CHOCOLATE CHIP WEB SOLUTIONS UK www.chocolatechipdesign.co.uk TERMS AND CONDITIONS

SERVICE AGREEMENT

By using any of the Services provided by Chocolate Chip you accept the terms of business set out on this page.

This Agreement is made between Chocolate Chip ("we", "us", "our") and "you", the user / listener / customer.

1. DEFINITIONS

"Services" means using our web pages, involovment in competitions on our web pages, advertisments, sponsorship deals and any other service or facility provided by us to you.

"Server" means the computer server equipment operated by us in connection with the provision of any service.

"Web Site" means the area on the Server or any sever maintained for us allocated by us to you for use by you as a site on the Internet.

2. ADVERTISERS / SPONSORS AGREEMENT

2.1 Pornography and sex-related merchandising are PROHIBITED on any server connected to service or provison we advertise;

2.2 Pornography and sex-related merchandising are PROHIBITED on any server connected to our sponsors;

3. SERVICE AVAILABILITY

3.1 We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server;

3.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is too last for more than 30 days you will be notified of the reason;

4. PAYMENT

4.1 All payments must be in UK Pounds Sterling. Payments made by cheque will incure an additional Ł3.50 administration/handeling fee. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of Ł30;

4.2 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. Charges are exclusive of 'Value Added Tax' which shall be paid additionally by you at the rate prescribed by law on submission by us of a proper VAT invoice;

4.3 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you;

5. LIMITATION OF LIABILITY

5.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to subclause 10.2;

5.2 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever;

6. LAW

This Agreement shall be governed by and construed in accordance with English law and you hereby submit to the non-exclusive jurisdiction of the English courts.

7. HEADINGS

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

8. ENTIRE AGREEMENT

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.