Consumer and SME Terms and Conditions
For Consumers and small and medium-sized business customers
Last updated: 16 July 2026
These Terms contain separate provisions for Consumers and SME Customers. SME Customers are business customers, not Consumers. Services such as enterprise Wi-Fi, network consultancy, installations and business connectivity may also be subject to an Order, contract summary or service-specific terms. Consumer cancellation rights are explained in clause 7 and Schedule 1.
1. About these Terms
1.1 These Consumer and SME Terms and Conditions (Terms) govern the supply of services by F13 Limited to Consumers and Small and Medium-sized Enterprise customers. They apply to each quotation, proposal, online order, order form, statement of work, service schedule or other order accepted by us (each an Order).
1.2 Unless an Order expressly states otherwise, our installed network, enterprise Wi-Fi, consultancy, site survey, managed infrastructure and business connectivity services are supplied for business use. Consumer Orders will normally relate to domain names, hosting, email and other online services that we expressly make available to Consumers.
1.3 Nothing in these Terms excludes or restricts rights or remedies that cannot lawfully be excluded or restricted. If you are a Consumer, your statutory rights are not affected.
1.4 The Agreement between you and us comprises, in descending order of priority: (a) the Order; (b) any service-specific terms, contract summary, service description, service level agreement or data-processing schedule expressly incorporated into the Order; (c) these Terms; and (d) any policy expressly referred to in those documents, including our Acceptable Use and Abuse Policy, Domain Registration Terms, Domain Renewal, Expiry and Cancellation Policy, Privacy Notice and Complaints Procedure.
1.5 A document higher in the order of priority overrides a lower document only to the extent of an inconsistency. A mandatory law, regulation, registry rule or regulatory requirement takes priority over the Agreement.
2. Who we are and how to contact us
2.1 F13 Limited is a private limited company registered in England and Wales under company number 17045453.
2.2 You can contact us by telephone on +44 (0)114 361 0113, by email at office@f13.co.uk, through our customer portal, or using the details published at https://f13.co.uk/contact/.
2.3 In these Terms, F13, we, us and our mean F13 Limited. You and your mean the person or organisation named in the Order.
3. Customer categories
3.1 Consumer means an individual acting wholly or mainly for purposes outside that individual’s trade, business, craft or profession.
3.2 SME Customer means a customer acting for business purposes and employing or engaging fewer than 250 individuals, whether as employees, volunteers or otherwise.
3.3 Micro or Small Enterprise Customer means, for the purposes of applicable electronic communications regulation, a business customer for which no more than 10 individuals work, whether as employees, volunteers or otherwise.
3.4 Business Customer means any customer acting wholly or mainly for purposes relating to its trade, business, craft or profession. An SME Customer is a Business Customer and does not obtain Consumer status merely because it is small.
3.5 Where rights differ according to customer status, the customer must provide accurate information reasonably requested by us, including whether the Order is for personal or business use and, for regulated communications services, the number of individuals working for the customer. Status is determined by the facts and applicable law, not merely by the option selected at checkout.
4. Definitions
4.1 Agreement means the contract formed from the documents listed in clause 1.4.
4.2 Business Day means a day other than a Saturday, Sunday or public holiday in England.
4.3 Charges means the prices, fees, expenses, usage charges, third-party charges and other sums payable under the Agreement.
4.4 Customer Data means data, content, records, configurations and other information supplied by or on behalf of you, or processed through the Services for you.
4.5 Deliverables means reports, designs, configurations, documentation, software or other work product expressly identified as a deliverable in an Order.
4.6 Equipment means hardware, cabling, access points, switches, routers, antennas, cabinets, servers, power equipment and other physical items supplied, installed, loaned or managed by us.
4.7 Initial Term means the minimum contract period stated in the Order.
4.8 Registry Rules means the terms, policies and procedures of a domain-name registry, registrar, ICANN, Nominet or other authority that apply to a domain name.
4.9 Services means the services described in an Order, which may include domain registration, domain portfolio management, hosting, email, connectivity, consultancy, network design, wireless surveys, installation, managed services, support or equipment supply.
4.10 Supplier means a carrier, network operator, registry, registrar, hosting provider, software vendor, manufacturer, distributor, subcontractor or other third party involved in delivering the Services.
5. Quotations, Orders and formation of the Agreement
5.1 A quotation or proposal is an invitation to place an Order and is valid for the period stated in it, or for 30 days if no period is stated. We may withdraw or amend it before acceptance.
5.2 Your Order is an offer to purchase the Services. An Agreement is formed when we issue written acceptance, send an order confirmation, sign the Order, begin providing the Services at your express request, or receive payment, whichever happens first.
5.3 Before a Consumer is bound by an online, telephone or other distance contract, we will provide the information required by applicable consumer law. We will confirm the Agreement on a durable medium, normally by email or through a downloadable portal record.
5.4 Before an applicable electronic communications contract is entered into, we will provide the contract information and contract summary required by Ofcom rules. Those documents form part of the Agreement.
5.5 We are not required to supply anything outside the agreed scope. Additional work, changes, repeat visits, out-of-hours work and work caused by inaccurate information or customer delay may be charged separately, but we will obtain a Consumer’s express agreement before carrying out chargeable additional work.
5.6 For Business Customers, any purchase order terms, supplier portal terms or other conditions issued by you do not apply unless a director of F13 expressly agrees to them in writing.
6. Prices, VAT and payment
6.1 Prices shown to Consumers include VAT where VAT is chargeable, unless clearly stated otherwise. Prices shown to Business Customers exclude VAT unless clearly stated otherwise. VAT will be added at the applicable rate.
6.2 You must pay the Charges at the times and by the payment method stated in the Order. We may require payment in advance, a deposit, a valid continuous payment authority or a direct debit.
6.3 You must check invoices promptly and raise any genuine query within 30 days. This does not remove a Consumer’s statutory rights or prevent correction of a clear error discovered later.
6.4 If a payment is overdue, we may send reminders, restrict or suspend affected Services after reasonable notice, and recover reasonable costs caused by the missed payment where permitted by law.
6.5 For Business Customers, we may charge interest and fixed recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998, or interest at 4% per year above the Bank of England base rate if that Act does not apply.
6.6 For Consumers, we will not apply business statutory late-payment charges. Any interest or administration charge must be reasonable, proportionate and clearly disclosed before it is incurred.
6.7 You may not withhold or set off payment unless you have a legal right to do so. A Business Customer must pay undisputed amounts when due even if another amount is disputed.
7. Consumer cancellation rights
7.1 A Consumer who enters into a distance or off-premises contract will normally have 14 days from the day after the Agreement is made to cancel a service contract without giving a reason. For goods, the cancellation period will normally run for 14 days from the day after the goods are received.
7.2 To cancel, the Consumer must make a clear statement by email, letter, portal message or the model cancellation form in Schedule 1. It is sufficient to send the cancellation before the cancellation period expires.
7.3 If a Consumer expressly asks us to begin a service during the cancellation period and then cancels before the service is fully performed, the Consumer must pay a proportionate amount for the service provided up to cancellation.
7.4 Where a Consumer expressly requests immediate performance and acknowledges that the right to cancel will be lost once the service is fully performed, the right to cancel ends when the service has been fully performed.
7.5 For digital content supplied without a physical medium, the cancellation right may be lost once supply begins only where the Consumer has given prior express consent, acknowledged the loss of the cancellation right and received the required confirmation.
7.6 The statutory cancellation right may not apply to goods made to the Consumer’s specification or clearly personalised, sealed software or media that has been unsealed, urgent repairs specifically requested, or other legally excluded categories.
7.7 If goods are cancelled, the Consumer must return them as instructed and may be responsible for direct return costs unless the goods are faulty or we agreed otherwise. We may reduce a refund for handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
7.8 Refunds due following a valid cancellation will be made within the period required by law and normally by the original payment method.
8. Immediate domain registration and other irreversible services
8.1 Domain registration, renewal, transfer, recovery and registry changes are normally submitted promptly and may become irreversible once accepted by the relevant registry or registrar.
8.2 Before we submit an immediate Consumer domain transaction during the 14-day cancellation period, the ordering process must obtain the Consumer’s express request for immediate performance and the acknowledgement required by applicable law.
8.3 If a Consumer validly cancels after work has begun but before the relevant service is fully performed, we may deduct the proportionate value of work already carried out. A non-refundable registry or Supplier charge will only be retained where the law permits and the cost was properly disclosed.
8.4 Nothing in this clause removes rights relating to a service that is faulty, misdescribed or not supplied with reasonable care and skill.
9. Our general obligations
9.1 We will provide the Services with reasonable care and skill and substantially in accordance with the applicable Order.
9.2 We may use employees, contractors and Suppliers. We remain responsible for our obligations, subject to the Agreement and any lawful limitation of liability.
9.3 Unless the Order states that a date is fixed, project dates, delivery dates, activation dates and completion dates are estimates. For Consumers, we will perform within the agreed time or, if none is agreed, within a reasonable time.
9.4 We may make changes that do not materially reduce the overall functionality, security or performance of a Service. We may also make urgent changes for safety, security, legal, regulatory, registry or Supplier reasons.
9.5 We may temporarily suspend or restrict a Service for planned maintenance, emergency maintenance, security, network integrity or Supplier work. Where reasonably practicable, we will give advance notice.
10. Your responsibilities
10.1 You must provide complete and accurate information, give timely instructions and approvals, co-operate with us, keep account credentials secure, use the Services lawfully, maintain suitable backups where these are not included, and notify us promptly of anything likely to affect delivery or security.
10.2 For site work, you must provide safe and timely access, disclose known hazards, provide relevant site rules and asbestos information, and obtain permissions, consents and wayleaves that the Order makes your responsibility.
10.3 You are responsible for Customer Data and for ensuring that you have the rights and lawful basis needed to use, store, transmit and instruct us to process it.
10.4 We are not responsible for delay, additional cost, failure or degraded performance caused by your act or omission, unsuitable site conditions, inaccurate information, unavailable access, your equipment or systems outside our control, except to the extent that we caused or should reasonably have prevented the problem.
10.5 If we attend a business site and cannot carry out planned work because access, readiness, permissions, safety or facilities are inadequate, we may charge reasonable aborted-visit, waiting-time and remobilisation costs stated in the Order or agreed with you.
11. Consultancy, surveys, design and project work
11.1 Consultancy, survey and design outputs are based on the information, access, measurements, assumptions, technology and conditions available at the time. Changes to premises, occupancy, interference, applications, devices, cabling, construction or third-party systems may affect the outcome.
11.2 Predictive wireless designs and desktop assessments are planning tools and do not replace an on-site validation survey unless the Order expressly says otherwise.
11.3 Recommendations are professional opinions, not guarantees of a particular commercial result. Capacity, coverage and performance depend on factors including client devices, radio conditions, building materials, usage patterns, upstream connectivity and third-party services.
11.4 You should review Deliverables promptly and tell us of any material error or omission. We will use reasonable efforts to correct verified errors within the agreed scope.
12. Installation, site work and Equipment
12.1 Installation and site work may be subject to survey, feasibility, landlord or wayleave approval, permits, health and safety requirements and Supplier availability.
12.2 We will take reasonable care when carrying out work. Decoration, specialist building work and making good are excluded unless expressly included in the Order.
12.3 For Business Customers, risk in Equipment sold passes on delivery and legal title passes only when all sums due for that Equipment have been paid. For Consumers, risk passes when the Consumer or a person identified by the Consumer takes physical possession, unless the Consumer arranged an independent carrier.
12.4 Equipment supplied on loan, rental, managed-service or connectivity terms remains our property or the relevant Supplier’s property. You must keep it secure, use it only as authorised and return it when required.
12.5 You must not move, alter, open, repair or reconfigure managed or loaned Equipment without our permission.
12.6 Consumer goods are supplied with the statutory rights relating to satisfactory quality, fitness for purpose and description. Manufacturer warranties are additional and do not replace those rights.
13. Managed services and support
13.1 Monitoring, maintenance, management and support are limited to the systems, sites, hours and activities stated in the Order.
13.2 Response targets are not guaranteed resolution times. Binding service levels and service credits apply only where expressly stated in a Service Level Agreement.
13.3 We may prioritise incidents according to impact and urgency. We may close or reclassify a ticket where the issue is outside scope, cannot be reproduced, depends on a third party or requires a separately chargeable change.
13.4 Unless expressly included, the Services do not provide a guarantee against cyberattack, malware, data loss, unauthorised access, equipment failure or service interruption.
14. Connectivity and regulated communications services
14.1 Connectivity may depend on carriers, network operators, landlords, power, radio paths, local access infrastructure and other Suppliers. Availability, speed, latency and repair times may vary according to the service ordered and circumstances outside our control.
14.2 Any minimum, normally available, maximum or estimated speeds, service levels, installation dates and remedies that are legally required will be stated in the applicable contract information, contract summary or Order.
14.3 Where Ofcom’s General Conditions apply, we will comply with the customer protections applicable to Consumers, Micro or Small Enterprise Customers, SME Customers and other protected customers. These may include pre-contract information, a contract summary, limits on commitment periods, rights relating to contract changes, end-of-contract notifications, switching and complaints handling.
14.4 A protected Business Customer may expressly agree that specified Ofcom protections do not apply only where applicable law permits this and the agreement is recorded in the manner required by Ofcom. We will not treat silence or a general acceptance of these Terms as such an agreement.
14.5 For a standard-form communications contract offered to an SME Customer, applicable information about service activation, loss of service, missed appointments and any service level agreement or service level guarantee will be provided or clearly stated as unavailable.
14.6 Any in-contract increase to a core subscription price for a regulated communications service will be presented as required by Ofcom rules. If we make a contractual change that gives you a statutory or regulatory right to terminate without charge, we will tell you how and when to exercise that right.
14.7 You must not connect unlawful, unsafe or interfering equipment to a network or use a connectivity service in a way that threatens network integrity or other users.
15. Hosting, email and online services
15.1 Hosting, email, DNS, cloud and online services are shared technical services unless the Order states otherwise. They may be subject to usage, storage, traffic, mailbox, software and fair-use limits.
15.2 You are responsible for the content, legality, licensing, accuracy and security of material placed in or transmitted through the Services.
15.3 We may remove, quarantine, block or disable content, accounts or traffic where reasonably necessary to address malware, spam, abuse, legal demands, security risk, excessive resource use or breach of the Acceptable Use and Abuse Policy.
15.4 Unless a managed backup service is expressly included, you are responsible for maintaining independent current backups. No backup system is guaranteed to be error-free or to retain every version.
15.5 Software, themes, plugins, licences and third-party platforms remain subject to their own licence terms and may be changed, withdrawn or priced differently by the Supplier.
16. Domain names
16.1 We act as an intermediary in domain registration and management. Registration is not guaranteed until confirmed by the relevant registry or registrar.
16.2 You must provide and maintain complete, accurate and current registrant information and must have authority to register, renew, transfer or manage the domain name.
16.3 Domain names are subject to the Registry Rules and our Domain Registration Terms. For .UK domains, the registrant is also bound by Nominet’s applicable terms and policies.
16.4 You are responsible for checking that a proposed domain name does not infringe another person’s rights and for dealing with any domain dispute or complaint relating to your registration or use.
16.5 We may suspend, lock, redirect, transfer, modify or cancel a domain where required by the Registry Rules, a court, regulator, law-enforcement body, dispute-resolution provider or lawful authority, or where reasonably necessary to address abuse or inaccurate registrant data.
16.6 Renewal, expiry, redemption, deletion, transfer and associated charges are governed by the Order, our Domain Renewal, Expiry and Cancellation Policy and the Registry Rules. You must keep contact and payment details current.
16.7 For .UK domains, we will send the expiry notices and follow the renewal and expiry procedures required by current Nominet policy. Registry timeframes can change and the current published Domain Renewal, Expiry and Cancellation Policy will apply.
17. Recurring Services, renewals and minimum terms
17.1 The Initial Term and renewal arrangements will be stated before the Order is placed. We will not hide material renewal terms in these general conditions.
17.2 A Service may renew automatically only where this was clearly disclosed and agreed. We will provide any renewal or end-of-contract reminder required by law, regulation or Registry Rules.
17.3 After an Initial Term, a Service will continue on the renewal basis stated in the Order. If the Order is silent, it will continue monthly and may be ended on 30 days’ notice, subject to any unavoidable third-party commitment that was clearly disclosed.
17.4 A Consumer may switch off auto-renewal through the available account controls or by contacting us. Switching off auto-renewal prevents the next renewal but does not cancel the current paid period.
17.5 A Business Customer remains liable for Charges during an agreed Initial Term unless the Agreement gives a right to terminate earlier. Any early termination charge must be stated or capable of being calculated from the Order and will exclude costs we reasonably avoid.
18. Changes to Services, Charges and Terms
18.1 We may update a Service or these Terms for legal, regulatory, registry, security, technical or operational reasons.
18.2 For a material change to an existing recurring Service, we will give the notice required by law and normally at least 30 days’ notice. We will explain the change, its effective date and any right to cancel.
18.3 A change required urgently for law, security, network integrity or Registry Rules may take effect sooner, but we will give as much notice as reasonably practicable.
18.4 A Consumer is not bound by a change that the law regards as unfair. Where a change materially disadvantages a Consumer or protected communications customer and gives a right to exit, the affected Service may be ended without an early termination charge by following the notice.
18.5 Updated Terms apply immediately to new Orders and, where lawfully notified, to existing recurring Services. They do not retrospectively alter the agreed scope or price of completed fixed-price work.
19. Suspension and service restrictions
19.1 We may suspend or restrict an affected Service where payment is overdue, you materially breach the Agreement, use creates a security or network risk, registrant details are invalid, a Supplier or authority requires action, or suspension is reasonably necessary to prevent harm or unlawful activity.
19.2 Except in an emergency or where prohibited, we will give reasonable notice and an opportunity to remedy the issue. Suspension will be proportionate to the circumstances.
19.3 Charges may continue during a suspension caused by your breach or non-payment, but we will not charge for a period where the law requires a reduction or refund.
19.4 Reactivation may be subject to payment of overdue amounts and a reasonable, previously disclosed reactivation charge.
20. Termination
20.1 Either party may terminate an affected Service immediately by written notice if the other commits a material breach that cannot be remedied, or fails to remedy a remediable material breach within 14 days after written notice.
20.2 We may terminate where you become insolvent, cease trading, repeatedly fail to pay, use the Services unlawfully, create a serious security risk, or where a Supplier permanently withdraws a necessary service and no reasonable substitute is available.
20.3 A Consumer may terminate where these Terms, the Order or applicable law gives a right to do so, including for a serious or unresolved failure to provide a service with reasonable care and skill.
20.4 A protected communications customer may terminate without charge where Ofcom rules or other applicable regulation gives that right.
20.5 Termination does not affect rights and liabilities that arose before termination.
21. Consequences of termination
21.1 On termination, you must pay Charges properly due up to the termination date and return loaned or rented Equipment.
21.2 We will provide reasonable assistance to transfer Services or data where stated in the Order or required by law. Additional migration work may be charged at a disclosed reasonable rate.
21.3 You must export Customer Data before termination where self-service tools are available. After a reasonable retention period, we may delete Customer Data unless the law requires retention.
21.4 Domain transfers remain subject to Registry Rules, identity checks, payment of undisputed charges and security controls. We will not improperly prevent a lawful transfer.
22. Acceptable use, security and abuse
22.1 You must comply with our Acceptable Use and Abuse Policy and must not use the Services for unlawful, fraudulent, abusive, infringing, harmful or security-compromising activity.
22.2 You must take reasonable measures to prevent spam, malware, unauthorised access, open relays, compromised accounts and other misuse.
22.3 We may investigate suspected abuse and co-operate with registries, network operators, regulators, law-enforcement bodies and affected providers where lawful and proportionate.
23. Data protection and privacy
23.1 Each party must comply with applicable data-protection law. Our Privacy Notice explains how we process personal data as controller.
23.2 Where we process personal data on behalf of a Business Customer, Schedule 2 applies unless a separate data-processing agreement is incorporated into the Order.
23.3 Domain registration may require registrant information to be supplied to registries, registrars, escrow providers and other participants in the registration system, as explained in our Privacy Notice and Domain Registration Terms.
24. Intellectual property
24.1 Each party retains ownership of intellectual property it owned before the Agreement or developed independently of it.
24.2 Subject to payment, we grant you a non-exclusive, non-transferable licence to use Deliverables created specifically for you for the purposes stated in the Order.
24.3 We retain ownership of our methods, know-how, templates, tools, generic designs, configurations, scripts and reusable materials. Third-party material remains subject to its own licence.
24.4 You grant us the rights reasonably necessary to use Customer Data and customer-provided material to deliver the Services.
25. Confidentiality
25.1 Each party must keep the other’s confidential information secure and use it only for the Agreement, except where disclosure is required by law or to professional advisers, employees, contractors or Suppliers who need it and are subject to confidentiality obligations.
25.2 Confidential information does not include information that is public through no breach, was already lawfully known, is independently developed or is lawfully received without restriction.
26. Quality standards and remedies
26.1 For Consumers, services must be performed with reasonable care and skill, information said or written about the service may become binding where the law provides, and services must be performed within the agreed time or a reasonable time. Goods and digital content carry the statutory quality rights that apply to them.
26.2 If a Consumer service does not conform, we will provide the repeat performance, price reduction, repair, replacement, refund or other remedy required by law.
26.3 For Business Customers, we warrant that the Services will be provided with reasonable care and skill. Unless expressly stated, we do not warrant that the Services will be uninterrupted, error-free or suitable for every particular purpose.
26.4 Nothing in this clause excludes a manufacturer warranty, Service Level Agreement or other express commitment included in an Order.
27. Liability to Consumers
27.1 We are responsible for loss or damage a Consumer suffers that is a foreseeable result of our breach of the Agreement or our failure to use reasonable care and skill. Loss is foreseeable if it was obvious that it would happen or both parties knew it might happen when the Agreement was made.
27.2 We do not exclude or limit liability where it would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of statutory rights, or defective products where liability cannot be excluded.
27.3 Where a Consumer uses Services for commercial or business purposes, we are not responsible under the Consumer provisions for business losses such as loss of profit, revenue, contracts, opportunity, goodwill or business interruption.
27.4 We are not responsible for loss caused by information, systems, equipment or events outside our reasonable control, except where the law makes us responsible.
28. Liability to Business and SME Customers
28.1 Nothing limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, deliberate default, or any liability that cannot lawfully be limited.
28.2 Subject to clause 28.1, neither party is liable to the other for indirect or consequential loss, or for loss of profit, revenue, anticipated savings, business, opportunity, goodwill or reputation.
28.3 Subject to clause 28.1, our total aggregate liability arising from an affected Order in any 12-month period is limited to 100% of the Charges paid or payable under that Order during the preceding 12 months, or the total Charges for a one-off Order if lower.
28.4 The cap in clause 28.3 does not reduce any higher cap expressly stated in an Order, applicable insurance-backed commitment or remedy required by Ofcom or another regulator.
28.5 Each party must take reasonable steps to reduce avoidable loss.
29. Events outside reasonable control
29.1 Neither party is liable for delay or failure caused by events beyond its reasonable control, including power or carrier failure, severe weather, fire, flood, epidemic, war, civil disorder, industrial dispute, third-party cyberattack, supply-chain failure, government action, or failure of a registry or Supplier.
29.2 The affected party must use reasonable efforts to reduce the impact. Payment for Services already properly supplied is not excused.
29.3 If such an event materially prevents a Service for more than 60 consecutive days, either party may terminate the affected Service without liability for future recurring Charges, subject to accrued Charges and unavoidable third-party costs that were properly disclosed.
30. Complaints, ADR and domain escalation
30.1 Complaints should be raised under our published Customer Service and Complaints Procedure. We will take prompt and active steps to investigate and communicate the outcome.
30.2 Where F13 supplies a communications service to which Ofcom’s alternative dispute resolution requirements apply, the relevant service information and Complaints Procedure will identify the approved ADR scheme available to eligible customers.
30.3 For unresolved .UK registrar complaints, the registrant may escalate the matter to Nominet after completing our complaints process, using the route described in our Complaints Procedure.
30.4 Consumers may also seek independent advice from Citizens Advice or the relevant consumer authority. This clause does not restrict the right to use the courts.
31. Notices
31.1 Routine notices may be sent by email, portal notification, support ticket, text message or post using the latest contact details held for the account.
31.2 You must keep your contact, registrant and billing details current. A notice sent to the latest details supplied by you will be treated as received in accordance with applicable law and the delivery information recorded by the relevant system.
31.3 Formal notice of termination should be sent by email or through the designated portal process and should identify the account and affected Service.
32. General
32.1 A Consumer may not transfer the Agreement without our consent, but we will not unreasonably refuse a request where the Service can lawfully be transferred. A Business Customer may not assign or transfer the Agreement without our prior written consent.
32.2 We may transfer the Agreement to a purchaser of our business or relevant assets, or to a group company, provided this does not reduce a Consumer’s statutory rights. We will notify you where required.
32.3 No person other than the parties has a right to enforce the Agreement under the Contracts (Rights of Third Parties) Act 1999, except where applicable Registry Rules expressly provide otherwise.
32.4 If a provision is invalid or unenforceable, it will be modified to the minimum extent necessary or removed, and the remaining provisions will continue.
32.5 A failure or delay to exercise a right is not a waiver.
32.6 For Business Customers, the Agreement is the entire agreement concerning its subject matter, but nothing excludes liability for fraud or fraudulent misrepresentation. This clause does not exclude pre-contract information that consumer law makes binding.
32.7 The Agreement may be concluded electronically and electronic signatures are valid.
33. Governing law and jurisdiction
33.1 The Agreement is governed by the law of England and Wales.
33.2 A Consumer living in Scotland or Northern Ireland may also rely on mandatory local consumer protections and bring proceedings in the courts of the part of the United Kingdom where the Consumer lives.
33.3 For Business Customers, the courts of England and Wales have exclusive jurisdiction, subject to any mandatory domain dispute procedure or regulatory forum.
Schedule 1 – Model Consumer Cancellation Form
Complete and return this form only if you wish to cancel a Consumer contract. You may instead send any other clear statement of cancellation.
To: F13 Limited, office@f13.co.uk
I/We hereby give notice that I/We cancel my/our contract for the following service(s) or goods:
[Describe the service(s) or goods]
Ordered on / received on:
[Date]
Name of Consumer(s):
[Name]
Address of Consumer(s):
[Address]
Signature of Consumer(s), only if this form is sent on paper:
[Signature]
Date:
[Date]
Schedule 2 – Data Processing Terms for Business Customers
1 These Data Processing Terms apply where F13 processes personal data on behalf of a Business Customer in providing the Services and the customer is a controller or a processor appointing F13 as a sub-processor.
2 The subject matter, duration, nature and purpose of processing, and the types of personal data and categories of data subjects, are described in the Order, service description or the customer’s documented use of the Services.
3 F13 will process personal data only on documented instructions, including instructions in the Agreement and normal use of the Services, unless processing is required by law. The customer warrants that its instructions are lawful.
4 F13 will ensure authorised personnel are subject to confidentiality obligations and will implement appropriate technical and organisational measures having regard to the Services and risks.
5 The customer gives general written authorisation for F13 to use sub-processors. F13 will impose materially equivalent data-protection obligations and remain responsible for their performance.
6 F13 will notify the customer without undue delay after becoming aware of a personal-data breach affecting data processed on the customer’s behalf and will provide reasonable assistance with data-subject rights, security duties, impact assessments and regulator consultations.
7 F13 will not make a restricted international transfer unless a lawful transfer mechanism or adequacy regulation applies.
8 At the end of the Services, F13 will return or delete personal data at the customer’s choice, subject to legal retention and ordinary backup cycles.
9 F13 will make available information reasonably necessary to demonstrate compliance and permit reasonable audits on notice, no more than once in a 12-month period unless required by a regulator or material incident. Audits must protect other customers and avoid unreasonable disruption.