Terms & Conditions of Supply

This page (together with our Privacy Policy and Terms of Use) tells you information about us and the legal terms and conditions (Terms) on which we supply Inspection Services, Remedial Works and any other services we agree to provide you under the Contract (together, the Services) to you.

The Inspection Services are as described on our website.

The Remedial Works are the works/services required at the Property (as defined below) as identified by the Inspection Services and as detailed in the Certificate (as defined below).

These Terms will apply to any contract between us for the supply of Services to you (Contract).

Please read these Terms carefully and make sure that you understand them, before signing up for any of the Services on our site. Please note that you will be asked to agree to these Terms before signing up for any of the Services on our site. If you refuse to accept these Terms, you will not be able to sign up for any of the Services on our site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 10. Every time you wish to sign up for any of the Services, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

1 INFORMATION ABOUT US

1.1 We operate the website www.certco.co.uk. We are CertCo Limited (we, us or our), a company registered in England and Wales under company number 08709819 and with our registered office at Boston House, 214 High Street, Boston Spa, Leeds, LS23 6AD. Our VAT number is 977 3252 86.

1.2 Contacting us if you are a consumer:

1.2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause

11, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at enquiries@certco.co.uk or contact us by telephone on 01937 831285 or by post to Unit 170, Avenue B, Thorpe Arch Estate, Wetherby, LS23 7BJ. If you are emailing us or writing to us please include your details to help us to identify you. If you send us your cancellation notice by e-

1.2.2 If you wish to contact us for any other reason, you can contact us by telephoning us

1.2.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. at 01937 831285 or by e-mailing us at enquiries@certco.co.uk. pre-paid post to the address you provide to us in your order.

1.3 Contacting us if you are a business. You may contact us by telephoning us at 01937 831285 or by e-mailing us at enquiries@certco.co.uk. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 20.3.

1.4 Complaints. We aim to provide you with a high standard of customer service however if at any time you are not satisfied with any part of our services that we have provided or would like to make any recommendations on how we can improve our services please contact us using any of the methods set out in clauses 1.2.2 or 1.3 above.

2 INSPECTION SERVICES – APPOINTMENTS

2.1 Our site will guide you through the steps you need to take to book an appointment with us for us to provide any of the Inspection Services to you (Booking Request).

2.2 Before submitting your Booking Request you will be required to enter into our system:

2.2.1 your contact details;

2.2.2 the details of the relevant property or properties at which you want the Inspection

2.2.3 any other relevant details as we reasonably require. You will also be required to confirm which of our Inspection Services you require to be carried out at the Property or each of the Properties (as applicable).

2.3 After you place your Booking Request, you will receive an e-mail from us acknowledging receipt. However, please note that this does not mean that your Booking Request has been accepted and that your appointment(s) is/are therefore confirmed. Acceptance of your Booking Request and therefore confirmation of your appointment(s) will take place as described in clause 2.4.

2.4 We will confirm our acceptance of your Booking Request to you by sending you an e-mail confirming that the appointment(s) has/have been made (Booking Confirmation). The Contract between us will only be formed when we send you the Booking Confirmation. Services to be carried out (Property or Properties (as the context requires)); and

2.5 We will contact you (using any of the contact details you have supplied to us) to discuss and agree with you mutually convenient date(s) and/or time(s) for us to provide the Inspection Services to you.

2.6 All appointment dates and times are subject to availability and may be subject to change. We will do what we reasonably can to meet appointments agreed with you but if we are unable to carry out the Inspection Services at those agreed dates and/or times (for whatever reason) we will contact you to arrange another appointment.

2.7 If you wish to re-schedule an appointment you must notify us before 10.00am on the working day (being any day other than a Saturday, Sunday or bank holiday) prior to the agreed appointment date. In the event that an appointment is re-scheduled or cancelled after 10.00am on the working day prior to the agreed appointment date we reserve the right to make an additional charge or retain a fair and reasonable portion of the payment already made by you as contribution towards our costs and losses that we suffer as a result.

3 INSPECTION SERVICES – GENERAL

3.1 The scope of the Inspection Services is as described on our site from time to time.

3.2 Following completion of the Inspection Services at a Property we shall upload to your online portal (Portal) on our site the relevant certificate(s) in respect of the Inspection Services carried out at the relevant Property (Certificate). We will also upload details of any repairs or remedial work required at the relevant Property as determined by the Inspection Services carried out which will appear in the “remedial notes section” on the property details page (Remedial Notes). You will be sent an e-mail notification that the Certificate has been uploaded to your Portal and, if relevant, a separate e-mail stating that Remedial Notes have been added to.

3.3 Please note that the Inspection Services shall not include any repairs or remedial work (or associated parts) that need to be carried out at the relevant Property as determined by the Inspection Services.

4 REMEDIAL WORKS – APPOINTMENTS

4.1 You will be able to instruct us to carry out any Remedial Works required in order to satisfy the Remedial Notes by confirming so through our site (on your Portal). Our site / your Portal will guide you through the steps you need to take to book an appointment with us for us to provide such Remedial Works to you (Remedial Work Request).

4.2 After you place your Remedial Work Request, you will receive an e-mail from us acknowledging that we have received your Remedial Work Request. However, please note that this does not mean that your Remedial Work Request has been accepted and that your appointment is therefore confirmed. Acceptance of your Remedial Work Request and therefore confirmation of your appointment will take place as described in clause 4.4.

4.3 We will confirm our acceptance of your Remedial Work Request to you by sending you an e-mail confirming that the appointment has been made (Remedial Work Confirmation). The Contract between us will only be formed when we send you the Remedial Work Confirmation.

4.4 We will contact you (using any of the contact details you have supplied to us) to discuss and agree with you mutually convenient date(s) and/or time(s) for us to provide the Remedial Works to you.

4.5 All appointment dates and times are subject to availability and may be subject to change. We will do what we reasonably can to meet appointments agreed with you but if we are unable to carry out the Remedial Works at those agreed dates and/or times (for whatever reason) we will contact you to arrange another appointment.

4.6 If you wish to re-schedule an appointment you must notify us before 10.00am on the working day (being any day other than a Saturday, Sunday or bank holiday) prior to the agreed appointment date. In the event that an appointment is re-scheduled or cancelled after 10.00am on the working day prior to the agreed appointment date we reserve the right to make an additional charge or retain a fair and reasonable portion of the payment already made by you as contribution towards our costs and losses that we suffer as a result.

5 REMEDIAL WORKS – GENERAL

5.1 The scope of the Remedial Works is as described in the relevant Certificate / Remedial Notes or as otherwise agreed between us in writing.

5.2 We reserve the right to use whatever parts/materials we deem appropriate/necessary for the Remedial Works. If we need to order such parts/materials we may need to arrange further appointment(s) with you to carry out the Remedial Works.

5.3 Following completion of the Remedial Works at the relevant Property we shall send to you an appropriate certificate showing that the Remedial Works have been carried out in respect of the relevant Property.

5.4 If the Remedial Works cannot be completed due to the relevant part/appliance/system being beyond repair (economic, practical or otherwise) or where any parts required are no longer available we may cancel the Contract for the Remedial Works at our option.

6 GENERAL

6.1 We reserve the right to refuse to carry out any Services for any such reason as we deem appropriate or where the carrying out of such Services would, in our reasonable opinion, pose a risk to any of our employees, agents, sub-contractors or other representatives.

6.2 In the event that we consider, acting reasonably, that a relevant part/appliance/system that is subject to any of the Services is unsafe we shall attach the relevant warning notice to the relevant part/appliance/system and shall take reasonable steps and any required by law to make the relevant part/appliance/system safe. We shall confirm to you any such steps taken and any other relevant information that you need to know to ensure the part/appliance/system is safe. We shall not be liable for any loss or costs incurred or suffered as a result of our lawful actions carried out in accordance with this clause.

6.3 We will exercise reasonable care and skill in carrying out the Services and shall make every effort to ensure that the Services and any parts used in the course of the Services will be of satisfactory quality.

6.4 We shall carry out the Services in accordance with all relevant laws and regulations and in accordance with any manufacturer’s instructions and guidelines.

6.5 Following completion of the Services we shall remove and dispose of any rubbish and old parts replaced during the Services.

6.6 Please note that it is not our responsibility to ensure that you have carried out any relevant Inspection Services, Remedial Works and/or any other services that are required by any law, statutes, statutory instruments, bylaws and other regulations in respect of the Property or any other property you own, occupy or have an interest in. We do not accept responsibility for ensuring that you comply with these obligations.

6.7 If you (or another person) are not due to be present at the Property or Properties on the agreed date for any Services to be carried out and therefore you wish for us to collect the key (or other relevant means of access) to the Property or Properties from any person (for example, a landlord or managing agent) for the purposes of us gaining access the Property or Properties you must let us know in advance of the date on which the Services are due to start. We will arrange with you (and/or any relevant third party) a date and time for collection of the key (or other relevant means of access). We reserve the right to charge you an additional sum for this service. We will notify you of these additional charges which shall be determined in our absolute and sole discretion but based on the amount of additional work involved.

7 YOUR RESPONSIBILITIES

7.1 It is your responsibility to ensure that:

7.1.1 we have access to the Property or Properties in order to carry out the Services on the

7.1.2 where clause 6.7 applies, we have access to the key (or other relevant means of

7.1.3 we have access to, and use of, all necessary services, utilities or other facilities that

7.1.4 all necessary consents/permissions required to carry out the Services have been

7.1.5 you have given us all relevant information required to carry out the Services and all

7.1.6 the Property or Properties (as applicable) are safe for us to carry out the Services and agreed appointment date(s) and time(s). If we cannot gain access to the Property or Properties on the agreed date(s) and/or at the agreed time(s), we will contact you to arrange another appointment. We reserve the right to make an additional charge or retain a fair and reasonable portion of the payment already made by you as contribution towards our costs and losses that we suffer as a result of being unable to access the Property or Properties as described in this clause; access) to the Property or Properties at the appropriate arranged date/time. If we do not have access to the Property or Properties on the agreed date(s) and/or at the agreed time(s) due to us not being able to collect the key (or other relevant means of access) on the agreed date/time, we will contact you to arrange another appointment. We reserve the right to make an additional charge or retain a fair and reasonable portion of the payment already made by you as contribution towards our costs and losses that we suffer as a result of being unable to access the Property or Properties as described in this clause; are reasonably required in order to carry out the Services (including supply of gas, electricity and water and that all such services, utilities and other facilities are supplied/installed at the relevant Property or Properties (as applicable) and are in good working order; obtained; such information is complete, accurate, up to date and not misleading; and you shall remove any dangerous materials from the Property or Properties (as applicable) including, without limitation, asbestos. If any asbestos is removed from the Property or Properties (as applicable) you shall provide us with a copy of the clearance certificate. If you fail to provide this clearance certificate this may cause delays or prevent us from carrying out the Services altogether.

8 IF YOU ARE A CONSUMER

This clause 8 only applies if you are a consumer.

If you are a consumer, you may only purchase any Services from our site if you are at least 18 years old.

9 IF YOU ARE A BUSINESS CUSTOMER

This clause 9 only applies if you are a business.

9.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase any of the Services.

9.2 These Terms and any document expressly referred to in them (including our Privacy Policy and Terms of Use) constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

9.3 You acknowledge that in entering into a Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them (including our Privacy Policy and Terms of Use).

9.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

10 OUR RIGHT TO VARY THESE TERMS

10.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

10.2 Every time you purchase any of the Services from us, the Terms in force at the time of your order will apply to the Contract between you and us.

11 YOUR CONSUMER RIGHT OF RETURN AND REFUND

This clause 11 only applies if you are a consumer.

11.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 11.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive the relevant Services, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.

11.2 However, this cancellation right does not apply in the case of any Contract for urgent repairs or maintenance that you have specifically requested from us.

11.3 Your legal right to cancel a Contract starts from the day the Contract is entered into between us (as described in clause 2.4 and 4.4 above). The deadline for cancelling the Contract is then the end of 14 days after the day on which the Contract is entered into (Example: If the Contract is formed on the 1 January. 15 January will be the last day of the cancellation period).

11.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form available at the following link. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at enquiries@certco.co.uk or contact us by telephone on 01937 831285 or by post to Unit 170, Avenue B, Thorpe Arch Estate, Wetherby, LS23 7BJ. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.

11.5 If you cancel your Contract we will refund you the price you paid for the Services. We will make any refunds due to you as soon as possible and in any event within a period of 14 days after you inform us of your decision to cancel the Contract.

11.6 We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.

11.7 If you requested us to begin the performance of the Services during the cancellation period set out in clause 11.3, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from the Contract, in comparison with the full coverage of the Contract.

11.8 As a consumer, you have legal rights in relation to Services that are not carried out with reasonable care and skill. These legal rights are not affected by your right of return and refund in this clause 11 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

12 PRICE

12.1 The price, or basis for the price, for the Inspection Services will be as quoted on our site from time to time.

12.2 The price, or basis for the price, for the Remedial Works will be as quoted by us to you (whether on our site, on your Portal, by e-mail or otherwise) before you make a Remedial Work Request.

12.3 The charges for any other services we are to provide to you (other than the Inspection Services and the Remedial Works) including, without limitation, those detailed in clause

6.7, shall be as quoted by us to you (whether on our site, on your Portal, by e-mail or otherwise).

12.4 We use our best efforts to ensure that the prices of Services are correct at the time when the relevant information was entered onto the system or sent to you. However please see clause 12.7 for what happens if we discover an error in the price the Services after a Contract has been made between us.

12.5 Prices for our Services may change from time to time, but changes will not affect any Contract that has been entered into between you and us.

12.6 The price of the Services exclude VAT. Where any taxable supply for VAT purposes is made by us to you under the Contract, the you shall, on receipt of a valid VAT invoice from us, pay us such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.

12.7 It is always possible that, despite our best efforts, some of the Services may be incorrectly  priced. If we discover an error in the price of the Services for which a Contract has been made between us we will contact you to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling the Contract. If we are unable to contact you using the contact details you provided during the order process, we will treat the Contract as cancelled and notify you in writing.

13 PAYMENT

13.1 We shall invoice you the price for the Inspection Services (and any other Services supplied in connection with them including, without limitation, those specified in clause 6.7) on completion of the Inspection Services.

1.1 We shall invoice you the price for the Remedial Works (and any other Services supplied in connection with them including, without limitation, those specified in clause 6.7) on completion of the Remedial Works.

13.2 You shall pay each invoice submitted by us:

13.2.1 within 30 days of the date of the invoice; and

13.2.2 in full and in cleared funds to a bank account nominated in writing by the Supplier, and time for payment shall be of the essence of the Contract.

13.3 If you fail to make any payment due to us by the due date for payment, then you shall pay interest on the overdue amount at the rate of 4% per cent per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.

13.4 You shall pay all amounts due to us in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law).

14 OUR LIABILITY IF YOU ARE A BUSINESS

This clause 14 only applies if you are a business customer.

14.1 We only supply the Services for internal use by your business.

14.2 Nothing in these Terms limits or excludes our liability for:

14.2.1 death or personal injury caused by our negligence, or the negligence of its

14.2.2 fraud or fraudulent misrepresentation; or

14.2.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act employees, agents or subcontractors; 1982 (title and quiet possession).

14.3 Subject to clause 14.2, 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:

14.3.1 any loss of profits, sales, business, or revenue;

14.3.2 loss or corruption of data, information or software;

14.3.3 loss of business opportunity;

14.3.4 loss of anticipated savings;

14.3.5 loss of goodwill;

14.4 Subject to clause 14.2, we shall under no circumstances whatever be liable for:

14.4.1 the cost of replacing any part/appliance/system;

14.4.2 any costs resulting from your failure to follow the manufacturer’s instructions;

14.4.3 any costs or loss of income that you may incur as a result of any change of

14.4.4 the repair and/or decoration of the Property or Properties, and the costs associated

14.4.5 any diminished or reduced performance or functionality of any part/appliance/system appointment dates and/or times; with such, (including the fabric or fixtures and fittings) reasonably effected during the carrying out of the Services and/or required following completion of any of the Services; or following you refusing to have the Remedial Work carried out or as a result of any factor beyond our reasonable control.

14.5 Subject to clause 14.2, our total liability to you in respect of all 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 paid for the Services.

14.6 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.

15 OUR LIABILITY IF YOU ARE A CONSUMER

This clause 15 only applies if you are a consumer.

15.1 Subject to clause 15.4, we shall not be liable for:

15.1.1 the cost of replacing any part/appliance/system;

15.1.2 any costs resulting from your failure to follow the manufacturer’s instructions;

15.1.3 any costs or loss of income that you may incur as a result of any change of

15.1.4 the repair and/or decoration of the Property or Properties, and the costs associated

15.1.5 any diminished or reduced performance or functionality of any part/appliance/system appointment date and/or time; with such, (including the fabric or fixtures and fittings) reasonably effected during the carrying out of the Services and/or required following completion of any of the Services; or following you refusing to have the Remedial Work carried out or as a result of any factor beyond our reasonable control.

15.2 Subject to clause 15.1, 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 we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

15.3 We only supply the Services for domestic and private use. You agree not to use the Services for any re-sale, commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15.4 We do not in any way exclude or limit our liability for:

15.4.1 death or personal injury caused by our negligence or the negligence of our

15.4.2 fraud or fraudulent misrepresentation;

15.4.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act

15.4.4 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and employees, agents, representatives or subcontractors; 1982 (title and quiet possession); Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and

15.4.5 defective products under the Consumer Protection Act 1987.

16 EVENTS OUTSIDE OUR CONTROL

16.1 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 is defined below in clause 16.2.

16.2 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 or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

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

16.3.1 we will contact you as soon as reasonably possible to notify you; and

16.3.2 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.

Where the Event Outside Our Control affects our delivery of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

16.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid less an amount which is in proportion to what has been performed until you have communicated to us your cancellation from the Contract, in comparison with the full coverage of the Contract.

17 COMMUNICATIONS BETWEEN US

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

17.2 If you are a consumer you may contact us as described in clause 1.2.

17.3 If you are a business:

17.3.1  Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e- mail.

17.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.

17.3.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

17.3.4 The provisions of this clause shall not apply to the service of any proceedings or letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. other documents in any legal action.

18 OTHER IMPORTANT TERMS

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

18.2 We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

18.3 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

18.4 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

18.5 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

18.6 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

18.7 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.

18.8 If you are a consumer, please note that these Terms are governed by English law.

This means a Contract for the purchase of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.

However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

18.9 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

18.10 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).