1 Definitions
1.1 In this Agreement (except where the context otherwise requires) the words and expressions set out below shall have the following meanings:
Agreement means the DIY Networks’ Terms and Conditions, and this DIY Networks Service Agreement
Appointees means any third party DIY Networks may appoint from time to time to act on its behalf.
Bank means bank, building society or other financial institution (at which you have an account) from which you wish to pay for the Services provided by DIY Networks.
Content means all information and material capable of being represented on a computer or Internet website including without limitation code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages and files.
Distance Selling Regulations means the Consumer Protection (Distance Selling) Regulations 2000.
Effective Date means the date when DIY Networks confirms acceptance of your offer to pay for the Service.
Fees means either backend service fees and / or fees associated with the design & creation of bespoke web related frontend products and services.
General Terms and Conditions means the terms and conditions which from time to time may be found at http://diywifi.net/diy/?page_id=122.
Hosting means provision of storage space for private & business web pages and associated files and documents, as well as any ancillary administrative functions to be provided by DIY Networks as more precisely described on the DIY Networks Website which description can be amended and / or updated by DIY Networks from time to time. A host computer is often referred to as a server. This service is available to the Internet 24 hours a day, 7 days a week to process requests and return information.
Initial Term means the term (which shall be a minimum of one year) of the Service Package that has been agreed, commencing from and including the Effective Date.
DIY Networks means DIY Networks, a UK company that is registered with Her Majesty’s Revenue & Customs as a Sole Trader.
DIY Networks Website means the Internet website [www.diywifi.net].
Option means a variation of the features included in your Package including but not limited to variations in the capacity of data transfer and the amount of disk space.
Order Date means the date you place your order with DIY Networks for the Service.
Package means a certain group of services offered by DIY Networks.
Renewal Term means the term of one year.
Service means the services offered and operated by DIY Networks as outlined at http://diywifi.net/diy/?page_id=10.
Upgrade means a Package offering more functionality and / or services than the Package originally agreed.
DIY Networks Terms and Conditions means the terms and conditions which can be found at http://diywifi.net/diy/?page_id=122.
Website means the Internet website provided to you by DIY Networks under the Agreement.
You means the Customer entering into the Agreement with DIY Networks, and your shall be construed accordingly.
1.2 In this Agreement, unless the context otherwise requires:
1.2.1 references to Clauses and Sub-clauses are to the clauses and sub-clauses in these Terms and Conditions, as may be amended in accordance with this Agreement;
1.2.2 the clause or other headings are for convenience only and shall not affect the interpretation of this Agreement;
1.2.3 words implying the singular include the plural and vice versa and words implying a gender include every gender; and
1.2.4 references to a person include an individual, firm, company, corporation, unincorporated body of people, or any agency of the above.
2 Supply of Service
2.1 You agree that the terms of this Agreement are binding on you from the Order Date. You agree that DIY Networks may start to provide the Service from the Order Date. You agree that your placing of an order is an offer by you which DIY Networks is free to accept or reject in its sole discretion.
2.2 DIY Networks shall supply the Service to you as soon as reasonably practicable. For server based Services this will be no later than 5 days beginning with the date DIY Networks receives your initial payment for the Service (the Period for Performance). For other Services this will be at a timeframe agreed with you.
2.3 DIY Networks shall inform you of any delay in the delivery of the Service as soon as reasonably practicable. If DIY Networks is unable to supply the Service within the Period for Performance, DIY Networks shall provide you with a full refund of the fees so far paid for the Service.
DIY Networks will pay any such refund to you as soon as is possible and in any event within a period of 30 days beginning with the day following the day the Period for Performance expired.
2.4 Subject to the terms of the Agreement, DIY Networks will at its sole discretion provide you with access to on-line resources and will provide hosting of Internet websites and hosting of domain name(s) and registration of domain name(s) as well as providing you with access to certain software to facilitate your use of the Service.
3 Amendment of terms
3.1 DIY Networks may update and change the Agreement (which includes the DIY Networks Terms and Conditions) from time to time at its sole discretion in order to fulfil any regulation or law now in force or enacted in the future. You agree that any such revision or change will be binding and effective 30 days after the posting of the revised Agreement. You agree that your continued use of the Service after any such modifications to the Agreement become effective indicates your agreement to these modifications. You acknowledge that if you do not agree to any such modifications, you may terminate this Agreement in accordance with its terms.
3.2 You undertake to always review the most recent version of the DIY Networks at the URL where these can be found.
4 Description of the Service
A description of the different Packages and Options available to you under the Service can be found at http://diywifi.net/diy/?page_id=25.
5 Warranties
5.1 Except insofar as is prohibited by law, DIY Networks excludes all express or implied warranties including without limitation any warranties as to fitness for purpose and any express or implied warranties that might arise from a course of dealing, usage or trade practice.
5.2 DIY Networks warrants to you that the Service will be provided using reasonable care and skill but that at all times this may be subject to downtime caused by routine or emergency maintenance by DIY Networks or downtime occasioned by third parties.
5.3 For the avoidance of doubt, nothing in the Agreement obliges DIY Networks to list or link to your domain name or Website or provide website hosting services in connection with your domain name or Website beyond those provided within the Service. You agree and acknowledge that the registration of your chosen domain name does not confer immunity on you from objection by any other party to either the registration or use of your domain name.
5.4 You agree and acknowledge that:
(a) your Website may be subject to interventions by a non-authorised third party, and as a consequence may be corrupted;
(b) that any information placed on the Internet is not protected against copying, possible diversions and possible viruses;
and
(c) that any third party is able to create a link giving access to your Website without your agreement.
5.5 You warrant that you:
(a) have all necessary power and authority to enter into this Agreement; and
(b) (in the case of individuals) are over 18 years of age.
6 Limitation of liability
6.1 Nothing in this Agreement shall exclude or limit the liability of DIY Networks for:
(a) death or personal injury resulting from its negligence or the negligence of any of its servants or agents;
(b) fraudulent misrepresentation; or
(c) any other liability which is prohibited from being excluded by law.
6.2 You acknowledge and agree that DIY Networks will have no liability whatsoever under this Agreement, including without limitation any liability to you or any third party for:
(a) any losses whatsoever caused by downtime to the Service; or
(b) any damage of any type suffered as a result of the loss of confidentiality of information stored on the Internet.
7 Indemnity
You agree to fully indemnify and hold harmless DIY Networks from any claims, liabilities and expenses (including without limitation legal expenses) arising as a result of or in connection with this Agreement and the provision of the Service to you.
By using the services offered by DIY Networks you agree to indemnify DIY Networks and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including legal fees, arising from your use of DIY Networks, your use of the Products and Services it provides, or your submission of ideas and / or related materials to DIY Networks or from any person’s use of any account or password you maintain with any portion of the DIY Networks infrastructure, regardless of whether such use is authorized by you. By using DIY Networks facilities, Products and Services, or submitting any ideas and / or related materials to DIY Networks, you are hereby agreeing to release DIY Networks and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and / or to the Products and Services or to any disputes regarding use of ideas and / or related materials submitted to DIY Networks. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
8 Restrictions
8.1 All websites and other materials submitted to DIY Networks by you in connection with the Service must comply with the requirements and limitations set out in this Service Agreement.
8.2 DIY Networks reserves the right to refuse to host or continue to host any Website or any Content:
(a) which DIY Networks believes, in its sole discretion, offers for sale goods or services or uses or displays materials that are illegal, defamatory, obscene, vulgar, offensive, dangerous, menacing or are otherwise inappropriate;
(b) in connection with which it has received complaints;
(c) has become the subject of a government complaint or investigation; or
(d) which DIY Networks believes, in its sole discretion, violates or threatens to violate the letter or spirit of this Agreement.
8.3 DIY Networks and its Appointees have the right (but not the obligation) in their sole discretion to refuse or to remove any Content that is available via the Service. Without prejudice to the foregoing, DIY Networks and its Appointees shall have the right to remove any Content which violates any of DIY Networks’ terms and conditions from time to time in force or which is otherwise objectionable in DIY Networks’ sole discretion.
8.4 DIY Networks reserves the right to impose limits on the amount of storage space available to you on DIY Networks’ allocated server space, to vary any such limits and to delete or refuse to accept material which exceeds such limits.
8.5 You agree that you will not use any products or services of DIY Networks in violation of any of DIY Networks’ Terms and Conditions governing their use from time to time in force.
8.6 You may use the Service offered by DIY Networks for certain limited commercial purposes. However, in doing so, you expressly agree that:
(a) you are responsible for all goods and services offered all materials used or displayed and all acts or omissions that occur in connection with the Website or your account or password;
(b) you will display on the Website contact information, including at a minimum:
- (i) if you are an individual, your first name, last name and address; and
- (ii) if you are a company, the company’s name, registered office, company number, telephone number, fax number, e-mail address and the name of the publication manager and the managing director;
(c) you agree to keep such information complete, accurate and up-to-date;
(d) you may not resell, assign or transfer your rights or obligations under the Agreement;
(e) you may not use the Service in a manner that principally provides hosting, storage, or other similar resources to third parties; and
(f) you represent and warrant that you have the full power and authority under all relevant laws and regulations to offer and sell the goods and services offered, including but not limited to holding all necessary licenses from all necessary jurisdictions to engage in the advertising and sale of the goods or services offered.
9 Your obligations
9.1 In order to use the Service, you must obtain access to the Internet (either directly or through devices that access web-based content) and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet including without limitation a computer and modem or other access device.
9.2 You acknowledge that all fees for the Service are exclusive of any telecommunication fees. All telecommunication fees incurred by you in connection with the use of the Service remain solely and at all times your responsibility.
9.3 You agree to pay the fees as set out in greater detail in Clause 18 of this Agreement.
9.4 You agree to comply with all other obligations contained in this Agreement.
10 Collection of personal data
10.1 Notwithstanding the restriction on storing and collecting personal data about other users as outlined in the DIY Networks Privacy Policy, you may collect and store the personal data of visitors to your Website. However, in doing so you, expressly agree that:
(a) you will inform all visitors to your Website that you are collecting such information and clearly disclose all the uses you will make of such information;
(b) you will use such information only in a manner consistent with your disclosures, applicable laws and government regulations, including by way of example and without limitation applicable laws and government regulations regarding “spam” and the unsolicited mass distribution of information;
(c) you will provide such visitors with an easily accessible mechanism for “opting-out” of mailings (or other contact) from you;
(d) if any such visitor requests or if DIY Networks requests on behalf of any such visitor that you remove all information relating to such visitor from your databases and other records (whether maintained with DIY Networks or elsewhere) then you will promptly remove such information from your databases and other records;
(e) you will comply with all other limitations outlined in the DIY Networks Terms and Conditions and comply with all applicable law including without limitation the Data Protection Act 1998, Directive 95/46/EC and any data protection regulations applicable in any other territories or countries other than the United Kingdom.
11 Proprietary rights
11.1 Your use of the Service does not give you any rights in relation to any intellectual property rights which belong to DIY Networks. The ‘DIY Networks’ name is a registered company name with Her Majesty’s Revenue & Customs.
11.2 DIY Networks grants you a non-exclusive non-transferable royalty-free licence to use any software which forms part of the Service for the duration of this Agreement.
11.3 You grant DIY Networks a world-wide royalty-free non-exclusive licence for the duration of this Agreement to:
(a) reproduce, display, distribute and promote your Website and your Content on DIY Networks’ Internet websites; and
(b) do all other such acts as may be necessary by DIY Networks to provide the Service.
11.4 You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
11.5 You acknowledge and agree that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated.
12 Your agreement with Namesco (UK) or MM Hosting (US) if you do not have a domain name
12.1 DIY Networks has chosen Namesco & MM Hosting to provide domain name registration services. If applicable, you hereby authorise DIY Networks to acquire your selected domain name from Namesco or MM Hosting.
12.2 In order to receive a domain name, you must agree to Namesco or MM Hosting terms and conditions located at http://www.names.co.uk/legal.html & http://www.mmhosting.com/tos.shtml respectively, as may be amended from time to time. You acknowledge and agree that you are creating a separate contractual relationship between you and Namesco or MM Hosting and that you are responsible for all fees, liabilities, and obligations in connection with that relationship.
You agree that your obligations to indemnify DIY Networks under “Indemnity” in the Agreement includes any claim or demand associated with your domain name, any domain name pre-registration services provided through the Service or Namesco or MM Hosting terms and conditions.
12.3 You will be listed as the registrant and administrative contact for your domain name unless you nominate another registrant and administrative contact, in which case such person must enter into an agreement directly with Namesco or MM Hosting and will also be bound by this Agreement in addition to you.
12.4 If you choose a registrant and administrative contact other than yourself you hereby authorise DIY Networks to list such third party as the billing contact, technical contact and nameserver in connection with your domain name and to take any action DIY Networks deems appropriate in those capacities. Upon termination of the Service for any reason, DIY Networks reserves the right to immediately cease acting in those capacities and to transfer your account to a sub-contractor for collection of past-due amounts.
In the event of such transfer, you authorise DIY Networks to serve as the billing contact, technical contact and to allocate a nameserver in connection with your domain name, and to take any action DIY Networks deems appropriate in those capacities. Upon termination of the Service, DIY Networks will not be responsible to forward any notices, e-mails or other correspondence to you or to take any other actions in connection with your domain name. You will be solely responsible for all ongoing fees, as well as removing DIY Networks as the billing, technical contact and the allocated nameserver in connection with your domain name unless DIY Networks notifies you otherwise.
You agree that if your use of DIY Networks’ chosen domain name registration services is challenged by a third party you will be subject to the provisions specified in the agreement with Namesco or MM Hosting in effect at the time of the dispute.
13 Domain Name Disputes and Transfers
13.1 You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold harmless DIY Networks pursuant to this Agreement.
13.2 If DIY Networks is notified that a complaint has been filed with a judicial or administrative body regarding your use of DIY Networks’ chosen domain name registration services you agree not to make any changes to your domain name record without DIY Networks’ prior written approval. DIY Networks may not allow you to make changes to such domain name record until
(a) DIY Networks is directed to do so by a judicial or administrative body; or
(b) DIY Networks receives notification from you and the party contesting your registration and use of DIY Networks’ chosen domain name registration services that the dispute has been settled.
13.3 You agree that if you are subject to litigation regarding your registration and use of DIY Networks’ chosen domain name registration services, DIY Networks may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate. You agree that you will comply with all court orders, domestic or international, directed against you and / or the domain name registration.
13.4 You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the date your domain name registration was effected through DIY Networks. After such time you may transfer your domain name registration to a third party of your choice.
14 Moving an existing domain name to DIY Networks
14.1 If you have registered your domain name with another provider, you can use that domain name under the Service. However, in order for you to use the services provided by DIY Networks you must request (or request DIY Networks to do this on your behalf) that the original registrar change the nameservers for the domain name to those that will be designated by DIY Networks.
14.2 If you choose to use a domain name under the Service that you have already registered with another provider, the fees payable to DIY Networks for the Service will not include the registration fees payable by you to that other provider. You will be solely responsible for all ongoing fees for that domain name with that other provider (including renewal fees).
15 Restrictions on domain names
15.1 You agree that if you license the use of your domain name to a third party you will remain responsible for complying with this Agreement and you accept liability for any harm caused to DIY Networks by such licensee’s wrongful use of DIY Networks’ chosen domain name registration services.
15.2 All domain name registrations must be in a paid status to be transferred, deleted, modified, or for you to otherwise request DIY Networks to alter the domain name record or to provide a domain name-related Service. Domain name registrations in an unpaid status are routinely deleted on a regular basis.
15.3 DIY Networks does not guarantee the security of your domain name registration records and you agree to assume all risks should the security option you select be compromised as a result of fraudulent, unauthorised or illegal activity.
16 Data protection
16.1 You agree that you have read, understood and consented to DIY Networks’ data protection policy located at http://diywifi.net/diy/?page_id=116 and agree that DIY Networks will not disclose your personal details to third parties unless you have given your consent to DIY Networks doing so.
16.2 Subject to the requirements of DIY Networks’ Privacy Statement (available at http://diywifi.net/diy/?page_id=116 and incorporated herein by reference) you hereby grant to DIY Networks the right to disclose to third parties through an interactive publicly accessible registration database or Who Is database the following information in order for DIY Networks to comply with the current rules and policies for the domain name system:
(a) the domain name(s) registered by you;
(b) your full name and postal address;
(c) the name(s), postal address(es), e-mail address(es), voice telephone number(s) and where available the fax number(s) of the technical and administrative contacts for your domain name(s);
(d) the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s);
(e) the corresponding names of those nameservers;
(f) the original creation date of the registration; and
(g) the expiration date of the registration.
16.3 The accredited domain name registrars used by DIY Networks are required to make the information in Clause 16.2 available in bulk form to third parties who agree not to use it to:
(a) allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via telephone, facsimile, or e-mail (“spam”); or
(b) enable high volume, automated, electronic processes that apply to DIY Networks’ systems to register domain names.
16.4 You warrant that all of your personal data and contact details are accurate and complete and warrant to keep this data up to date. You agree that DIY Networks may send notices or other information to you at your address or e-mail address. Subject to this Agreement DIY Networks will not pass your data to other companies without your express prior written consent. However, you hereby agree that de-personalised data may be subject to analysis and research, and may be passed to third parties for this to be undertaken.
16.5 If you breach this Agreement DIY Networks may take such steps as it considers appropriate and proportionate to investigate and resolve any relevant matters. Without limitation, you hereby authorise DIY Networks to use your personal data and other information relating to your use of the Service in connection with any such investigation including disclosing it to any third party whom DIY Networks considers has a legitimate interest in any such investigation or its outcome.
16.6 You may be subject to a credit reference check. You hereby authorise DIY Networks to disclose any information you provide to a licensed credit reference agency (which will retain a record of the credit check).
17 Duration
17.1 Unless terminated earlier in accordance with its terms this Agreement will commence on the Effective Date for the Initial Term after which it may be [automatically] renewed for successive Renewal Terms.
17.2 Any renewal of the Service with DIY Networks is subject to all relevant terms and conditions as may be imposed by DIY Networks including without limitation successful completion of any applicable authentication procedure and payment of all applicable Service fees at the time of renewal and in the case of domain name re-registration, the domain name registry’s acceptance of your domain name registration.
18 Fees
18.1 In consideration for the Service provided to you, you agree to pay DIY Networks the applicable fees (as set out on the DIY Networks Website at http://diywifi.net/diy/?page_id=25) upon receipt of your invoice from DIY Networks. DIY Networks reserves the right to alter its fees and will provide you with prior notice if such alterations will affect you.
18.2 You must pay the fees for any Backend Service prior to DIY Networks providing the Service. You agree to pay for this Service twelve months in advance. DIY Networks reserves the right to charge fees monthly.
18.3 To pay for the Service, access or use the Service or to modify your account, you may be required to establish an account and obtain a login name and password as provided by the General Terms and Conditions. If applicable, if you do not have a DIY Networks login and password you will be prompted to complete the registration process.
18.4 Payment of all fees must be by via PayPal or a Cheque made Payable to DIY Networks. You are solely responsible for ensuring the Service is renewed. DIY Networks shall have no liability to you or any third party in connection with any failure to renew or errors in renewing the Service.
18.5 If you use a Cheque your Service will not become effective / renewed until the Cheque has cleared into the account of DIY Networks.
18.6 All fees exclude VAT. You agree to pay all value added, sales and other taxes (other than taxes based on DIY Networks’ income) related to the Service or payments made by you hereunder.
18.7 While using the Service you may purchase additional Options which may be available in respect of your agreed Package or you may purchase an Upgrade. DIY Networks reserves the right to charge you an additional sum for such additional Options or Upgrades in accordance with DIY Networks tariffs.
18.8 If you choose a Server Rental Upgrade, you will be liable to pay to DIY Networks:
(a) all fees in respect of the prior Package until the end of the month in which the Upgrade is selected;
and
b) monthly fees in respect of the Upgrade for 12 months (such fees to start at the beginning of the month following the date the Upgrade is selected and end 12 months later); and
18.9 All fees for the Service are due and payable immediately in pounds sterling to DIY Networks and are non-refundable and non-creditable.
All sums due and payable which remain unpaid after 30 days will accrue interest as the rate of 1.5% per month above the base rate of Barclays Bank Plc or the maximum amount allowed by law, whichever is less.
18.10 Neither DIY Networks nor you shall be entitled to set off any credit against any amount owed to it by the other under the terms of this Agreement or under any other agreement.
18.11 In relation to renewal of the Service you have purchased and are being supplied, DIY Networks will provide you with at least fifteen (15) days’ notice of the renewal date of the Service. Additional payment terms may apply to the Service you purchase.
18.12 If you have questions or concerns relating to your bill for the Service please contact diywifi@diywifi.net.
19 Distance Selling Regulations
19.1 Under the Distance Selling Regulations you have a right to cancel your order for any Service purchased from DIY Networks under this Agreement and obtain a full refund, provided that DIY Networks has not started to provide the Service to you.
19.2 Subject to Clause 19.1, to cancel this Agreement you must e-mail or write to DIY Networks before the expiry of seven working days beginning with the day following the day on which you place your order for the Service with DIY Networks, quoting your order number. DIY Networks shall provide you with a refund as soon as possible and in any case within a period not exceeding 30 days beginning with the day on which you give notice of cancellation.
19.3 For the purposes of the Distance Selling Regulations, DIY Networks is obliged to provide you with the following information:
(a) the supplier of the Service is: DIY Networks, 11 Firmin Avenue, Boughton Monchelsea, Maidstone, Kent, ME17 4RD;
(b) a description of the Service can be found at Clause 4;
(c) the price for the Service is detailed at Clause 18, together with the arrangements for payment;
(d) the minimum duration of this Agreement is one year;
(e) you may address any complaints or queries about after-sales service to: DIY Networks’ address above or to diywifi@diywifi.net;
and
(f) your contractual rights to cancel this Agreement are set out in Clause 20.
20 Termination
20.1 You may terminate the Service at the end of the Initial Term or at the end of each Renewal Term by at least one month’s prior notice to DIY Networks. Such notice shall be made by either mail, registered mail, or by email diywifi@diywifi.net. Notices to terminate the Service must include:
(a) your account name;
(b) your login and password; and
(c) the reason for cancellation.
20.2 Subject to Clause 19, you will not be entitled to a refund of any fees (including any Set-Up Fees) in the event you terminate the Service.
20.3 You are responsible for all moneys owed on your account from its creation until your termination of the Service is confirmed by DIY Networks.
20.4 Terminating the Service will not terminate any other services you have purchased including without limitation the registration of a domain name, and you will remain responsible for any fees for such services. Transferring a domain name registration away from DIY Networks will not terminate the Service. You must notify DIY Networks in accordance with Clause 20.1 if you wish to cancel the Service.
20.5 In the case of your non-payment of fees for the Service (including without limitation you disputing payment of the fees with your Bank or if your means of payment has been declined) DIY Networks reserves the right to immediately terminate the Service and remove any of your Content and materials (including your domain name) from servers used by DIY Networks.
20.6 DIY Networks reserves the right to immediately terminate the Service and remove any of your materials (including without limitation your Content, Website and domain name) from servers used by DIY Networks if DIY Networks in its sole discretion concludes that you have engaged in illegal activities, in activities or sales that may damage the rights of DIY Networks or others or have violated or threatened to violate the terms of the Agreement or any other agreement you may have with DIY Networks.
20.7 Subject to Clause 20.8 any termination of the Service by DIY Networks under this Agreement will take effect immediately and you will not be entitled to a refund of any fees you have paid to DIY Networks.
20.8 DIY Networks may terminate the Service at its discretion and in the absence of any breach of the terms of this Agreement by you, in which case you agree that your sole remedy will be the refund by DIY Networks to you of a pro-rata amount of the fees (excluding any Set-Up Fees) you have already paid for the Service.
20.9 Upon termination of the Service you shall be bound to pay any outstanding fees in respect of the Service received up to and including the date of termination of the Agreement.
20.10 You agree that DIY Networks may suspend, cancel or transfer the Service (including without limitation your Website or the domain name registration services) to:
(a) correct mistakes made by DIY Networks, another sub-contractor or the registry in registering your chosen domain name; or
(b) to resolve a dispute under any of DIY Networks’ terms and conditions from time to time in force.
21 Maintenance and support
You can obtain assistance with technical difficulties that may arise in connection with the Service or your utilisation of software provided in connection with the Service by emailing: diywifi@diywifi.net. DIY Networks reserves the right to impose limitations on the extent of such support and the hours at which it is available.
22 No waiver
DIY Networks may at any time strictly enforce the requirements and limitations of this Agreement and DIY Networks’ failure to do so does not in any way waive those requirements or limit DIY Networks’ rights to enforce them.
23 Rights of third parties
The parties do not intend that any term of this Agreement shall be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to this Agreement.
24 Entire agreement
This Agreement and the documents referred to in it contain the entire agreement between the parties relating to its subject matter and save in respect of any fraudulent misstatement supersede all prior representations, agreements, arrangements or understandings relating to such subject matter between the parties, whether written or oral. The parties acknowledges that they are not relying on any representation, agreement other than the agreements referred to in this Agreement, term or condition that is not set out in this Agreement.
25 Invalidity
If any provision or part of this Agreement is held to be invalid, amendments to this Agreement may be made by the addition or deletion of wording as appropriate to remove the invalid part or provision but otherwise retain the provision and the other provisions of this Agreement to the maximum extent permissible under applicable law.
26 Assignment
DIY Networks reserves the right to assign or otherwise transfer any rights or obligations under this Agreement. You are not entitled to assign or otherwise transfer any rights or obligations under this Agreement without the prior written consent of DIY Networks.
27 Governing Law
This Agreement shall be governed by the laws of England and Wales and the parties to this Agreement hereby submit to the non-exclusive jurisdiction of the Courts of England & Wales.
