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10-12-2018 : 3:32

6 Security

6.1 In order to secure your use of the Services, the Company will issue You with passwords to enable You to use the Services. The passwords are essential for your use of the Services so You must ensure that they are kept confidential, secure and used in accordance with any relevant instructions.
6.2 In the event that the Company believes that there is likely to be a breach of security and/or misuse of the Services the Company:

  • 6.2.1 reserves the right to change your passwords and notify You that it has done this; and/or
  • 6.2.2 suspend your password access to the Services.

6.3 If you think that any of your passwords have become known to someone not authorised by You then You should inform the Company immediately.
6.4 It may be necessary for the Company to install software onto Your system and access it by remote control in order to provide the Services. You agree that You will install the software on receipt of it from the Company.

7 Warranties and Liability

7.1 The Company warrants to You that the Services will be provided using reasonable care and skill and will be of satisfactory quality within the meaning of the Sale of Goods Act 1994 and the Supply of Goods and Services Act 1982 . Where The Company supplies in connection with the provision of the Services any goods or services supplied by a third party (including but not limited to Third Party Software), the Company does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to You the benefit of any warranty, guarantee or indemnity given by the person supplying the goods and/or services to the Company.  Third Party Software may have its own terms and conditions.  They will be displayed online.  You must comply with those terms and conditions.  The Company shall not be liable in the event that You suffer loss as a result of any failure to do so.
7.2 The Company shall have no liability to You for any loss, damage, costs, expenses or other claims for compensation arising from any lawful exercise of the Company’s rights or remedies under these Conditions including without limitation (i) the suspension of access to the Services, (ii) the deletion, corruption, loss or removal of data, files or material stored on Your Website (iii) undelivered emails where the “Mailscanner” service is used (iv) the removal of Your Website from a server (v) any instructions supplied by You or Your Information which is incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of You (vi) any other fault attributable to You.
7.3 Except in respect of death or personal injury caused by the Company’s negligence The Company shall not be liable to You:

  • 7.3.1 by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by You; and
  • 7.3.2 the entire liability of The Company under or in connection with the Contract shall not exceed the amount of the Fees paid by You under the Contract.

7.4 Nothing in these Conditions affects your statutory rights as a consumer.

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