Tickety Terms
Design
All design work is done based on a price agreed between Tickety Boo Media and the customer. Any extras to the originally agreed project will be charged for. The client will be notified in advance if extra costs will be incurred.
A proposed design will be shown on a test site for the client to view. If the client is not satisfied with the design, one more proposal will be made. Small changes to these designs will not be charged for however, any major changes to this will be added as an extra charge to the originally quoted price.
The length of time it takes to produce a website depends on a) the size of the website b) current workload and c) additional work finalising the design. An approximate completion date will be given to the customer and we will do our best to meet this however it is possible that the job will take longer. If you have a specific deadline that must be met please ensure this is fully agreed upon with us.
Updates
Tickety Boo Media provides an update service to customer's websites charged at an hourly rate. Invoices are issued periodically for payment of this service. If payment for this service is continually late (longer than 30 days) the customer must pay in advance for any updates done. We endeavour to update your website as soon as possible but large updates need to be planned for and agreed in advance.
Websites
Payment for all websites is required before any work is normally done, however if the client consents for Tickety Boo Media to start work on any project, payment is then due for the project at its total cost. Tickety Boo will require the client to confirm by email when each stage of the website is complete to confirm their acceptance of the style and content of the work completed. If the client then wishes to revise the style or content after they have confirmed any stage they may be liable to extra costs based on the extra work involved. Once the website has been approved and published full payment is due. If any further alterations are required from that point they will be invoiced at Tickety Boo Media's standard hourly rate, which is available upon request.
Tickety Boo Media will ask for all content to be approved by the client, therefore if any information in the website is incorrect, wrong or false Tickety Boo Media will not accept any responsibility for such content. Any artwork, photographs or graphics of any kind that are supplied by the client should have the correct copyright undertakings prior to publishing, Tickety Boo Media will not be held responsible for any copyright breach. All images supplied by Tickety Boo Media have the correct copyright.
Hosting/email
We use a reputable and reliable company to host our websites. They have multiple connections to the Internet with different backbone providers, should any connection fail the other connections automatically take all the traffic. Not only does this mean that connectivity to the Internet is very unlikely to be lost, but it also means that traffic moving to and from their network can choose from a range of paths to get to its final destination.
The host company uses reasonable endeavours to make the server and the services available to the customer 100% of the time but because the services are provided by means of computer and telecommunications systems, they make no warranties or representations that the Service will be uninterrupted or error-free. The host company and Tickety Boo Media are not liable, in any event, for interruptions of service or downtime of the server. The host company takes reasonable precautions to prevent security breaches of the website.
Tickety Boo Media take all reasonable steps to protect data on it's servers and constantly strive to protect them from damage. However, all websites, emails, and any other type of electronic data which is stored on a server owned or used by Tickety Boo Media is stored there at the owners risk. Tickety Boo Media or associated companies are not liable for loss of this data.
The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
1. use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
2. send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
3. publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights via the Services or on the Website;
4. threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
5. engage in illegal or unlawful activities through the Services or via the Website;
6. make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data; or
7. obtain or attempt to obtain access, through whatever means, to areas of the hosting company's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
8. operate or attempt to operate IRC bots or other permanent server processes.
9. If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 1 above the hosting company shall be entitled to withdraw the Services and terminate the Customer's account without notice.
The Customer agrees to indemnify and hold Tickety Boo Media, the hosting company and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the hosting company arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.
In no event shall the hosting company be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the hosting company had been made aware of the possibility of the Customer incurring such a loss. This also applies to any downtime of the customer's website and any security issues arising.
Web hosting accounts are prohibited from hosting adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.
We reserve the right to charge extra for excessive use of bandwidth caused by any of the above. We will contact the customer prior to implementing any extra charges. We also reserve the right to remove offensive materials from the server or files that are causing excessive downloads.
Support
We provide a basic support system to help with getting started with your email accounts and using the control panel. This service may be charged for if it becomes time consuming at our discretion. We are happy to help with advice but we do not provide an IT support service as such.
We provide hosting space as a Reseller of the hosting company. As such there is no direct communication possible from the customer to the hosting company. Any technical support issues must be emailed to Tickety Boo Media. We endeavour to deal with technical support issues as soon as possible, however, service is limited during evenings and weekends. If you would like a more reliable service then please let us know so that we can set you up with an account directly with the host company. In this case our offer of free hosting is nullified and payment for the hosting will occur directly between the client and the hosting company.
Payment
We aim to start work on all Google products within 24 hours of ordering, the time to complete each order depends on each individual order but we will give estimates at time of ordering. Currently websites are completed within 7 days of receiving all the data requited. eCommerce websites can take far longer to develop and build so please speak to our team for estimates. If any physical items are to be delivered to any clients we use a secure service from DHL.
Payment from clients is required before any work can start on a website, campaigns are invoiced monthly and the payment is due within 7 days.
Payment for adwords campaigns are due with 7 days after a months work has been completed and invoiced. No prepayment is required.
Payment for domain names is generally required before starting the project. No refund will be made once the domain has been registered. Domains are registered for 1 year and you will need to inform us if you do not want the domain renewed 2 months before the end of the term.
An invoice will be issued yearly for payment of the hosting. It is up to the client to inform us prior to this time if hosting is no longer required.
If invoices remain unpaid for longer than 14 days we reserve the right to turn off the email accounts and if still not paid, take the website offline until payment is made. The client will be informed prior to this occurring in an effort to resolve the situation. If a client continues to pay invoices later than 14 days we will require payment up-front before any further updates are carried out.
If payment is not received within 28 days a fee of £25 will then become payable. Interest on outstanding balances is charged at the rate of 8% above the current base rate of Barclay's Bank PLC. This will be levied from the date at which the invoice became due. If payment has not been received after 28 days Tickety Boo Media reserve the right to instruct their commercial solicitors to recover the outstanding debt. If a letter before action is sent a fee of £25 will be charged. If after 30 days payment has not been received Tickety Boo Media reserve the right to take court action to recover the outstanding debt. The client will be liable to ANY charges incurred in recovering the outstanding debt and fees resulting from the debt.
Refunds are only available on work that has not been started. If a job is cancelled part way in to the building of a campaign or website a part payment maybe due.
Retention Of Title
The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.
Acceleration Clause
If a customer defaults in meeting the payment terms as, above any subsequent invoice issued becomes due and payable with immediate effect from the time of the default.
SEO terms and conditions - Interpretation and Definitions
1.1 In this agreement the following terms shall have the respective meanings assigned to them: "Agreement" means these terms and conditions, the payment terms, the order form, the reseller agreement and the NDA. In the event of any conflict between the terms of this agreement, the details of the order form shall prevail, except for payment terms where the payment schedule shall prevail;
"The customer" means the company its employees, agents, representatives and sub contractors, to whom the product or service is provided as set out on the order form;
"Commencement Date" means the date of commencement of the Services as set out on the order form;
"Fees" means the amounts payable by the Customer for the Services provided by Tickety Boo Media as set out in the Order Form;
"Force Majeure" means any act, event, omission or accident beyond reasonable control including but not limited to Acts of God, fire, lightening, explosion, flood, extreme weather conditions, outbreak of hostilities (whether war be declared or not), riot, civil disorder or commotion, acts of terrorism, industrial disputes or acts or defaults of any local or central Government or other competent authority;
"Initial Term" unless otherwise stated on the Order Form [one] year from the Commencement Date
"Order Form" means the customers agreed schedule for the provision of Services forming part of these terms and conditions;
"Payment Schedule" means the agreed schedule of payments that the customer shall make to Tickety Boo Media for the Services forming part of these terms and conditions;
The "product or service" means the services to be provided by Tickety Boo Media as specified in the order form;
1.2 The headings do not affect the interpretation of the Agreement.
1.3 Any reference to a party's employees includes its agents and sub-contractors.
2. Application of the Terms
2.1 These terms and conditions shall apply to and be incorporated in the Agreement.
2.2 No addition to, variation of, exclusion or attempted exclusion of any term of the Agreement shall be binding without exception, unless agreement in writing and signed by a duly authorised representative of Tickety Boo Media.
2.3 If the customer wishes to vary any part of the Agreement, the request shall be sent in writing to Tickety Boo Media prior to the order form being signed. Tickety Boo Media shall respond to the customer within 5 working days as to whether it is prepared to agree to the change and, if so, details of the cost of the change, any effect on any other part of the Agreement including any change in timescales. The Customer may accept such proposal within such time as Tickety Boo Media may specify or, if none, within 7 days, failing which it shall be deemed rejected. Pending acceptance or rejection Tickety Boo Media may continue to perform the Agreement without reference to the request.
3. Contractual terms
3.1 Any quotation is valid for a period of 7 days only, unless otherwise specified, and Tickety Boo Media may withdraw any part of a quote, at any time by notifying the customer. Any quotation is given on the basis that no contract shall come into existence until we receive an acknowledgement of order in accordance with clause.
3.2 Each order or acceptance of a quotation for products or services by the customer shall be deemed to be an offer by the customer subject to these conditions. The customer shall ensure that its order is complete and accurate.
3.3 No order for products and services placed by the customer shall be deemed to be accepted by Tickety Boo Media until a written acknowledgement and payment (including email) is received by Tickety Boo Media, or, if earlier, when Tickety Boo Media begins to provide the products and services to the customer.
3.4 No agreement may be cancelled by the customer, except with the prior agreement in writing of Tickety Boo Media and provided that the customer indemnifies Tickety Boo Media in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Tickety Boo Media as a result of the cancellation.
3.5 Tickety Boo Media employees are not authorised to make any contractually binding representations concerning the Services. In entering into the Agreement, the customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which have not been confirmed in writing by an authorised officer of Tickety Boo Media.
3.6 Contract Cancellation — Contracts may be cancelled with 90 days prior written notice being sent by the customer and received by Tickety Boo Media after the initial 3 months.
3.7 Any services provided and already delivered as part of a contract bonus or services that have been discounted due to contract length, will be invoiced at the rate card amount if the contract term is not completed in full. The difference between the rate the client paid and the rate card amount will be invoiced by Tickety Boo Media and difference payable by the customer.
4. Customer's obligations
4.1 The customer will provide Tickety Boo Media with reasonable direct and remote access to its website, and shall provide such other reasonable assistance as Tickety Boo Media may request, including, but not limited to, providing source code and other statistical, diagnostic information and other relevant information required to enable Tickety Boo Media to comply with its obligations under this Agreement.
4.2 The customer shall comply with directions and advice from Tickety Boo Media within a reasonable period.
4.3 The customer shall not interfere or disrupt the Service.
5. Implementation of Service
5.1. In consideration of the payment by the customer of the fees in accordance with clause 11, Tickety Boo Media shall provide the products and services during the continuance of this Agreement.
5.2. Tickety Boo Media shall be permitted to subcontract or outsource any of the products and services or obligations under this Agreement.
5.3. Tickety Boo Media will use reasonable efforts to provide customers with the products and services in accordance with the estimated timeline set out in the order form.
5.4. Where the product or service being provided requires, Tickety Boo Media will liaise with the relevant web agency, hosting company or other third party in order to provide the product or services. Tickety Boo Media shall not be liable for any act or omission by the relevant web agency, hosting company or other third party, if such act or omission results in Tickety Boo Media breaching its obligations under this Agreement.
5.5. Tickety Boo Media will not make changes to or update a customer's website prior to written or verbal consent from the customer, stating that Tickety Boo Media have the right to make the agreed changes and the Customer, as the website owner, agrees to and takes full responsibility for those changes being made.
6. No partnership or Agency
6.1 Unless combined with a partner or referral agreement, nothing in the contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another part for any purpose. No party shall have authority to act as agent for, or to bind, the party in any way.
7. Link Building terms and conditions:
7.1 Tickety Boo Media shall provide the link building services as specified on the order form and corresponding proposal.
7.2 The number of links stated on the Order Form is the number of links that Tickety Boo Media will provide on the link building report. The number of links reported, is correct at the point at which the report is generated and quality controlled.
7.3 Tickety Boo Media offer no guarantee for the length of time each link will remain live after the point at which it has been confirmed and reported on the customer link report or unless otherwise specified.
8. Link Building guaranteed term:
8.1 The link building term guarantee only applies to live contract clients and resellers where a term guarantee has been specified on the order form.
8.2 Tickety Boo Media offer a maximum guaranteed term of 1 year, and if for any reason the link partner removes the link placed by Tickety Boo Media, then Tickety Boo Media will replace the link as part of the guarantee.
9. Exclusions from products and services.
9.1 Tickety Boo Media shall be under no obligation to provide products and services in respect of:
I. problems resulting from any modifications or customisation of the domain;
II. Links that are removed by third parties;
III. Any domains other than those specified on the order form;
9.2 The Services do not include:
I. The cost of any third party software upgrades or web development which Tickety Boo Media advises are required;
Any website, hosting or other technical support;
10. Top 10 guarantee for link building only customers
10.1 Tickety Boo Media does not guarantee results for link building only clients under any circumstances.
Contract Term The Services shall commence on the Commencement Date and shall remain in force from year to year thereafter, unless and until terminated by either party giving 90 days notice expiring at any time after the end of the Initial Term or otherwise in accordance with any other clause of this contract
12. Payment
12.1 The customer shall pay the fees without set-off, deduction or delay, monthly in advance in the manner specified in the payment schedule. All prices are exclusive of VAT and any other relevant taxes. No products or services shall be provided until payment has been received by Tickety Boo Media, unless Director Approval has been obtained. Tickety Boo Media shall be entitled at any time, and from time to time, to increase the fees to accord with any change in Tickety Boo Media standard scale of charges by giving to the customer not less than [90] days" prior written notice.
12.2 If Tickety Boo Media provides any services not included within the Services at the request of the customer then Tickety Boo Media shall charge for the same at its then current price and the customer shall pay any invoice raised in respect of the same within 30 days.
12.3 The date for payment of Tickety Boo Media invoices shall be of the essence of the Agreement.
12.4 If the customer fails to make payment in full on the due date, the whole of the balance of the fees then outstanding shall become immediately due and payable and, without prejudice to any other right or remedy available to Tickety Boo Media, all guarantees are null and voided and Tickety Boo Media may:
I. appropriate any payment made by the customer to any outstanding sum;
II. Charge interest on the amount outstanding from the due date to the date of receipt by Tickety Boo Media(whether or not after judgment), at the annual rate of 4% above the then current base lending rate of Barclays Bank plc, accruing daily and compounded quarterly; and
III. Suspend all further delivery of Services until payment has been received in full.
12.5 The Fees are not refundable, except where otherwise stated herein.
12.6 Cheques and direct debits returned unpaid by the customer's bank and credit card payments returned unpaid will incur an administration charge which under all circumstances shall be paid by the customer.
13. 50/50 Campaigns (pay on results)
13.1 The Customer shall pay the 50% of the contract value in advance of any work starting by Tickety Boo Media
13.2 FULL SETTLEMENT without exception for all outstanding fees will be paid within 7 working days of Tickety Boo Media issuing a report in which the agreed keyword (s) are confirmed to be on page one of the specified Google or by default, www.google.co.uk (pages from the UK)
13.3 If payment is not received following 7 working days of the invoice being sent, Tickety Boo Media will charge interest on the amount outstanding from the due date to the date of receipt by Tickety Boo Media (whether or not after judgment), at the annual rate of 4% above the then current base lending rate of Barclays Bank plc, accruing daily and compounded quarterly;
13.4 The final 50% fees are payable regardless of the results if:
I. a customer changes the website or in any way hinders the progress of the website. If the customer has removed any of the products or services, changed keywords, changed domains, interfered with the link building or not complied with the request and advice of Tickety Boo Media;
II. The customer has acted in a way that the Director's of Tickety Boo Media consider, at their sole discretion, is detrimental to achieving the first page listing;
III. The customer has interfered with or impaired the product or service;
IV. The customer's website has not been available for more than 99% of the 6 month period;
V. The customer has breached any national or international law; and
VI. There are other factors outside of the control of Tickety Boo Media that have prevented or inhibited its ability to provide the first page results.
13.5 Failure to pay the amount owed will result in legal action being taken by Tickety Boo Media
14. SEO Package Contracts
14.1 The customer pays the set up fee and month 1 of the contract in advance of any work starting to Tickety Boo Media.
14.2 Month 2 payment is due when Tickety Boo Media issue a report in which the agreed keyword(s) are confirmed to be on page one of the specified Google or by default www.google.co.uk (pages from the UK). At this stage the contract will continue each month. If Tickety Boo Media fails to hit the targeted rankings within 6 months then a full refund of the initial payment will be issued within 30 days subject to the following terms and conditions in 14.4.
14.2.1 The 6 month period commences from the date that the onsite recommendations are implemented and live.
14.3 If payment is not received following 7 working days of the invoice being sent, Tickety Boo Media will charge interest on the amount outstanding from the due date to the date of receipt by Tickety Boo Media (whether or not after judgment), at the annual rate of 4% above the then current base lending rate of Barclays Bank plc, accruing daily and compounded quarterly;
14.4 The contract from month 2 onwards commences regardless of the results if:
I. a customer changes the website or in any way hinders the progress of the website. If the customer has removed any of the products or services, changed keywords, changed domains, interfered with the link building or not complied with the request and advice of Tickety Boo Media;
II. The customer has acted in a way that the Directors' of Tickety Boo Media consider, at their sole discretion, is detrimental to achieving the first page listing;
III. The customer has interfered with or impaired the product or service;
IV. The customer's website has not been available for more than 99% of the 6 month period;
V. The customer has breached any national or international law;
VI. There are other factors outside of the control of Tickety Boo Media that have prevented or inhibited its ability to provide the first page results; and
VII. The customer fails to provide FTP access for Tickety Boo Media to implement the onsite recommendations.
15. Termination or suspension of service
15.1 Tickety Boo Media may, at its sole discretion, suspend the services or terminate this Agreement if the customer:
I. fails to pay any sum due under this Agreement and such sum remains unpaid for 15 days after written notice from Tickety Boo Media that such sum has not been paid;
II. ceases to carry on business or become insolvent, or have an administrator or receiver appointed or enter into liquidation or enter into any agreement with its creditors; or
III. fails to fulfil any of its obligations under any part of this or any other agreement that it has with Tickety Boo Media; or
IV. Interferes with or impairs the products or service, or Tickety Boo Media ability to deliver the products or services.
15.2 Termination of the Agreement, however arising, shall not affect or prejudice the accrued rights of the parties as at termination or the continuation of any provision expressly stated to survive or implicitly surviving termination.
16. Dispute Resolution Procedure
16.1 If any dispute arises in connection with this agreement, directors or other senior representatives of the parties with authority to settle the dispute will, within 7 days of a written request from one party to the other, meet promptly or arrange a teleconference in good faith to resolve the dispute.
16.2 If the dispute is not resolved in accordance with conditions set, then Tickety Boo Media will refer the dispute, to be appointed, in default of agreement, on the request of either party to the English Courts. In any claim Tickety Boo Media will submit a claim for interest in accordance with section 13.3 and all legal costs associated to the claim against the customer.
17. Data Protection Act
17.1 If any Personal Data (as defined by the Data Protection Act 2098) is passed to Tickety Boo Media under this Agreement then the parties agree that the customer is the Data Controller and that Tickety Boo Media is the Data Processor.
17.2 The customer warrants that it complies with the Data Protection Act 2098
17.3 Tickety Boo Media shall:
I. process the Personal Data only in accordance with instructions from customer;
II. process the Personal Data only to the extent, and in such manner, as is necessary for the provision of the services or as is required by Law or any Regulatory Body;
III. implement appropriate technical and organisational measures to protect the Personal Data against unauthorised or unlawful processing or loss, destruction, damage, alteration or disclosure; and
IV. take reasonable steps to ensure the reliability and confidentiality of any of Tickety Boo Media personnel who have access to the Personal Data.
18. Limitation of liability
18.1 The following provisions set out the entire liability of Tickety Boo Media (including any liability for the acts or omissions of its employees) to the customer in respect of any breach of the Agreement and any representation, statement or tortuous act or omission (including negligence) arising out of or in connection with the Agreement.
18.2 All warranties, conditions and other terms implied by statute or common law are excluded from the contract to the fullest extent permitted by law.
18.3 Nothing in these conditions excludes or limits the liability of Tickety Boo Media for death or personal injury caused by Tickety Boo Media negligence or fraud or fraudulent misrepresentation. Subject to: I. Tickety Boo Media shall not be liable for any loss of profits, loss of business, depletion of goodwill or similar losses or for any special, indirect or consequential loss, costs, damages, charges or expenses howsoever arising; and II. Tickety Boo Media total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Agreement shall be limited to 100% of the total fees received by Tickety Boo Media in the calendar year in which the incident occurs.
18.4 The provisions of this Clause 16 shall continue to apply notwithstanding the termination or expiry of this Agreement.
18.5 Tickety Boo Media will not be liable for any links being removed by a third party or any penalties incurred by customers.
Confidentiality (NDA)
19.1 Save as provided in this Agreement each party shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed by one party to the other. Each party shall restrict disclosure of such confidential material to such of its employees as need to know the same for the purpose of discharging its obligations under the Agreement and shall ensure that such employees are subject to corresponding obligations of confidentiality.
19.2 All materials, drawings, specifications and data supplied by Tickety Boo Media to the customer shall at all times be, and remain, the exclusive property of Tickety Boo Media, but shall be held by the customer in safe custody at its own risk until returned to Tickety Boo Media, and shall not be disposed of or used other than in accordance with Tickety Boo Media written instructions or authorisation.
19.3 This condition shall survive termination of the Agreement, however caused.
19.4 Points agreed via a separate "Non Disclosure agreement" are agreed in addition to this agreement, not in replace of this agreement.
20. Non-Solicitation
20.1 Neither party shall, during the continuance of the Agreement, or within 6 months of its termination, whether on behalf of itself or via a third party, solicit or seek to entice away any employee of the other. In the event of breach of this clause the party in default shall pay the other a sum equal to six months gross pay of the employee concerned being a pre-estimate of the cost of recruitment and training a replacement.
21. Force Majeure
21.1 Tickety Boo Media shall not be liable to the customer for any breach of its obligations under this the Agreement if such breach is due to or substantially contributed to a Force Majeure event.
21.2 If a Force Majeure event occurs, Tickety Boo Media shall inform the customer as soon as possible and take all reasonable steps to mitigate the effects of the Force Majeure event and resume performance
22. Waiver
A waiver of any right under the Contract is only effective if it is in writing and signed by or on behalf of the waiving party, and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
23 Entire Agreement
23.1 This Agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
23.2 Each party acknowledges that, in entering into this Agreement, it has not relied on, and shall have no right or remedy (other than for breach of contract) in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this agreement.
23.3 In the event of any part of this Agreement being held inapplicable or unreasonable, the remainder of the Agreement shall remain in full force and any clause held inapplicable or unreasonable shall be enforced to the fullest extent possible.
24. Assignment
24.1 The customer shall not, without the prior written consent of Tickety Boo Media, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Agreement.
24.2 Tickety Boo Media may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Agreement.
25. Third party rights
The Agreement is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns, and is not intended to benefit, or be enforceable by, anyone else.
26. Notices
26.1 Any notice required to be given pursuant to this Agreement shall be in writing and shall be sent by email or delivered by hand or sent by pre-paid first-class post or recorded delivery post to the address of the party as set out in these conditions, or, in each case, such other address as may be notified by one party to the other.
26.2 A notice delivered by hand is deemed to have been received when delivered (or, if delivery is not in business hours, 9.00 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. An e-mail shall be deemed to have been delivered within 25 hours form the time of being sent, provided that no "non deliverable" notices is received by the sender.
27. Governing law and jurisdiction
The Agreement and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.
28. Partners
28.1. All partners agree to this agreement as well as the relevant partner agreements.
28.2 Partners or Agents do not represent, are not authorised to sign anything on behalf of or agree terms on behalf of, contract for or agree either verbally or in writing any for Tickety Boo Media.
28.3 If a customer is refunded in part or in full for fees paid for products and services from Tickety Boo Media then any commissions paid due to that contract will be clawed back from the partner or agent without discretion.
29. Changes to this Agreement
29.1. Tickety Boo Media may modify this Agreement where it is required to do so, by notifying the customer in writing and giving 14 days notice where possible. This would include where changes to the law, rules applied by other authorities which require Tickety Boo Media to modify its procedures, policies or services.
29.2. Tickety Boo Media may at any time modify this Agreement for new customers by publishing a new agreement on its website.