1. Definitions and interpretations

1.1. The following definitions and rules of interpretation apply in these Terms

“Additional Termination Charge” has the meaning given to it in clause 15.2;

“Annex” or “Annexes” has the meaning given to it in clause 2.1;

“Call Tariffs” mean the rates we charge you on a pence per minute basis for calls you make using our telephony Services;

“Charges” mean the money you agree to pay us under these Terms in exchange for the Goods and/or Services;

“Contract” means the relevant contract(s) between us and you for the Goods and/or Services purchased under these Terms;

“Control Panel” means the secure section of the Website where you can log-in and, amongst other things, access your Gradwell account and add, amend, and manage the relevant Services which you have purchased from Gradwell;

“Data” means information, documents, text, software, music, sound, photography, messages, and other material of any kind in any form that you generate, store, transmit or use in connection with the Services;

“Early Termination Charge” means a charge we may impose on you in accordance with clause 15.2;

“Goods” means the hardware you purchase from us as detailed in the Order Confirmation;

“Gradwell” / ”we” / ”our” / ”us”: means Gradwell Communications Limited, company number 03673235, more fully described in clause 3;

“Internet” means the global data network comprising interconnected networks in connection with which the Services are supplied;

“Law” means:

(a) any law, statute, regulation, instruction, guideline, determination, designation or code of conduct having force of law of any governmental, supranational or other regulatory authority or agency of competent jurisdiction; or

(b) any term in any regulatory or governmental license, authorisation, consent, permission, approval or guidance;
“Main Body Terms” mean the Terms excluding the Annexes;

“Malware” means ‘logic bombs’, ‘worms’, ‘viruses’, ‘trojans’, ‘spyware’, ‘adware’ or any software or computer code having the same or similar effect (those expressions having the meanings as they are generally understood within the computing industry);

“Master Contact Details” has the meaning given to it in clause 4.6;

“Minimum Contract Period” has the meaning given to it in clause 15.2;

“Order Form” means the form issued by Gradwell which you can use to place an order for Services;

“Order Confirmation” has the meaning given to it in clause 4.3;

“Party” means, as required by the context, either you or us, and “Parties” means both you and us;

“Personal Data” has the meaning given to it in the Data Protection Act 1998;

“Privacy Policy” has the meaning given to it in clause 17.3;

“Purchase Date” has the meaning given to it in clause 13.1;

“Registry” means either Nominet UK Limited, Tucows Inc, or any other domain name registry that we choose to use from time to time;

“Services” means the communications and IT services that you purchase from us as detailed in the Order Confirmation, which include, but are not limited to, voice services, broadband services, cloud services, domain names and hosting, website building and hosting, and email services;

“Support Team” means the support engineers employed or instructed by Gradwell to provide technical support in relation to our Goods and Services;

“Terms” means the terms and conditions set out here including all relevant Annexes;

“Traffic Management Policy” means the measures we may exercise as part of managing the internet connectivity Services we supply to you, as set out at https://www.gradwell.com/traffic-management-policy/ which may be amended from time to time;

“You” means you, the customer, who purchases Goods/Services from Gradwell under these Terms (and “your” should be interpreted accordingly);

“Website” means our web presence at www.gradwell.com (including any associated website, web-page, or sub-page of that website); and “Working Day” means any day which is not a Saturday, a Sunday or a bank or public holiday in England.

1.2. All headings are for convenience, have no legal effect and should be ignored when interpreting these Terms.

1.3. The singular includes the plural and vice versa; references to any gender include every gender; and references to persons include corporations, partnerships and other unincorporated associations or bodies of persons.

1.4. Any reference to a “clause” is to a clause of the Main Body Terms, and any reference to a “paragraph” is to the paragraph of the relevant Annex, unless the context requires otherwise.

1.5. A reference to any provision of any enactment will be construed as a reference to that provision or enactment as amended, re-enacted or extended at the relevant time.

1.6. The definitions contained in the Interpretation Act 1978 apply (unless a specific definition has been included or the context requires otherwise) in interpreting words and phrases used in these Terms.

1.7. When we use the words “writing” or “written” in these Terms, this will include email unless we say otherwise.

1.8. References to these Terms or any other document are to these Terms or that document as amended from time to time.

2. Our contract with you