Common use of Consumers Clause in Contracts

Consumers. If you are a consumer within the meaning of Consumer Contracts (Information Cancellation and Additional Charges) Regulations 2013 by virtue of that regulation you have the right to cancel this contract within 14 days of the date of receipt of these terms and conditions without giving any reason. The cancellation period will therefore expire on the fifteenth day after the date these terms and conditions are received. To exercise the right to cancel you must inform us in writing by post, fax or email, and although not obligatory, you may use the cancellation form annexed to these terms and conditions. The cancellation must be received before the fifteenth day. In the event of cancellation you will be charged pro rata for the days usage between the date of commencement of the contract and the date of cancellation. You will not be charged an early payment sum during the cancellation period. The cancellation form can be found here: xxxxx://xxx.xxxxxxxxxxxxx.xx.xx/ca ncellations-and-downgrades-policy/ 20.1 The Contract These terms and conditions govern the sale and provision of services by us and will form the basis of the contract between us and you. Before submitting any request for the provision of services by NH please ensure that you have read these terms and conditions carefully. If you are unsure about any point of these terms and conditions please ask us for clarification. We reserve the right to require proof to be provided in documentary form of identification and ownership of your business. 20.2 Nothing provided by us including but not limited to sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Completion by you of our Nimbus Hosting Limited Schedule Booking Form constitutes a contractual offer that we may, at our discretion, accept. 20.3 A legally binding contract between you and us will be created upon our acceptance of your offer by our acceptance signature on the Nimbus Hosting Limited Schedule 1 or by other written or email confirmation to you. 20.4 We may at any time without notice to the customer make any changes to the services which are necessary to comply with any applicable safety or any other statutory requirements or which do not materially affect the nature or quality of the services. We shall give you notice of any such changes forthwith after they have been made. 20.5 We may, so as to give effect to our true intention, correct any typographical or any other error or omission in any brochure, promotional literature, quotation or any other document relating to the provision of the services without any liability to you. 20.6 We shall have no liability for any loss or damage, howsoever or whatsoever caused, arising out of any instructions given by you which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or which are received by us late, or which have not been received by us, or which are attributable to your fault of any kind whatsoever. 20.7 You agree that we shall not be in breach of contract and shall have no liability to you for any loss or damage whatsoever or howsoever caused in so far as that loss and damage was caused by events or matters beyond our reasonable control. 20.8 We shall have no responsibility for any mechanical or electrical malfunction or failure whatsoever or howsoever caused whilst any PC’s, servers, laptops, hardware or software which is in our possession except where such loss or damage has been caused by the negligence or wilful default of our employees or agents. In the event of any losses you are referred to our limited liability clauses hereunder. 20.9 Litigation You irrevocably agree that if you are involved in any litigation in which we are required to give evidence or are otherwise to attend Court, the whole goods subject to a Court Order or an injunction, or otherwise to be involved in any litigation process you will indemnify us both in respect of our and our employees time involved in thereby spent. In any event you will indemnify us at a rate of £80.00 per hour together with first class travel or mileage at the rate of 50 xxxxx per mile plus all of the disbursements, parking charges and subsistence. 1. DEFINITIONS For the purpose of this addendum: