In these terms and conditions the following words and phrases shall, unless the context otherwise requires, have the following meanings:-
Acceptable Use Policy
the acceptable use policy from time to time issued by the Company (a current copy of which is attached hereto);
a day (other than a Saturday or Sunday) on which the clearing banks are open for business in the City of London;
the person(s) firm or Company whose details are set out in the Schedule hereto;
the earlier of the date specified in the Schedule or on which the Company makes the Client's Service available to third parties via the Internet;
Medusa Red Limited;
the fees set out in the Schedule for the provision of the Services, together with any other charges made pursuant to these Conditions;
any server owned or operated by the Company;
the provision by the Company to the Client of domain or hosting services including the installation of the Client's Service on the Company's Server specified in the Schedule together with any other service option details of which are set out in the Schedule;
the period set out in the Schedule (subject to a minimum period of one year) from and including the Commencement Date renewable automatically for similar periods unless and until terminated in accordance with these Conditions;
the agreed amount of space including an allocation of storage space on a web server and a bandwidth allocation to be provided by the Company on its Server to the Client for the Client's Service as set out in the Schedule;
Unless the context otherwise requires references to clauses and Schedules shall be construed as references to clauses and Schedules of these Conditions. Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.
9.1 These Conditions shall continue in force for the Term provided always that the Client shall be entitled to terminate these Conditions at any time by giving to the Company not less than 15 days' written notice of termination. This written notice of termination must include the relevant account's password to confirm the identity of the Client. If after the required 15 days notice of cancellation, part of the current Term remains, no refund will be given for the remainder of such Term.
9.2 Notwithstanding the provisions of clause 8.1, either party shall be entitled forthwith to terminate these Conditions by written notice to the other if :-
9.2.1 that other party commits any breach of any of the provisions of these Conditions and, in the case of a breach capable of remedy, fails to remedy the same within thirty days after receipt of a written notice giving particulars of the breach requiring to be remedied;
9.2.2 an encumbrancer takes possession or a receiver is appointed over any of the property or assets of that other party; that other party makes any voluntary arrangement with its creditors or becomes subject to an administration order; that other party goes into liquidation or becomes bankrupt; the other party ceases or threatens to cease to carry on business; or
9.2.3 anything analogous to any of the foregoing under the law of any applicable jurisdiction occurs in relation to that other party.
9.3 Upon termination of these Conditions for whatever reason, the Company shall delete the Client's Service from its Server without any liability whatsoever.
9.4 Termination of these Conditions shall be without prejudice to any other rights or remedies a party may be entitled to thereunder or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision on or after such termination. Subject to the foregoing, neither party shall thereafter have any further obligation to the other under these Conditions;
9.5 Upon termination of these Conditions for whatever reason all due or outstanding fees and expenses owed by the Client to the Company shall forthwith become due and payable.