CUSTOMER AUTHORISATION AND OBLIGATIONS
2) The Customer hereby requests and appoints ChoicePosition to act on its behalf in conjunction with the provision of the Services requested on the order form. The Customer agrees to supply correct and accurate details of their physical address and email and domain name and to allow free unrestricted access to the web site relating to this order for ChoicePosition to carry out testing and any amendments that ChoicePosition may suggest and any works that the Customer authorises. ChoicePosition shall not be liable in any way for security issues arising from such works carried out by ChoicePosition or it's authorised sub-contractors. ChoicePosition will take all reasonable steps to protect the Customer's content and rights in this respect if any details alter or security issues arise the Customer agrees to inform ChoicePosition promptly in writing within 7 days maximum of such occurrences.

INDEMNITY
3) The Customer hereby agrees fully to indemnify, keep indemnified and hold harmless ChoicePosition, its officers, employees, agents, sub-contractors and affiliated companies from and against any and all costs, claims, losses, damages and expenses (including, but not limited to, legal fees) sustained or incurred by ChoicePosition or any of its officers, employees, agents, sub-contractors or affiliated companies directly or indirectly and in any jurisdiction as a result of:-
3.i) any breach by Customer of any of its obligations in this Agreement otherwise howsoever arising out of the provision by ChoicePosition and/or any breach of any of the warranties given by the Customer in this Agreement.

WARRANTIES AND LIABILITY
4) ChoicePosition will use it's best endeavours to provide as near service as possible to that as shown on our web site or printed material however, no warranties or representations that any Service will be supplied according to time schedules or that any 'web site' will be positioned as indicated in our advertising for any extended time periodsthan that indicated. Although ChoicePosition will use it's best endeavours to achieve the advertised ranking results the Customer accepts all Services provided hereunder are "as is" without warranty of any kind.
4.a) Any terms expressed or implied including conditions and warranties where specified or implied by statute, common law, custom or otherwise excluding those relating to the exercise of reasonable care are hereby excluded in relation to each of the Services to be provided hereunder to the fullest extent permitted by law and ChoicePosition shall not be liable for any services or products to be supplied by any third party.
4.b) ChoicePosition shall not be liable for any loss or damage of whatsoever nature suffered by the Customer arising out of or in connection with any breach of this Agreement by the Customer or any act, misrepresentation, error or omission made by or on behalf of the Customer.
4.c) No matter how many claims irrespective of any loss real or preserved and on whatever basis of such claims, ChoicePosition's maximum aggregate liability to the Customer under this Agreement in respect of any such loss shall not exceed a sum equal to the amounts already paid by the Customer plus 20% on top totally at the discretion of ChoicePosition.
4.d) The Customer undertakes fully to virus-check all data supplied to ChoicePosition pursuant to this Agreement.
4.e) ChoicePosition reserve the right to refuse to offer our service to the Customer for any web site that we deem unsuitable for whatever reason.
4.f) The Customer warrants that they have the right to display the media on the web site that is being submitted for consideration for ChoicePosition's submission service and agree to hold and indemnify ChoicePosition free from any liability or actions howsoever caused from the display of the said media also it's use or dissemination.
4.g) This does not affect your statutory rights.

CANCELLATION
5) ChoicePosition may terminate this Agreement by notice in writing to the Customer having immediate effect if the Customer is in breach of any of its obligations under this Agreement in the case of a company resolution or petition being passed for it's winding up or liquidation.
5.a) Where Customer is an individual and a petition for bankruptcy is presented or a receiver or liquidator (where Customer is a company) or (where Customer is an individual) a trustee in bankruptcy is appointed over it or any of its assets or the Customer proposes or enters into any arrangement with its creditors which includes any voluntary arrangement in the event of any of these circumstances arising ChoicePosition shall have the option to terminate this Agreement and all outstanding amounts will become immediately payable whether invoiced or not and shall be entitled to retain any sums already paid by the Customer.

CONFIDENTIALITY
6) Each of the parties agrees not to disclose any Confidential Information received from the other party without their written consent or make any use of any such Confidential Information other than for the purposes of performance of this Agreement and to use due diligence in protecting Confidential Information from being distributed in the public domain.
6.a) Each party may disclose Confidential Information received from the other to its responsible employees, consultants, sub-contractors or suppliers who need to receive the information in the course of performance of this Agreement.
6.b) Where any alterations are suggested or required to a Customer's web site and are undertaken by a third party ChoicePosition do not warrant any work carried out by any third party that are not under the direct control of ChoicePosition the Customer agrees to keep indemnified and hold harmless its officers, employees, agents, sub-contractors and affiliated companies from and against any and all costs, any work carried out other than work carried out by ChoicePosition shall be at the customers own risk.

GENERAL
7) This Agreement and any other expressly incorporated or specified document constitute the entire agreement between the Customer and ChoicePosition. Nothing in this agreement shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent if a court or arbitrator may allow reliance on the same as being fair and reasonable.
7.a) No change, alteration or modification to this Agreement shall be valid unless given in writing and signed by ChoicePosition or it's authorised affiliated company or partner.
7.b) If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
7.c) The rights and obligations of the Customer under this Agreement undertakes, not to assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part without the prior written consent of ChoicePosition or it's authorised affiliated company. ChoicePosition reserves the right to sub-contract any of the work required to fulfil its service obligations under this agreement.
7.d) Single search engine or directory placing payments and CPC schemes are excluded from inclusion in all Choice Position plans. If any paid for submission or placement payments are made on behalf of our clients these are made entirely at our sole discretion except where we have agreed specific submission services in writing and receive prior payments for any such paid submissions.
7.e) Any notice which may be served under this agreement may be served personally or sent by pre-paid registered letter or recorded delivery to the addresses given on the order form which forms an integral part of this agreement. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service or, when posted, 48 hours after the same shall have been put into the post correctly addressed and pre-paid. Neither party shall be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance relating to this agreement other than in relation to payment of amounts due resulting from acts or causes beyond their respective reasonable control or from any acts of God, legal regulations, governmental bodies or any other regulatory body or authority.
7.f) Any delay by ChoicePosition or it's authorised affiliated company in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
7.g) Clause headings have been included in this Agreement for convenience only and shall not be considered part of, or be used in interpreting, this Agreement.
7.h) This Agreement shall be governed by the English law under the exclusive jurisdiction of the Courts of England and Wales.

DOMAIN NAMES
8.)Where a request for a domain name is to form part of the Customers order the terms and conditions under which we supply domain names is in addition to the schedules and clauses herein and can be viewed at Dedicated-Domains.com web site at:- http://dedicated-domains.com/terms.htm

WEBSITE HOSTING
9.) If any web site Hosting is to form part of the Customers order the terms and conditions under which we supply web site hosting is in addition the schedules and clauses herein and can be viewed at 4Square Hosting website at :- http://4SquareHosts.com/terms.htm web site
10.) The Customer will provide all Material which the Customer wishes to submit to search engines for the purpose of being ranked in a condition which shall be "server-ready" and which requires no additional work or manipulation on the part of ChoicePosition, unless it forms part of ChoicePosition’s contract to carry out optimisation on the said web site. The Customer shall take full responsibility for the content of the media neither ChoicePosition or it's authorised companies shall be under any obligation to validate such Material for content, correctness, legality or usability unless the Customer has placed a specific request in writing for such a service which is not part of ChoicePosition’s normal range of services as displayed on ChoicePosition’s web site. The Customer should check that they have ordered the correct product from our range as there will be a charge of 30% of the total order value plus any unrecoverable cost incurred by ChoicePosition in relationship to a wrongly placed order.
11.) Only one URL (web site) per order will be accepted.
12.) The numbering of the clauses herein does not indicate the priority of any clause over any other clause and therefore is considered only a functionality aid.