MyKreative
PRIVACY POLICY
TERMS & CONDITIONS
This privacy policy sets out how Mykreative Ltd uses and protects any information that you give Mykreative Ltd when you use this website. Mykreative Ltd is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Mykreative Ltd may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1st July 2012.
Collection of Data
Collection of Data We may collect the following information:
Name and job title
Contact information including email address
Demographic information such as postcode, preferences and interests
Other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping. We may use the information to improve our products and services. We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Cookie usage
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Website Links
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
Unchanged: whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
Unchanged: if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at mike@mykreative.co.uk.
Unchanged: We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
Unchanged: You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Mykreative Ltd, 159 Dunstone View, Plymouth, Pl9 8QJ.
Unchanged: If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
TERMS AND CONDITIONS
DEFINITIONS AND INTERPRETATION
The following definitions and rules of interpretation apply in these Conditions.
1. DEFINITIONS:
Acceptance Tests: tests carried out on the Site to show the Sites’ compliance with the Functional Specification.
Business Day: a day, other than a Saturday or Sunday, when banks in London are open for business.
Charges: the charges payable by the Customer for the supply of the Services in accordance with clause 7.
Conditions: these terms and conditions as amended from time to time in accordance with clause 15.4.1.
Contract: these Conditions and the agreed Project Order between the Supplier and the Customer for the supply of Services.
Customer: the person or firm who purchases Services from the Supplier.
Customers Default: has the meaning set out in clause 4.2.
Deliverables: the deliverables set out in the Project Order agreed between the Supplier and the Customer.
Functional Specification: the detailed specifications for the Site agreed between the parties and set out in the Project Order or subsequently agreed in writing between the parties.
Hosting Charges: the charges in respect of the Hosting Services.
Hosting Services: the hosting and related services to be provided pursuant to this agreement as described in clause 6.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Order: the Customer’s order for Services confirmed by providing a signed Project Order to the Supplier or providing acceptance of the Project Order by email to the Supplier.
Project Order: the separate document accompanying these Conditions or the email between the Supplier and the Customer setting out the specific Services to be provided by the Supplier to the Customer.
Project Commencement Date: has the meaning given in clause 2.2.
Project Completion Date: has the meaning given in clause 2.3.
Services: the Services, including the Deliverables, supplied by the Supplier to the Customer as set out in the Project Order.
Specification: the description or specification of the Services provided in the Project Order.
Site: the website (and/or related domains) to be hosted by the Supplier pursuant to this agreement.
Supplier: MyKreative Limited incorporated and registered in England with company number 7701422 and whose registered office address is 159 Dunstone View, Plymouth, Devon, PL9 8JQ.
Supplier Materials: has the meaning set out in clause 4.1.7. 2. INTERPRETATION:
2.1 References to clauses are to the clauses of these Conditions.
2.2 The Project Order forms part of these Conditions and any reference to these Conditions includes the Project Order.
2.3 A reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time. A reference to legislation or a legislative provision shall include all subordinate legislation made from time to time under that legislation or legislative provision.
2.4 Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
A reference to writing or written includes email but not fax. BASIS OF CONTRACT
2.5 The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.
2.6 The Order shall only be deemed to be accepted when the Customer returns a signed copy of the Project Order and the Supplier confirms acceptance of it, or the Customer and the Supplier confirm the acceptance of the Order by email, on which date the Contract shall come into existence (Commencement Date).
2.7 The Order shall be deemed to be completed upon receipt of the Customer’s sign off email or once the Services have been provided (Project Completion Date).
2.8 Any samples, drawings, descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations contained in the Supplier’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
These Conditions apply to the Contract to the exclusion of any other terms that that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.9 Any quotation given by the Supplier shall not constitute an offer. 3. SUPPLY OF SERVICES
3.1 The Supplier shall supply the Services to the Customer in accordance with the Project Order in all material aspects.
3.2 The Supplier shall use all reasonable endeavours to meet any performance dates specified in the Project Order, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
3.3 The Supplier reserves the right to amend the Project Order if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any such event.
3.4 The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill.
3.5 The Supplier may, at its own discretion, engage with third parties including sub-contractors or agents, in providing the Services. 4. CUSTOMER’S OBLIGATIONS
4.1 The Customer shall:
4.1.1 ensure that the terms of the Order and the details of the Project Order are complete and accurate;
4.1.2 co-operate with the Supplier in all matters relating to the Services;
4.1.3 provide the Supplier, its employees, agents, consultants and subcontractors, with access to the Customer’s computer systems and other locations, including necessary read/write permissions, usernames, passwords and security clearance, as reasonably required by the Supplier;
4.1.4 provide the Supplier with such information and materials as the Supplier may reasonably require to supply the Services, and ensure that such information is complete and accurate in all material aspects (Customer Materials);
4.1.5 obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
4.1.6 comply with all applicable laws, including health and safety laws;
4.1.7 keep all materials, equipment, documents and other property of the Supplier (Supplier Materials) at the Customer’s premises in safe custody at its own risk, maintain the Supplier Materials in good condition until returned to the Supplier, and not dispose of or use the Supplier Materials other than in accordance with the Supplier’s written instructions or authorisation; and
4.1.8 comply with any additional obligations as set out in the Specification.
4.2 If the Supplier’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
4.2.1 without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Supplier’s performance of any of its obligations;
4.2.2 the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier’s failure or delay to perform any of its obligations as set out in this clause 4.2; and
4.2.3 the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default. 5. DEVELOPMENT AND ACCEPTANCE OF SITE
5.1 Once the Supplier has completed the design and development of the Site in accordance with the Project Order, the Supplier shall run the Acceptance Tests.
5.2 No later than 21 days prior to the Supplier running the Acceptance Tests, the parties shall agree the test criteria and data to be used in the Acceptance Tests.
5.3 The Supplier shall inform the Customer once the Acceptance Tests have passed.
5.4 If any failure to pass the Acceptance Tests results from a defect which is caused by an act or omission of the Customer, or by one of the Customer’s sub-contracts or agents, the Site shall be deemed to have passed the Acceptance Tests notwithstanding the defect.
5.5 Acceptance of the Site shall occur, or be deemed to have occurred, on whichever is the earliest of:
5.5.1 the expiry of 14 days after the completion of the Acceptance Tests; or
5.5.2 the customer uses any part of the Site in the normal course of business, (Acceptance).
5.6 Risk of or loss or damage of any kind to the Site or its content shall pass to the Customer on Acceptance. 6. HOSTING OF SITE
6.1 The Supplier shall charge the Customer the Hosting Charges set out in the Project Order, in accordance with clause 7.
6.2 Subject to the Customer paying the Hosting Charges the Supplier shall as soon as reasonable practicable after Acceptance provide the Hosting Services in accordance with this agreement.
6.3 The Supplier shall engage with third party contractors, agents or suppliers as necessary to provide the Hosting Services.
6.4 The Supplier makes no warranties of any kind for any Hosting Services it supplies, including, but not limited to, the accuracy, reliability and suitability for the Customer’s use.
6.5 The Supplier shall not be responsible for any damages resulting from the Hosting Services it provides, including, but not limited to, the performance or quality of the Hosting Services supplied, or the risk of damage or loss to the Site or its content. 7. CHARGES AND PAYMENTS
7.1 The Charges for the Services shall be set out in the Project Order.
7.2 Upon the Customer submitting an Order, the Customer shall immediately pay the Supplier the initial charges set out in the Project Order as being due at the outset (Initial Charges). The work shall not commence until payment of the Initial Charges has been received in full and clear funds and the Supplier therefore may delay the Commencement Date for the Services as required.
7.3 The Customer shall pay the Hosting Charges in accordance with the payment terms in the Project Order.
7.4 Following the Commencement Date, the Supplier reserves the right to invoice the Customer for additional charges (Additional Charges) resulting from:
7.4.1 any variation to the Project Order or changes after acceptance of the draft design requested by the Customer; and
7.4.2 any action taken by the Supplier to process, alter or otherwise use, any Customer Materials, including but not limited to, any photography, art, media searches, digital image processing, data entry services, colour correction and/or alteration of imagery.
7.5 On completion of the Services, the Supplier shall invoice the Customer for the remaining balance of the Charges and any Additional Charges (Final Payment).
7.6 The Customer shall pay each invoice submitted by the Supplier:
7.6.1 within 30 days of the date of the invoice; and
7.6.2 in full and cleared funds to a bank account nominated in writing by the Supplier; and
7.6.3 time for payment shall be the essence of the Contract.
7.7 Upon the Final Payment being paid by the Customer in full and cleared funds, the Supplier will release any materials produced or resulting from the Services in the Supplier’s preferred format.
7.8 The Supplier shall be entitled to charge the Customer for any expenses reasonably incurred by the individuals whom the Supplier engages in connection with the Services including travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of services provided by third parties and required by the Supplier for the performance of the Services, and for the cost of any materials.
7.9 The Supplier reserves the right to increase the Charges on an annual basis with effect from each anniversary of the Commencement Date in line with the percentage increase in the Retail Prices Index.
7.10 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by the Supplier to the Customer, the Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier 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.
7.11 If the Customer fails to make a payment due to the Supplier under the Contract within 30 days of the date of the invoice then the Customer’s account shall be considered as in default.
7.12 On an account being in default, the Supplier shall be entitled to remove its and/or the Customer’s material from any and all computer systems and hosting sites until the overdue payment has been made. Removal of such materials does not relieve the Customer of its obligations to pay the due amount.
7.13 Customers whose accounts are in default agree to pay all of the Supplier’s reasonable legal and accounting expenses and any third party collection agency fees in the enforcement of the debt and these Conditions.
7.14 Without limiting the Supplier’s remedies under these Conditions, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 7.14 will accrue each day at 4% a year above Bank of England base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
7.15 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). 8. INTELLECTUAL PROPERTY RIGHTS
8.1 The Supplier shall own all Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Customer), unless specifically released in writing by the Supplier. For the avoidance of doubt, this includes, but is not limited to, words, pictures, ideas, visuals, illustrations, proofs, PDF files or other graphic files as detailed in the Project Order.
8.2 Any software, code, plugin or other third party material used in a web or digital project shall remain the property of the creator or third party supplier and any ongoing licence fees or fees for upgrade are the responsibility of the Customer.
8.3 Should the Supplier present a choice of designs to the Customer, only the choice chosen by the Customer for the Project shall be deemed to be provided by the Supplier in connection with the Services. All other designs shall remain the property of the Supplier.
8.4 By supplying text, images and other data to the Supplier, the Customer grants the Supplier with permission to use such material freely for the purposes of the Project.
8.5 In supplying materials to the Supplier, the Customer declares that it holds the appropriate copyright and/or trademark permissions, licences or ownership to do so. The Customer fully indemnifies the Supplier in any and all claims resulting from the Customer failing to have obtained the appropriate permissions, licences or ownership to do so.
8.6 The Supplier grants to the Customer, or shall procure the direct grant to the Customer of a non-exclusive, royalty-free licence to use the Supplier’s materials for the project defined in the Project Order and not for any other purpose, unless otherwise agreed in writing.
8.7 The Customer shall not sub-license, assign or otherwise transfer the rights granted in this clause.
8.8 The Customer grants the Supplier a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by the Customer to the Supplier for the term of the Contract for the purpose of providing the Services to the Customer.
8.9 This clause shall survive the termination of the Order. 9. DATA FORMAT
9.1 The Customer shall provide data to the Supplier in the Supplier’s preferred format as set out in the Project Order.
9.2 The Supplier shall not be responsible for any image text or image quality which the Customer later deems to be unacceptable.
9.3 The Supplier shall not be responsible for the quality of any images which the Customer instructs to be scanned from printed materials. 10. DATA PROTECTION
10.1 In this clause, Personal Data has the meaning given in the Data Protection Act 2018.
10.2 The Supplier warrants that, to the extent it processes Personal Data on behalf of the Customer;
10.2.1 it shall only act on instructions from the Customer; and
10.2.2 it has in place appropriate technical and organisation security measures against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data. 11. LIMITATION OF LIABILITY
11.1 The Supplier makes no warranties of any kind for any Services it supplies, including, but not limited to, the accuracy and suitability for the Customer’s use.
11.2 The Supplier shall not be responsible for any damages resulting from the Services it provides, including, but not limited to, the performance or quality of the Services supplied.
11.3 The Supplier has obtained insurance cover in respect of its own legal liability for individual claims. The limits and exclusions in this clause reflect the Supplier’s insurance cover and the Customer is responsible for making its own arrangements for the insurance of any excess loss.
11.4 References to liability in this clause 11 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
11.5 Nothing in this clause 11 shall limit the Customer’s payment obligations under the Contract.
11.6 Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for:
11.6.1 death or personal injury caused by negligence;
11.6.2 fraud or fraudulent misrepresentation; and
11.6.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
11.7 The Supplier’s total liability to the Customer:
11.7.1 for loss arising from the Supplier’s failure to comply with its data processing obligations under clause 10, and
11.7.2 for all other loss or damage,
shall not exceed the total value of the Customer’s Project Order.
11.8 This clause sets out the types of loss that are wholly excluded:
11.8.1 loss of profits;
11.8.2loss of sales or business;
11.8.3 loss of agreements or contracts;
11.8.4 loss of anticipated savings;
11.8.5 loss of use or corruption of software, data or information;
11.8.6 loss of or damage to goodwill; and
11.8.7 indirect or consequential loss.
11.9 The Supplier has given commitments as to compliance of the Services in clause 3. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
11.10 Unless the Customer notifies the Supplier that it intends to make a claim in respect of an event within the notice period, the Supplier shall have no liability for that event. The notice period for an event shall start on the day on which the Customer became, or ought reasonably to have become, aware of the event having occurred and shall expire 3 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
11.11 This clause 11 shall survive termination of the Contract. 12. NON-SOLICITATION
12.1 The Customer shall not without the prior written consent of the Supplier, at any time from the date of this agreement to the expiry of 12 months after the termination or expiry of this agreement, solicit or entice away from the Supplier or employ or attempt to employ any person who is or has been engaged as an employee of the Supplier in the provision of the Services.
12.2 Any consent given by the Supplier in accordance with clause 12.1 shall be subject to the Customer paying to the Supplier a sum equivalent to 20% of the then current annual remuneration of the Supplier’s employee. 13. TERMINATION
13.1 Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
13.1.1 the other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 10 days of that party being notified in writing to do so;
13.1.2 the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
13.1.3 the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all of a substantial part of its business; or
13.1.4 the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
13.2 If not terminated in accordance with clause 13.1 or 13.2, the Contract shall automatically terminate on the Customer’s payment of the Final Charges.
13.3 Without affecting any other right or remedy available to it, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if:
a) the Customer fails to pay any amount due under the Contract on the due date for payment; or,
b) there is a change of control of the Customer.
13.4 Without affecting any other right or remedy available to it, the Supplier may suspend the supply of Services under the Contract or any other contract between the Customer and the Supplier if:
a) the customer fails to pay any amount due under the Contract on the due date for payment; or
b) the Customer becomes subject to any of the events listed in clause 13.1.2, 13.1.3 or 13.1.4, or the Supplier believes that the Customer is about to become subject to any of them. 14. CONSEQUENCES OF TERMINATION
14.1 On termination or expiry of the Contract;
14.1.1 the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt;
14.1.2 the Customer shall return all of the Supplier Materials which have not been fully paid for. If the Customer fails to do so, then the Supplier may enter the Customer’s premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with the Contract.
14.2 Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
14.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect. 15. GENERAL
15.1 Force majeure.
Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
15.2 Assignment and other dealings.
15.2.1 the Supplier may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.
15.2.2 the Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of the Supplier.
15.3 Entire agreement.
15.3.1 The Contract and the agreed Project Order constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
15.3.2 Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
15.3.3 Nothing in this clause shall limit or exclude any liability for fraud.
15.4 Variation.
15.4.1 Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing.
15.4.2 The Supplier at its discretion may vary these Conditions and shall inform the Customer in writing of any such variation.
15.5 Waiver.
15.5.1 A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
15.6 Severance.
If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this Contract is deleted under this clause 15.6 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
15.7 Notices.
a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case) or sent by email to the address specified in the Project Order.
b) Any notice or communication shall be deemed to have been received:
l) if delivered by hand, at the time the notice is left at the proper address;
ll) 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
lll) if sent by email at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume.
c) In this clause 15.7(b)III business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
This clause 15.7 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
15.8 Third party rights.
Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
15.9 Governing law.
The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
15.10 Jurisdiction.
The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.