OTHER IMPORTANT TERMS. 12.1. We may vary the Storage Costs or other terms of this Agreement and add new terms and conditions as long as such changes are notified to You in writing. The modified terms will take effect on the first Due Date occurring not less than 28 days after the date of Our notice. You may end this Agreement without charge before the change takes effect by giving notice in accordance with Condition 9.2. Otherwise, Your continued use of the Unit will be considered as Your acceptance of and agreement to the amended terms.
12.2. You acknowledge and agree that: (a) the terms of this document (including the StoreProtect addendum where applicable) constitute the whole agreement with Us and, in entering this Agreement, You do not rely on any statement, promise, representation, assurance or warranty which is not set out in this Agreement; (b) any descriptions or illustrations on Our website are published for the sole purpose of giving an approximate idea of the services described in them but they will not form part of this Agreement or have any contractual force; (c) the terms of this Agreement apply to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing; (d) You have raised all queries relevant to Your decision to enter this Agreement with Us and We have, prior to You entering into this Agreement, answered all such queries to Your satisfaction; (e) any special terms agreed between You and Us, have been recorded in writing and incorporated into the terms of this Agreement; (f) if We decide not to exercise or enforce any right that We have against You at a particular time, then this does not prevent Us from deciding to exercise or enforce that right at a later date unless We tell You in writing that We have waived or given up Our ability to do so; (g) it is not intended that anyone other than You and Us will have any rights under this Agreement and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to it;
(h) if any provision or part-provision of this Agreement is or becomes invalid, unlawful or unenforceable to any extent, it shall be treated as deleted, but that shall not affect the validity and enforceability of the rest of this Agreement; (i) You may not assign or transfer any of Your rights under this Agreement or part with possession of the Unit or Goods whilst they are in the Facility; (j) We may transfer Our rights under this Agreement to anoth...
OTHER IMPORTANT TERMS. 19.1 Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking of this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you do not pay us an amount when it is due and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
19.2 If a court finds part of this Agreement illegal, the rest will continue in force. Each of the sections of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
19.3 We may transfer this agreement to someone else. We may transfer our rights and obligations under this Agreement to another organisation including within our group of companies. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may end our Agreement by closing your Profile by contacting us via the details set out in section 10.4.
19.4 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under this Agreement to another person if we expressly agree to this in writing. We may not be able to agree to this as doing so may likely put us in breach of our legal and regulatory obligations (including our obligations to comply with anti-money laundering laws).
19.5 Other people that may have rights under this contract. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in sections 13 (Compensation you may owe us).
19.6 The meaning of certain words and phrases not defined elsewhere:
OTHER IMPORTANT TERMS. 19.1 Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking of this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you do not pay us an amount when it is due and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
19.2 If a court finds part of this Agreement illegal, the rest will continue in force. Each of the sections of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
19.3 We may transfer this agreement to someone else. We may transfer our rights and obligations under this Agreement to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may end our Agreement by closing your Profile by contacting us via the details set out in section 10.4.
OTHER IMPORTANT TERMS. 21.1 If there is any conflict or inconsistency between this document and the other documents which form part of your contract with the University, the various documents will apply in the following order of priority:
21.1.1 the University's offer to you;
21.1.2 this document;
21.1.3 the University's website;
21.1.4 the provisions of the prospectus that applies to your programme; and,
21.1.5 any agreement relevant to your programme.
21.2 The University may transfer its rights and delegate its obligations under this document to another organisation. However, the University will always notify you in writing if this happens and will ensure that no such transfer or delegation will affect your rights under this document.
21.3 Your contract with the University (of which this document forms part) is between you and the University. No other person shall have any rights to enforce any of its terms.
21.4 Each of the provisions of your contract operates separately. If any court or relevant authority decides that any provision is unlawful (in whole or part), it shall be deemed to have been modified to the minimum extent necessary to make it lawful and the remaining provisions will be unaffected and will remain in full force and effect.
21.5 If you are in breach of your contract with the University and the University decides to waive that breach or refrains from, or delays in, enforcing its rights against you or requiring you to perform your obligations, that will not mean that the University has waived its rights against you for that or any other breach, nor that you have been released from those obligations.
21.6 This document is governed by English law. You and the University both agree to submit to the exclusive jurisdiction of the English courts.
OTHER IMPORTANT TERMS. 14.1 If any part of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remainder of this Agreement is to be unaffected.
14.2 The parties to this Agreement do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
14.3 No failure or delay in exercising any of party’s rights shall constitute a waiver of the same or any other of its rights by such party.
14.4 All sums due to from one party to another under this Agreement shall be paid without any legal or equitable set off, counter-claim or deduction except as required by law or expressly permitted under this Agreement.
14.5 All provisions of this Agreement shall be binding upon and shall enure for the benefit of the parties to this Agreement and their respective personal representatives and other successors in title.
14.6 Except as expressly set out in this Agreement, no remedy conferred by any provision of this Agreement is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given under this Agreement or existing at law or in equity, by statute or otherwise.
OTHER IMPORTANT TERMS. 11.1 We may transfer our rights and obligations under this XXXX to another organisation, but this will not affect your rights or our obligations under this XXXX.
11.2 You may only transfer your rights or obligations under this XXXX to another person if we agree in writing.
11.3 If we fail to insist that you perform any of your obligations under this XXXX, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11.4 Each of the conditions of this XXXX operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
11.5 Please note that this XXXX, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
OTHER IMPORTANT TERMS. 24.1 Ebury Partners UK Limited is a company incorporated in England & Wales (Company No. 07088713), whose registered office is at 000 Xxxxxxxx Xxxxxx, Xxxxxx, XX0X 0XX, which is authorised as an electronic money institution by the Financial Conduct Authority under the Electronic Money Regulations 2011 (FRN: 900797).
24.2 Except where expressly provided otherwise, no express term of this Agreement (nor any term implied under it) is enforceable pursuant to the Contracts (Rights of Third Parties) Xxx 0000 or otherwise by any person who is not a party to it.
24.3 We may agree to communicate with you in one or more languages depending on the location of the Ebury Representative which provides Services to you. The primary business language used by Ebury is English, and so if we have not expressly agreed otherwise, communications from you to us (in particular legal notices, correspondence and documentation) should be in the English language.
24.4 We may listen in to or record phone calls with you (or any of your Authorised Parties) to:
24.4.1 check we are carrying out your instructions correctly and that we are meeting our regulatory obligations;
24.4.2 help detect or prevent fraud or other crimes;
24.4.3 improve our Services; and
24.4.4 to the extent permitted by law, use this in legal proceedings.
24.5 If any part of this Agreement is disallowed or found to be ineffective by a court or regulator, the rest of it shall continue to apply.
24.6 We may choose not to enforce our rights against you and make this contractually binding against us by giving you a notice which expressly states that we have chosen to do so under this term of the Agreement. In all other cases, if we choose not to exercise rights against you, we can still do so later.
OTHER IMPORTANT TERMS. 13.1 We may transfer our rights and obligations under this XXXX to another organisation, but this will not affect your rights or our obligations under this XXXX.
OTHER IMPORTANT TERMS. 10.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.
10.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
10.3 If you are a business customer, this Licence constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in this Licence.
10.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.5 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
10.6 If you are a consumer, please note that this Licence, its subject matter and its formation, are governed by the laws of England and Wales. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
10.7 If you are a business customer, this Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by
OTHER IMPORTANT TERMS. 25.1 The documents listed in clauses 25.1.1 to 25.1.6 below form the entire agreement between you and the College and the University. If there is any conflict or inconsistency between this document and the other documents which form part of your contract with the College and the University, the various documents will apply in the following order of priority:-
25.1.1 the College's offer to you;
25.1.2 this document;
25.1.3 the University's website;
25.1.4 the College’s website;
25.1.5 the provisions of the prospectus that applies to your programme; and
25.1.6 any agreement relevant to your programme.
25.2 The College or the University may each transfer their respective rights and delegate their obligations under this document to another organisation. However, the College or the University (as appropriate) will always notify you in writing if this happens and will ensure that no such transfer or delegation will affect your rights under this document.
25.3 Your contract (of which this document forms part) is between you, the College and the University. No other person shall have any rights to enforce any of its terms.
25.4 Each of the provisions of your contract operates separately. If any court or relevant authority decides that any provision is unlawful (in whole or part), it shall be deemed to have been modified to the minimum extent necessary to make it lawful and the remaining provisions will be unaffected and will remain in full force and effect.
25.5 If you are in breach of your contract and either the College or the University decides to waive that breach or refrains from, or delays in, enforcing its rights against you or requiring you to perform your obligations, that will not mean that the College or the University has waived its rights against you for that or any other breach, nor that you have been released from those obligations.
25.6 This document is governed by English law. You, the College and the University each agrees to submit to the non-exclusive jurisdiction of the English courts.
