Terms and Conditions
1. Definitions and Interpretation
In these Terms and Conditions ("Terms"), the following definitions apply unless the context otherwise requires:
"ABHOSTER LTD", "we", "us" or "our" means ABHOSTER LTD, a company registered in Scotland with its registered office at 17a Carnegie Drive, Dunfermline, KY12 7AN, United Kingdom.
"Client", "you" or "your" means any individual or legal entity that engages ABHOSTER LTD for the supply of Services, or that submits a brief, enquiry or request for proposal to ABHOSTER LTD.
"Services" means any and all digital agency services, AdTech solutions, programmatic advertising management, media buying and planning, web development, brand identity design, IT consulting and systems integration, social media marketing, content strategy, SEO, custom software programming and any other professional services provided or to be provided by ABHOSTER LTD pursuant to a Statement of Work or other agreed engagement document.
"Statement of Work" or "SOW" means a written document agreed between the parties that sets out the specific scope, deliverables, timeline, fees and other terms applicable to a particular Services engagement.
"Deliverables" means any outputs, reports, creative assets, code, strategies, analyses, platforms, systems, plans or other work product produced by ABHOSTER LTD in the course of providing Services to the Client.
"Intellectual Property Rights" means all intellectual property rights of whatever nature anywhere in the world, including but not limited to patents, trade marks, service marks, trade names, domain names, rights in designs, copyrights, database rights, rights in software, know-how and confidential information, whether registered or unregistered.
"Confidential Information" means any information disclosed by one party to the other in connection with a Services engagement that is identified as confidential at the time of disclosure, or that a reasonable person in the circumstances would understand to be confidential.
"Third-Party Platform" means any advertising network, demand-side platform, data management platform, social media platform, content management system, analytics tool, CRM system, or other technology system not owned or operated by ABHOSTER LTD but used in connection with the delivery of Services.
"Ad Spend" means any monies paid or to be paid to Third-Party Platforms for the placement of advertisements or the purchase of media inventory, whether managed directly by ABHOSTER LTD or by the Client.
References to any statute or statutory provision include that statute or statutory provision as amended, consolidated or replaced from time to time. The singular includes the plural and vice versa. References to one gender include all genders. Headings are for convenience only and shall not affect interpretation.
2. Formation of Contract
These Terms and Conditions govern all Services provided by ABHOSTER LTD to its Clients. They are incorporated by reference into every Statement of Work, engagement letter, proposal acceptance or other document through which the Client formally instructs ABHOSTER LTD to provide Services.
A binding contract between ABHOSTER LTD and the Client ("Contract") is formed when: (a) the Client has received and reviewed a proposal or SOW from ABHOSTER LTD; and (b) the Client provides written confirmation of acceptance of that proposal or SOW, whether by counter-signature, email confirmation or other written means; and (c) ABHOSTER LTD provides written confirmation of its acceptance to the Client. Until all three conditions are satisfied, no binding obligation exists on either party.
The submission of a brief, enquiry or request for proposal to ABHOSTER LTD does not create any obligation on ABHOSTER LTD to provide Services and does not constitute the formation of any contract. ABHOSTER LTD reserves the right to decline any brief or engagement request at its absolute discretion without providing reasons.
Where any terms set out in a Client's purchase order or other client-issued document conflict with these Terms and Conditions, these Terms and Conditions shall prevail unless ABHOSTER LTD has expressly agreed in writing to depart from them in relation to a specific matter.
3. Scope of Services
ABHOSTER LTD will provide the Services as described in the applicable Statement of Work. Each Statement of Work will specify, as applicable: the nature and scope of the Services to be provided; the Deliverables to be produced; the timeline for delivery; the fees payable and the invoicing schedule; any Client responsibilities, including the provision of materials, access, approvals and information necessary for service delivery; and any specific performance metrics or success criteria agreed between the parties.
ABHOSTER LTD will use reasonable skill and care in the provision of all Services and will deploy personnel with appropriate expertise and experience. We do not guarantee any specific commercial outcome unless that outcome has been expressly agreed in writing as a guaranteed performance commitment in the relevant Statement of Work. The nature of digital marketing and advertising means that results are influenced by many factors outside our control, including market conditions, algorithm changes on Third-Party Platforms, competitor behaviour and macroeconomic factors.
Where the scope of a Services engagement changes after the Statement of Work has been agreed, ABHOSTER LTD will notify the Client of the change in scope and the additional fees or revised timeline that would result. No change of scope will be actioned without the Client's written agreement to the amended terms.
ABHOSTER LTD reserves the right to engage suitably qualified sub-contractors or freelance specialists to assist in the delivery of Services. ABHOSTER LTD remains responsible for the quality and delivery of all Services whether or not sub-contractors are engaged, and will ensure that any sub-contractors are bound by appropriate confidentiality obligations.
4. Client Obligations and Responsibilities
The Client acknowledges that the successful delivery of Services by ABHOSTER LTD is dependent in part on the Client fulfilling its own obligations in a timely and complete manner. The Client shall:
Provide ABHOSTER LTD with all information, materials, approvals and access that are reasonably necessary for the provision of Services, within any timeframes specified in the Statement of Work or otherwise communicated by ABHOSTER LTD. This includes but is not limited to: access to relevant advertising accounts, analytics platforms and digital systems; brand assets, brand guidelines and approved creative materials; relevant business data including, where applicable, customer data provided under appropriate consent and in compliance with data protection legislation; and timely approval of strategies, creative concepts and campaign structures presented by ABHOSTER LTD.
Ensure that all materials and information provided to ABHOSTER LTD for use in the delivery of Services are accurate, complete and lawfully obtained, and do not infringe the Intellectual Property Rights of any third party or violate any applicable law or regulation.
Obtain and maintain all necessary licences, consents, permissions and approvals required for ABHOSTER LTD to lawfully process any data provided by the Client, including any personal data of the Client's customers or prospects. The Client warrants that any personal data provided to ABHOSTER LTD for use in advertising targeting, CRM integration or other data-driven services has been collected and may be processed in compliance with the UK GDPR, the Data Protection Act 2018, PECR and any other applicable data protection legislation.
Ensure that its business, products, services and promotional activities comply with all applicable laws and regulations, including but not limited to consumer protection law, advertising standards regulations as administered by the Advertising Standards Authority (ASA), the Committee of Advertising Practice (CAP) Codes, the Broadcasting Committee of Advertising Practice (BCAP) Codes, and any sector-specific regulatory requirements applicable to the Client's industry.
Designate a named point of contact within its organisation who has authority to provide instructions, approvals and decisions in connection with the Services engagement, and ensure that such contact is available and responsive within reasonable business hours.
If the Client fails to fulfil its obligations under this clause in a timely manner, ABHOSTER LTD shall not be liable for any resulting delay or failure in the delivery of Services, and may adjust the timeline and/or fees to reflect any additional time or cost incurred as a result of the Client's default.
5. Fees, Invoicing and Payment
The fees payable for Services are as specified in the relevant Statement of Work. Unless otherwise stated in the Statement of Work, the following payment terms apply.
Project fees: For fixed-scope project engagements, fees are typically structured as: a deposit of 40% of the total project fee payable upon signing of the Statement of Work; a second instalment of 40% payable at an agreed mid-point milestone; and the final 20% payable upon delivery and acceptance of the final Deliverables. ABHOSTER LTD will not commence work on any engagement until the initial deposit has been received.
Retainer fees: For ongoing retainer engagements, fees are payable monthly in advance. The first monthly payment is due on or before the agreed commencement date of the retainer. Subsequent monthly payments are due on the same day of each calendar month.
Media buying fees: Where ABHOSTER LTD manages Ad Spend on behalf of the Client, our fees for media management are specified in the Statement of Work, typically calculated as a percentage of managed Ad Spend subject to a minimum monthly fee. Ad Spend itself is billed to the Client at cost, with no mark-up or rebate retained by ABHOSTER LTD unless expressly stated otherwise in the Statement of Work. Ad Spend is payable in advance of being committed to platforms.
All fees are exclusive of value added tax (VAT) unless expressly stated otherwise. Where VAT is applicable, it will be added to invoices at the rate in force at the time of supply. ABHOSTER LTD is or may be registered for VAT in the United Kingdom. Our VAT registration number, where applicable, will be stated on all relevant invoices.
Invoices issued by ABHOSTER LTD are payable within 14 calendar days of the invoice date unless otherwise agreed in writing. Payment is to be made by bank transfer to the account details stated on the invoice. ABHOSTER LTD does not accept cash payments.
If any invoice is not paid by the due date, ABHOSTER LTD reserves the right to: charge interest on the outstanding amount at the rate of 8% per annum above the Bank of England base rate, calculated daily, as provided for under the Late Payment of Commercial Debts (Interest) Act 1998; suspend the provision of all Services to the Client until the outstanding invoice is paid in full; and recover from the Client any reasonable debt recovery costs incurred in pursuing payment of the overdue invoice.
ABHOSTER LTD shall not be required to provide any credit, refund or offset in respect of any Services delivered or partially delivered, unless the Client has demonstrated to the reasonable satisfaction of ABHOSTER LTD that the Services in question did not meet the standard specified in the relevant Statement of Work.
All fees quoted in proposals and Statements of Work are valid for 30 calendar days from the date of issue, unless ABHOSTER LTD extends this period in writing. After 30 days, ABHOSTER LTD reserves the right to revise quoted fees to reflect any material change in costs, scope or market conditions.
6. Intellectual Property Rights
Client-provided materials: All Intellectual Property Rights in materials, data, brand assets and other content provided by the Client to ABHOSTER LTD for use in the provision of Services remain the property of the Client or its licensors. The Client grants ABHOSTER LTD a non-exclusive, royalty-free licence to use such materials solely for the purpose of delivering the contracted Services during the term of the engagement.
Deliverables — general position: Intellectual Property Rights in Deliverables created by ABHOSTER LTD in the course of a Services engagement vest initially in ABHOSTER LTD. Upon receipt of full payment of all fees due in connection with the relevant Services engagement, ABHOSTER LTD assigns to the Client all Intellectual Property Rights in the specific Deliverables created for that engagement, to the extent that such rights are capable of assignment and to the extent expressly provided in the Statement of Work. Any assignment is conditional on full payment having been received.
Exclusions from assignment: The assignment of Intellectual Property Rights in Deliverables does not include: ABHOSTER LTD's pre-existing methodologies, frameworks, tools, templates, software libraries, processes and know-how; any third-party intellectual property incorporated into Deliverables (which may be subject to separate third-party licence terms); and any general skills, knowledge and experience acquired by ABHOSTER LTD's personnel in the course of the engagement. ABHOSTER LTD retains an irrevocable, royalty-free licence to use the techniques and methodologies applied in producing any Deliverables for its own purposes and in connection with the provision of services to other clients.
Portfolio use: Subject to any confidentiality obligations agreed between the parties, ABHOSTER LTD reserves the right to reference the existence of a client engagement and describe the nature of the Services provided in its own marketing materials, portfolio presentations and case studies, without disclosing confidential commercial data. Where the Client requires that any engagement be kept confidential in its entirety, this must be agreed in writing in the Statement of Work.
Third-party software and licences: Where the delivery of Services involves the use, configuration or integration of Third-Party Platform software, tools or services, the Client acknowledges that any use of such software is subject to the relevant third-party licence terms and acceptable use policies. ABHOSTER LTD does not warrant that any Third-Party Platform will continue to be available, or that the terms and fees of any Third-Party Platform will remain unchanged during the engagement.
7. Confidentiality
Each party agrees to hold the other's Confidential Information in confidence and not to disclose it to any third party without the other party's prior written consent, except as set out in these Terms.
Confidential Information may be disclosed: to employees, contractors and professional advisers of the receiving party on a need-to-know basis and subject to equivalent confidentiality obligations; as required by applicable law, court order, regulatory requirement or the rules of a recognised stock exchange; and to the extent that the information has entered the public domain other than through a breach of confidence.
Each party shall take reasonable measures to protect the Confidential Information of the other party, using at least the same degree of care it applies to its own confidential information of a similar nature.
The obligations of confidentiality in this clause shall survive the termination or expiry of the relevant Services engagement for a period of three years, except in relation to trade secrets and other information that is inherently confidential, in respect of which the obligations shall continue indefinitely.
8. Data Protection
Each party shall comply with its obligations under applicable data protection legislation, including the UK GDPR, the Data Protection Act 2018 and PECR, in connection with all personal data processed in connection with the Services.
Where ABHOSTER LTD acts as a data processor: Where ABHOSTER LTD processes personal data on behalf of the Client as a data processor in the course of providing Services (for example, by managing advertising campaigns that involve the targeting of individuals based on personal data provided by the Client), such processing shall be governed by a separate Data Processing Agreement (DPA) to be entered into between the parties. The DPA will include the mandatory provisions required by Article 28 of the UK GDPR. ABHOSTER LTD will process personal data in its capacity as a data processor only on the documented instructions of the Client unless required by applicable law to process otherwise.
Where ABHOSTER LTD acts as a data controller: ABHOSTER LTD acts as an independent data controller in respect of personal data it collects about its own clients and contacts in the course of running its business. Such processing is governed by ABHOSTER LTD's Privacy Policy, available at privacy-policy.html.
The Client warrants that all personal data provided to ABHOSTER LTD for use in the delivery of Services has been collected lawfully, that all required consents or other legal bases for processing are in place, and that ABHOSTER LTD's processing of such data as instructed will not place ABHOSTER LTD in breach of applicable data protection legislation.
9. Representations and Warranties
ABHOSTER LTD represents and warrants to the Client that: (a) it has the legal right and authority to enter into and perform the Contract; (b) it will perform the Services with reasonable skill and care and in accordance with good industry practice; (c) it will comply with all applicable laws and regulations in the provision of Services; (d) it will not infringe the Intellectual Property Rights of any third party in the creation of Deliverables (save to the extent that any infringement arises from materials provided by the Client); and (e) it maintains appropriate and adequate professional indemnity insurance.
The Client represents and warrants to ABHOSTER LTD that: (a) it has the legal right and authority to enter into and perform the Contract; (b) all materials and information provided to ABHOSTER LTD are accurate and complete and their use by ABHOSTER LTD in the delivery of Services will not infringe any third-party rights; (c) its business, products and services comply with all applicable laws and regulations; (d) it has obtained all necessary consents and permissions to allow ABHOSTER LTD to process any personal data provided by the Client; and (e) it will promptly inform ABHOSTER LTD of any change in circumstances that may materially affect the delivery of Services.
All warranties not expressly stated in these Terms are excluded to the maximum extent permitted by applicable law.
10. Limitation of Liability
Nothing in these Terms shall limit or exclude either party's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be limited or excluded under applicable law, including in particular any liability under the Consumer Rights Act 2015 where applicable.
Subject to the above, ABHOSTER LTD's total aggregate liability to the Client in respect of any claim or claims arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total fees actually paid by the Client to ABHOSTER LTD under the relevant Statement of Work in the six months immediately preceding the event giving rise to the claim. Where an engagement is at its commencement, this cap shall be applied by reference to the total fees payable under the Statement of Work.
ABHOSTER LTD shall not be liable to the Client for: (a) any loss of profits, revenue or anticipated savings; (b) any loss of goodwill, reputation or opportunity; (c) any indirect, special or consequential loss; (d) any loss arising from the failure or non-performance of any Third-Party Platform or technology provider; (e) any loss arising from ABHOSTER LTD acting in accordance with instructions or materials provided by the Client that subsequently prove to be incorrect or incomplete; or (f) any failure to achieve any specific advertising, marketing or business performance metric unless expressly guaranteed in writing in the Statement of Work.
Where the Services involve the management of Ad Spend on Third-Party Platforms, ABHOSTER LTD's liability in respect of any overspend or unauthorised spend on such platforms shall be limited to the amount of any overspend directly attributable to ABHOSTER LTD's gross negligence or wilful misconduct, and shall not include any consequential losses arising from such overspend.
The Client shall have a duty to take all reasonable steps to mitigate any loss or damage it may suffer as a result of any act or omission by ABHOSTER LTD.
11. Termination
Termination by agreement: Either party may terminate any Services engagement by providing the notice period specified in the relevant Statement of Work. Where no notice period is specified, a minimum of 30 calendar days' written notice is required.
Termination for material breach: Either party may terminate a Services engagement immediately upon written notice to the other party if the other party commits a material breach of these Terms or the relevant Statement of Work and either: (a) the breach is incapable of remedy; or (b) the breaching party fails to remedy the breach within 14 calendar days of receiving written notice requiring it to do so.
Termination for insolvency: Either party may terminate a Services engagement immediately upon written notice if the other party: (a) becomes insolvent, is unable to pay its debts as they fall due, or enters into voluntary or involuntary administration, liquidation, receivership or analogous process; (b) makes any arrangement with its creditors; or (c) ceases or threatens to cease to carry on business.
Effect of termination: Upon termination of any Services engagement for any reason: (a) the Client shall pay all outstanding fees for Services rendered up to the date of termination, including any pro-rated fees for the month in which termination takes effect; (b) the Client shall pay any committed or committed media spend that cannot be cancelled or recovered; (c) ABHOSTER LTD shall deliver to the Client all Deliverables completed to the date of termination, together with all Client materials in its possession; (d) each party shall return or securely destroy the other party's Confidential Information in its possession, subject to any legal obligation to retain records; and (e) the provisions of these Terms that by their nature are intended to survive termination (including but not limited to clauses relating to intellectual property, confidentiality, limitation of liability and governing law) shall continue in full force and effect.
Termination of any Services engagement shall not affect either party's accrued rights or remedies as at the date of termination.
12. Force Majeure
Neither party shall be in breach of these Terms or liable for any delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure results from events, circumstances or causes beyond its reasonable control, including but not limited to: acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; war, act of terrorism, civil unrest or armed conflict; governmental or regulatory actions; power or telecommunications failures; and industrial action by third parties. The affected party shall notify the other as soon as reasonably practicable of the occurrence of such circumstances and take all reasonable steps to mitigate the effect of the force majeure event.
If a force majeure event continues for more than 60 calendar days, either party may terminate the affected Services engagement on written notice, without liability, provided that the Client shall pay for all Services rendered up to the date of termination.
13. Third-Party Platform Terms and AdTech Specifics
Where Services involve the management of advertising campaigns or digital marketing activities on Third-Party Platforms (including but not limited to Google Ads, Meta Ads Manager, LinkedIn Campaign Manager, The Trade Desk, DV360 and similar platforms), the Client acknowledges and agrees that:
All activity on such platforms is subject to the terms, policies and acceptable use guidelines of the relevant platform, which ABHOSTER LTD does not control and which may change at any time without notice. ABHOSTER LTD will endeavour to notify the Client of any material platform policy changes that affect ongoing campaigns but cannot guarantee advance notice in all cases.
Campaign performance on Third-Party Platforms is influenced by factors including but not limited to: real-time auction dynamics; algorithm updates made by platform operators; changes in the competitive landscape; seasonal demand variations; changes in the Client's own website performance or user experience; and broader economic conditions. ABHOSTER LTD cannot guarantee specific campaign performance outcomes and shall not be liable for deterioration in performance attributable to such factors.
Platform accounts created by ABHOSTER LTD on behalf of the Client (including advertising accounts, analytics accounts and ad tech platform accounts) remain the property of the Client. Account credentials and administrative access will be transferred to the Client promptly upon request or upon termination of the engagement. ABHOSTER LTD requests access to the Client's existing accounts only as an authorised manager, not as account owner.
Where ABHOSTER LTD manages billing for Third-Party Platforms on behalf of the Client, the Client agrees to maintain sufficient credit or funding in the relevant billing accounts to prevent campaign interruption. ABHOSTER LTD shall not be liable for any loss of campaign performance arising from the Client's failure to maintain adequate platform funding.
Data collected through Third-Party Platforms in connection with the Client's campaigns (including audience data, conversion data and analytics data) is subject to the data policies of those platforms. Where the Client requires that platform data be treated as the Client's exclusive property, the Client should ensure that platform accounts are registered in the Client's own name with ABHOSTER LTD granted management access only.
14. Anti-Bribery and Ethical Standards
Both parties shall comply with all applicable anti-bribery and corruption laws, including the Bribery Act 2010, and shall not engage in any activity that constitutes a bribe, corrupt payment, improper inducement or facilitation payment in connection with the Services or any related activities. Each party shall maintain adequate anti-bribery procedures appropriate to its size and business activities.
ABHOSTER LTD operates to the standards of the Internet Advertising Bureau UK (IAB UK) in connection with its digital advertising activities and encourages all clients to engage with digital advertising in a transparent, honest and lawful manner consistent with the ASA's CAP Codes and applicable consumer protection legislation.
ABHOSTER LTD does not engage in the following practices and will not undertake Services that require it to do so: the use of misleading, deceptive or unlawful advertising content; the deployment of tracking technologies without appropriate consumer consent where consent is required by law; the purchase of fraudulent or artificially inflated traffic or engagement; ad fraud or any other practice designed to generate false impressions, clicks or conversions; and the collection, purchase or use of personal data in breach of applicable data protection legislation.
15. Assignment
The Client may not assign, transfer, charge or otherwise deal with any of its rights or obligations under the Contract without the prior written consent of ABHOSTER LTD, which shall not be unreasonably withheld or delayed. ABHOSTER LTD may assign or sub-contract any or all of its obligations under the Contract, provided that ABHOSTER LTD remains responsible for the performance of all obligations assigned or sub-contracted.
16. Entire Agreement
These Terms and Conditions, together with the relevant Statement of Work and any Data Processing Agreement entered into between the parties, constitute the entire agreement between ABHOSTER LTD and the Client with respect to the subject matter of the Contract and supersede all prior discussions, representations, proposals and agreements between the parties in relation to that subject matter. Each party acknowledges that it has not entered into the Contract in reliance on any representation or statement not expressly set out in these Terms or in the relevant Statement of Work.
Nothing in this clause shall limit or exclude any liability arising from fraud or fraudulent misrepresentation.
17. Variation
No variation of these Terms and Conditions shall be effective unless agreed in writing and signed or otherwise authenticated by authorised representatives of both parties. Changes to the scope, fees or timeline of a specific Services engagement shall be documented in an amended or supplementary Statement of Work or in a written change order agreed by both parties.
18. Waiver
A failure or delay by either party to exercise or enforce any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
19. Severability
If any provision of these Terms and Conditions is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be deemed to be modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be severed and the remainder of the Terms and Conditions shall continue in full force and effect.
20. Notices
Any notice or other communication required or permitted to be given under these Terms and Conditions shall be given in writing and shall be delivered by email (with delivery confirmation) or by recorded postal delivery to the relevant party at its email address or postal address as specified in the applicable Statement of Work or as otherwise notified in writing by that party. Notices delivered by email shall be deemed received on the next business day following transmission (provided no delivery failure notification is received), and notices delivered by recorded post shall be deemed received two business days after the date of posting.
All correspondence to ABHOSTER LTD should be addressed to: ABHOSTER LTD, 17a Carnegie Drive, Dunfermline, KY12 7AN, Scotland, United Kingdom. Email: about@abhoster.cloud. Telephone: +44 7782 554321.
21. Rights of Third Parties
These Terms do not confer any rights on any third party under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms. This does not affect any right or remedy of a third party that exists or is available apart from that Act.
22. Governing Law and Dispute Resolution
These Terms and Conditions and any dispute, controversy or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland.
Each party irrevocably agrees that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims).
Before commencing any formal legal proceedings, the parties agree to attempt in good faith to resolve any dispute arising under or in connection with these Terms through senior management escalation. If a dispute cannot be resolved through negotiation within 30 calendar days of one party notifying the other of the dispute, either party may refer the matter to formal mediation through a mutually agreed mediator or, failing agreement, through a mediator appointed by the Centre for Effective Dispute Resolution (CEDR). The costs of mediation shall be shared equally unless the mediator directs otherwise. If mediation does not resolve the dispute within 60 calendar days of the commencement of the mediation process, either party may commence legal proceedings in the courts of Scotland.
23. Updates to These Terms
ABHOSTER LTD reserves the right to update these Terms and Conditions from time to time to reflect changes in our business practices, applicable law, regulatory guidance or industry standards. We will notify existing clients of any material changes by email or through a notice on our website at least 14 days before such changes take effect. Continued use of our Services after the effective date of any changes constitutes acceptance of the updated Terms as they apply to Services provided after that date. These Terms and Conditions as in force at the date of a Statement of Work shall continue to govern that Statement of Work unless both parties expressly agree in writing to apply updated Terms.
The current version of these Terms and Conditions is always available at abhoster.cloud/terms-and-conditions.html.