Qnet Group Ltd

These conditions shall govern all transactions into which The Supplier enters with its Customers

1. Definitions
2. Duration and Scope of the Contract
3. The Supplier's Rights and Obligations
4. The Customer's Rights and Obligations
5. Export
6. Payments
7. Suspension and Variation of the Service
8. Ownership and Risk
9. Guarantee
10. Limitations and Exclusions of Liability
11. Telephone Numbers, Codes and Directories
12. Connection of the Customer's Equipment
13. Premises Preparation and Access
14. Carrier Pre-Selection
15. Notices
16. General
17. Infringements and Indemnities
18. Termination of the Contract
19. Force Majeure
20. Law
21. Arbitration and Disputes
22. Health and Safety
23. Customer Satisfaction

1. DEFINITIONS

1.1.

The Supplier shall mean Qnet Group Ltd (Qnet)or any associated company: (as defined in s.736 of the companies act.

1.2.

Customer shall mean the other party to any quotation, offer, order or contract with, or by The Supplier.

1.3.

Call Charge shall mean The Supplier’s charges for calls (including reverse charge calls)

1.4.

Minimum Call Charge shall be the tariff as specified in the Contract

1.5.

Charges shall mean any or all of the Charges and fees payable by The Customers for the Service pursuant to this Contract.

1.6.

System shall mean the network used to provide the Service.

1.7.

Connection Charges means the non-refundable charge payable by The Customer for installation and connection to the System as specified in the Order or otherwise notified by The Supplier.

1.8.

Connection Point means a terminal block, a socket for a removable plug, a distribution frame, or any other device which The Supplier fixes in any of the Sites to connect The Customer’s Equipment to an Exchange Line.

1.9.

Early Termination Fee means the set-up Cost multiplied by the proportion of the Minimum Period that remains outstanding.

1.10.

Dial-Up Platform means the access number to be used by The Customer to connect to the Internet or to The Supplier account.

1.11.

Domain Name means the domain name requested by The Customer or any alternative domain name offered by The Supplier.

1.12.

Equipment shall mean any Equipment goods etc. owned by or hired by The Supplier or its licensors that The Supplier uses to provide the Service.

1.13.

Customer’s Equipment means the telecommunications leased line and all Equipment and facilities located at The Customer’s premises not provided by The Supplier.

1.14.

Free-issue Equipment means any special Equipment (e.g. for extension logging) provided by The Supplier at the request of The Customer, the value of which is stated in the Order or specified by The Supplier.

1.15.

Customer Website means the website belonging to The Customer which is hosted by The Supplier.

1.16.

Exchange Line means apparatus forming part of the System used by The Supplier to connect the Site to a telephone exchange to provide the Service.

1.17.

Minimum Period shall be as stated in the Contract.

1.18.

Rental means the monthly fees payable by The Customer for the Service, as set out in the Contract or otherwise notified by The Supplier.

1.19.

Service means services as specified and/or identified in the Contract.

1.20.

Set Up Cost means the initial cost to The Supplier of providing the Service to The Customer, including installation costs and the value of the Free-issue Equipment as stated in the Contract or specified by The Supplier.

1.21.

Site means The Customers Sites at which the Service is to be provided.

1.22.

Invoice shall mean the document despatched to the customer requiring payment.

1.23.

Proforma invoice shall mean an invoice sent by The Supplier to the customer requiring payment to The Supplier before despatch of the goods.

1.24.

Order shall mean Equipment or services requested by The Customer by telephone or in writing on The Customer’s official order form or company letterhead.

1.25.

Normal working hours shall mean 09.00 to 17.30 hours Monday to Friday. (N.B. other working arrangements may be agreed which may result in premium charges.)

1.26.

The Contract and contract documents shall mean these conditions any special or supplementary conditions produced by The Supplier, current price lists, order, supplementary written The Contract and any The Supplier covering and/or confirmation letters.

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2. DURATION AND SCOPE OF THE CONTRACT

2.1.

This The Contract commences on the date of acceptance of the Order by The Supplier and will continue until terminated by either Party on 4 weeks written notice, to expire on or after the end of the Minimum Period. If The Customer terminates The Contract during the Minimum Period it shall Pay, in addition to the other sums payable up to the date of termination, the Early Termination Fee.

2.2.

Conditions or stipulations in, or attached to any documentation whatsoever, submitted by the customer, sought to be imposed by the customer and which are inconsistent with these conditions or which purport to add to modify them in any way shall have no effect. Moreover, it is deemed that The Customer shall agree not to vary or amend these conditions in any way.

2.3.

If any of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question shall not be effected thereby.

2.4.

No employee of The Supplier has authority to make any warranty statement of promise concerning goods or Equipment except in writing signed by a duly authorised officer designated by a Director of The Supplier.

2.5.

Except where the customer relies on The Supplier written advice it is The Customers responsibility to satisfy themselves to the suitability of the goods and Equipment of its needs.

2.6.

The Supplier may make minor alterations to the specification of the Equipment, which does not effect the Equipment’s performance in such circumstances the customer will be notified, and written The Contract will be obtained.

2.7.

A delay in enforcing rights under this The Contract shall not be a waiver.

2.8.

No rights under the contracts (rights of third parties Act 1999) shall arise under this The Contract or for the benefit of any third Party other than the Associated Companies.

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3. THE SUPPLIER'S RIGHTS AND OBLIGATIONS.

3.1.

The Supplier shall exercise all reasonable care and skills expected of a competent telecommunications operator / Internet Service Provider. The Service cannot be guaranteed to be fault free but The Supplier shall provide the same quality of Service to The Customer as it provides generally.

3.2.

The Customer shall report any faults to The Supplier’s Customer Support Department, where it will be dealt with in accordance with agreed procedures. Where no Supplier’s Equipment is installed, The Supplier may request that The Customer first have its designated maintainer check The Customer’s Equipment. If The Supplier agrees to fix a fault that is caused by The Customer or that otherwise falls outside the responsibility of The Supplier or where no fault is found, The Supplier may charge The Customer for any work that The Supplier has undertaken at its applicable rates.

3.3.

Employees of The Supplier shall observe The Customer’s reasonable site regulations previously advised in writing to The Supplier. In the event of any conflict between such site regulations and these conditions the latter shall prevail.

3.4.

Delivery. Where a period or date for delivery is specified such date shall be treated as a best estimate only The Supplier shall not be liable in any way for failure to meet the period or date albeit The Supplier will make best endeavours to minimise delay. Time of delivery shall not be the essence of the contract.

3.5.

Taking Over. Upon installation The Supplier will carry out all necessary tests to ensure the Equipment is in working order. The Equipment shall be deemed to be taken over by the customer at either the date when The Supplier notifies The Customer that the Equipment is in working order or the date when the customer begins to use the Equipment which ever is the earlier. Taking over shall not be prevented by minor faults which do not affects the Equipment’s performance but The Supplier shall remedy such minor faults within a reasonable time.

3.6.

The Supplier reserve the right, to refuse to register a Domain Name, if it believes that it may infringe the Intellectual Property Rights of any third party or is offensive, contrary to the public interest or otherwise unacceptable to The Supplier.

3.7.

The Supplier reserves the right to retain control of the Domain Name and prevent such transfer in the event that any payment in respect of the Charges (including but not limited to the Domain Name Registration Charge) are outstanding.

3.8.

In the event that the Domain Name is not registered as a result of the actions or non-actions directly attributable to The Supplier, the entire liability in respect of any failure to register shall be limited to a refund of any Domain Name Registration Charge actually paid by The Customer to The Supplier.

3.9.

The Supplier reserve the right (but not the obligation):

• To control, direct and establish technical procedures for the use of any Equipment housed by The Supplier and to make operational changes to the Internet Services so provided.
• To inspect or permit any relevant authority to inspect the content and material in The Customer’s files, e-mails, website, etc.
• To change the software, hardware or any other technology used in the performance of this Contract.

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4. THE CUSTOMER’S RIGHTS AND OBLIGATIONS

4.1.

The Customer agrees to comply with the Data Protection Act 1998, (including the data protection principles set out in that Act).

4.2.

The Customer shall not utilise and shall ensure that no other person uses the Service that is contrary to any regulatory or legal requirement or any instructions that The Supplier may give to The Customer.

4.3.

The Customer will provide The Supplier with all information required in order to (and to allow The Supplier to use that information) for credit checking and debt collection (including disclosure to and use by third parties acting for The Supplier) and any other uses and disclosures allowed by the Data Protection Act 1998 and will allow The Supplier to disclose such information to the extent that The Supplier is required to do so by Oftel, the law or any relevant authority.

4.4.

The Customer shall keep safe all of The Suppliers Equipment at the Site safe and shall and shall pay for the replacement and/or repair of any of The Supplier’s Equipment, which is lost, damaged (otherwise than by fair wear and tear) or destroyed. The Customer shall not alter or move any of The Supplier’s Equipment, nor do anything, which is likely to damage or adversely affect its performance, nor remove or deface any of the words or signs on it, nor permit anyone else to do so. The Customer shall not sell, let, mortgage, assign, charge, pledge, dispose of or do anything that would prejudice The Supplier’s Equipment or the System in the same way. The Customer will allow The Supplier to inspect, test, modify, change, add to, replace or remove any Suppliers Equipment, either remotely or via a designated maintainer. At the end of the term of The Contract, The Customer will allow The Supplier access at all times to collect any of The Suppliers Equipment in The Customers possession.

4.5.

The Customer shall at its own cost arrange for the required Site-specific conditions, as notified by The Supplier. This will include, without limitation, mains electricity supply, Connection Points, and computer terminals. The Customer shall prepare the Sites in accordance with The Supplier’s reasonable instructions and reinstate them at The Customer’s expense.

4.6.

The Customer shall ensure that all Customer Equipment used in connection with the Service meets any legal or regulatory requirements and is approved for connection to the System. If not, The Customer must immediately disconnect or replace it or allow The Supplier to do so at The Customer’s expense.

4.7.

The performance by The Supplier of its obligations is dependent upon The Customer performing The Customer Obligations. The Customer shall accordingly comply with The Customer Obligations and The Supplier shall have no liability to The Customer for any breach of Contract, which is caused directly or indirectly by any failure by The Customer.

4.8.

The Customer will be responsible for obtaining and maintaining The Customer’s Equipment. The Supplier has no responsibility for or liability with respect to the use, operation or compatibility of The Customer’s Equipment.

4.9.

The Customer undertakes for itself and for any other party using The Customer’s access to the Internet Services to use all reasonable endeavours to ensure that all communications are in accordance with the laws of the United Kingdom or country where the Services are provided, or under international conventions, codes or regulations applicable to the Internet. Also not to invade the privacy of users of the Internet in general, including sending unsolicited e-mails, newsgroups or message board postings and to maintain confidentiality of the confidential information relating to access to the Internet Services.

4.10.

The Customer agrees not to tamper with routing and domain name services.

4.11.

The Customer agrees not to do or permit anything else which would damage the name and reputation of The Supplier.

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5. EXPORT

5.1.

The Customer shall abide by all relevant laws, regulations and procedures when exporting any Equipment supplied by The Supplier.

6. PAYMENTS

6.1.

The Supplier may change the level of its Charges after giving The Customer 4 weeks written notice of its intention to do so. This notice may be included in an invoice to The Customer. If The Supplier increases the Charges by more than the retail price index during the Minimum Period, The Customer may terminate The Contract in accordance with these terms and conditions within 10 days of receipt of the notice of increase.

6.2.

The Supplier may also change the level of its Charges, retrospectively as well as prospectively, as a consequence of (a) any Oftel direction, determination, order or a similar decision or (b) any notice issued by BT correcting an error in the amount or application of a charge or payment under its interconnect The Contract with The Supplier. In both cases, The Supplier shall only be entitled to change the level of its Charges where the foregoing impacts upon the basis upon which the Charges were calculated.

6.3.

The Supplier shall be entitled to send an invoice to The Customer for the Connection Charge when the Service is available to The Customer, for the Rental monthly in advance and for the Call Charges after the end of the month in which the relevant calls were made.

6.4.

The Customer shall pay all Rental and Call Charges whether The Customer or someone else uses the Service, and whether or not the Services are supplied in full. The Call Charges will be calculated using the details recorded or logged at The Supplier’s telephone exchange and not details recorded by The Customer.

6.5.

The Rental shall continue to be payable during any period of suspension or restriction requested by The Customer in addition to any changes for such suspension or restriction.

6.6.

If in respect of any month of the Minimum Period, the Charges do not exceed 50% of the current monthly spend on calls as shown on the Order, The Supplier shall be entitled to make an additional charge for one-twelfth of the value of the Free-issue Equipment.

6.7.

The Customer shall pay all invoices, without making any deductions whatsoever, within 30 days of the invoice date. In accordance with the “Late Payment of Commercial Debt’s (Interest) Act.” Late payment of invoices may be subject to a daily interest charge on all outstanding balances of base rate + 8%. The base rate is that as set by the Bank of England’s Monetary Policy Committee. Moreover The Supplier may delete all e-mail, Websites, and other data stored on the Service by The Customer and re-use the e-mail addresses, domain names not held by The Customer.

6.8.

Prices are exclusive of VAT which will be added to invoices at the prevailing rate.

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7. SUSPENSION AND VARIATION OF THE SERVICE

7.1.

The Supplier may, in its sole discretion and upon giving The Customer written notice, suspend or vary the Service without Compensation for any period during which: The Supplier is required to do so in order to avoid a breach of its licence under the Telecommunications Act 1984 or the wireless Telegraphy Acts; or The Supplier is obliged or requested to comply with an order or instruction of, or a recommendation or request to take such action received from the government, Oftel, Radio Communications Agency, emergency Services or a competent Authority. Or The Supplier reasonably suspects that The Customer is in breach of Contract.

7.2.

The Customer shall reimburse The Supplier for all the reasonable costs and expenses incurred as a result of the suspension and any re-commencement or variation of the Service where such is a result of any act or omission of The Customer.

7.3.

The Supplier may at any time suspend the Service or any part of it, without liability, in order to repair, maintain or improve the Service. The Supplier will, during such suspension, make best endeavours to ensure that minimum disruption is caused to the Service.

7.4.

In the event that The Customer fails to make any payment of the Charges on the due date, The Supplier reserves the right to give notice of its intention to cancel or suspend any Services whatsoever.

7.5.

In the event that The Supplier incurs any liability to The Customer such liability will be limited in accordance with Clause 10.

7.6.

The Customer’s sole remedy under the Contract for breach by The Supplier in respect of the Internet Services is termination of the Internet Services by immediately discontinuing use of the Internet Services.

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8. OWNERSHIP AND RISK

8.1.

Any part of the Equipment delivered to the customers premises (or premises to which the Equipment is delivered at the customers request) shall at the time of delivery be at the customers risk. Whether or not installed except where loss or damage is caused by the negligence of The Supplier. Where the contract does not include delivery and or installation by The Supplier, risk passes to the customer or his agent when possession of the Equipment has been taken. If The Supplier is delayed in or prevented of delivering or installing the Equipment by any date specified, caused by the customer The Supplier may (in addition to other remedies) on written notice to the customer add to the contract price a reasonable sum in respect of additional costs incurred.

8.2.

Title to the Equipment shall remain the sole and absolute property of The Supplier as legal and equitable owner until such time as the customer shall have paid to The Supplier the agreed price.

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9. GUARANTEE

9.1.

If during the guarantee period, notified to the customer by The Supplier there is a fault in design, manufacture, installation or materials attributable to The Supplier or the negligence of The Supplier, The Supplier will rectify the fault by replacement or repair at the discretion of The Supplier provided that the Equipment has been properly kept used and maintained in accordance with the manufacturers or The Supplier’s instructions and no modifications have taken place (except by the consent of The Supplier). This Guarantee does not cover any fault which fault is due to accidental or wilful damage (including lightening and electrical damage) interference with maintenance of the Equipment by persons other than The Supplier, or The Customer’s faulty design or manufacture. This guarantee does not cover fair wear and tear.

9.2.

Should The Customer replace any faulty Equipment, purchased from The Supplier, then such Equipment must be returned to The Supplier unless otherwise agreed. The Supplier will on receipt, reimburse The Customer related postage charges.

9.3.

The Supplier does not warrant that software will be free from all faults, or that its use will be uninterrupted, as it is not practical to test software in all permutations. The Supplier will however, remedy such defects, which significantly impair performance within a reasonable time.

9.3.

The Supplier may make a reasonable charge in respect of any visit made at The Customers request to repair the Equipment where no fault is found or the fault is not covered by guarantee.

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10. LIMITATIONS AND EXCLUSIONS OF LIABILITY

This Clause sets out The Supplier’s entire liability (including any liability for acts or omissions of The Supplier’s employees, agents or subcontractors) to The Customer in tort, contract or otherwise arising in connection with the performance, non-performance or contemplated performance of this The Contract. Except as set out in this The Contract, The Supplier provides no warranties, conditions or guarantees as to the description or quality of the Service, and all warranties, conditions or guaranties implied by or expressly incorporated as a result of custom and practice, statue, common law or otherwise are hereby expressly excluded as permitted by law.

10.1.

The Supplier is not responsible for the action or non-action of BT. Or other telephone line providers.

10.2.

Subject to Clause 10.4, The Supplier’s entire Liability for non-fraudulent representation, or implied warranty, condition or other term, or under any duty at common law, or in tort or under the express terms of this Contract shall not exceed £1, 000, 000 (one million pounds sterling) for any one incident or series of incidents and £2, 000, 000 (two million pounds sterling) in aggregate during the term of this Contract.

10.3.

3 Notwithstanding anything to the contrary in this The Contract, but Subject to Clause 10.4, The Supplier shall not be liable to The Customer under the express terms of The Contract or by reason of any non-fraudulent representation, or implied warranty, condition or other term, or any duty at common law, or any tort, for any loss of profits or revenue, loss of income or business, loss of good will or reputation, loss of anticipated savings, loss of data, loss of use, or damages, loss of expenses payable by The Customer to any third Party or any indirect or consequential or special loss or damage including latent and propriety defects whatsoever and howsoever caused.

10.4.

The Supplier does not exclude or restrict liability for death or personal injury resulting from its own negligence, or fraudulent misrepresentation.

10.5.

The Supplier and The Customer acknowledges that it considers the provisions of this Clause 10 to be reasonable, taking account of the other terms of this The Contract (including the Charges) and its ability to insure against losses which may arise from any breach by the Party of its obligations under this The Contract.

10.6.

The provisions of this Clause 10 shall survive termination or expiry of The Contract.

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11. TELEPHONE NUMBERS, CODES AND DIRECTORIES

11.1.

The Supplier may alter the name or number of a telephone exchange serving the Exchange Line, the telephone number, or any other name, code or number whatsoever that The Supplier allocates to The Customer in instances where such alterations are required as a result of necessary operational or technical changes to The Suppliers telecommunications network or changes in legal or regulatory requirements.

11.2.

The Supplier will allocate a telephone number to The Customer in respect of the Exchange Line and, unless The Customer requests otherwise, will arrange a free standard entry to be made in a Telephone Directory. If The Supplier agrees to arrange a special entry (for which a charge would be made), this would be subject to additional terms and conditions.

11.3.

3 Where The Supplier allocates telephone numbers to The Customer, The Customer will not (Subject to any statutory or license provisions relating to number portability) acquire any rights whatsoever in such telephone numbers. The Customer will not apply for registration of the telephone numbers as part of a trademark.

11.4.

The Supplier does not accept any liability for claims relating to The Customer’s use or to continual use of a particular number.

12. CONNECTION OF THE CUSTOMER’S EQUIPMENT

The Customers Equipment to be connected with the Service shall be connected by means of Connection Points and ancillary wiring, both as installed and maintained by The Supplier. If The Customer wishes a Connection Point moved place within the Site, The Supplier may agree, Subject to payment of The Supplier’s appropriate Charges.

12.1.

The Customer shall, at The Supplier’s request, arrange for The Customers Equipment to be reprogrammed by its designated maintainer in accordance with instructions provided by The Supplier, to enable any indirect or other access. The Supplier will have no responsibility in respect of such reprogramming.

12.2.

Where the Equipment is to be connected to a wide area network it is the customer’s responsibility to arrange for such a connection to be made to pay any connection charge and to comply with any conditions relating to connection.

12.3.

Installation of the Equipment under this contract does not include connection.

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13. PREMISES PREPARATION AND ACCESS

13.1.

The customer shall at their own expense provide full and convenient access to and provision on the premises concerned of a proper safe and suitable working environment this includes provision of all lighting heating electrical power supplies and welfare facilities.

14. CARRIER PRE-SELECTION

14.1.

The Customer shall provide to The Supplier any relevant account and Calling Line Identification (CLI) numbers that may be required by British Telecommunications PLC or other telephone line provider (BT). The Customer acknowledges that The Supplier cannot process the provision of the Service until such information is provided. The provision of the Service requires that BT undertake programming at exchange level. Accordingly, it is agreed that at any act, default or delay by BT in carrying out such programming or otherwise relating to or affecting the Service shall not be the responsibility of The Supplier. The Customer authorises The Supplier to complete and deliver to BT on behalf of The Customer all reasonable and relevant requests for information etc.

15. NOTICES

15.1.

Notices must be written and delivered by hand, registered post or recorded delivery. A notice will be deemed served on hand delivery, except where this is outside a Working Day, in which case the next Working Day; or 2 Working Days after posting.

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16. GENERAL

16.1.

The Supplier may transfer or assign its rights and obligations to any Associated Company and may sub-contract any of its obligations. Otherwise, neither Party may transfer or assign any rights, licences or obligations under this The Contract without the prior written consent of the other Party, which will not be unreasonably withheld or delayed.

16.2.

Where The Customer requires support and maintenance of any or all of the Hardware or Software then this shall be subject to The Supplier and The Customer entering into a Support Contract, where the customer has entered into such a contract the customer shall not solicit any of Qnet’s employees for works outside this contract. Customers that wish to solicit the service of Qnet employee’s or past employees (restricted to a one year time restraint) shall be subject to charges at the agreed contract rate, Customers that wish to solicit to employee Qnet employee’s or past employees (restricted to a one year time restraint) shall be subject to a charge of three hundred pounds per day for a three month period for lost revenue and associated employment costs.

16.3.

The copyrights and intellectual property rights on all software remain the property of The Supplier or its licensor. The Supplier grants The Customer a non-exclusive, non-transferable licence to use the software for the purpose of using the Equipment only. The Customer shall not reproduce the software except where it is strictly necessary for the use of the Equipment or for back-up purposes. Such reproductions must be in object form code only. The Customer shall keep all software and manuals or any other associated documentation in confidence. Any necessary disclosures shall be made in confidence and are permitted only for the proper use of the Equipment. The Customer shall not modify the software without written permission from The Supplier. The copyright and/or, intellectual property rights any such modifications shall vest with The Supplier.

16.4.

The Customer shall sign any The Contract regarding intellectual property rights, deemed necessary by The Supplier.

16.5.

The copyright of all documents, drawings, information and any other contract related documentation supplied to The Customer shall remain vested with The Supplier. Moreover they must not be copied, disclosed or used except for the express purpose that they were supplied, unless written permission is obtained from The Supplier.

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17. INFRINGEMENTS AND INDEMNITIES

The Supplier shall indemnify The Customer against all claims and proceedings arising from infringement of any patent, design or copyright which is attributable to The Supplier. Resulting from The Customers use or possession of the Equipment. This indemnity is conditional on that The Customer shall notify The Supplier promptly, in writing of any allegation of infringement, make no admission relating to infringement and allow The Supplier to conduct all negotiations and proceedings and give The Supplier all reasonable assistance. Indemnity does not apply to any infringements of The Customer whatsoever. Furthermore The Customer shall indemnify The Supplier against any claims, proceedings and/or expenses arising from such infringements. Should an allegation of the above be made The Supplier may replace or modify the Equipment, at the discretion and cost of The Supplier. Providing that such action does not affect the performance of the Equipment.

18. TERMINATION OF THE CONTRACT

Without prejudice to other rights, The Supplier shall have the right to terminate this contract and to claim for resulting losses and/or expenses if The Customer commits any act of bankruptcy or compounds with its creditors, or a petition or receiving order in bankruptcy or an administration or winding up order is presented or made against The Customer.

19. FORCE MAJEURE

The Supplier shall not be liable in respect of any breach of contract due to any circumstances beyond its control including: Act of God, inclement weather, flood, lightning, fire, industrial action, acts or omissions of government, local authorities or statutory bodies, war, military operations, or riot, the action or omissions of any party which could not have been foreseen and not under the control of The Supplier.

20. LAW

These conditions, including any other contract documentation and the contract between The Supplier and The Customer shall be governed and construed in accordance with the Laws of England.

21. ARBITRATION AND DISPUTES

If any difference or dispute shall arise between The Supplier and The Customer as to the construction or meaning of any words in these conditions, as to any matter arising out of or in connection with the same, or the Contract in general the matter shall be referred to a third party, agreed between The Supplier and The Customer as a sole arbitrator whose decision shall be final. Failure to agree on a sole arbitrator the matter shall be referred to the President of the Law Society for determination.

22. HEALTH AND SAFETY

The Supplier shall comply fully with all health and safety legislation and codes of practice so required, including any necessary risk assessment. The Customer shall supply all "comprehensive information" necessary for this purpose.

23. CUSTOMER SATISFACTION

The Supplier has a policy of “Putting The Customer first.” The aim is to ensure that The Customer is satisfied with the Equipment and Service supplied by The Supplier and the conduct of its staff. The Supplier therefore welcome any constructive criticism in orders that Customer satisfaction is attained.