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In this Agreement, the following expressions shall have the following meanings unless the context otherwise requires:

DEFINITIONS:

Dataclass Ltd:  Dataclass Limited - trading at Worth Corner Business Centre, Turners Hill Road, Pound Hill, Crawley, RH10 7SL;  Registered Office: 21 The Rise, Pound Hill, Crawley, West Sussex, RH10 7EN, United Kingdom - Registered in the UK No 2999188;  VAT No GB 840 8385 16;

The Customer:  The purchaser of or applicant for computer products or services from Dataclass Ltd;

Acceptable Use Policy: the policies and rules that exist now or which may be amended, modified or published from time to time by Dataclass Ltd which are posted on the Dataclass Ltd Site;

Customer Software: the software provided by the Customer to Dataclass Ltd to enable it to or assist it in providing any Services;

Data Activity: the amount of data transfer measured in Megabytes per month transmitted across Dataclass Ltd’s Network by the Customer’s use of the Web Hosting Services and/or Web Mail Service and/or Web Calendar Service and/or any other hosted services including database upload and download services such as but not limited to data backup and data restore systems;

Effective Date: the date of acceptance of the Agreement by Dataclass Ltd;

Fees:  the registration, renewal and/or other fees as posted on the Dataclass Ltd Site from time to time payable by the Customer to Dataclass Ltd in respect of the provision of the relevant Services;

Intellectual Property Rights:  all copyright, trade marks, service marks, patents, design rights and any other intellectual property right (whether registered or not);

Information: the information provided by the Customer on the Order Form and any other information relating to the Services or this Agreement submitted by the Customer to Dataclass Ltd;

Money Back Guarantee:  the guarantee as posted on the Dataclass Ltd Site from time to time;

Order Form: the order form posted on the Dataclass Ltd Site which the Customer has completed and submitted to Dataclass Ltd;

Personal Data: information which relates to the Customer or individuals employed or engaged by the Customer who can be identified from that information or from that information and other information held by or likely to be held by Dataclass Ltd;

Services: Website Hosting Services, Web Mail Services, Web Calendar Services, Database Backup, Database Restore, Technical Support Services and any other services posted on the Dataclass Ltd Site as selected by the Customer and which the Customer wishes Dataclass Ltd to provide;

Dataclass Ltd Site: the Dataclass Ltd web site located at http://www.dataclass.uk.com and accessible by that or any other URL;

Tangible Products:  equipment, systems, components or any other items having a physical existence;

Third Party Software: "open source" operating and applications software made available by third party software vendors;

the Website: website or sites in respect of which Dataclass Ltd provides the Website Hosting Services as specified on the Dataclass Ltd Site;

Website Hosting Services: website hosting services as specified on the Dataclass Ltd Site.

The headings contained in this Agreement are for reference only and shall not affect their interpretation.
 

Dataclass Ltd may at any time correct any typographical or other errors or omissions in any document posted on the Dataclass Ltd Site relating to the provision of the Services, the Policies or otherwise without any liability whatsoever to the Customer.
 

This Agreement covers both the supply of both Services and Tangible Products.  An additional section at the bottom covers both Services and Tangible Products.

You are advised to read the whole of this Agreement.

In respect of the supply of Services, the following conditions apply:

ONLINE SERVICES

Dataclass Ltd provides, manages and maintains online services including a web hosting service, web mail service and web calendar service. The Customer wishes to use the web hosting service and/or use the web mail service and/or the web calendar service. This Agreement contains the terms and conditions which shall govern the relationship between the Customer and Dataclass Ltd. Until accepted by Dataclass Ltd, this Agreement constitutes the Customer's request to Dataclass Ltd to provide the Services (as defined below) on the terms and conditions set out herein.

Dataclass Ltd will advise the Customer of its acceptance of the Customer's offer by sending an electronic acknowledgement to the Customer's email address. Acceptance by Dataclass Ltd brings into existence a legally binding agreement between the Customer and Dataclass Ltd.

 

SUPPLY OF SERVICES

Dataclass Ltd will provide the Services to the Customer subject to the terms and conditions contained in this Agreement.  Any changes or additions to the Services or this Agreement must be agreed in writing by Dataclass Ltd and the Customer.

Dataclass Ltd will provide the Services exercising reasonable skill and care but otherwise it will have no obligation, duty or liability to the Application in contract, tort, for breach of statutory duty or otherwise. In the event of material breach of this clause, the Customer's only remedy against Dataclass Ltd will be to terminate this agreement and a right to recover actual damages suffered which will not exceed the total amount of fees paid by the Customer to Dataclass Ltd for provision of the services affected by Dataclass Ltd's breach, less any sums chargeable in respect of usage in accordance with these terms and conditions and/or the refund policy. This does not affect the Customer’s statutory rights.

Dataclass Ltd will commence performance of the services following despatch of its acceptance of the Customer's offer and the Customer agrees and acknowledges that he will not be able to exercise any right he may have to cancel this agreement under the Consumer Protection (Distance Selling) Regulations 2000 (as amended or modified).   For avoidance of doubt, this clause does not apply to the supply of tangible goods.

The Acceptable Use Policy, Refund Policy, Money Back Guarantee, and Data Protection Policy ("the Policies"), and where applicable the Service Level Agreement are incorporated into this Agreement by reference. The Customer agrees and acknowledges that by entering into this Agreement he will be bound to and will abide by these policies.

Dataclass Ltd may modify, amend and/or revise the Policies from time to time and the Customer is responsible for reviewing the Policies on a regular basis. Any modifications, amendments and/or revisions to the Policies necessary to comply with any applicable statutory or other legal requirements will be effective immediately on the date of posting on the Dataclass Ltd Site. All other modifications, amendments and/or revisions to the Policies will be effective twenty (20) days after the date of posting on the Dataclass Ltd Site and will have retrospective effect.

SOFTWARE

Where the Customer requests Dataclass Ltd to provide any Third Party Software, whether in connection with the  Website Hosting Service or any other Service, the Third Party Software is provided on an "as is" and "as available" basis. Dataclass Ltd gives no warranties or other undertakings of any kind in relation to the Third Party Software. Where any licence is needed for any Third Party Software, the Customer agrees that such software will not be provided until the Customer has paid any necessary licence and/or other fees and associated costs, and that it will comply with the terms of any software licence.

In relation to the Customer Software, the Customer warrants and undertakes to Dataclass Ltd that it is entitled to provide the Customer Software to Dataclass Ltd to use the purpose of providing the Services, that the Customer Software is free from viruses and any other disabling devices, that if any licence fee shall be payable in respect of such use, the Customer will bear the same, and that it will, prior to commencement of use of the Customer Software by Dataclass Ltd, provide to Dataclass Ltd copies of any licence terms with which Dataclass Ltd is required to comply. If the licence terms are, in the sole discretion of Dataclass Ltd, onerous, Dataclass Ltd shall be entitled to decline to use the Customer Software, without liability of any nature to the Customer. The Customer will fully and effectively indemnify Dataclass Ltd, its employees, agents and contractors from and against any liability, loss or claim whatsoever and all costs and expenses (including, without limitation, legal costs and expenses) incurred in relation to or arising out of any breach of the Customer's obligations under this Agreement..

 

WEBSITE HOSTING, WEB MAIL AND WEB CALENDAR SERVICES

In return for the payment of the Website Hosting Fees and compliance by the Customer with the terms of this Agreement, Dataclass Ltd agrees to provide a hosting service in respect of the Website for the term specified.
In return for the payment of the Web Mail Fees where applicable and compliance by the Customer with the terms of this Agreement, Dataclass Ltd agrees to provide one or more Web Mail account(s) for the term specified.
In return for the payment of the Web Calendar Fees applicable and compliance by the Customer with the terms of this Agreement, Dataclass Ltd agrees to provide one or more Web Calendar account(s) for the term specified.

In return for the payment of the WebStats Fees applicable and compliance by the Customer with the terms of this Agreement, Dataclass Ltd agrees to provide account(s) for WebStats Server traffic monitoring and analysis for the term specified.

In return for the payment of the Click Tracker Fees applicable and compliance by the Customer with the terms of this Agreement, Dataclass Ltd agrees to provide account(s) for Click Tracker Server reporting and analysis for the term specified.

Dataclass Ltd's liability in respect of the availability of the Website is limited as specified in the Service Level Agreement. Dataclass Ltd's obligation is to act as host only. The Customer acknowledges that it has sole responsibility and liability for the design and maintenance of the Website.  This clause does not apply to integrated packages where website design and hosting have been purchased by the Customer in a single order.

The Customer understands and agrees that the level of Data Activity permitted in the use of the hosting packages, web mail services and web calendar services in relation to the specific Service package selected by the Customer. Data Activity additional to that permitted will be charged at the rates specified on the Dataclass Ltd website. Dataclass Ltd will also give the Customer the opportunity to upgrade to the next level of service where relevant.

The Customer acknowledges that any refund given by Dataclass Ltd shall be made after deducting the amount of the set-up fees, if any, and the applicable charges for the Data Activity, if any, of the Customer until the date of termination/cancellation.

The Customer acknowledges and agrees that Dataclass Ltd may monitor use of the Website, Web Mail accounts or Web calendar accounts and traffic to and there from and content thereof as specified in the Acceptable Use Policy.

OBLIGATIONS OF THE Customer

The Customer will pay to Dataclass Ltd the Fees applicable at the time the Customer submits the Order Form or at the time of the renewal of this Agreement as provided in clauses below or as otherwise specified as appropriate in the Dataclass website. Dataclass Ltd reserves the right at any time to revise the Fees without notice.

The Customer undertakes and warrants to Dataclass Ltd that the Information is true, accurate and complete in all material respects. The Customer also undertakes and warrants that he will maintain and keep the Information true, accurate and complete in all material respects by immediately notifying Dataclass Ltd of any change that is required to be made to the Information (including but not limited to informing Dataclass Ltd of any changes in the Customer's address and/or contact details).

The Customer undertakes and warrants to Dataclass Ltd as follows:
1.  to the best of the Customer's knowledge, information and belief, the provision of the Services nor the manner in which they are to be directly or indirectly used will infringe the Intellectual Property rights of any third party;
2.  that the Customer has the full right, power, legal capacity, ability and authority to enter into this Agreement;
3.  that use of the Services will be strictly subject to the terms and conditions of this Agreement and the Acceptable Use Policy which may be amended, revised or modified from time to time and it is the Customer's responsibility to review these documents on a regular basis;
4.  the Customer will use the Services in good faith;
5.  the Customer understands and agrees that Dataclass Ltd has no responsibility for the content of the Website or any other website of the Customer, whether hosted using the Services or not, and that the Customer is responsible for those websites including but not limited to ensuring their accuracy, complying with the Acceptable Use Policy,
and ensuring that such websites are secure and adequately protected from viruses and other disabling devices; and
6.  the Customer will not make use of the Services in any way so as to infringe any subsisting right of any third party.

The Customer understands and agrees that it is its responsibility to ensure that all data stored in web mail or web calendar accounts is backed up as is necessary for the Customer. Unless the Customer has otherwise agreed in writing with Dataclass Ltd, Dataclass Ltd will not be responsible for any losses of whatever nature caused by loss or corruption of data including but not limited to emails and online orders.

The Customer understands and agrees that use of the Services, and access to any website by third parties will be subject to the local laws of the country where such third party is resident and the Customer warrants to Dataclass Ltd that he will use the Services and will operate, use and display the website  in accordance with all relevant national and international laws and regulations.

The Customer will be responsible for and will fully and effectively indemnify and keep indemnified Dataclass Ltd, its employees, agents and contractors from and against any liability, loss or claim whatsoever and costs and expenses (including, without limitation, legal costs and expenses) incurred in relation to or arising as a result of any breach of the Customer's obligations under this Agreement by either the Customer, its employees, agents or contractors.

LIMITATION OF LIABILITY

The Customer acknowledges that the Fees for the Services are calculated on the basis of the limitations on liability as set out in this Agreement and that, accordingly, the limitations on liability set out in this Agreement are reasonable in the circumstances. If requested by the Customer, Dataclass Ltd will provide alternative Fee quotations, based upon acceptance by Dataclass Ltd of higher levels of liability, such level of liability to be specified in Dataclass Ltd's quotation.

Subject as expressly provided to the contrary in this agreement and except in respect of fraud, or death or personal injury caused by the negligence of Dataclass Ltd, Dataclass Ltd will not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this agreement for loss of data, profits or contracts nor for any indirect, incidental, special or consequential loss or damage, costs, expenses or other claims for compensation relating to the use or the inability to use the domain name, the servers, the web-site or in any other way related to or in connection with the provision of the services, whether caused by the negligence of Dataclass Ltd, its employees or agents or otherwise and whether such action arises in contract, tort or otherwise.

Save as expressly provided to the contrary in any Service Level Agreement, Dataclass Ltd will not be liable for any damages or losses whether direct or indirect that the Customer may suffer as a result of service or systems failure whether caused by systems or services under Dataclass Ltd's control or otherwise, including but not limited to domain name system failure, server failure, access delays or interruptions, data non-delivery or mis-delivery, any acts of God, delays in provision of the services, breaches of security or unauthorised use of the web-site, web mail or web calendar arising from "hacking" or otherwise, even if Dataclass Ltd has been advised of the potential for such damages and even if Dataclass Ltd may reasonably foresee such possible damages.

Dataclass Ltd is not liable for the loss of any emails sent to mailboxes of any configuration or sent from email accounts related services provided by Dataclass Ltd. Dataclass Ltd is not responsible for any email stored in mailboxes provided by Dataclass Ltd. The Customer only has an expectation of preserving email downloaded from mailboxes provided by Dataclass Ltd.

In no event shall the liability of Dataclass Ltd under this Agreement (including, for the avoidance of doubt, but not limited to the Service Level Agreement and the refund policy) exceed the total paid for thr respective services. 

While Dataclass Ltd makes regular maintenance updates to its systems and services, it will not be liable for any damages or losses whether direct or indirect that the Customer may suffer as a result of any virus, Trojan horse or other disabling device that affects services or systems whether under the control of Dataclass Ltd or otherwise.

The Customer will indemnify Dataclass Ltd and keep Dataclass Ltd fully and effectively indemnified on demand against any and all losses, claims, damages, costs, charges, expenses, liabilities, demands proceedings and actions which Dataclass Ltd may sustain or incur in relation to the hosting service, web mail service, web calendar service and/or any other services brought or threatened against Dataclass Ltd by any third party, except in the event of death or personal injury caused by the negligence of Dataclass Ltd.

The parties expressly exclude any rights of third parties who may otherwise be entitled to enforce the terms of this Agreement as if they were a party to it or otherwise able to rely on the provisions of the Contracts (Rights of Third Parties) Act 1999 as enacted or modified from time to time.

Subject as expressly provided in this Agreement, and except where the Services are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

Where the services are sold under a consumer transaction (as defined by the Consumer Transaction (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by the terms and conditions of this agreement.

 

SERVICES REFUND POLICY

All requests for refunds for hosting plans under the One Month Money Back Guarantee must be in writing and sent by first class post to the offices of Dataclass Ltd. Dataclass Ltd may, at its discretion, accept requests by fax. In the case of credit card orders, all refunds will be to the credit account used for the original transaction.

No refunds will be made if Dataclass Ltd terminates your hosting or other services due to violation of our Acceptable Use Policy or any other violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights.
 

TERM, TERMINATION AND RENEWALS
 

This Agreement shall come into force on the Effective Date and subject to earlier termination as provided under this Agreement, including but not limited to the Refund Policy, will continue for the period specified in the service agreement.

Approximately two months before the expiry of the term, Dataclass Ltd shall submit to the Customer a renewal notice accompanied by an emailed invoice. If the Customer pays the invoice prior to the expiry of the term, this Agreement will continue in force for the further period specified in the renewal notice. If the Customer has not paid the invoice by the expiry of the term, this Agreement shall automatically terminate, and Dataclass Ltd shall cease to provide any further Services to the Customer without any liability to the Customer. For the avoidance of doubt, this may include termination of Website Hosting and/or Web Mail Services and/or Web Calendar Services and/or Technical Support Services.

Dataclass Ltd shall be entitled to terminate this Agreement immediately without notice if the Customer is in material breach of any obligation under this Agreement. A material breach includes but is not limited to:
1.  if the Customer provides materially false, inaccurate, incomplete or misleading information; or
2.  if the Customer fails to correct material errors or omissions relating to the Information resulting in the Information becoming false, inaccurate, incomplete or misleading.

Dataclass Ltd shall be entitled to terminate this Agreement immediately upon written notice if:
1.  the Customer is in breach (other than material breach) of any obligation under this Agreement and, in the case of breach capable of remedy, it shall not have been remedied by the Customer within thirty (30) days following receipt of a written notice from Dataclass Ltd specifying the breach and requiring its remedy; or
2.  the Customer becomes insolvent, has a receiver appointed over the whole or any part of its assets, enters into any composition with creditors, or has an order made or resolution passed for it to be wound up (otherwise than for the purposes of a scheme for solvent amalgamation or reconstruction) or, in the case of an individual or partnership, becomes bankrupt, makes a voluntary arrangement with his or its creditors or has a receiver or administrator appointed.

The Customer shall be entitled to terminate this Agreement immediately upon giving notice to Dataclass Ltd if:
1.  Dataclass Ltd is in material breach of any obligation under this Agreement and, in the case of a breach capable of remedy, it shall not have been remedied by Dataclass Ltd within thirty (30) days following receipt of a written notice from the Customer specifying the breach and requiring its remedy; or
2.  Dataclass Ltd becomes insolvent, has a receiver appointed over the whole or any part of its assets, enters into any composition with creditors, or has an order made or resolution passed for it to be wound up (otherwise than for the purposes of a scheme for solvent amalgamation or reconstruction).

The Customer acknowledges that termination of this Agreement for any reason will result in Dataclass Ltd ceasing to provide the Services, with all the consequences that flow from such cessation, including, but not limited to, deletion of hosting account(s), mailboxes and web calendars.

 

SERVICE LEVEL AGREEMENTS
 

Service Level Agreements apply to Dataclass Technical Support Contracts only.

Service Level Agreements do not apply in the event of natural disasters or meteorological phenomenon, fire, flood, explosion, accident, acts of terrorism, acts of any governmental authority, Acts of God, war or other outbreak of hostilities, riots or other civil disturbance, strike or other industrial disputes, criminal damage, acts or omissions of providers of telecommunication services, or other force majeure occurrence.

Claims against Service Level Agreements must be in writing and faxed or posted to Dataclass Ltd, stating the times of failure, rectifications attempted by the Customer, and supporting documentary evidence.

Dataclass Ltd is not responsible for lost e-mails or in delays in delivering e-mail.

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Should any products carry a manufacturer's extended warranty period it is the sole responsibility of the Customer to liaise directly with the manufacturer of the product for full details of the warranty agreement should it be found to be faulty.

It is the responsibility of the Customer to return and collect goods to or from Dataclass Ltd's premises.

All products advertised are subject to availability.

Dataclass Ltd reserves the right to charge carriage fees to the Customer in the returning or dispatching of goods.

Dataclass Ltd gives no assurance as to the mutual compatibility of components sold in any single order unless explicitly stated otherwise.
 

All prices published by Dataclass Ltd are subject to VAT @ 17.5%. Errors and Omissions Excepted (E & OE). Prices are subject to change without prior notice at the discretion of Dataclass Ltd.
 

Dataclass Ltd remains the owner of all goods shipped to the Customer until Dataclass Ltd has been paid in full.
 

If any payment due under these conditions is overdue in full or in part Dataclass Ltd may, without prejudice to any of its other rights, recover and/or resell all the goods or any part of them and may enter the Customer's premises by its servants or agents to recover the goods and the Customer shall be liable for all Dataclass Ltd's costs of so doing.

If any act or proceedings shall be commenced in which the Customer's solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.

Dataclass Ltd reserves the right to decline service to any company or consumer at its sole discretion without explanation.

Carriage fees are not included in any published prices. Prices are updated periodically and are subject to change without notice. Carriage charges apply to Great Britain mainland only. Extra charges will be levied to residents of Northern Ireland, The Republic of Ireland, the Shetland Isles, The Isle of Man and all other offshore regions of the UK not mentioned herein.

Except where the Customer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the goods, whether implied by Statute, Common Law or otherwise are excluded and the Customer warrants that the Customer is satisfied as to the suitability of the goods for the Customer's purpose.

Dataclass Ltd does not accept responsibility for the loss of any software or data stored on any system or storage media handed to Dataclass Ltd for inspection, repair, upgrade or any other purpose.

Dataclass Ltd does not accept responsibility for any failures to the Customer's components within its possession unless these have been damaged by Dataclass Ltd.

Dataclass Ltd reserves the right to levy charges for any of the following services:

1. Inspection of any piece of computer equipment and installation or replacement of either software or hardware.

2. Use of credit or debit cards or rapid cheque clearance facilities.

3. Diagnosis and testing of any problems encountered with any piece of hardware or software.

4. Recovery of any hardware or software problems and backup of any data when requested by the Customer.

Dataclass Ltd accepts the responsibility of incorrectly dispatched goods (i.e goods not matching the specification displayed on the accompanying invoice) if notified to, and agreed by, Dataclass Ltd within seven (7) working days of receipt. Dataclass Ltd agrees to pay the return carriage charges of the correct goods. Dataclass Ltd does not accept any consequential loss to the customer during this period and offers no compensation for such.

In accordance with the Distance Selling Regulations, the following applies to all mail order and E-Commerce contracts:

The Customer is entitled to return the goods within seven (7) working days for a full refund subject to the following:

1. It is reasonable for the Customer to open the outer packaging and inspect the goods. It is not acceptable to break any seals on the accompanying software or on the item itself.

2. Any software that forms a part of the goods (driver and software disks and/or extras such as but not limited to games, applications and utilities) if unsealed by the Customer are exempt from the right to cancel and return the goods under the Distance Selling Regulations. However, if the goods are not as specified, advertised or faulty, then the Customer may still reject the goods under The Sales of Goods Act.

3. Computer Systems built to the customer's individual specifications are exempt from the right to cancel under the Distance Selling Regulations. This does not include our pre-specified Computer Systems available as specified on our website or in our brochure.

4. If the Customer properly rejects any of the goods in accordance with the Distance Selling Regulations within seven (7) working days in writing, the Customer shall nonetheless be responsible for the return cost of the goods.

5. If the returned goods received by Dataclass Ltd are not in a sellable 'as new' condition, then Dataclass Ltd reserves the right to charge a restocking fee.

Whether goods are returned in a sellable condition is to be judged by Dataclass Ltd at its sole discretion.

Dataclass Ltd accepts no responsibility for any consequential loss caused to the Customer for the receiving of faulty goods. Faulty goods received shall be dealt with as set out below.

Whilst every effort shall be made to keep any delivery date, time of delivery shall not be of the essence. Dataclass Ltd shall not be liable for any consequential loss incurred by the Customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.

Unless otherwise agreed Dataclass Ltd may deliver by instalments and in such case each instalment shall be treated as a separate contract and any delay, default or non-delivery in respect of any instalment by Dataclass Ltd shall not entitle the Customer to cancel the remainder of the Contract.

Dataclass Ltd cannot accept any returned goods found to fall into one or more of the following categories:

1. The goods are in some way physically damaged by the Customer.

2. The warranty label is found to have been tampered with or torn.

3. The goods are found not to have been sold to the customer by Dataclass Ltd.

4. The goods are outside the 12-month warranty limit.

5. The goods do not have a corresponding Returns Code displayed clearly on the packaging. A Returns Code must be obtained before any item is sent back to Dataclass Ltd. The procedure for obtaining a Returns Code is detailed here.

Goods received by the Customer that are found to have been physically damaged during transit must be reported to Dataclass Ltd immediately. The maximum time allowed to report physical damage is 72 hours. After 72 hours, any claims of physical damage will not be accepted for refund or replacement.

Upon return of goods found to be faulty, Dataclass Ltd offers the following service:

To return a working replacement of equal or better specification to the customer within 30 days from the commencement of the contract. If, after 30 days, a replacement cannot be sent for whatever reason, a full refund will be given if requested at the current market value of the item. If this is not ascertainable, then a refund will be given for the value of the nearest equivalent item.

Inspect all goods on arrival as damage must be reported within 72 hours of receipt and prior to any installation. If your goods appear damaged in any way, including packaging, they must be signed for as “damaged” on the delivery sheet with the courier. This covers you (the Customer) in the event of a claim for damage to the items.

Except as may be implied by law where the Customer is dealing as a consumer, in event of any breach of these Conditions by Dataclass Ltd the remedies of the Customer shall be limited to damages which shall in no circumstances exceed the price of the goods and Dataclass Ltd shall under no circumstances be liable for any indirect, incidental or consequential damages.

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In respect of the supply of both Tangible Products and Services, the following conditions apply:
 

DATA PROTECTION
 

Except to the extent that Dataclass Ltd is required or permitted by law, any Information which is Personal Data will be used solely as set out in the Data Protection Policy on the Dataclass Ltd Site from time to time.

In the event Dataclass Ltd does not accept the Customer's offer to enter into a Services Agreement, the Personal Data will not be held for longer than is necessary, after which time it will be destroyed.

In the event Dataclass Ltd accept the Customer's offer to enter into a Services Agreement, the Personal Data will form part of the Customer's customer records and Dataclass Ltd will be entitled to use it for all purposes connected with the provision of the Services.
 

GENERAL

This Agreement including all the documents incorporated by reference within it constitutes the entire agreement between the Customer and Dataclass Ltd, supersedes any previous agreement or understanding and may not be varied except as provided for in this Agreement.

Dataclass Ltd is entitled to assign this Agreement and all or any of its rights or obligations hereunder without the prior written consent of the Customer. The Customer is not entitled to assign this Agreement nor all or any of its rights or obligations hereunder without the prior written consent of Dataclass Ltd.

Except where expressly provided to the contrary in this Agreement, any notice required or permitted to be given by either party to the other under this Agreement shall be in writing and delivered or sent by first class post to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified to the other party.

No failure or delay by either party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either party of any breach of this Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

If any provision in this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.

This Agreement shall be governed by and construed in accordance with English law and shall be subject to the non-exclusive jurisdiction of the English Courts.
 

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