Terms and Conditions

1.1 The terms and conditions (“Terms and Conditions”) set out below govern all of the supply of Products and Services from Webhosting Services Limited (Company number: 207127194) (“WHS”) to the customer as specified in the Order Confirmation (as defined below) (“you”, “your”). They will replace all earlier Webhosting Services Limited Ltd terms and conditions, and any conditions contained in any document / articles / knowledge base used by you and purporting to have contractual effect. Your acceptance of any Products and Services from WHS indicates your acceptance of these Terms and Conditions.

1.2 Definitions In these conditions, “Software”,  “Hardware”, “Vendors” includes all relevant documentation, manuals, articles, printed and written matter as supplied to you from time to time; “Order Confirmation” means WHS’s confirmation of your order in respect of the Products; “Products” means computer hardware and software, peripherals, accessories, Software and other goods or services (“Services”) of any kind which are supplied by WHS.

1.3 Your terms and conditions are not acknowledged even if WHS has not expressly objected to these. By placing an order at WHS (and its brands) for any product or service you expressively accept these Terms and Conditions and are waiving your right to rely on any other terms or conditions (including, for the avoidance of doubt, your standard terms and conditions). Any deviations, supplements and / or additional agreements to these Terms and Conditions always require an express written agreement with WHS to become effective. Any other conditions not included in these Terms and Conditions are only binding if WHS has acknowledged them in writing, in which case WHS’s Terms and Conditions apply to complement such conditions and if there are any inconsistencies between such conditions and these Terms and Conditions, then these Terms and Conditions shall prevail to the extent of such inconsistencies.

1.4 All orders, contracts and any specific assurances / guarantees from WHS require written confirmation by WHS. Also, the waiver of the written form can only be made under a written agreement or such on the web platforms and no failure or delay by WHS to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

2.1 The price of the Products shall be the price set out in the Order Confirmation (amount, currency, VAT, fees and other additional costs).

2.2 Prices and pricelists may be amended by WHS without notice to you prior to WHS sending you the Order Confirmation. After WHS sends you the Order Confirmation the provisions of paragraph 2.6 below shall apply.

2.3 The only prices binding on WHS and you are the prices displayed in the Order Confirmation for each order by you.

2.4 Prices include VAT or other applicable sales taxes, and you shall, on receipt of a valid VAT / sales tax invoice from WHS, pay to WHS such additional amounts in respect of VAT / sales tax as are chargeable on the supply of the Products.

2.5 A commercial packaging of the Products supplied by WHSto you is included in the prices set out in the Order Confirmation. Other ancillary services or costs, including (without limitation) in relation to freight, toll, insurance, environmental, handling and transportation charges will be invoiced to you separately if there are such.

2.6 WHS reserves the right to increase the price from that set out in the Order Confirmation at its discretion if, after confirming the order, cost increases occur, including (without limitation) as a result of agreed changes in the specifications between WHS and you, or changes in any taxes, duties or levies charged on or in relation to price increases by Suppliers / Vendors or exchange rate fluctuations.

3.1 Any information provided by WHS to you or any representative of you from time to time in promotional materials and / or on-line shall be construed at law as an invitation to treat only, and shall be nonbinding on WHS. Such information may be valid only for a limited time. In no way shall such information be construed as an offer to conclude a contract of sale / purchase agreement.

3.2 A contract is only concluded with a written or digital agreement (an agreement form) – i.e. by letter, fax, e-mai or form confirmation – Order Confirmation sent or provided (on order pages in most casez) by WHS to you.

3.3 Content and scope of Products to be delivered by WHS are determined in the Order Confirmation sent to you by WHS. WHS is not obliged to provide any additional installation, configuration and data back-up services from what is presented in the offer / information pages unless the rendering of such services is agreed in writing between WHS and you.

3.4 WHS reserves the right to change the Products (including, without limitation, the description of the Products), at its discretion, especially in the course of product improvements / developments, provided that this does not detrimentally affect the performance of the Products as agreed between WHS and you.

4.1 WHS may invoice you for the Products (including, without limitation and for the avoidance of doubt, for any Software) at any time upon or after sending you the Order Confirmation.

4.2 Unless WHS has agreed to extend credit to you, you must pay WHS in cash, by bank transfer, PayPal or credit card (depending on the payment gateaway the brand uses) into WHS’s bank account as WHS will notify to you in writing (including, without limitation, by email) or by credit card, as soon as reasonably practicable after WHS has sent you the Order Confirmation and, in any event, in advance of the Products being delivered to you.

4.3 Where WHS has agreed in writing to extend credit to you, you must pay in full within 14 days of delivery of the Products to you. Your payment is made only when funds have fully cleared through the banking system into WHS’s bank account.

4.4 You agree to pay for the Products in full and cleared funds without deduction or set-off and to pay VAT pursuant to paragraph 2.4 and to pay any other government duties, levies and/or taxes in respect of the Products.

4.5 If payment is not made in full by the due date pursuant to either paragraph 4.2 and/or paragraph 4.3, WHS is entitled to charge you interest on the unpaid overdue balance at the rate of 100% per annum above the current overdraft rate charged by WHS’s bankers, compounding monthly on the unpaid balance owing on the first day of each month until payment in full is received by WHS if you still use the service without any payment made, and WHS may charge you costs incurred (including collection costs and legal costs on a solicitor-client basis) and suspend delivery of further Products or performance of further services until the account is paid. WHS’s right to claim further damages remains unaffected by this paragraph.

4.6 Subject to the remainder of this paragraph 4.6, you are only entitled to offset your claims against WHS’s liabilities if your claims against WHS are undisputed or recognised by a court of competent jurisdiction. If any Product that you have ordered is faulty, and WHS agree in writing that there is such a fault, then you may withhold payment in respect of the invoice in relation to that particular Product only, and only to the extent that such a fault remains unresolved and/or unremedied by WHS.

4.7 WHS has sole discretion to determine the amount of credit it will extend to you at any time.

4.8 Notwithstanding paragraphs 4.2 and 4.3 above, all payments shall immediately become due by you to WHS if WHS reasonably believes that the information which you have given WHS in your application for credit is incorrect or no longer correct and you have failed to give WHS correct information satisfactory to WHS within 5 days of WHS’s request, if you become subject to any of the events listed in paragraph 12.2 or if you fail to comply with any of the provisions of these Terms and Conditions.

5.1 Subject to approval by the relevant Supplier(s) and Vendor(s), WHS may from time to time offer special quotes and/or prices to you for a specific project with you. Any such discounted prices will be set out in the Order Confirmation / Process and, for the avoidance doubt, shall be subject to the terms set out in paragraph 2.

5.2 You undertake to comply with all terms in regards to the specific project (including, without limitation, these Terms and Conditions and the Order Confirmation) and, in particular, keep all related documents such as delivery notes and invoices available for a minimum period of 12 months after receipt of such information and to submit these on request of WHS and/or the Supplier (as the case may be).

5.3 Where approval from the Supplier has not been or cannot be obtained or where you breach any terms and conditions that the Supplier has in place from time to time, WHS has the right, at its sole discretion and without prejudice to its right to further claims, to charge you for the difference between the special price confirmed for the specific project and the regular purchase price of the Products invoiced.

6.1 WHS will use reasonable endeavours to ensure that delivery of Products and performance of Services is on time, however, delivery dates and deadlines are always subject to change and are given as guidelines only, without being binding on WHS.

6.2 Partial deliveries of Products by WHS are allowed and can be invoiced separately to you.

6.3 For the avoidance of doubt, time shall not be of the essence in relation to any estimated delivery dates given by WHS to you.

6.4 Delivery and performance dates shall be reasonably extended for the benefit of WHS in case of disturbances due to force majeure and other reasons beyond the reasonable control of WHS, including (without limitation) disruptions in the delivery by Suppliers, strikes, lockouts, operational disruptions or inclement weather. WHS reserves the right to and you are entitled to withdraw from the contract if delivery delay caused by such events lasts for longer than six weeks.

6.5 WHS will not be liable to you for any loss or damage arising in any way from any delay in delivery or performance.

6.6 You are responsible for insurance and risk in the Products from the time they are handed to the carrier to when they are received by you from the carrier, or from when they are collected by you or your agent and/or other authorised representative from WHS’s premises (as notified to you in writing prior to your collection of the Products). For the avoidance of doubt, where the Products are collected by you from WHS’s premises, delivery is deemed to take place from your collection of the Products, and if the Products are being delivered to you by a carrier then delivery shall take place from when the Products are handed by WHS to the carrier for transportation to you at a location as agreed in writing between WHS and you prior to delivery.

6.7 You agree to pay and/or reimburse (as the case may be) WHS for all delivery costs.

6.8 Where you ask WHS to deliver goods directly to another person and that person takes possession of the goods for you as your agent and/or authorised representative, you are nevertheless still directly responsible to WHS under these Terms and Conditions.

6.9 The risk of damage or loss of the Product (other than Software) shall be transferred from WHS to you at the time the Product is handed over to the carrier in preparation for transportation of the Product to you.

6.10 The delivery of Software shall be deemed to have taken place upon WHS sending or integrating you a licence key in order to download and/or use the Software (any Software will include the Suppliers’ terms and conditions of use and you will be deemed to accept any such terms and conditions of use upon your use of the Software).

7.1 WHS retains property, title and ownership to all Products supplied to you, whether in their original form or incorporated in or attached to another product, until receipt of full payment in cleared funds by WHS from you of the price for the Products and all related amounts owed, including (without limitation) future receivables and/or any amounts owed by you to WHS pursuant to paragraph 2.5.

7.2 You must not pledge or transfer ownership of Products where title has not fully passed to you pursuant to paragraph 7.1. If you become subject to any of the events listed in paragraph 12.2, you will inform all relevant parties about WHS’s ownership in such Products and notify WHS immediately in writing.

7.3 Where WHS reasonably believes you are or will be in breach of any part of paragraphs 4 and/or 7 of these Terms and Conditions, WHS or WHS’s agent may without notice enter any premises under your control to remove any Products which are the property of WHS, whether or not those Products are installed in or attached to any other goods, and without prejudice to any other of WHS’s rights. You shall indemnify WHS against all losses, costs and/or claims in respect of WHS’s exercise of WHS’s rights under this paragraph 7.

7.4 You are obliged to treat the Products for which title has not passed pursuant to paragraph 7.1 with all reasonable care, in particular you are obliged to insure them (with a reputable insurer) at your own expense against fire, water and theft at replacement value. Products delivered for testing and demonstration purposes shall remain the property of WHS. You are obliged to handle the Products with proper care and store them in a manner to enable them to be identified and cross referenced to particular invoices provided to you by WHS. You are allowed to use such Products only within the terms agreed. It refers to self hosted hardware mainly.

7.5 Quotations, system analysis, project documents, drawings, samples, drafts and other documents or sensitive data of WHS provided to you before a contract is concluded, may not be copied, used by you nor otherwise disclosed to any third party.

8.1 It is your sole responsibility to ensure that you are clear as to the functionality, design and/or other features of the requested Products. For the avoidance of doubt (subject to paragraph 10.1) WHS shall have no liability in respect of any one or more of these matters.

8.2 You must check the Products (or, in the case of Software, test the relevant Software to ensure that it is working) immediately upon receipt for completeness, compliance with the delivery documents and defectiveness. If no written complaint within seven (7) days from the delivery date has been made by you, the Products are considered as irrevocably accepted by you, unless it concerns a defect which was not detectable at the time of first inspection by you.

8.3 If the delivered Products show visible damages or missing parts then you must record them on the notice of receipt of the transport company in writing upon delivery. The note must clearly state the damage or the shortfall.

8.4 In case Services have to be provided within your business environment and/or your premises, you must ensure that such services can be provided properly (including, without limitation, that the relevant area is clear and safe for any installations required in respect of the Services). If this is not the case and for this reason the Services cannot be provided as expected, you shall bear sole responsibility. You will support WHS by ensuring, using your best endeavours and at your own expense, that the agreed Services can be provided by WHS and provide WHS with all information and documents necessary for the provision of the relevant Services. Should you not comply with your obligations under this paragraph 8.4, WHS is not obliged to perform the relevant Services.

8.5 If you are in default of any of your obligations under these Terms and Conditions or you provide any relevant information or carry out any action as required under these Terms and Conditions, then you are obliged to indemnify WHS for any costs, losses and/or expenses incurred by WHS due to any default, delay or omission on your part.

9.1 WHS does not manufacture any of the Products and therefore, to the fullest extent permitted by law (and subject always to paragraph 10.1), all warranties, conditions and other terms in respect of quality, defects in design, workmanship, conformity with description and/or fitness for purpose are excluded and WHS makes no representations in respect of the same. Instead, WHS will use reasonable endeavours to pass on the benefit of any warranties of any Supplier in respect of the Products onto you, and you shall use any Software in accordance with the terms of any end user licence agreements that any Supplier may have in place from to time.

9.2 Upon receipt of written notice from you as to defects in quality, workmanship or otherwise in respect of the Products, WHS shall use its reasonable endeavours to contact the Supplier(s) of the relevant Products and provide them with reasonable details of the relevant defect for them to respond to you directly. For the avoidance of doubt, WHS shall not be liable or responsible for any response (or failure to respond) on the part of any such Supplier.

9.3 WHS’s obligations under paragraph 9.2 do not apply where the relevant Products have been altered, modified and/or otherwise changed by you and / or a third party without the prior written consent of WHS, where you have not used the Products in accordance with either WHS’s instructions, where the issue with the Products is caused by fair wear and tear, where you have used parts and/or accessories with the Products that have not been approved by WHS and/or the Supplier, and/or where WHS has had to alter the Products pursuant to paragraph 3.4. In addition, WHS’s obligations do not apply to Software that is not used by you and / or a third party in the agreed system environment (as WHS may notify you in writing from to time).

9.4 You undertake that you shall not bring any warranty claims against WHS directly (as you acknowledge that WHS does not manufacture any of the Products) whether in relation to defects in the Products or otherwise.

9.5 You acknowledge that WHS has no control over the actions of the Supplier in relation to any defective Products; therefore, you undertake that you will not bring any claim against WHS for any failures or inaction on the part of any Supplier to repair and/or replace any such Products.

9.6 Furthermore, you acknowledge that in any case a defect is existent only when it is notified in detail immediately after discovery by you in writing to WHS and comprises a relevant and reproducible error. Any warranty by the Supplier is excluded for defects which are caused by: a) insufficient maintenance of the Products by you; b) failure to observe the operating or installation instructions in relation to Product; c) inappropriate use of the Products; d) use of non-approved parts and accessories; e) common wearing of any Product; f) improper handling or transportation of the any Product; g) modifications or repair attempts in relation to any Product; and / or h) external influences, in particular, force majeure (e.g. failure of the power supply or the air-conditioning, natural hazards) and other reasons for which neither WHS nor manufacturer / supplier are responsible for.

9.7 Where WHS and/or the Supplier replaces any faulty Product for you then you must, at your own cost, within 30 days after receipt of the replacement Product, send to WHS the faulty Product. In the case of Software, copies of Software may not be retained by you. Upon WHS and/or the Supplier receiving the faulty Product, if WHS and/or the Supplier (as the case may be) deem the Product not to be faulty, then WHS will be entitled to charge you for the replacement Products.

9.8 If you have made any warranty claims and no defect existed, you are liable for its claim and has to reimburse WHS for any costs incurred (whether in relation to contacting the Supplier or otherwise). Additionally, WHS can claim reimbursement of cost incurred on such claims made by you where you have not provided any evidence of any such defect.

9.9 The assignment of any claims by you under this paragraph 9 is not permitted, unless WHS expressly approves such assignment in writing.

10.1 Nothing in these Terms and Conditions shall limit or exclude WHS’s liability for: a) death or personal injury caused by WHS’s negligence, or the negligence of any of WHS’s employees, agents or subcontractors (as applicable); b) fraud or fraudulent misrepresentation; c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; d) defective products under the Consumer Protection Act 1987; or e) any other matter in respect of which it would be unlawful for WHS to exclude or restrict liability.

10.2 Subject to paragraph 10.1: a) WHS shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Terms and Conditions and/or the Order Confirmation; and b) WHS’s total liability to you in respect of all other losses arising under or in connection with these Terms and Conditions and/or the Order Confirmation, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products and/or labour costs incurred in respect of any Services.

11.1 Orders are processed in WHS with the help of automatic data processing. You hereby warrant that you have all necessary consents in place in order to allow WHS to process any Personal Data (as defined in the Data Protection Act 1998, as amended or re-enacted from time to time) which WHS has obtained in the course of its business with you (including without limitation under these Terms and Conditions) and particularly in the context of contractual relations that are necessary for the correct processing of orders (including, without limitation, names, telephone numbers, email addresses and other identifiers). You further agree that WHS is allowed to use the data obtained from you during the course of business with you for the business purposes of WHS and, whenever required in the ordinary course of business, to pass these on to the Suppliers of the Products.

11.2 WHS reserves the right to request and collect data about you from commercial credit reporting agencies or credit insurers to obtain information regarding your creditworthiness and to report back data – in case of non-contractual settlement, e.g. filing of court order for undisputed claims, issued enforcement order or enforcement actions. The data will only be shared within WHS if this is necessary to protect the legitimate interests of WHS and if your interests are not compromised. In any case WHS will comply with the relevant data protection laws.

11.3 For the avoidance of doubt and notwithstanding any other provisions contained within this paragraph 11, where there are inconsistencies between the contents of this paragraph 11 and the Data Protection Act 1998 (as amended and/or re-enacted from time to time) or any other related or relevant data protection legislation, then the provisions under the Data Protection Act 1998 (as amended and/or re-enacted from time to time) or any relevant data protection regulations shall always prevail to the extent of such inconsistencies.

12.1 If you become subject to any of the events listed in paragraph 12.2, WHS may terminate these Terms and Conditions and any contract WHS has in place with you from time to time with immediate effect by giving written notice to you.

12.2 For the purposes of paragraph 12.1, the relevant events are:

a) you suspend, or threaten to suspend, payment of your debts, or are unable to pay your debts as they fall due or admit inability to pay your debts, or (if you are a company or limited liability partnership) are deemed unable to pay your debts;

b) you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement with your creditors;

c) (if you are a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with your winding up;

d) (if you are a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over you;

e) (if you are a company) the holder of a qualifying floating charge over your assets has become entitled to appoint or has appointed an administrative receiver;

f) a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets; g) (if you are an individual) you are the subject of a bankruptcy petition or order;

h) a creditor or encumbrancer of you attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 14 days;

i) any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which you are subject that has an effect equivalent or similar to any of the events mentioned in paragraph 12.2a) to paragraph 12.2j) (inclusive);

k) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;

l) your financial position deteriorates to such an extent that in WHS’s opinion your capability to adequately fulfil your obligations under these Terms and Conditions and/or any contract that is in place between you and WHS from time to time has been placed in jeopardy; and m) (being an individual) you die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or becomes a patient under any mental health legislation.

12.3 Without limiting WHS’s other rights or remedies, WHS may suspend provision of the Products (whether pursuant to these Terms and Conditions or otherwise) if you become subject to any of the events listed in paragraph 12.2a) to paragraph 12.2l), or WHS reasonably believes that you are about to become subject to any of them, or you fail to pay any amount due under these Terms and Conditions on the due date for payment.

12.4 Notwithstanding any other provisions in this paragraph 12, WHS may terminate these Terms and Conditions and any other contractual arrangements WHS may have in place with you from time to time with you without cause by giving you one week’s notice (whether oral or in writing).

12.5 On termination of these Terms and Conditions for any reason you shall immediately pay WHS all of WHS’s outstanding unpaid invoices and interest.

12.6 Termination of these Term and Conditions, however arising, shall not affect any of the parties’ rights, remedies, obligations and liabilities that have accrued as at termination.

12.7 Paragraphs which expressly or by implication survive termination of these Terms and Conditions (if any) shall continue in full force and effect.

13.1 All intellectual property in relation to the Products shall remain the property of WHS or any Supplier entitled to it (for the avoidance of doubt, in practice, virtually all the intellectual property rights in respect of the Products shall be owned by the Supplier), and neither WHS nor any of WHS’s Suppliers transfer any right, title or interest in any intellectual property to you.

13.2 You are not permitted to alter any Software, copy it, adapt it for use on non-compatible hardware or edit it in any other way, and you shall indemnify WHS against any costs, expenses and/or other losses incurred in respect of any breach by you of this paragraph 13.2 and/or of any other provisions in this paragraph 13 generally.

13.3 The use of each Product (whether software or hardware) is subject to the relevant licence terms and conditions of the relevant Supplier. You undertake to comply with those licence terms and conditions. In addition you undertake to comply with the general terms and conditions of each relevant Supplier, especially its marketing and sales obligations with special attention to the valid national and international export and compliance regulations including (without limitation) anti-corruption provisions.

13.4 You agree to dispatch the Products only under the trade marks under which they are supplied by WHS, and under no circumstances shall apply any other trade marks to any Product which is not a trade mark supplied by WHS. Any notes on the Products in regards to copyright, trademark or other intellectual property rights may not be removed, altered, concealed or made otherwise invisible by you. You are authorised only with prior written consent of WHS to translate supplied documentations for any commercial purpose.

13.5 You will inform WHS immediately if a third party raises any claims of infringement of any intellectual property rights (whether in relation to infringement of trade marks, copyright or otherwise) against you as a result of the use and/or sale of the Products and/or Services delivered. You will not acknowledge the alleged infringement of intellectual property rights and shall leave any dispute, including any extrajudicial settlement either to WHS or conduct any action in consultation with WHS or WHS’s Suppliers.

14.1 All contractual Products and technical expertise are delivered by WHS in compliance with the currently valid Export Control Act 2002 and/or EC DualUse Regulation and the US export regulations, and shall be used and remain in the country agreed with you according to your sales order information. If you intend to re-export any Products, you must comply with US, European and UK export regulations.

14.2 If you intend to export products supplied by WHS, you are required to enquire about the rules and regulations currently in force (including without limitation the Department for Business, Innovation and Skills, the US Department of Commerce and Office of Export Administration, Washington, DC 20230). Regardless of whether you indicate the final destination of the contractual Products supplied, it is your responsibility to obtain necessary approval of the relevant foreign trade authorities before exporting such Products. WHS has no obligation to provide any such information to you.

14.3 Any delivery of Products by you to a third party, with or without the knowledge of WHS, requires the simultaneous transfer of the export license conditions. You are liable to the full extent of non-compliance with the relevant provisions and/or regulations.

15.1 If you have headquarters outside Bulgaria, you must comply with the provisions of purchase tax and/or import turnover tax rules of the relevant Economic Area when purchasing the Products, in particular you must disclose the sales tax identification number as well as any other information necessary. You must indemnify WHS against any costs, expenses or other losses suffered or incurred by WHS pursuant to or as a result of your non-compliance with this paragraph 15.1. Any taxes / Vats will be calculated according to your location.

16.1 WHS reserves the right to alter these Terms and Conditions at its sole discretion from time to time by giving you written notice of the same.

16.2 You may not assign any rights or obligations under these Terms and Conditions.

16.3 If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph shall not affect the validity and enforceability of the rest of these Terms and Conditions.

16.4 Any notice required or permitted to be given by either party to the other under these Terms and Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified, pursuant to this provision to the party giving the notice.

16.5 No waiver by WHS of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

16.6 These Terms and Conditions are governed by the laws of England and any dispute under it shall be subject to the exclusive jurisdiction of the courts of England. The Vienna UN Convention (UNCITRAL) on the International Sale of Goods is excluded.

16.7 No party shall have any rights to enforce the terms contained within these Terms and Conditions other than you or WHS.

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