of Use. Please take the time to read these, as they include important terms which apply to you.

How we use your personal information

We only use your personal information in accordance our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

How the contract is formed

Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.

We will confirm our acceptance of your order to you by sending you an e-mail ("Order Confirmation"). The Contract between us will only be formed when we send you the Order Confirmation.

If we are unable to supply you with the Services ordered, for example because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Services, we will refund you the full amount as soon as possible.

Changes to our Terms of Service

We may revise these Terms of Service from time to time, without notice, and it is the customers responsibility to regulary check for any updates to our Terms of Service. Customers will however generally be notified at least twenty eigth (28) days to any impeding changes to our Terms of Service.

Should a customer not be agreeable to any new or alteration to our Terms of Service they will have the right to cancel their service with a pro-rata refund for the period unused. Customers must notify us within three (3) days of receiving notice from us advising them of a change to Terms of Service, failure to notify us will be assumed the customer has accepted the new terms of service.

This does not affect your statutory rights as a consumer.

Data Validation / Customer Identification Check

Customer data & identity is important to us and from time to time we may have to request documentation to confirm your identity; and UK postal address. This process is to ensure the accuracy of data you supply and to deter, detect and prevent fraud.

As part of the registration process we validate all UK addresses against the Royal Mail Postcode Address file, which contains over 28 million UK addresses. The addresses held are exactly the same details as the Royal Mail file.

If we require documentation a request will be sent to the main account holders registered email address held on file. The requested documentation must be supplied within 14 working days via the client portal, failure to supply the requested documentation will result in the suspension of all services including domains registered to you via us as your registrant agent, if after 30 days the requested documentation has not been received we will terminate all services and cancel all domains registered to you via us as your registrant agent.

To verify your identity and UK postal address we require two proofs of identity, one for your name and one for your address. The following are determined as acceptable documents:

For Sole Traders, Registered companies & Charities:

Companies House Certificate of Registration (for Ltd/plc companies)
Charity Commission Certificate of Registration
Official company letter head
Blank cheque in company name
Business invoice dated within the last 3 months
Utility bill dated within the last 3 months (a mobile phone bill is not acceptable)
Bank statement dated within the last 3 months
HMRC tax notification dated within the last 3 months

Data supplied to confirm you identity and postal address will be held securely on your account for up to 12 months, after this period expires the submitted data will be destroyed securely. Documentary evidence may be shared with the domain registrar as part domain registrant verification process, by submitting the requested documentation you agree for us to share this documentation with the Domain Registrar ("Nominet UK") if required. This documentation will be shared with law enforcement agents if requested by a statue of a court order.

Security

Purchases online are processed by Stripe - a highly respected company in the field of e-commerce based in the UK who are also PCI Service Provider Level 1. The security used is Comodo 2048 bit encryption systems. At the browser 256 Bit SSL is used. If you have any further queries regarding security please contact us.

PCI Compliance

PCI Compliance Services are to provide you with our view as to whether a particular server is secured to a level sufficient to pass an external PCI-DSS network penetration test at a particular point in time. We will provide the Compliance Services in order to ascertain what level of security hardening is required for the relevant servers to pass the relevant penetration test, and we shall undertake such security hardening as is required for the server to pass such penetration test.

Limited warranty: We warrant that, in providing the Compliance Services, the relevant server will be capable of passing the relevant penetration test at the particular point in time when we complete the required security hardening. We cannot guarantee that such capability will continue following our completion of such security hardening. You acknowledge that PCI-DSS compliance requirements are constantly changing and a server that is compliant at a certain point in time may become non-compliant as requirements change unless further testing and improvement is undertaken.

Domain Name registration, renewal, transfer and restoration

Offers

Some hosting packages include a free domain registration, the registration period is one year, this is limited to .uk domain name extensions. Hosting package renewals do not include a further free domain renewal, transfer or registration.

Where we provide a domain name to you free of charge as part of a package, if you terminate the services to which that free domain name relates within the initial registration period of the domain, you will be responsible to pay to us the registration fee that you would have paid to us for that domain name if we had not provided it to you free of charge, where such fees are listed on the Website and updated from time to time. We reserve the right to require full payment of such fees to us prior to us releasing or migrating the domain name to a third party host.

Registration

We will always register, transfer and renew domain names in your name - never in our own. You are always in control of every aspect of your domain name(s) and can manage your domain's WHOIS data through your account. It is your responsibility to keep this data correct.

We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk and you shall have no right to bring any claim against us in respect of refusal to register a domain name.

Any fee paid by you to us for domain name registration or renewal shall be non-refundable notwithstanding refusal by the Registry to register or renew your desired name.

We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant Registry but will not be obliged to take part in any such dispute.

Due to the bespoke nature of domain names they are non-refundable in whole or part once the registration, transfer or renewal has been submitted to the registrar, even if the registration is suspended, cancelled or transferred prior to the end of the current registration term. The customer understands that Domain names are not entitled to a "cooling off" period under the Distance Selling Regulations 2000 as per Regulation 13(1)(c).

You understand that we are unable to change or edit the spelling of domain names after registration. It is the customers responsibility to ensure the spelling of a domain is as desired before completing the order.
No refund will be issued for domains which are deleted due to a breach of these or any relevant associated terms.

Renewal

You acknowledges that the payment due date is one day prior to the domain expiry date, we will send out reminder emails 30 days, 14 days, 7 days, 3 days and 1 day of your expiring domain. If a domain is not renewed by the expiry date it will usually stop resolving and will be considered "expired":

If we are unable to successfully take payment for the renewal via the stored payment method, or if you fail to manually renew the domain name within the required time-frame, the domain will expire and not be renewed. It is your sole responsibility to ensure your contact information is up to date ensure email renewal reminders are received.
You acknowledge and agree that your right and interest in a domain name ceases upon its expiration and any expired domain name may be made available for registration by a 3rd party. While we will endeavour to ensure domains renewals are processed promptly we make no guarantee that attempted renewals will be successful and it is your responsibility to check their domain has been renewed successfully using the WHOIS service.
If you fail to renew your domain registration, your domain may cease to resolve and visitors to your site may be directed to a default page informing them that the domain has expired and is no longer resolving.
It may be possible to recover a domain name after it has expired depending on the relevant registries policy. If the domain is within the "Renewal Grace Period" (usually up to 8 days after domain expiry date) then it will be possible to renew the domain for the standard renewal fee. If the domain is not within the Renewal Grace Period, but is within the registry Redemption Period (usually up to 30 days after domain expiry date) it will be subject to a Redemption Recovery fee plus standard renewal fee. It may not always be possible to renew a domain name after its expiry and we cannot guarentee the renewal of a domain name post-expiry.
Once a domain has reached the end of the registry Redemption period the domain will be cancelled and made available for registration.

If you do not wish to renew your domain, you must cancel it by disabling Auto-renew at least three (3) days before the renewal due date via the client portal. We may at our discretion accept a domain cancellation request less than three (3) days via our usual support channels if the renewal process has not been actioned by the registry. Renewal fees our displayed on our website.

Registrar Transfer

Transfer of a domain is chargable as per standard renewals fee. This excludes *.uk Domains that are registered with the registrar Nominet UK, these are transferrable to another registrar free of charge, this is commonly known as an IPS Tag Change. We shall not release any domain to another provider unless full payment for any outstanding fees relating to that domain has been received by us, or while there are outstanding invoices on the associated billing account. A registrar transfer is started via the client portal.

Registrant Transfer

The person named as Registrant on the WHOIS shall be the registered domain name holder. The person named as the administrative contact shall be deemed the designate of the Registrant with whom full authority to manage the domain has been assigned:

You agree that prior to transferring ownership of your domain to another person or legal entity (the 'Transferee') you will require them to agree, in writing to be bound in the terms set forth in this Agreement.
If the transferee fails to be bound in an acceptable fashion (as determined by us at our sole discretion) to the terms of this agreement any such transfer will be considered null and void.
The fee to transfer ownership of a domain is £15.
To begin a registrant transfer please contact us.

3rd party Terms & Conditions

We are a Nominet Member and Registrar (using the TUDORINTERNET tag) and we use Nominet to register all domains with a .uk TLD, all other domains are registered using Netistrar Limited. As well as our registration terms of service, domains are subject to the registration terms and conditions of the relevant registry and which may change from time to time; you shall ensure that you are aware of those terms and conditions and that you comply with them:

By registering a .uk domain name, you enter into a contract of registration with Nominet UK on the terms & conditions and policies detailed at https://www.nominet.uk/uk-domains/policies/.
By registering a .com, .net, .org, .biz, .info domain name, you enter into a contract of registration with ICANN on the terms and conditions detailed at https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en#registrant.
By registering a .mobi domain name, you enter into a contract of registration with mTLD on the terms and conditions detailed at http://www.mtld.mobi.

Provision of Services

Server Use

Personal accounts are to be used by the primary owner only. You must not divulge your username or password to any other person, and you should take reasonable precautions to ensure that other people do not discover it.

Email traffic

Where the Services allocate any email account to you, we do not warrant that any email sent to that email account will be received by you nor that any email sent by you from that account will be delivered to any intended recipient. You acknowledge that we use incoming and outgoing email "spam" filtering for security purposes and such filtering may, in some cases, prevent email from being received by or sent from such email account. There is no facility to disable such filtering, and the thresholds of such are entirely at our discretion.

We have a zero-tolerance policy against spam and the sending of bulk, unsolicited e-mail is prohibited at all times. Customers who abuse the email service will be notified that their behaviour is unacceptable and may have their account terminated.

Back-ups

Our servers are backed up daily and use a mirrored disk array. Customer data is not offered as recoverable unless unless explicity offered, it is recommended that you keep an independent backup of all data stored on our services.

Back-up services explicity offered to you by which we will backup a customer's Material as it appears on our servers; the backup Material will be in the form in which the Material is in when you upload it to, or as found on, our servers when the backup was taken. It is your responsibility to verify the content and accuracy of all Material that we hold for you, and you should ask us to restore your Material to an independent location from time to time to verify such accuracy. The Backup Services are provided for your convenience only and we do not provide any warranty or guarantee that the Material will be accurate and that it will not be corrupt. It is your responsibility to ensure that the Backup Services are sufficient for your individual requirements and to arrange to receive full backup services from a third party in the event that the Backup Services are not sufficient for your requirements.

We will not be held responsible for loss of data in any circumstances.

Acceptable Content

We do not allow any of the following content to be stored on our servers:

Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any law of England & Wales.
Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of us.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, MP3's, games patches or games orientated material etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

All content uploaded to your your services must conform to the law of England & Wales. It is the user's sole responsibility to ensure this. Storage, distribution of or transmission of illegal materials may lead to investigation and possible prosecution by the relevant authorities.

Bandwidth Policy

Bandwidth is the amount of accrued data transferred between your web site, virtual private server, dedicated server and the sites visitors. Your website hosting, virtual private server or dedicated server comes with a certain amount of Bandwidth and should be adhered to. Should you use more than your limit, or should your site become a large drain on our resources we do reserve the right to suspend your account until a suitable solution is reached.

Virtual Private Servers & Dedicated Servers

You are responsible for and subject to all software vendor licensing terms, conditions, restrictions, and limitations. It is your responsibility to ensure conformance to and abide by the specific terms of server of each application's licensing agreements.

Virtual Private Server and Dedicated Server solutions do not include data backup nor restore services unless explicity offered. We cannot accept responsibility for any loss of data or consequences arising from this. We always advise you to back up your site data regularly for its own protection.

Virtual Private Servers and Dedicated Server are a self-managed solution.

Service Level Agreement

We endeavour to provide a 99.9% service uptime, excluding planned or emergency server maintenance or conditions beyond our reasonable control. All customers will be notified of planned maintenance as far as possible in advance through our network status page and, should the maintenance last for longer than thirty (30) minutes, via e-mail.

Should we break this SLA in any calendar month with unscheduled service unavailability (as verified by our network monitoring) we will upon request credit a full week's cost to your customer account. No hidden catches - we value our service and customers extremely highly.

Our SLA is rescinded if you have overdue invoices on your account, or if you have paid the invoice for the period of the disruption late.

We make no guarantee to defend a customer's website from a denial of service attack unless that service has been specifically offered and agreed.

Prices of Services

The prices for our services are as set out on the Website at the time that you submit your Order.

Prices for our Services may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.

The price of the Services exclude VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.

Our site contains a number of Services. It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If we discover an error in the price of the Services you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price.

Payments in respect of domain name registrations and domain name renewals are non-refundable.

Reduced price trials are for new clients only.

We reserve the right to alter our prices at any time and will notify you of any alteration by providing you with a written notice. Notice of any price alteration will be sent via email to the email address that we hold for you. If you have already purchased a particular service then the price alteration will only become effective when the service reaches the end of its current term.

30 day no quibble money-back guarantee

We have an established reputation for reliability, performance and support. We work hard to provide you with the best possible service and we're so confident in this that we offer a no-quibble, thirty (30) calendar day money-back guarantee. If you are unhappy for any reason within the first thirty (30) calendar days of opening your account, you are free to cancel and receive a full refund including the time already used, less domain registration fees which are non-refundable. If your plan or package included a free domain, any refund will be less the domain registration fees, in some instances, you may owe us further money to accept the cancellation under this guarantee.

We would however appreciate it if you got in touch with us before deciding to cancel so that we can address any problems you might be having, refunds can take up to seven (7) working days, and this policy does not cover services which have violated our terms of service.

Billing & Payments

You can only pay for the Services using a debit or credit card. We accept the following cards: Visa, MasterCard, American Express.

Payment for the Services is in advance and may be made (i) monthly or (ii) annually, as specified in the Order Confirmation. We will not charge your debit card or credit card until we send you an Order Confirmation.

All payments must be received in UK Pounds sterling. If you pay by foreign bank transfer, then you must be responsible for all foreign currency charges.

It is important that we receive payment on time. All services must be paid to us under this Contract by the due date shown on the invoice unless a written adjustment has been agreed. Failure to complete payment after this time will result in an automatic reminder when the invoice is overdue, and automatic account suspension should any payment due to us under this Contract by the due date (plus 7 days) remains due. This applies to all services.

If you fail to make any payment due to us under this Contract by the due date (plus 7 days) then, without limiting our remedies, you shall pay a fixed late fee on the overdue amount of 3%. You shall pay the penalty charge interest together with the overdue amount.

If you fail to make any payment due to us under this Contract by the due date (plus 14 days) then, without limiting our remedies, the service will be terminated and all data relating to that service deleted.

Adding your card to file authorises us to auto bill you on your due date. You can manage this via your client area.

We use Stripe to process card payments. When you use our card payment system you confirm that you are permitting us to initiate a payment or series of payments on your behalf. You confirm that we may either take payments as a one-off or on a recurring basis as indicated on our payment page. You confirm that the payment amount will be determined by reference to our charges at the time as described on your invoice.

You warrant that you are lawfully authorised to make payment using the payment card or facility you disclose to us. In the event where you are not the named cardholder, you acknowledge that you and the named cardholder both accept these terms of service and are jointly and severally liable for any payment(s) due. You hereby indemnify us in the event that the cardholder or issuer declines any transaction for payment, including our costs in recovering the outstanding amount due.

Renewal invoices are generated seven (7) calendar days prior to the due date and is sent to your email address provided by you. It is your responsibility to ensure this e-mail address is kept up to date and can receive emails from us.

Termination and Refunds

Either party (the "Non-defaulting Party") shall be able to terminate this Contract immediately in the event that the other:

a. commits a material breach of any of its obligations under this Contract and has not remedied such breach (if capable of remedy) within 30 days of request from the Non-defaulting Party for remedy by serving written notice; or
b. is subject to any winding up order or resolution, has any provisional liquidator appointed to it, has a receiver appointed or is the subject of an application made to court for an administration order or if a notice of intention to appoint an administrator is filed or an administration order made in respect of it, is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986, enters into any arrangement for the benefit of or other compounds with its creditors generally or ceases or threatens to cease carrying on its business, or (being an individual) is the subject of a bankruptcy petition or order, or any equivalent processes in any jurisdiction.

Without prejudice to any rights that have accrued under a Contract or any of its rights or remedies, either party may terminate a Contract on giving not less than 30 days written notice to the other party. Notwithstanding the foregoing, if you have agreed and paid for Services on an annual payment basis, we shall not be obliged to refund any pro rated payments if you cancel during the annual term.

In accordance with Terms of Service, an account may be terminated by us unilaterally, without notice and at our discretion if we consider an account holder to be in breach of the stated prohibited uses.

An account may be terminated with immediate effect if abusive behaviour is directed at our staff.

If we need to terminate an account or a service for any reason which does not contravene our terms of service, customers will be entitled to a pro rata refund based upon the remaining period of service. If a customer contravenes our terms of service a refund will not be issued in the event of a cancellation.

Consequences of Termination

Other than as set out in these Terms, neither party shall have any further obligation to the other under a Contract after its termination.

Any provision of these Terms which expressly or by implication is intended to come into or continue in force on or after termination of a Contract shall remain in full force and effect.

Termination of a Contract, for any reason, shall not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination.

If a Contract is terminated by either party:

we will promptly provide to you an electronic copy of the Hosted Materials; and
we will provide such assistance as is reasonably requested by you to transfer the hosting of the Hosted Materials to you or another service provider, subject to payment of our reasonable expenses.

Rights on Termination

Termination of this agreement does not affect your pre-existing liability, if any or affect our right to recover damages or pursue any other remedy in respect of any breach of this agreement by you.

In the event of us terminating this agreement due to breach of these conditions by you, we shall be entitled to the balance of all payments which would but for such termination have accrued up to the earliest date on which this agreement could have been terminated by you.

Setup fees are non-refundable. Any disputes should be expressed in writing via a valid written contact method.

Your Conduct

Under no circumstances will we tolerate threatening or abusive behavior towards our staff. Should this occur, we reserve the right to terminate this agreement with immediate effect and without notice.

Should you, during the course of a telephone conversation, email or support ticket, make reference to "legal action" or say anything we might reasonably understand to imply or infer that the customer may intend to pursue a legal claim against us, we reserve the right to refuse to provide support going forward.

Should we feel that your needs would be better served by another provider, we reserve the right, at our sole discretion, to terminate this agreement. Where it is reasonable to do so, we will provide 30 days notice of termination and provide a backup of all website content and email.

Complaints

Whilst we strive to ensure all the experiences our customers have with us are outstanding, we understand that at times, we may fall short on our expectations. All complaints are taken seriously and will be reviewed, investigated and responded to fairly and thoroughly. We understand that monitoring, and dealing with complaints promptly enables us to identify areas of weakness and we will then work to address these and continue to improve our service.

To make a complaint please email us on complaints@tudornet.uk, this goes directly to our senior management team. You should ensure you include as much information about the issue as possible, such as date & time when the incident occurred, ticket reference IDs, names of any staff members you spoke to, details about the problem, what you did, how it started and any other relevant details. We endeavour to respond to all complaints within three (3) working days - although usually a response is much quicker. If you are unhappy with any service provided by us please contact us immediately.

If the response does not meet your satisfaction, you may request that the complaint be escalated to a company Director for review. One of our directors will then assess your complaint and the steps taken so far by our staff; they will then provide a final response within fifthteen (15) working days of the complaint escalation.

Report Abuse

If you are aware of someone breaching our terms of service or the law whilst using our services, please email abuse@tudornet.uk to report this - including as much detail as possible to enable us to effectively investigate.

We are always vigilant to ensure domains registered with us comply with our Registrant Agreement as we take reports of abuse very seriously. All reports are reviewed and investigated promptly to ensure that our services are used in accordance to our Terms of Service.

Our liability if you are a business

This section only applies if you are a business customer.

Nothing in these Terms limit or exclude our liability for:

a. death or personal injury caused by our negligence;
b. fraud or fraudulent misrepresentation; or
c. any other area where it would be unlawful or invalid to seek to exclude liability.

We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

a. any loss of profits, sales, business, or revenue;
b. loss or corruption of data, information or software;
c. loss of business opportunity;
d. loss of anticipated savings;
e. loss of goodwill; or
f. any indirect or consequential loss.

Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services for the remainder of the duration of the Contract between us.

Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.

Our liability if you are a consumer

This section only applies if you are a consumer.

Nothing in these Terms limit or exclude our liability for:

a. death or personal injury caused by our negligence;
b. fraud or fraudulent misrepresentation; or
c. any other area where it would be unlawful or invalid to seek to exclude liability.

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but subject to clause 15.1 above, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purposes, and subject to clause 15.1 above, we have no liability to you for any

a. loss of profits, sales, business, or revenue;
b. loss or corruption of data, information or software;
c. loss of business opportunity;
d. loss of anticipated savings; or
e. loss of goodwill.

Subject to the foregoing, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services.

Indemnification

You shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with:

a. any breach by you under the section titled Provison of Services; and
b. any claim made against us for actual or alleged infringement of a third party's Intellectual Property Rights arising out of or in connection with the our use of software and/or other materials provided by you.

Disclaimer

Whilst every care is taken by us in the provision of our services we can not be responsible for any damages your business may suffer through technical outages or other occurrences. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us, our employees, suppliers, customers or any third party. We reserve the right to revise policies at any time, and notification will be provided by the given email by you and display notice on the website.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.

An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

1. we will contact you as soon as reasonably possible to notify you; and
2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

Communications between us

When we refer, in these Terms, to "in writing", this will include e-mail.

If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by email at hello@tudornet.uk. We will confirm receipt of this by contacting you in writing by e-mail.

If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served 24 hours after an e-mail is sent or 24 hours after posting on our website. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Data Protection

Other important terms

This Contract constitutes the entire agreement between you and us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between you and us, whether written or oral, relating to its subject matter.

Each party agrees that it shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in this Contract. Neither you nor we shall have any claim for innocent or negligent misrepresentation based upon any statement in this Contract.

You may not assign or transfer any of your rights or obligations under this Contract, in whole or in part, without our prior written consent.

A person who is not a party to this Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.

If any court or competent authority finds that any provision of this Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Contract shall not be affected.

If any invalid, unenforceable or illegal provision of this Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

These Terms and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England.

The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

Calls may be recorded for training or monitoring purposes.