(ii) All other conditions, requirements, declarations, statements, undertakings, obligations and warranties of the client or consultant and all duties of care and all liabilities (if any) of the same arising therefrom are hereby wholly excluded.

(iii) The consultant reserves the right to modify these "Terms & Conditions" and the services provided at its own discretion. The consultant shall however endeavour as far as possible to inform clients of such modifications as and when they may arise as well as to maintain at all times the most up to date wording for perusal by existing and prospective clients on this "Traffic-Solutions.co.uk Ltd - Terms & Conditions" page situated on the web at (http://www.traffic-solutions.co.uk/terms.htm) the prevailing wording for which shall always be construed as that contained herein in the English language.

2. PRICE VARIATIONS & QUOTATIONS - (i) All quotations for services are based on the consultant's current cost of operation and may be modified. The consultant shall not be held to any price quoted over the telephone or verbally by any representative of the company without written confirmation of the same. Firm prices generally speaking, shall be provided in the form of an e-mailed or faxed quotation for the services requested, be valid for 28 days and be invoiced thus on order.

3. VALUE ADDED TAX - With respect to UK based clients the consultant reserves the right to charge any value added tax payable whether or not this may have been included or not on the original quotation or invoice.

4. PRELIMINARY or INCIDENTAL WORK - All work carried out, whether experimental or otherwise at a client's request, shall unless otherwise agreed on in writing, be charged for at the appropriate rate.

5. SET UP, COMPLETION & PAYMENT - (i) All prices quoted should be paid before the start of the clients campaign unless otherwise agreed between the client and the consultant for valid reasons.

(ii) If as above an agreement is reached about part payment then a monthly rate should be paid starting before the campaign and the remaining monies plus any other costs accrued shall become due every month thereafter. Publishing to the "world wide web" and the inclusion of client web sites to Internet "Search Engines" by the consultant shall not be undertaken until first payment or full payment (depending on the agreement) has been received from the client.

(iii) The consultant shall also be entitled at its discretion to charge the client additional sums arising from late payment of outstanding monies and dishounoured cheques, etc. In the case of dishonoured cheques the sum of £35, in the case of each reminder letter the sum of £15.

(iv) The consultant shall also be entitled to charge interest at up to 6% per annum above the Bank of England's prevailing base lending rate on any account that remains unpaid after the due date. Further the consultant shall be entitled to recover from the client any and all costs and disbursements incurred by the consultant in employing a solicitor, lawyer, debt collector or other third party to enforce or collect payment of an overdue account. Whilst an account is overdue for payment the consultant shall be entitled to withhold or suspend performance of any outstanding contractual obligations.

6. LIABILITY - (i) Whilst the consultant will endeavour to provide a prompt and efficient service to the best of its ability, the consultant shall not be liable for any problems (including search engine server trouble) resulting from technical difficulties, missed payments, or service interruptions caused by events beyond its control, or by errors instigated by the client.

(ii) The liability of the consultant (if any), contractual, negligent or otherwise arising out of or in connection with the supply of services hereafter shall be limited concerning any one occurrence or in a series of two or more connected occurrences to a maximum of one thousand pounds sterling.

(iii) With respect to Internet 'domain names' registered on behalf of a client, the consultant undertakes such registrations in good faith with the relevant naming organisation (e.g. Nominet, Internic, Nomination, etc) and is subject to the terms and conditions of that organisation and their availability at the time of ordering. Such registrations are therefore only 'provisional' until written confirmation is received from the consultant. Any claims for reimbursement for expenses for publicity or other materials produced without such written confirmation are therefore entirely excluded. All other claims are limited as per 6 (ii) above.

(iv) The transfer by clients of Internet 'domain names' registered or 'hosted' by the consultant, whether these be to third parties or not, are subject to an administrative charge of £30.00 per domain name. This charge plus any other outstanding monies shall be paid to the consultant before any such transfers will be permitted.

7. ILLEGAL MATTER - (i) The client acknowledges that they may only use the services provided by the consultant for lawful purposes.

(ii) The consultant shall not be required to produce or disseminate any matter which in its opinion may be obscene, threatening or defamatory or of an illegal or libellous nature or the infringement of the proprietary rights of a third party.

(iii) Further, the consultant shall be indemnified by the client with respect to any claims, costs and expenses arising from any libellous matter or infringement of copyright, patent, design or other proprietary or personal rights contained in any material produced for or published by the consultant on the client's behalf. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim.

8. COPYRIGHT - All work provided directly by the consultant is protected as a collective work under applicable copyright law. The copying, redistribution or publication by a client of such content or part thereof is strictly prohibited except with the written consent of the consultant.

9. RESTRICTIONS - The consultant shall be entitled to assign its contract with the client either in whole or part. The client shall not be entitled to assign, re-sell or in any other way transfer in whole or part its contract with the consultant.

10. SUSPENSION OF SERVICE - The consultant may elect to suspend service immediately on breach of any of these Terms and Conditions, including without limitation arising from late or non-payment of sums due.

11. FORCE MAJEURE - (i) The consultant shall be under no liability whatsoever if it shall be unable to carry out or fulfill its contractual obligations to the client for any reason beyond its control (without limiting the foregoing), acts of God, changes in legislation, war, revolution, fire, flood, drought, failure of power supply, lock-outs, strikes or other action taken by employees in contemplation or furtherance of a dispute or owing to the inability to procure materials or services required for the performance of such.

(ii) During the continuation of such a contingency the client may by written notice to the consultant (by letter or e-mail) elect to terminate its contract and pay any sums owing, but subject thereto shall otherwise accept the provision of services when available.

12. REFUNDS - In the event of any work or services supplied by the consultant being considered of an unsatisfactory nature by the client, then refunds of whole or part of sums received shall be at the discretion of the consultant, subject to the client's statutory rights.

13. LAW - These Terms and Conditions shall be governed and construed in accordance with the laws of England.

TRAFFIC-SOLUTIONS.CO.UK LTD - Company Registration No. 4471439 (England)
UK VAT Registration No: 758 2441 15 Registered Office: 43a York Street, Wigan, Lancashire, WN3 4BY, England. Telephone: +44 01942 517800 E-Mail: sales@traffic-solutions.co.uk. Last Amended 22-05-03