including act of God, actions or omissions of third parties (including hackers, suppliers,
couriers, governments, quasi-governmental, supra-national or local authorities), insurrection,
riot, civil war, civil commotion, war, hostilities, threat of war, warlike operations, armed conflict,
imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, national
emergencies, terrorism, nuclear, chemical or biological contamination or sonic boom, piracy,
arrests, restraints or detainments of any competent authority, blockade, strikes or combinations
or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, adverse weather
conditions, loss at sea, earthquake, natural disaster, accident, collapse of building structures,
failure of plant machinery or machinery or third party computers or third party hardware or
vehicles, failure or problems with public utility supplies (including general: electrical, telecoms,
water, gas, postal, courier, communications or Internet disruption or failure), shortage of or
delay in or inability to obtain supplies, stocks, storage, materials, equipment or transportation.
6.2. Each of the Parties agrees to inform the other upon becoming aware of an Event of Force
Majeure, such information to contain details of the circumstances giving rise to the Event of
6.3. The performance of each Party's obligations shall be suspended during the period that the
circumstances persist and such Party shall be granted an extension of time for performance
equal to the period of the delay.
6.4. Each Party shall bear its own costs incurred by the Event of Force Majeure.
6.5. If the performance of any obligations is delayed under this Clause 16.1, each Party shall
nevertheless accept performance as and when the other shall be able to perform.
6.6. If the Event of Force Majeure continues without a break for more than one month, either Party
may terminate this Contract immediately by notice to the other, in which event neither Party
shall have any Liability (subject to Clause 12.2) to the other Party by reason of such
6.7. If we have contracted to provide identical or similar services to more than one customer and we
are prevented from full meeting our obligations to you due to an Event of Force Majeure, we
may decide at our absolute discretion which contracts we will perform and to what extent.
7.1. Any notice given to either Party under or in connection with this Contract shall be in writing,
addressed to the relevant Party at its registered office (if it is a company) or its principal place
of business (in any other case) or such other address as that Party may have specified to the
other Party in writing, and shall be delivered personally, sent by pre-paid first class post,
recorded delivery, commercial courier or sent by email.
7.2. A notice shall be deemed to have been received: if delivered personally, when left at the
address referred to in Clause 17.1; if sent by pre-paid first class post or recorded delivery, at
9.00 am on the second Business Day after posting; if delivered by commercial courier, on the
date and at the time that the courier's delivery receipt is signed; or, if sent by email, at the time
7.3. The provisions of this Clause 17 shall not apply to the service of any proceedings or other
documents in any legal action.
You may not assign, transfer, charge or otherwise encumber, create any trust over, or deal in
any manner with, this Contract or any right, benefit or interest under it, nor transfer, novate or
sub-contract any of your obligations under it, without our prior written consent (such consent
not to be unreasonably withheld or delayed).
9.1. If any court or competent authority finds that any provision of this Contract (or part of any
provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent
required, be deemed to be deleted, and the validity and enforceability of the other provisions of
this Contract shall not be affected.
9.2. If any invalid, unenforceable or illegal provision of this Contract would be valid, enforceable and
legal if some part of it were deleted, the provision shall apply with the minimum modification
necessary to make it legal, valid and enforceable.
A waiver of any right or remedy under this Contract is only effective if given in writing and shall
not be deemed a waiver of any subsequent breach or default. No failure or delay by a Party to
exercise any right or remedy provided under this Contract or by law shall constitute a waiver of