Terms & Conditions

Last updated: 14/09/2012

1. Interpretation

1.1 Defined terms used in these Terms shall have the following Meanings:

  • Commencement Date shall have the meaning given in clause 3.2.
  • Force Majeure Event shall have the meaning given in clause 15.1.
  • Order Confirmation shall have the meaning set out in clause 3.2.
  • Order means your Order for the Services as set in the Order Confirmation.
  • Services means the services that we are providing to you as set out in the Order Confirmation including but not limited to essay and dissertation writing assistance, proofreading and editing services and the use of our grammar and plagiarism checking platform.
  • Terms means these terms and conditions
  • Work means the specific Service you require us to perform for you as stated in the Order Confirmation
  • Writer means individual or expert engaged to perform the Work

1.2 Headings do not affect the interpretation of these Terms.

1.3 A reference to writing or written includes e-mail.

1.4 Any obligation on a party not to do something includes an obligation to not to allow that thing to be done.

1.5 Any words following the terms including , include , in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2. Information About Us

2.1 We are WritePass and PassProof. WritePass and PassProof are the trading names of Write Enterprise Limited which is a limited company incorporated in England with registered number 07496682. The sole director is Omotayo Ademolu

2.2 References to we , us and the Company are references to Write Enterprise Limited. References to you are to the person who is the customer.

3. Basis of Sale

3.1 By clicking Accept to the terms and conditions on our website and submitting an Order you are deemed to make an offer to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.

3.2 These Terms shall become binding on you and us when we issue you with written acceptance of an Order (an Order Confirmation )at which date (the Commencement Date )a binding contract shall come into existence between us.

3.3 These Terms, the Order and the Order Confirmation together shall govern the contract between us. Please check that you understand and are in agreement with these Terms and that all information in the Order is correct before you counter-sign it.

3.4 Any quotation for the Services is given on the basis that a binding contract shall only come into existence in accordance with clause 3.2. A quotation from us shall be valid for a period of 7 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.

3.5 We shall assign an Order number to the Order and inform you of it in the Order Confirmation. Please quote the Order number in all correspondence with us relating to the Order.

3.6 If at any time you think that there is a mistake in an Order, please notify us in writing as soon as possible. After a contract has been created pursuant to clause 3.2, we shall have no obligation to amend the terms of such contract save in the case of manifest error. All such changes shall be made in writing and signed by an authorised employee or agent of the Company.

3.7 Any samples, drawings, descriptions or advertising we issue or authorise a third party to issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the Services they describe. They do not form part of the contract between you and us or any other contract between you and us for the supply of the Services.

3.8 If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.

3.9 We may at any time on giving you one months written notice modify these Terms. We will notify you of any changes to these Terms by emailing you at the email address notified by you to us from time to time.

3.10 Changes to these Terms shall not alter the terms of any contract already in existence between you and us, but shall be incorporated into all future contracts entered into after the date of the notice period referred to in clause 3.9. By entering into contracts with us after changes to these Terms are made and notified to you, you agree to be bound by such changes.

3.11 You can review the most current version of these Terms and Conditions at any time by clicking on the Terms and Conditions link located at the bottom of our website at www.writepass.com. The most current version displayed on that page will supersede all previous versions.

4. Quality of Services

Unless we are prevented from doing so by a Force Majeure Event, we shall provide Services which:

  • conform in all material respects with their description given in the Order Confirmation.
  • are carried out with reasonable care and skill;
  • comply with all applicable statutory and regulatory requirements for supplying the Services in the United Kingdom

5. Provisions of Services

5.1 We shall supply the Services to you from the date set out in the Order Confirmation provided that you have made payment to us of the amount detailed in the Order Confirmation.

5.2 The Services shall be supplied for the period set out in the Order Confirmation or until otherwise terminated in accordance with these Terms.

5.3 We shall make every effort to complete the Services on time but there may be delays due to circumstances beyond our control. In this case we shall complete the Services as soon as reasonably possible.

5.4 We may have to suspend the Services if we have to deal with technical problems, or to make improvements to the Service. We will let you know in advance where this occurs, unless the problem is urgent or an emergency.

5.5 You must provide us, in sufficient time, with any information and instructions relating to the Services that is or are necessary to enable us to provide the Services in accordance with these Terms.

5.6 If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the Order by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.

5.7 Regarding deadlines, we work with you as a client, and would only work towards the deadline you have provided to us as an indication of when the work is due. Therefore we would not consider your university's deadline when working on your project. As a result, we would not be liable if you fail because your deadline was not met. We would however compensate you for missed deadlines, according to our Money Back and Returns Policy.

6. Quality and Plagiarism

6.1 Our products and Services are provided purely and solely as academic assistance and shall not constitute professional advice.

6.2 We will supply you with written materials researched and written exclusively by top writers from leading UK Universities who have passed our stringent recruitment checks, have written for us and who we trust to provide the Services.

6.3 In order to provide research and/or assessment Services to fulfil your Order, we will allocate a suitably qualified Writer who we consider holds appropriate levels of qualification and experience to perform the Services specified in the Order.

6.4 We undertake to exercise all reasonable skill and judgment in allocating a suitable Writer, having regard to the available Writers' qualifications, experience and quality record with us, and to any available information we have about your degree or course.

6.5 You are not permitted to pass the Work off as your own, as you do not hold the copyright to the Work. Doing so would constitute a breach of our copyright pursuant to clause 10.

6.6 Although any materials provided to you are guaranteed to be equal in quality to at least 2.1 standard, due to the subjective nature of university grading systems we are not liable to offer refunds should you fail to receive below a 2.1 grade on any Work you submit based on materials provided by us.

6.7 You acknowledge and agree that the quality standard ordered is not a guarantee of the mark that you will receive when submitting your own piece of work, nor any guarantee of your final degree mark.

6.8 We reserve the right to terminate any contract without any further responsibility or liability to you if we have reasonable suspicion that any Work provided by us has been used or will be used in breach of these Terms.

6.9 We reserve the right to refuse to do any Work where we consider that the extent to which the Work has been plagiarised exceeds our maximum thresholds. Where this is the case, you will be informed of our decision.

6.10 We shall not accept any responsibility or liability and shall not be responsible for any loss arising from breach by you of these Terms.

6.11You acknowledge and agree that any view or statement expressed by us, our employees or agents, either on our website or elsewhere, is an opinion and shall not constitute advice or a warranty to you about the suitability of our products or Services.

6.12 You undertake to give us clear, complete and accurate information at all times.

6.13 We will co-operate fully with you and use reasonable care and skill in providing the Services at that quality that would be reasonably expected from a competent research agency. You will assist us in doing this by making all relevant information available to us promptly at the beginning of the transaction and as provided thereafter.

6.14 You acknowledge and agree that failure to provide such information promptly at the beginning of the transaction on request thereafter may delay the delivery of the Work and that we shall not accept any responsibility or liability and shall not be responsible for any loss or damage caused as a result of such delay.

6.15 Where further information or guidance is required, we will contact you using the email address or telephone number provided to us by you from time to time.

6.16 You acknowledge and agree that we may accept instructions from you by email and/or telephone (so long as oral instructions are subsequently confirmed in writing) and may assume (without further investigation) that those instructions are generated by you.

7. Quality Guarantee

7.1 Pursuant to clause 6.6, we guarantee to provide academic edits to 2:1 standard, For the avoidance of doubt, the provisions of this clause 7 shall apply only to academic edits and shall not apply to proofreading or paraproofing services.

7.2 If you wish to dispute the quality of any Work, you must provide us with either credible evidence demonstrating in what way the Work is not of suitable quality or a reasonable explanation of the facts that lead you to believe the Work does not meet the required 2.1 quality standard, within seven days of the date of delivery of the Work to you.

7.3 If you present us with such credible evidence or reasonable explanation, we will carefully review the Work and make a decision as to whether we consider that the Work is of a deficient quality, having regard to all relevant circumstances and making reference to a qualified Writer where we deem it necessary to do so.

7.4 If you have in your possession any evidence that the Work does not meet the 2:1 quality standard, you must provide to us promptly such evidence. We will take such evidence into account when reaching our decision. All such evidence will be treated as confidential information.

7.5 If the Work is determined to be below the quality 2:1 standard, but in our reasonable view the reason for this is that you made requests verbally or in writing that had the effect of lowering the quality standard of the Work, and had these requests not been complied with by the Writer, it is highly likely, on a balance of probabilities, that the Work would have met the required quality standard, no refund will be given.

7.6 If the Work is determined to be below the quality standard ordered, but in our reasonable view the reason for this is that you made requests in the Order that were open to interpretation due to ambiguity, then no refund will be given

7.7 In all cases, our decision is final but we will provide you with sufficiently detailed information as to how we reached such decision including, if applicable, a copy of any report commissioned from a Writer.

7.8 If you fail, you must give us at least one chance to re-write the work (or a substitute work with similar deadlines and word counts), before requesting a refund.

7.9 As we only provide a Model Answer writing service, and in no way authorise you to submit the work as your own, the decision to use your university grade as evidence of the quality of our service would be taken at our sole discretion, after we have reviewed the evidence provided by yourself.

7.10 We would consider your failure of the course as a dispute to the quality of the work you have received from us, and if we do not accept to use your university grade as proof, we may, at our own discretion, have an external reviewer assess the work based on an internally accepted Guideline for Reviewing Essays.

7.11 You may dispute the quality of a given project if you feel it is not up to the required standard or if your university grade depicts a substandard project. You have up to 8 weeks from receiving a project under 5,000 words, and 12 weeks for those over 5,000 words to dispute a project.

8. ETHICS AND LEGALITY

8.1 It is your responsibility to ensure that your use of our Services does not and will not constitute a violation of the rules and regulations of your academic institution and place of study. You represent and warrant to us both at the date of the Order and the date of delivery of the Work by us that your use of our Services does not constitute a violation of the rules and regulations of your academic institution and place of study

8.2 Before ordering any Service from us, you must thoroughly examine the particular rules, regulations and provisions of your university or school regarding the preparation and submission of academic work in order to determine whether such provisions permit the employment of Services such as ours.

8.3 You acknowledge and agree that any use of our products or Services is made wholly on your own initiative. Further, you acknowledge and agree that we shall have no responsibility or liability whatsoever for any decision to use our products or Services which violates your school, university or other educational institutionís regulations governing academic work

8.4 If you are satisfied in your sole and absolute discretion that the use of our Services is permitted by your educational institution, then you must also investigate whether it is necessary to reference the use of our Services. We offer no advice whatsoever on this matter, and leave the decision solely and exclusively to your judgment. We accept no responsibility or liability for any decision made on this matter

8.5 Any materials and comments provided by us are merely opinions and shall not be relied upon in any way.

8.6 You agree to indemnify us against any claim or demand, reasonable costs, charges or losses sustained or incurred by us including reasonable lawyers' fees, arising in any way (either directly or indirectly) out of your use of our website and/or any Work, or the infringement by you, or by any other person, of any intellectual property or other right of any person.

9. AMENDMENTS

9.1 You are entitled to request that amendments to Work be performed by us so long as any requests are in line with your initial Order and are reasonable in our opinion.

9.2 You may not request amendments to your Order after payment has been made or a deposit has been taken and the Order has been assigned to a Writer.

9.3 You may provide the Writer with additional supporting information shortly after full payment or a deposit has been taken, provided that this does not add to or conflict with the details contained in the original Order

9.4 If you provide additional information after full payment or a deposit has been taken and this substantially conflicts with the details contained in the original Order, we may at our discretion either obtain a quote for the changed specification or reallocate the Order, as soon as is reasonable, to a different Writer without consulting you. You understand that this may result in a delay in the delivery of the Work for which we will not be held responsible

9.5 If you believe that the completed Work is not in accordance with your instructions and/or the guarantees of the Writer as set out on our website, you may request amendments to the Work. Such amendments shall be made free of charge to you.

9.6 You acknowledge and agree that the allocated Writer shall be given an opportunity to respond to your request made pursuant to under clause 9.5. In the event that agreement cannot be reached between you and the Writer regarding the amendments, our quality control team will assess the dispute and their decision shall be final. They may, at their sole and absolute discretion, refer the matter to a different Writer for assessment, in which case the decision of that Writer shall be binding on you and the Writer.

9.7 If you require your Work to be amended in a way that is inconsistent with your original Order, such amendments will be put to the Company management who may set an additional fee for modification. You will be sent a revised Order Confirmation which will show the additional cost. The Writer will not commence the amendments until any additional fee has been paid.

9.8 These Terms shall continue to be enforceable and shall bind you and us until the time period allowed for amendments has expired, notwithstanding the subsisting clauses, unless terminated sooner by either party in accordance with these provisions.

10. Intellectual property rights

10.1 The copyright, design right and all other intellectual property rights in any materials and other documents or items that we prepare or produce for you in connection with the Services shall belong to us absolutely.

10.2 We grant a limited license to you to use, modify and adapt any Work or other materials provided to you by us purely for personal uses (which for the avoidance of doubt shall exclude any commercial use, any resale or redistribution of any Work or other materials including without limitation placing any such Work or other materials on any website).

10.3 We retain legal copyright of any materials provided to you and you acknowledge and agree that you do not retain copyright over any Work or materials we supply to you.

11. Price, Payment and Cancellations

11.1 The price of the Services shall be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation has expired, in our price list in force at the time we confirm your Order. Prices are liable to change at any time, but price changes will not affect existing Orders that we have confirmed in writing.

11.2 30% of the price of the Services shall be treated as an administration fee which shall not be refundable in any circumstances. All prices are inclusive of VAT. If the rate of VAT changes between the date of the Order and the date of payment, we will adjust the VAT you pay.

11.3 We will invoice you for the Services on or around the date that we send you the Order Confirmation or when you pay a deposit. Full payment shall be due on the deadline date as stated in the Order Confirmation.

11.4 We shall have no obligation to provide the Services or send to you any part of your Order until we have received payment in full for the Services or such other amount as has been agreed between us in writing.

11.5 If you do not make any payment due to us by the due date for payment (as set out in clause 11.3), we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.

11.6 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of the Services or any other outstanding Order until you have paid the outstanding amounts.

11.7 Clause 11.5 and clause 11.6 shall not apply for the period of any dispute if you dispute the payment owing in good faith and let us know promptly after you have received the invoice that you dispute it.

11.8 If, in our sole and absolute discretion, we accept a deposit rather than the full value of the Order, you acknowledge that the full balance will remain outstanding at all times and must be paid to us before the delivery date for the Work.

11.9 You acknowledge and agree that once an Order has been paid for then the Writer allocated will begin Work on that Order and it cannot be cancelled without cost to you. If you amend or cancel an Order, your liability to us shall be limited to payment to us of all costs reasonably incurred by us in fulfilling the Order until we receive your amendment or cancellation.

11.10 Until full payment or a deposit has been made and the Order has been allocated to a Writer, you may choose to continue with the Order or to cancel the Order at any time. Termination under this clause 11.10 shall not affect either party's outstanding rights or duties, including our right to recover from you any money you owe us under these Terms.

11.11 You may be invited to pay for your Order prior to us formally securing a Writer to complete the Work.

11.12 We may decide in our sole and absolute discretion not to take payment in advance unless we are reasonably confident that we can secure a Writer to complete the Work.

11.13 You acknowledge and agree that where payment has been made in advance of securing a Writer, we cannot guarantee that a suitable Writer will be available to do the Work.

11.14 In the event that you make a payment in advance and we cannot secure a Writer to complete the Work, we will offer you a full refund of the payment made in advance.

11.15 All banking charges by the receiving bank on payments received by us, and all other charges relating to payment in a currency other than pounds sterling, shall be borne by you.

11.16 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.

11.17 You will pay all sums due to us under these Terms by the means specified, without any set-off, deduction or counterclaim.

11.18 If we owe you money, we will reimburse you as soon as is reasonably practicable, but in any event, no later than 30 days from the date on which we have agreed to reimburse you.

11.19 the event that you do not pay any balance due to us, we reserve the right without giving you notice to re-sell the Work and/or post it on our website as a free sample.

12. Refunds

12.1 Notwithstanding the provisions of clauses 6 and 12.3, we shall not be obliged to refund any fee paid. We reserve the right in our sole and absolute discretion to refund any fee.

12.2 If we agree to refund any fees to you in full or in part, such refund shall be made using the credit or debit card that you used to make the payment. If no such card was used (for example, where you deposited the fee directly into our bank account) we will offer you a choice of refund via BACS or credit towards a future Order.

12.3 You agree to be bound by our refund policy and acknowledge that due to the highly specialised and individual nature of the Services refunds will only be given in the circumstances outlined in these Terms, in our sole and absolute discretion.

12.4 Pursuant to Clause 11.2, 30% of the price of the Services shall be treated as a non-refundable administration fee.

All refunds and discounts are subject to our Money Back and Refunds Policy

13. CONTRACTUAL LIMITATION

13.1 Where we provide any Service without charge, then such Service shall be deemed to be provided free of charge separately to any other Service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of any such Service.

14. DELIVERY

14.1 Services shall be delivered by email.

14.2 You acknowledge and agree that we shall accept no responsibility or liability whatsoever for any consequences of late delivery of our Services.

14.3 You acknowledge and agree that we provide all of our non-essay and research Services such as pre-paid cover letters and personal statements subject to the availability of Writers and facilities. If we cannot find a Writer within 72 hours of receipt of payment then we reserve the right to refund your payment in full without being obliged to complete the Work or pay compensation due to our inability to complete it.

14.4 Unless your Order is a 24 hour Order, then our delivery times are exclusive of Sundays and Bank Holidays.

14.5 Our working days are from Monday to Saturday inclusive. We do not work on Sundays or Bank holidays. Any queries or Orders placed outside our normal working days will be promptly dealt with on the next working day.

14.6 We agree to deliver all Work before midnight on the due date, unless the due date falls on a Sunday, bank holiday in England, Christmas Day, Boxing Day or New Year's Day, in which case the Work will be delivered before midnight the following day.

14.7 We shall not accept any responsibility or liability, and shall not be liable under any guarantee to deliver Work on time, and shall not be responsible for any loss arising from any delay in the delivery of Work arising as a result of your actions (including but not limited to where you fail to pay an outstanding balance on time, or where you fail promptly to provide extra information which we have requested from you for the completion of the Work).

14.8 Where you have agreed 'staggered delivery' with us, the relevant delivery date for any guarantee to deliver Work on time is the final delivery date of the Work and not to the delivery of individual components of the Work.

15. Events outside of our control

15.1 We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure results from events, circumstances or causes beyond our reasonable control (each a Force Majeure Event ). In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed, provided that if the period of delay or non-performance continues for 4 weeks/months, you may terminate these Terms by giving 14 days' written notice to us.

15.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:

  • Strikes, lock-outs or other industrial action;
  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • impossibility of the use of public or private telecommunications networks

16.Website Security

16.1 You agree not to interfere (or permit another person to interfere) with the servers or networks connected to our website or to violate any of the security, procedures, policies or regulations of networks connected to the website, including these Terms.

16.2 You also agree not to (and not to allow another person to):

  • attempt to reverse engineer, disassemble, decompile, copy, or cause damage or intended effect to our website or any part thereof or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website:
  • attempt to gain access to secured portions of our website to which you do not possess access rights;
  • impersonate any other person while using our website
  • use any automatic or manual process to search or harvest information from our website, or to interfere in any way with the proper functioning of our website
  • attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures
  • attempt to interfere with service to any user, host or network, including without limitation, via means of overloading, flooding, mail bombing or crashing;
  • forge any TCP/IP packet header or any part ofthe header information in any email or newsgroup posting;
  • take any action in order to obtain goods or Services to which you are not entitled (including but not limited to "cardholder not present" fraud).

16.3

16.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

16.5 We reserve the right to take reasonable action to recover fees due to us as a result of fraud, including but not limited to the violations mentioned in clause 16.4. Such actions may include hiring a third party detective agency or contacting academic institutions

16.6 You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to, or arising out of:

  • any violation of system security as set out above;
  • your use of our website;
  • any other breach or violation of these Terms by you;
  • the infringement by you, or by any other person acting on your behalf or with your knowledge or consent or any computer owned or controlled by you, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.

16.7 Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the Services we provide on our Website without notice. We shall not accept any responsibility or liability and shall not be responsible for any loss arising as a result of our Website being unavailable at any time or for any period.

17. Assignment

You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms

18. Notices and Communications

18.1 All notices sent by you to us must be sent to WritePass at [email protected], or to your respective Account Manager. We shall give notice to you at the e-mail address you provided to us in the Order. Notice shall be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove that the e-mail was sent to the specified e-mail address of the addressee

18.2 Due to the popularity of our Services, telephone and email support requests may not always be dealt with immediately, but we will make all reasonable endeavours to respond to your requests promptly

Data protection, Privacy and confidentiality

19.1 We will only use the personal information you provide to us to provide the Services, or to inform you about similar Services which we provide, unless you tell us that you do not want to receive this information. We will not pass your data to third parties

19.2 We assure you that the usage of our Services is strictly confidential and that no sensitive personal information will ever be passed to third parties.

19.3 We will not disclose any personal information provided by you other than as required to do so by any lawful authority, governmental body or court of competent jurisdiction and/or to pursue any fraudulent transactions.

19.4 We operate a privacy policy which complies fully with the requirements of the Data Protection Act.Our privacy policy is available on our company website and a copy can be provided on request.

19.5 In order to fulfil your Order effectively, we may incorporate technology from other sources, and there is the possibility that your data may be stored on these sources. We will not knowingly transfer any data relating to you or re-sell any such data for any reason.

20. General

20.1 If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.

20.1 If any invalid, unenforceable or illegal provision of these Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

20.3 No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

20.4 A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.

20.5 The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under these Terms are not subject to the consent of any other person.

20.6 If any dispute arises in connection with these Terms, the parties will attempt to settle it in good faith by mediation. The commencement of a mediation will not prevent the parties commencing or continuing court proceedings.

20.7 These Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter (other than the Order and Order Confirmation).

20.8 Each party agrees that it shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Terms. No party shall have any claim for innocent or negligent misrepresentation based upon any statement in these Terms

20.8 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales

20.9 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).