The Customer’s attention is particularly drawn to the provisions of clause 11.
“Business Day” | a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
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“Charges” | the charges payable by the Customer for the supply of the Services in accordance with clause 5. |
“Commencement Date” | has the meaning set out in clause 2.2. |
“Conditions” | these terms and conditions as amended from time to time in accordance with clause 14.8. |
“Contract” | the contract between the Supplier and the Customer for the supply of Services in accordance with these Conditions. |
“Customer” | the person or firm who purchases Services from the Supplier |
“Customer Personal Data” | to be interpreted in accordance with the Personal Data Processing Schedule. |
“Deliverables” | the deliverables set out in the Order produced by the Supplier for the Customer. |
“Hosting Provider” | the specialist company, CWCS, who the Supplier uses for hosting its customers’ websites. |
“Intellectual Property Rights” | all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world. |
“Order” | the Customer’s written acceptance of the Supplier’s quotation. |
“Personal Data Processing Schedule” | means the personal data processing schedule annexed to these Conditions. |
“Services” | the services, including the Deliverables, supplied by the Supplier to the Customer as set out in the Specification and including any digital based services such as web design and development, content management systems, email markets, social media branding, search engine optimisation work, hosting etc.) |
“Specification” | the description or specification of the Services provided in writing by the Supplier to the Customer. |
“Supplier” | Miramar Communications Limited registered in England and Wales with company number 6546290. |
“Supplier Materials” | has the meaning set out in clause 4.1.6 |
“Appropriate Technical and Organisational Measures” | shall be interpreted in accordance with the Privacy Laws. |
“Customer Personal Data” | means any Personal Data the Processing of which is subject to Privacy Laws, that is controlled by the Customer and its employees (where applicable) which the Supplier Processes in the course of providing the Services under the Conditions, wherever the Processing takes place. |
“Data Controller” | shall be interpreted in accordance with the Privacy Laws. |
“Data Processor” | shall be interpreted in accordance with the Privacy Laws. |
“Data Subject” | shall be interpreted in accordance with the Privacy Laws. |
“EU Data Protection Law” | means all applicable EU data protection and privacy laws, including: (i) prior to 25 May 2018, the EU Data Protection Directive 95/46/EC and, on and after 25 May 2018, the General Data Protection Regulation 2016/679; (ii) the Privacy and Electronic Communications Directive 2002/58/EC; and (iii) any other European Union or EU Member State laws made under or pursuant to (i) or (ii), in each case as such laws may be amended or superseded from time to time. |
“GDPR” | means the General Data Protection Regulation (EU) 2016/679. |
“Personal Data” | shall be interpreted in accordance with the Privacy Laws. |
“Privacy Laws” | means applicable laws serving to ensure the protection of Personal Data (including in connection with the Processing of Personal Data), and the protection of the rights and freedoms (in particular, their right to privacy) of Data Subjects relating to their Personal Data, including EU Data Protection Law and UK Data Protection Law, in each case as such laws may be amended or superseded from time to time. |
“Processing” | shall be interpreted in accordance with the Privacy Laws (and “Process” shall be construed accordingly). |
“UK Data Protection Law” | means all applicable UK data protection and privacy laws including any UK law which replaces EU Data Protection Law, or which implements or transposes EU Data Protection Law into UK law. |