Services Agreement

Home/Services Agreement

This Agreement is made between TopHome Security Ltd. We are a private limited company, incorporated and registered in England, whose registered office is at 110 Carlton Avenue East, Wembley, Middlesex, United Kingdom, HA9 8LY, trading as TopHome Security (“we”, “us”, “our”).and The Customer (“you”, “your”).

BACKGROUND

TopHome Security offers commercial and residential security equipments installations and provides related fitting services (“Services”)(collectively, the “Products”). The Customer wishes to engage with TopHome Security for the provision of its Products and TopHome Security is willing to provide its Products to the Customer in accordance with the terms and conditions of this Agreement.

BY PLACING AN ORDER WITH US, YOU AGREE TO THE FOLLOWING TERMS

Interpretation
How to Contact Us
Your Order with Us and Our Contract with You
Our Products
Your Right to Make Changes
Our Rights to Make Changes
Providing the Products
Delivery and Collection
We may Suspend the Supply of Products
Your Rights to end the Contract
Your Right to Change Your Mind
Business to Business Warranties
Our Liability: You Attention is Particularly Drawn to this Clause
How to end the Contract with Us
Returning Products After Termination of Contract
Refunds
Our Rights to end the Contract
If There is a Problem with the Product
Price and Payment
Our Responsibility for Loss or Damage Suffered by You
How We may Use Your Personal Information
Transfer of Rights and Obligations Under These Terms
Third Party Rights
Severance
Delays in Enforcing This Contract
Governing Law

INTERPRETATION

The following definitions and rules of interpretation apply in this Agreement:

“Business Day” means 10am to 6pm, Monday to Saturday and closed on Sundays. For the avoidance of doubt, at no point will a public holiday in England be considered to be a Business Day.
“Document” includes (in additional to any document in writing) any drawing, plan, diagram, design, image, tape, disk, or any other device or record embodying information in any form.
“Intellectual Property Rights” or “IPR“ means patents; utility models; rights to inventions; copyright, neighbouring, and related rights; trademarks and service marks; business names and domain names; rights in get-up and trade dress, goodwill, and the right to sue for passing off or for unfair competition; rights in designs; database rights; rights to use, and to protective confidentiality of, confidential information (including know-how and trade secrets); and all other intellectual property rights, in each case whether registered or unregistered, and including all applications and rights to apply for and be granted renewals or extensions of, and rights to claim priority from such rights and all similar or equivalent rights or forms of protection, which subsist or will subsist, now or in future, in any part of the world.
“VAT” means value added tax, chargeable under the Value Added Tax Act 1994.
References to “our website” are TopHome Security a site operated by TopHome Security.
References to clauses are to the clauses of this Agreement.
Clauses and paragraph headings shall not affect the interpretation of this Agreement.
Unless the context otherwise requires, words in the singular shall include the plural, and words in the plural shall include the singular.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
Any words following the terms “including”, “include”, “in particular”, “for example”, or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase, or term, preceding or following those terms.
A reference to “writing” or “written” includes e-mail.
A reference to a person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality).
A reference to a party shall include that party’s personal representatives, successors, and permitted assigns.
A reference to a company shall include any company, corporation, or other corporate body, wherever and however incorporated or established.
A reference to a holding company or a subsidiary means a holding company or subsidiary as defined in section 1159 of the Companies Act 2006, and a company shall be treated for the purposes only of the membership requirement contained in section 1159(1)(b) and (c), as a member of another company, even if its shares in that other company are registered in the name of (a) another person, by way of security or in connection with the taking of security, or (b) its nominee.
A reference to a statute or statutory provision shall include all subordinate legislation made from time to time, under that statute or statutory provision.
Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

HOW TO CONTACT US

You can contact us by telephoning our customer service team via our mainline 07852239806, or to 110 Carlton Avenue East, Wembley, Middlesex, United Kingdom, HA9 8LY.
If we must contact you, we will do so by the telephone number, email address, social media platforms such as WhatsApp/Facebook/Instagram or postal address you provided to us when placing your order.
If you are contacting us about an order you have placed with us, please have your order number at hand as we use this to locate the details of your order.

YOUR ORDER WITH US AND OUR CONTRACT WITH YOU

We will send you an email to confirm our acceptance of the order you have placed for our Products, at which point, this contract will
come into existence between you and us.
If we are unable to accept your order, we will inform you of this and will not charge you for the Product. Reasons for this may be because:
The Product is out of stock.
Of unexpected limits on our resources which we could not reasonably plan for.
A credit reference we have obtained for you does not meet our minimum requirements.
We have identified an error in the price or description of the Product.
We are unable to meet a delivery deadline you have specified.
If your order is accepted, we will assign an order number to your order and will notify you of this in our order confirmation email.

OUR PRODUCTS

The images of the Products on our website are for illustrative purposes only and it is possible that you’re delivered Product may vary slightly from those images.
Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products.
We have made every effort to be as accurate as possible, although some our Products are handmade and therefore all sizes, weights, capacities, dimensions, and measurements may vary.
If we are making the Product to measurements, you have provided us, you are responsible for ensuring that the measurements you provide are correct. You can find information and tips on how to measure by contacting us at 07852239806 or following any other instructions that we give to you to enable you to provide us with measurements. Once we have received instructions from you, we will provide you with a rough design for you to approve before starting work on your vehicle. We also reserve the right to upload any custom design to our website, YouTube channel and any other social media now or hereafter known and, to the extent required, you grant us an irrevocable, royalty free license in perpetuity to enable to do the same (and any activity that is contingent to, or allows us to profit from, the same).
Please note: The packaging of the Product may vary from that shown in images on our website.

YOUR RIGHTS TO MAKE CHANGES

If you wish to make changes to your order, whether this before dispatch or in the case of ongoing contracts, after the Agreement has begun in respect of the Products yet to be delivered, please contact us and we will let you know if the change is possible.
It may not be possible to amend or cancel a special ordered item
If it is possible, we will let you know about any changes to the total cost of the Product, the timing of supply, or anything else which would be necessary as a result of your requested change. We will always ask you to confirm whether you wish to go ahead with the change.
If we cannot make the change, or the consequences of making the change are unacceptable to you, you may want to end this Agreement (see Clause 12).

OUR RIGHTS TO MAKE CHANGES

We may make changes to the Product or to these terms, but if we do, we will notify you. In this instance, you may contact us to end this Agreement before the changes take effect and receive a refund for any Products paid for but not received.
We may change a Product:
To reflect changes in relevant laws and regulatory requirements.
To implement minor technical adjustments and improvements. For example, to address a security threat. We will contact you if the changes will affect your use of the Product.

PROVIDING THE PRODUCTS

During the order process we will let you know when we will provide the Products to you:

If the Products you are purchasing are Goods, we will provide an estimated delivery date (“Delivery Deadline”). You agree that any Delivery Deadline is solely an estimate, and that time will not be of the essence for deliveries. If we are providing one-off Services, we will begin Services on the date agreed with you during the order process.

If we inform you that to perform the Services, we need to access your property and you do not allow us access to your property to perform the Services as arranged and you do not have a good reason for this (at our absolute discretion), we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property, we may end the Agreement and Clause 17.3 will apply.

We may need certain information from you so that we can supply the Products to you. For example, we require your name, address, and phone number during the ordering process. We also require information as to the type of property, as well as the type of service and what you would like installed on your property. For the avoidance of doubt, the list of information provided in this clause is not exhaustive and it is likely that we will require other information. We will contact you to for such information. If you do not provide this information within a reasonable time of our request, or if you give us incomplete or incorrect information, we may either end the Agreement (and Clause 17.3 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late, or not supplying any part of them, if this is caused by you not giving us the information we need within a reasonable time of our request.

We are not responsible for delays outside our control. If these delays occur, we will contact you as soon as possible to let you know and will take steps to minimise the effect of the delay. Provided we do this, we are not to be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the Agreement and receive a refund for any Products you have paid for but not received. However if it is a special ordered item then there will not be any refund due and we will notify you of this beforehand.

DELIVERY AND COLLECTION

You own the type of installation we have provided once we have received payment in full.
If the estimate Delivery Deadline is missed, we will agree a new deadline.
If you wish to treat the Agreement as at an end under Clause 8.7, you can cancel your order for any of service we have provided or reject the type of service that has been delivered. You will only have the right to do this if we are in breach of any term of (a)(i) the Sale of Goods Act 1979 or the (ii) Supply of Goods and Services Act 1982 (if you are a business) or (b) the Consumer Rights 2015 (if you are a consumer) or (c) otherwise have a remedy in law. If none of these conditions are fulfilled, we reserve the right to receive payment in full.

WE MAY SUSPEND THE SUPPLY OF PRODUCTS

We may suspend the supply of a Product to Deal with technical problems or make minor technical changes.
Update the Product to reflect changes in relevant laws and regulatory requirements.
Make changes to the Product as requested by you or notified by us to you (see Clause 6).
We will contact you in advance to tell you we will be suspending supply of the Product unless the problem is urgent or an emergency.
If we have to suspend the Product for longer than 6 months in any rolling 12-month period, we will adjust the price so that you do not pay for Products while they are suspended.
You may contact us to end the Agreement for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 6 months in any 12-month period and we will refund any sums you have paid in advance for the Product in respect of the period after you end the Agreement.
If you do not pay us for the Products on the date you are required (see Clause 19.7) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. However, we will not suspend the supply of the Products where you dispute the unpaid invoice (see Clause 19.9).
As well as suspending the Products, we may also charge you interest on your overdue payments (see Clause 19.8).

YOUR RIGHTS TO END THE CONTRACT

Your rights when you end the Agreement will depend on what you have bought, whether there is anything wrong with it, how we are performing, and when you decide to end the Agreement:
If what you have bought is faulty or misdescribed, you may have a legal right to end the Agreement, to get the Product repaired or replaced, to get the Service re-performed, or to get some or all your money back (see Clause 18).
If you are ending the Agreement for any of the following reasons, the Agreement will end immediately, and we will refund you for any Products which have not been provided:
We have told you about an upcoming change to the Product or to these terms which you do not agree to (see Clause 6).
We have told you about an error in the price or description of the Product you have ordered, and you do not wish to proceed.
There is a risk that supply of the Products may be significantly delayed because of events outside our control.
We have suspended the supply of the Products for technical reasons or we notify you of our plans to suspend them for technical reasons. In each case, for a period of more than 6 months in any rolling 12-month period.
You are exercising your legal right to end the Agreement because of something we have done wrong
If you have just changed your mind about the Product, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions (see Clause 11).
In all other cases where we are not at fault and there is no right to change your mind, see Clause 11.4 and Clause 11.5.
Special ordered items such as bespoke parts or products specifically ordered or out sourced products are non refundable

YOUR RIGHT TO CHANGE YOUR MIND

If you are (a) an individual, (b) are not acting in the course of a business, (c) have ordered our products online, and (d) fit any of the other terms of the Consumer Contracts Regulations 2013, you have a legal right to change your mind about the Product within 14 days and receive a refund.

You do not have the right to change your mind once the service has been completed in full in respect of

CCTV Installations
Access Control Systems
Intruder Alarms
Services, once these have been completed, even if the cancellation period is still running; Any Products which become mixed inseparably
with other items after their delivery. How much time you have to change your mind depends on what you have ordered and how it is
delivered. If you have bought Services, you have 14 days after the date we email you to confirm we accept your order. However, once we
have completed the Services, you cannot change your mind, even if the period is still running. If you cancel after we have started the
Services, you must pay us for the Services provided. If you bought Goods, you have 14 days after the date you, or someone you nominate,
receive the Goods, unless. Your Goods are split into several deliveries over different days. In this case you have until 14 days after the
date you, or someone you nominate, receive the last delivery to change your mind. Your Goods are for regular delivery over a set period.
In this case, you have until 14 days after the date you, or someone you nominate, receive the first delivery of the Goods. Even if we are
not at fault and you do not have a right to change your mind (see Clause 10.1), you can still end the Agreement before it is completed, but
you may have to pay us compensation as set out in Clause 11.5. When the Agreement is considered complete. A contract for Goods is
completed when the order is paid for and delivered. A contract for Services is completed when we have finished providing the Services
and you have paid for them. If you would like to end the Agreement before it is completed, where we are not at fault and you have not
changed your mind, you can contact us to let us know. The Agreement will end immediately, and we will refund any sums paid by you for
Products not provided, but we may deduct from that refund (or if you have not made an advance payment, charge you). If you are an
organisation (as opposed to an individual) or are an individual acting in the course of your business, this clause will not apply to you.
Clause 12 will apply in its stead.

BUSINESS TO BUSINESS WARRANTIES

We provide a warranty that on delivery, the Goods shall Subject to any derogations set out elsewhere in this Agreement, conform in all material respects with their description; and Be free from material defects in design, material, and workmanship; and Be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
The Customer acknowledges that the goods are provided for no specific purpose unless such a specific purpose has been placed in writing and signed by both parties; and the Services shall be provided with commercially reasonable care and skill.
Subject to clause 12.3, if: you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 12.1; we are given a reasonable opportunity of examining the Goods; and we ask you to do so, you return the Goods to us at your cost, we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
We will not be liable for breach of the warranty set out in clause 12.1 if: you make any further use of the Goods after giving notice to us under clause 12.2; the defect arises as a result of us following any drawing, design or specification supplied by you; the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
We will only be liable to you for the Goods’ failure to comply with the warranty set out in clause 12.1 to the extent set out in this clause 12.
These Terms also apply to any repaired or replacement Goods supplied by us to you.
The Terms implied by the following legislative acts are, to the maximum extent permitted by law, excluded so far as they are inconsistent with this clause 12:
sections 13 to 15 of the Sale of Goods Act 1979; and
sections 13 to 15 of the Supply of Goods and Services Act 1982.
Any Call outs within the warranty period are not covered under the warranty and will be chargeable to the customer.

OUR LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

References to liability in this clause 13 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
Nothing in these Terms limits or excludes our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 17 of the Consumer Rights Act 2015 (title and quiet possession); or
any other liability that cannot be limited or excluded by law.
Subject to clause 13.2, we will under no circumstances be liable to you for:
any loss of profits, sales, business, or revenue;
loss of business opportunity;
any loss of savings or anticipated savings;
loss of goodwill;
loss of income;
damage to property;
any indirect or consequential loss.
Any Call outs within the warranty period are not covered under the warranty and will be chargeable to the customer.

HOW TO END THE CONTRACT WITH US

To tell us you want to end the Agreement with us, please let us know by doing one of the following:
Contact us at 07852239806. Please reference your order number and provide your name, home address, details of the order, and where available, your telephone number.
Write to us at 110 Carlton Avenue East, Wembley, Middlesex, United Kingdom, HA9 8LY. Please reference your order number and provide your name, home address, details of the order, and where available, your telephone number and/or email address.
Following any other written instructions, we give to you to end the Agreement. Where there is ambiguity over whether the Agreement has ended under this clause 12.1.3, we will have the final say on the dispute.

RETURNING PRODUCTS AFTER TERMINATION OF CONTRACT

If you end the Agreement for any reason after Products have been dispatched to you or you have received them, you must return them to us by doing one of the following:
Return them in person to us.
If you are exercising your right to change your mind, you must return the Goods within 14 days of telling us you wish to end the Agreement.
We will pay the costs of return, if:
The Products are faulty or misdescribed.
You are ending the Agreement because we have told you of an upcoming change to the Product or to these terms.
You are ending the Agreement because we made an error in pricing or description.
You have a legal right to end the Agreement as a result of something we have done wrong.
If Clause 15.3 applies, please contact us for a returns label or to arrange a free collection.
In all other circumstances (including where you are exercising your right to change your mind), you are responsible for the costs of the return and if we are collecting the Product from you, we will charge you the direct cost to us of collection. You will be charged at the reasonable rate we advise you before we collect the product.
If there are special ordered items or products then they will be non refundable.

REFUNDS

If a return or cancellation is accepted, we will refund you the price you paid for the Products by the method you used for payment and will make any refunds due to you as soon as possible.
If you are returning Goods, your refund will be made as soon as possible from the day on which we receive the Product back from you.
You must request a refund for the original delivery costs by contacting us at 07852239806. However, we do not provide a refund for delivery costs if you are retuning some, but not all the Goods from your order. If we accept your request to refund the original delivery costs, the maximum refund will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost, but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
We may make deductions from the refund due to you:
We may reduce your refund of the price to reflect any reduction in the value of the Goods if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
Where you have purchased Services and the services have been provided in full and completed. There will be no full or partial refunds issued once the service has been completed referred in (Clause 11.2)

OUR RIGHTS TO END THE CONTRACT

We may write to you to let you know that we are going to stop providing the Product. We will let you know at least 3 days in advance of us stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
We may end the Agreement for a Product at any time by writing to you, if:
You do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due.
You do not, within a reasonable time of our request, provide us with information that is necessary for us to provide the Products.
You do not, within reasonable time, allow us to deliver the Products to you or collect them from us.
You do not, within a reasonable time, allow us access to your premises to supply the Services.
You commit a material breach of any term of this Agreement where the breach is irremediable, or if such a breach is remediable, you fail to remedy that breach within 14 days of our written notice.
You repeatedly breach any of the terms of this Agreement in such a manner as to reasonably justify the opinion that your conduct is inconsistent with you having the intention or ability to give effect to the terms of this Agreement.
If we end the Agreement in the situations set out in Clause 17.2, we will refund any money you have paid in advance for the Products we have not provided, but we may deduct or charge you 50 per cent of the price calculated, as compensation for the net costs we will incur as a result of you breaking the Agreement.

IF THERE IS A PROBLEM WITH THE PRODUCT OR SERVICE

If you have any questions or complaints about the Product, please contact us. You can write to us at 07852239806 or to 110 Carlton Avenue East, Wembley, Middlesex, United Kingdom, HA9 8LY.
We are under a legal duty to supply Products that are in conformity with this Agreement. Nothing in these terms will affect your legal rights.
If you have purchased Goods:
The Goods must be as described, fit for purpose, and of satisfactory quality.
If the Goods we have supplied to you are faulty (and you are an individual not acting in the course of your business), you are entitled to up to 30 days to return them and receive a refund.
If the Goods cannot be repaired or replaced, you are entitled to a full refund, in most cases.
If the Goods do not last a reasonable length of time, you may be entitled to some money back.
If you have purchased Services:
You can ask us to repeat or fix a Service if it is not carried out with reasonable care and skill
If you have not agreed a price beforehand, what you are asked to pay must be reasonable.
If you have not agreed a time beforehand, it must be carried out within a reasonable time.
If you wish to exercise your legal rights to reject Products, you must return them (see clause 15).
Any Call outs within the warranty period are not covered under the warranty and will be chargeable to the customer.

PRICE AND PAYMENT

The price of the Product (which does not include VAT, unless otherwise stated) is the price indicated on the order form when you placed your order (“Stated Price”).
If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
Although we take care to ensure that the price of the Product advised to you is correct, it is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced.
We will normally check prices before accepting your order so that, where the Product’s correct price at your order date is less than our Stated Price at your order date, we will charge the lower amount. If the Product’s correct price at your order date is higher than the Stated Price advised to you, we will contact you for instructions before we accept your order.
If we accept and process your order where a pricing error is obvious and unmistakable and could have been recognised by you as mis price, we may end the Agreement, refund you any sums you have paid, and require the return of any Goods provided to you.
We accept payment with all major debit/credit cards or by cash.
When you must pay depends on what Product you are buying:
We will take payment from you at the time you place your order unless we subsequently agree otherwise.
You must pay each invoice submitted to you by us prior to the products being provided.
If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount.
If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved, we will charge you interest on correctly invoiced sums from the original due date.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

“Foreseeable” means it is obvious that it will happen, or if at the time the Agreement was made, both we and you knew it might happen. For example, if you discussed it with us during the sales process.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a Foreseeable result of us breaking this Agreement, or our failing to use reasonable care and skill.
We are not responsible for any loss or damage that is not Foreseeable.
A failure or delay by a party to exercise any right or remedy provided under this Agreement or by law, shall not constitute a waiver of that (or any other) right or remedy.
We do not exclude or limit in any way, our liability to you where it would be unlawful to do so. This includes liability for:
Death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors.
Fraud or fraudulent misrepresentation.
A breach of your legal rights in relation to the Products including the right to receive Products which are; as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable care and skill; and for defective Products under the Consumer Protection Act 1987.
We only supply the Products for domestic and private use. If you use the Products for any commercial, business, or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Policy on our website.

TRANSFER OF RIGHTS AND OBLIGATIONS UNDER THESE TERMS

We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the Agreement within 90 days of us telling you about it and we will refund you any payments already made in advance for Products not provided.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We retain the right, at our sole discretion, not to agree to a transfer being made.

THIRD PARTY RIGHTS

This Agreement is between you and us. No other person has any rights under this Agreement, or any rights to enforce any of its terms. Neither party will need to get the approval of any other person who is not a party to this Agreement in order to end the Agreement or make any changes to these terms.

SEVERANCE

Each paragraph of these terms operates separately. If any court or relevant authority finds any paragraph of this Agreement unlawful, the rest will remain in full force and continue in effect.

DELAYS IN ENFORCING THIS CONTRACT

If we do not insist immediately that you do anything that you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the Products, we can still require you to make the payment at a later date.

GOVERNING LAW

This Agreement, and any dispute or claim arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes), shall be governed by and construed in accordance with the law of England. We both agree that the courts of England and Wales will have exclusive jurisdiction. Nothing in this clause will prevent a party enforcing a judgment of the Courts of England and Wales against another party in a jurisdiction in which that party has assets against which the judgment may be enforced.