Privacy Policy
Notice
Any notice or other communication given to a party under or in connection with this Agreement must be in writing and delivered to:
For the Data Controller:
The address provided under the Services Agreement.
For the Data Processor:
Alice Shipley
Address: Mistla Ltd, Swan Buildings, Swan Street, Manchester, England, M4 5JW
Email: legal@axyonholdings.com
Phone: +44 333 358 3976
Clause 5.1 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
Notice given under this agreement is valid if sent by post or by e-mail.
General
If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
Waiver
A waiver of any right under this Agreement or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default.
No failure or delay by a party in exercising any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
No partnership or agency
Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
Third parties
A person not a party to this Agreement shall not have any rights to enforce its terms. Variation. Except as set out in these Conditions, no variation of this Agreement, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by the Data Processor.
Governing law
This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England. Jurisdiction. 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 this Agreement or its subject matter or formation (including non-contractual disputes or claims).
ANNEX A — Personal Data Processing Purposes and Details
- Subject matter of processing: Website Hosting Services
- Duration of Processing: The Term as set out at Clause 4.1
- Nature of Processing: Storage
- Business Purposes: Performance of our Services Agreement
- Personal Data Categories: Identity Data, Financial Data, Transaction Data, Technical Data, Profile Data, Usage Data, Marketing & Communications Data and any other such data as collected by the Data Controller on its website
- Data Subject Types: Any user of the Data Controller's website
- Located in a country with a current determination of adequacy.
- Binding Corporate Rules.
- Standard Processing Clauses between Customer as 'data exporter' and Provider as 'data importer'.
