Term and Termination
The initial period of Service provision will commence on the date that the Client’s Website goes live or the Client’s Order is processed. This term shall last for a period of 12 months, subject to the termination provisions below.
Subsequent periods of Service Provision shall last for a period of 12 months each and will follow on from a previous period, without interruption, subject to the fulfilment of the Client’s obligations under the Fees and Payment Clause of this Agreement. All subsequent periods are subject to the termination provisions below.
Either party may terminate this Contract immediately in the event that:
Either party commits a serious, grave or material breach or persistent breaches of this Contract including non performance, default or neglect of its duties, responsibilities and obligations under this Contract, and
Such breach remains unremedied for a period of 30 days from written notice given by the other party specifying the breach and requiring its remedy; or
Such breach is not capable of remedy.
The Host reserves the right to terminate this Agreement at any point with one months notice at the host’s discretion, or The Host reserves the right to terminate this Agreement or to suspend the Service in the following circumstances:
If the Client fails to pay fees due under the Fees and Payment Clause of this Agreement; or
If the Client is in breach of the terms of this Agreement; or
If the Client becomes the subject of a voluntary arrangement under Section 1 of the Insolvency Act 1986; or
If the Client is unable to pay its debts within the definition of Section 123 of the Insolvency Act 1986; or
If the Client has a receiver, manager, administrator or administrative receiver appointed over all or a substantial part of its undertakings, assets, or income; has passed a resolution for its winding up; or is the subject of a petition presented to a court for its winding up or for an administration order.
The Client may request the termination of the Service and this Agreement by written notice, 1 month in advance. The following shall apply to such situations:
Any issuing of refunds is at the sole discretion of the Host.
If the Client wishes to terminate during the course of a 12 month period of Service provision the Service will end 1 month after the Host receives the Client’s notice.
On termination of the Service and this Agreement the Client’s Website and all related material will be removed from the Hosting Hardware.
If the Client sends a termination notice in error or changes their mind, the Host must be informed within 2 months of the notice that the Client wishes their Account to be restored. Any notification outside of this period will require a new Account to be set up, with the Client being required to pay for a full 12 month period.
The Client will be required to pay a reactivation fee of £100.00 plus VAT.
Upon termination of this Contract the following shall become immediately due:
Any and all outstanding invoices; and
Any costs accrued up to termination date not already subject to invoice; and
Any costs incurred by the Company upon termination of the contract.