Course Bookings
1.0 HOW TO BOOK
Course bookings can be made by contacting the relevant Training Centre direct.
2.0 CONFIRMATION
2.1 When making a telephone booking, a purchase order and delegate names should be provided within 7 working days.
2.2 No contract between Mines Rescue Services Ltd t/a MRS Training & Rescue and the customer exists until an order has been accepted in writing by us.
3.0 PRICES
Quoted prices are exclusive of VAT.
4.0 PAYMENT
4.1 Invoices must be paid within 30 days of the date of invoice or otherwise in accordance with any credit terms agreed between us.
4.2 Payment can be made by cash, cheque, VISA/MasterCard or BACS.
4.3 Cheques should be made payable to MRS Training & Rescue.
4.4 MRS Training and Rescue reserves the right to claim interest and compensation for debt recovery costs at the statutory rate in accordance with late payment legislation.
4.5 No refund will be given for candidates who fail to complete the course or who do not achieve the required standard.
5.0 CUSTOMER CANCELLATION
5.1 Cancellation charges are as follows:
• More than 10 days prior to course commencement – 0%
• 6-10 days prior to course commencement - 50%
• 5 days or less prior to course commencement – 100%.
5.2 In the event that named individuals cannot attend a course MRS Training & Rescue will accept a named substitute providing written notice has been given along with any further documentation requirements deemed necessary by us.
5.3 Transferring to a course taking place on a different date will be treated as a cancellation followed by a new booking and the cancellation charges in 5.2 will apply.
5.4 If a delegate does not attend a booked course and has not cancelled it, this will be treated as cancellation by the customer with no notice given and will be billed in full.
6.0 MRS TRAINING & RESCUE CANCELLATION
6.1 MRS Training & Rescue reserves the right to cancel any course or change its dates or venue. In the event of a course being cancelled by us, a full refund of any fees will be given.
6.2 If a delegate is unable to attend due to changes made by us, a full refund of any fees will be made. No further compensation will be given.
7.0 CIRCUMSTANCES BEYOND A PARTIES CONTROL
Neither party is liable for any failure or delay in performing its obligations where such failure or delay results from any cause that is beyond the reasonable control or of that party. Such causes include, but are not limited to: power failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, government action or any other event that is beyond the control of the party in question.
8.0 CANDIDATE SUITABILITY
It is the responsibility of candidates (or the company placing the booking) to ensure their suitability for this training before purchasing.
9.0 USE OF COURSE MATERIALS
All training materials (videos, written materials and assessments) are supplied for the sole use of the candidate purchasing the training package. Copy or sharing these materials is forbidden.
10.0 RESOURCE REQUIREMENTS
10.1 Where applicable the customer should provide the necessary Personal Protective Equipment required for delegates on specific training courses.
10.2 Equipment and facilities provided by the customer must be deemed adequate and fit for purpose by us. Where this is not so, MRS Training & Rescue reserves the right to remove our staff at any point. In such instances, full cancellation charges will be payable by the customer
11.0 PRIVACY
MRS Training & Rescue (‘MRS’) is committed to ensuring that your privacy is protected and is compliant with General Data Protection Regulations. Our privacy policy explaining how we use the information we collect about you is available on our website https://www.mrsl.co.uk/about-us/policies.
12.0 LAW, DISPUTES AND JURISDICTION
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Equipment Sales
1. APPLICATION AND ENTIRE AGREEMENT
1.1. These Terms and Conditions apply to the provision of the Goods detailed in our quotation by Mines Rescue Service t/a MRS Training & Rescue, a company registered in England and Wales under number 3147253 whose registered office is at Leeming Lane South, Mansfield, NG19 9AQ (we or us) to the person buying the Goods.
1.2. You are deemed to have accepted these Terms and Conditions when you accept our quotation and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
1.3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2. DELIVERY
2.1. The quantity of Goods recorded by us on despatch from our place of business shall be conclusive evidence of the quantity received by you unless you can provide evidence proving the contrary.
2.2. If you fail to accept delivery of the Goods or if we are unable to deliver on time because you have not provided instructions or authorisations:
2.2.1. Risk in the Goods shall pass to you and
2.2.2. The Goods shall be deemed to have been delivered and
2.2.3. We may store the Goods until delivery, whereupon you shall be liable for all related costs and expenses (including, without limitations, storage and insurance); and
2.2.4. We may opt to cancel the contract without prejudice to a claim for loss of profit and/or cost and expenses.
2.3. Any delivery dates specified by us for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. We will make all reasonable endeavours to comply with any delivery date specified. If no delivery date is specified, delivery shall be within a reasonable time.
2.4. Subject to the other provisions of these Terms and Conditions we shall not be liable for any direct, indirect or consequential loss (all of these terms include, without limitation, economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges, or expenses caused directly by any delay in the delivery of the Goods nor shall any delay entitle you to terminate or rescind the contract unless such delay exceeds 90 days.
3. RISK AND TITLE
3.1. In the case of Goods to be delivered to your property, risk of loss of or damage to the Goods shall pass to you on delivery, unless you fail to take delivery, in which case such risk shall pass to you at the time when we have attempted to deliver the Goods. In the case of Goods which you are to collect from us, risk of damage or loss to the Goods shall pass to you at the time of collection.
3.2. Ownership of any Goods supplied shall not pass to you until full payment of the purchase price of the Goods and of all other amounts owing to us has been made (in cash or cleared funds). If you are late in paying any sum to us, then we shall be entitled to the immediate return of all Goods where ownership has not passed to you. You authorise us to recover any such Goods in such circumstance, and to enter any premises of yours for that purpose.
3.3. Demand for or recovery of the Goods by us shall not of itself discharge either your liability to pay the whole of the price and take delivery of the Goods or our right to sue for the whole of the price.
4. RETURNS
4.1. No order which has been delivered may be returned by (subject to Clause 6) except with our agreement and on terms that you shall indemnify us in full against all loss (including loss of profit), costs (including where applicable the cost of all labour and materials used), damages, charges and expenses incurred by us as a result of the return.
4.2. If we accept a return this may be subject to a restocking fee.
5. PRICE
5.1. The Price for the Goods is set out in the quotation.
5.2. You must pay us for any additional Goods or services that are not specified in the quotation at rates agreed at the time of performance or such other rate as may be agreed between us.
5.3. The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
6. WARRANTY
6.1. Subject to the other provisions of these Terms and Conditions we warrant that on delivery, the Goods:
6.1.1. Will be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
6.1.2. Will correspond with their specification; and
6.1.3. Shall be fit for purpose if the purpose has been expressed to us in writing.
6.2. We shall not be liable for a breach of either warranties in Clause 6.1 unless:
6.2.1. You give written notice of the defect to the Company, and, if the defect is as a result of damage in transit, to the carrier, within 7 days of delivery or, in case of a defect not apparent on reasonable inspection, within 14 days of the Buyer’s becoming aware of the defect; and
6.2.2. You are given a reasonable opportunity after receiving the notice of examining such Goods and you (if asked to do so by us) return such Goods to our place of business at your cost for the examination to take place there.
6.3. We shall endeavour to transfer to you any warranty or guarantee given to us however we shall otherwise not be liable.
6.4. We shall not be liable for a breach of warranty if:
6.4.1. You make any further use of such Goods after giving notice in accordance with Clause 6.2,
6.4.2. The defect arises by reason of fair wear and tear, wilful damage, failure of you to follow our oral or written instructions as to storage, use, installation, commissioning or maintenance of the Goods; or
6.4.3. You alter or repair the Goods without our written consent; or
6.4.4. You have not paid the Price for such Goods in accordance with the Contract.
6.5. Subject to Clause 6.2 and 6.4, if any of the Goods do not conform with the warranties in Clause 6.1 we shall at our discretion repair or replace the Goods (or the defective part) or refund the Price of such Goods at the pro rata rate provided that, if we so request, you shall return the Goods (or the part of the Goods which is defective) to us.
7. CANCELLATION AND AMENDMENT
7.1. We can withdraw, cancel or amend a quotation if it has not been accepted by you.
7.2. If you want to amend any details of the Goods, you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and any additional costs will be included in the Price and invoiced to you.
7.3. No order which has been accepted by us may be cancelled by you except with our agreement in writing and on terms that you shall indemnify us in full against all loss (including loss of profit), costs (including where applicable the cost of all labour and materials used), damages, charges and expenses incurred by us as a result of cancellation.
7.4. If we accept a cancellation from you this may be subject to a restocking fee.
7.5. If, due to circumstances beyond our control, including those set out in the clause below (CIRCUMSTANCES BEYOND A PARTY'S CONTROL), we have to make any change in the Goods or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
8. PAYMENT
8.1. Invoices must be paid within 30 days of the date of invoice or otherwise in accordance with any credit terms agreed between us.
8.2. Without limiting any other right or remedy we reserve the right to claim interest and compensation for debt recovery costs at the statutory rate in accordance with late payment legislation.
8.3. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
8.4. If you do not pay within the period set out above, we can suspend any further provision of Goods or Services and cancel any future orders which have been placed, or otherwise arranged with you.
8.5. Receipts for payment will be issued by us only at your request.
8.6. All payments must be made in British Pounds unless otherwise agreed in writing.
9. TERMINATION
9.1. We can terminate the provision of Goods and any associated Services immediately if you:
9.2. commit a material breach of your obligations under these Terms and Conditions; or
9.3. fail to make pay any amount due under the Contract on the due date for payment; or
9.4. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
9.5. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
9.6. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
10. INTELLECTUAL PROPERTY
We reserve all copyright and any other intellectual property rights which may subsist in any Goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
11. LIABILITY AND INDEMNITY
11.1. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
11.2. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
11.3. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
11.4. any indirect, special or consequential loss, damage, costs, or expenses or;
11.5. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
11.6. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
11.7. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
11.8. any losses arising directly or indirectly from the choice of Goods and how they will meet your requirements or your use of the Goods supplied.
11.9. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
12. HAZARDOUS ACTIVITIES
12.1 The Goods supplied by the Company are used “Hazardous Activities” including but not limited to work at height and confined space entry. Where Goods are used for Hazardous Activities, the Company does not take responsibility for their correct use. Goods used in Hazardous Activities should only be used by competent, informed and fully trained individuals who understand and accept the risks involved. Training in appropriate techniques and safety measures is the responsibility of the user of the goods and the Company does not assume any liability for risks, damage or injury which may arise from the use of the Goods in Hazardous Activities.
12.2 It is the responsibility of the Buyer to ensure that all technical data and instructions provided with the goods by the Company is supplied to the end user.
13. DATA PROTECTION
13.1. When supplying Goods to you, we may gain access to and/or acquire the ability to transfer, store or process personal data of your employees.
13.2. The parties agree that where such processing of personal data takes place, you shall be the 'data controller' and we shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
13.3. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.
13.4. We shall only Process Personal Data to the extent reasonably required to enable us to supply the Goods as mentioned in these terms and conditions or as requested by and agreed with you, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.
13.5. We shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict “need to know” basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
13.6. We shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by us on your behalf.
13.7. Further information about our approach to data protection are specified in our Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: headoffice@mrsl.co.uk
14. CIRCUMSTANCES BEYOND A PARTY'S CONTROL
Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
15. COMMUNICATIONS
15.1. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
15.2. Notices shall be deemed to have been duly given:
15.3. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
15.4. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
15.5. on the fifth business day following mailing, if mailed by national ordinary mail; or
15.6. on the tenth business day following mailing, if mailed by airmail.
15.7. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
16. NO WAIVER
No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
17. SEVERANCE
If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
18. LAW AND JURISDICTION
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Quotations
1. APPLICATION AND ENTIRE AGREEMENT
1.1 These Terms and Conditions apply to the provision of the goods and/or services detailed in our quotation (Services) by Mines Rescue Service t/a MRS Training & Rescue a company registered in England and Wales under number 3147253 whose registered office is at Leeming Lane South (we or us) to the person buying the services (you).
1.2 You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
1.3 You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2. SERVICES
2.1 We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
2.2 We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation.
2.3 All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
3. YOUR OBLIGATIONS
3.1 You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services. If you do not comply with this clause, we can terminate the Services. Where MRSL are required to perform services on your premises, you agree to provide a full and safe working environment for MRS Training & Rescue’s staff and contractors including any safety wear and equipment as may be necessary in performing the required services
3.2 You agree to ensure that MRS Training & Rescue staff are informed of all relevant health and safety requirements of Your site at the outset of any services performed.
3.3 You agree to have in place suitable employer’s liability and public liability insurance at all times that services are performed by MRS Training & Rescue on Your premises.
3.4 We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
4. FEES
4.1 The fees (Fees) for the Services are set out in the quotation and are on a time, materials, and expenses basis.
4.2 You must pay us for any additional services provided by us that are not specified in the quotation at rates agreed at the at the time of performance or such other rate as may be agreed between us.
4.3 The Fees are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
5. CANCELLATION AND AMENDMENT
5.1 We can withdraw, cancel or amend a quotation if it has not been accepted by you.
5.2 If you want to amend any details of the Services, you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
5.3 If, due to circumstances beyond our control, including those set out in the clause below (CIRCUMSTANCES BEYOND A PARTY'S CONTROL), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
5.4 Cancellation charges for training are as follows:
Transferring a candidate to a course taking place on a different date will be treated as a cancellation followed by a new booking and the cancellation charges detailed above will apply.
5.5 If a delegate does not attend a booked course and has not cancelled it, this will be treated as cancellation by the customer with no notice given and will be billed in full.
5.6 Cancellation Charges for Rescue Cover are as follows:
In both instance a day includes those of the weekend i.e. Monday to Sunday inclusive
6. PAYMENT
6.1 Invoices must be paid within 30 days of the date of invoice or otherwise in accordance with any credit terms agreed between us.
6.2 Without limiting any other right or remedy we reserve the right to claim interest and compensation for debt recovery costs at the statutory rate in accordance with late payment legislation.
6.3 All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
6.4 If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
6.5 Receipts for payment will be issued by us only at your request.
6.6 All payments must be made in British Pounds unless otherwise agreed in writing between us.
7. TERMINATION
We can terminate the provision of the Services immediately if you:
7.1 commit a material breach of your obligations under these Terms and Conditions; or
7.2 fail to make pay any amount due under the Contract on the due date for payment; or
7.3 are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
7.4 enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
7.5 convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
8. INTELLECTUAL PROPERTY
8.1 We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
9. LIABILITY AND INDEMNITY
9.1 Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
9.2 The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
9.3 We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
9.4 any indirect, special or consequential loss, damage, costs, or expenses or;
9.5 any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third-party claims; or
9.6 any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
9.7 any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
9.8 any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
9.9 You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
9.10 Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
10. DATA PROTECTION
10.1 When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.
10.2 The parties agree that where such processing of personal data takes place, the Customer shall be the 'data controller' and the Service Provider shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
10.3 For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.
10.4 The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.
10.5 The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors, or advisors on a strict “need to know” basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
10.6 The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.
10.7 Further information about the Service Provider's approach to data protection are specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: headoffice@mrsl.co.uk
11. CIRCUMSTANCES BEYOND A PARTY'S CONTROL
Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
12. COMMUNICATIONS
12.1 All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
12.2 Notices shall be deemed to have been duly given:
12.3 when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
12.4 when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
12.5 on the fifth business day following mailing, if mailed by national ordinary mail; or
12.6 on the tenth business day following mailing, if mailed by airmail.
12.7 All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
13. NO WAIVER
No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
14. SEVERANCE
If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
15. LAW AND JURISDICTION
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.