1.1 In the Agreement:
“Affiliate” means a company, firm or individual that Controls, is controlled by, or is under common Control with the relevant company, firm or individual;
“Agreement” means the agreement between the Company and the Customer incorporating these Web Marketing Terms and the Proposal, and any amendments to it from time to time;
“Business Day” means any week day, other than a bank or public holiday in England; “Business Hours” means between 09:00 and 17:30 on a Business Day;
“Charges” means the amounts payable by the Customer to the Company under or in relation to the Agreement (including expenses), calculated in accordance with Clause 7;
“Company” means Soar Enterprises Online Limited trading as Soaronline.co.uk having its office at 28D Ludgate House, Ludgate Hill, St. Paul’s Square, Birmingham. B3 1DX
(a) any information supplied (whether supplied in writing, orally or otherwise) by one party to the other party marked as “confidential”, described as “confidential” or reasonably understood to be confidential;
“Control” means the legal power to control (directly or indirectly) the management of an entity (and “Controlled” will be construed accordingly);
“Customer” means the customer for services under the Agreement as specified in the Proposal;
“Effective Date” means the date when the Company sends to the Customer its written confirmation that the Agreement is agreed, following the Customer’s acceptance of the Proposal and these Web Marketing Terms.
“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, hacker attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
“Hourly Rate” means the Company’s hourly rate as specified in the Proposal and as updated at any time after the end of the Minimum Term by the Company giving at least 30 days written notice of the update to the Customer;
“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights (and the “intellectual property rights” referred to above include copyright and related rights, moral rights, database rights, confidential information, trade secrets, know-how, business names, trade names, domain names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
“Minimum Term” means the period defined starting on the Effective Date; “Personal Data” has the meaning given to it in the Data Protection Act 1998;
“Proposal” means the proposal document issued by the Company detailing the scope of the Services and other matters relating to the Agreement;
“Services” means marketing services relating to the Website, as detailed in Clause ; “Term” means the term of the Agreement;
“Website” means the website or websites specified in the Proposal; and
“Year” means a period of 365 days (or 366 days if there is a 29 February during the relevant period) starting on the contract start date or on any anniversary of contract start date.
1.2 In the Agreement, a reference to a statute or statutory provision includes a reference to:
(a) that statute or statutory provision as modified, consolidated and/or re- enacted from time to time; and
(b) any subordinate legislation made under that statute or statutory provision.
1.3 The Clause headings do not affect the interpretation of the Agreement.
1.4 The ejusdem generis rule is not intended to be used in the interpretation of the Agreement; it follows that a general concept or category utilised in the Agreement will not be limited by any specific examples or instances utilised in relation to such a concept or category.