Kate Hunt Trading As CheapGifts is in the business of general trading, that is to say the sale of new and used goods. She has a wide range of expertise and the products offered for sale by the business are owned by her, she has a mandate from the owner to sell on their behalf.

Agreement:

IT IS AGREED as follows:

The application of these terms and conditions are for the provision of various services by Kate Hunt T/A CheapGifts (CG) By requesting and/or using any services provided by CG the Customer agrees to be bound by these terms and conditions.

The Customer should note in particular the limitation of liability set out in clauses 7 and 10.

SECTION 1 - GENERAL

DEFINITIONS

The following expressions in this Agreement shall mean: -

"Confidential Information" is that which CG identifies as confidential to their business or proprietary or which would be regarded as business confidential or proprietary by a reasonable business person.

"Fees" are the monthly/annual fees together with any other fees payable (as varied from time to time) for Services provided, as agreed by CG with the Customer. All sums payable are exclusive of VAT.

"Inappropriate Material" is any of the following: - Threatening, abusive, unlawful, Malicious, harmful, Profane, obscene, Libellous, pornographic, defamatory, or anything which infringes or contravenes any Intellectual Property Rights or which constitutes or encourages a criminal offence or which contains a worm, virus, trojan horse or other harmful software code.

"Intellectual Property Rights" designates trade and business names, trademarks, patents, copyrights, registered and unregistered design rights, database rights, trademarks and service marks and applications for any of the previous items, together with any trade secrets, knowledge, rights to confidence and other industrial and intellectual property rights in any of the world.

"Listing": the entry by CG of information about the Customer's establishment on the CG Web Tools or on any other web-site.

"Material" implies audio and visual graphics including, in any combination, video, graphics, text, images and sound.

"Minimum Term": The minimum period of time that this Agreement shall be in force.

"CG Web Site": any on line tools that are deployed by CG from time to time and/or such other internet address as may be adopted by CG from time to time.

"Registration Form" is a registration document provided by CG (i.e. either available on the CG Web Site or from PS Ltd. through the post) to be completed and returned by the Customer (or by CG on the Customer's behalf) in order to request the Services.

"Services" designates the level of service that CG agrees to provide the Customer as described on the CG Terms of Agreement and/or any other services that CG agrees to provide to the Customer.

"Web Site": a web site available on the Internet.

"User name" and "Password": words selected by the Customer or CG that enable the Customer to access some of the services provided by CG.

1. COMMENCEMENT AND MINIMUM TERM

1.1 This Agreement shall commence on CG's acceptance of the Customer's request for the Goods or Services. Subject to prior termination as stated in clause 8 below the parties agree to a Minimum Term of one month from commencement. After the Minimum Term has expired, this Agreement shall continue unless terminated by the parties in accordance with clause 8 below.

2. PAYMENT

2.1 In consideration for the payment for the goods and services, CG agrees to the provision of the Goods and Services as described either verbally, in writing or on its web sites/web tools(save that as set out in clause 3.1.1 below CG may at its discretion refuse any order and effect a full refund).

2.2 The Customer agrees to pay for the Goods and Services (and any other sums due to CG) without any deduction or withholding (whether by way of set off, counterclaim, abatement or otherwise) as follows: -

2.2.1 By debit or credit card payment Via PayPal, MoneyBooker.com or by transfer to CG Bank account at the time payment is due, and thereafter within 14 days from date of all invoices sent by PS Ltd. for any other sum payable that has not been pre-paid (or any other sums due to CG).

3. USE OF SERVICES

3.1. The Customer recognises and accepts that: -

3.1.1 CG may at its discretion refuse to accept any order and/or refuse to register any particulars.

3.1.2 Should CG refuse to accept any order for goods or services any monies already paid in advance for the Goods or Services requested, or other service, will be returned to the Customer.

3.1.3 CG will rely on Material and information provided by the Customer in order to prepare the items required and to fulfil its services obligation. CG is not responsible for checking the accuracy or completeness of such Material and information. In addition, CG may use or transpose Material from the Customer's own web-site and advertisements in order to compile the information it needs and CG is not responsible for checking the accuracy of such Material and information.

3.1.4 CG may at its sole discretion remove immediately from the CG Web-Site (or alter) any Listing that contains CG Products or service or incorrect/out of date information; or any code, which in the sole opinion of CG, is designed or constructed to circumvent or extend the limitations of the service level for which the client has registered.

3.1.5 CG may at its discretion re advertise for sale any products or withdraw any Services (including but not limited to the removal of any membership from the CG Web Site) if any sums payable by the Customer have not been paid within 14 days of the due date for payment.

3.1.6 CG reserves the right to add or upgrade its hardware and/or software at any time. CG will make reasonable efforts to conduct planned maintenance during periods of anticipated low usage of the CG Web Site. No warrantee either expressed or implied is given to the provision of any online web site or service.

3.1.7 CG reserves the right to change the content of the PS Ltd. Web Site or to discontinue any aspect of the CG Web Site.

4. CUSTOMER OBLIGATIONS, WARRANTIES AND ACKNOWLEDGEMENTS

4.1 The Customer appoints CG to provide the Goods and Services.

4.2 The Customer warrants that:

4.2.1 It has the authority and the right to enter into this Agreement;

4.2.2 All the information and Material that the Customer provides to CG for the purpose of fulfilling its obligations is true and accurate;

4.2.3 It will not send, provide, supply or cause CG to receive any Inappropriate Material.

4.2.4 The Material provided to CG by the Customer does not infringe any Intellectual Property Rights or any other rights of a Third Party;

4.2.5 Where CG is providing products that in turn are to be resold on the internet, the Customer must have the right to apply for and use that Web-Site address and that its use of that Web-site address does not infringe the Intellectual Property rights or any other rights of a Third Party;

4.3 If in CG's reasonable opinion the Customer is using any HTML code when using the Services to such an extent that it adversely affects the Services, CG reserves the right to delete such HTML code.

4.4 The Customer agrees to provide CG with all such assistance that CG may reasonable require and agrees, without limitation:

4.4.1 The Customer to provide CG with its postal address, email address and telephone number/s, and promptly to notify CG of any alterations to these in a timely manner if it effects PS Ltd.'s ability to fulfil its obligations.

4.4.2 The Customer to check the Listing when it first appears and thereafter periodically to review the Listing and inform CG should the Listing contain information that is out of date or inaccurate (including without limitation information about CGs prices and any special deals offered).

4.5 The Customer shall comply with all applicable data protection and privacy laws and regulations including without limitation the provisions of the Data Protection Act 1998.

4.6 The Customer acknowledges and accepts that it is responsible for the security and proper use of all user IDs and passwords used in connection with the Services and must take all necessary steps to ensure that they are kept confidential, secure, and safeguarded from unauthorised use. The Customer acknowledges that CG recommends that it uses a username & password which is unique to its CG account.

4.7 The Customer acknowledges and accepts that it must satisfy such security checks as CG may reasonably operate in order to change user ID and passwords.

4.8 The Customer acknowledges and accepts that CG reserves the right to suspend its user ID and password access to the Services if at any time CG considers there is or is likely to be a breach of security.

4.9 The Customer agrees that CG is authorised to act on instructions sent by email from the Customer that contain the Customer's user ID and password.

4.10 CG reserves the right to contact the Customer by email (or otherwise) to inform the Customer of its user ID and password.

4.11 CG is permitted to contact the Customer by email (or otherwise) to inform the Customer of any additional products and services that it can provide or to send the Customer similar marketing information.

5. CG WARRANTIES

5.1 CG agrees to provide the Services with reasonable skill and care.

5.2 As the Services are provided by means of computer and telecommunication systems and third part delivery companies CG makes no warranties or representations that the Services will be uninterrupted or error-free. Further CG makes no warranties or representations as to the speed of service.

5.3 To the maximum extent permitted by law, except as expressly stated in these terms and in so far as required by law where the Customer has dealt as a consumer (as defined in the Unfair Terms in Consumer Contracts Regulations 1994), all conditions, warranties and guarantees (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to fitness for purpose, description and satisfactory quality (where applicable) are hereby excluded in relation the Goods and Services to be provided.

6. INDEMNITY

6.1 The Customer agrees fully to indemnify, keep indemnified and hold harmless CG, its officers, employees, agents, sub-contractors and affiliated companies from and against any and all costs, claims, losses, demands, liabilities, expenses or damages (including without limitation any indirect consequential losses, losses of profit, legal and other professional costs and expenses) sustained or incurred by CG or any of its officers, employees, agents, sub-contractors or affiliated companies in respect of:-

6.1.1 Any Inappropriate Material sent, provided or supplied by the Customer to CG or that the Customer causes CG to receive; or

6.1.2 Any incorrect or misleading information about the Customer's establishment provided or supplied by the Customer to CG; or

6.1.3 Any infringement of any Intellectual Property Rights or any other rights of a Third Party by the Customer; or

6.1.4 Any other negligence, default or breach of the Customer of any of its obligations or warranties in this Agreement.

This clause and its provisions shall remain active beyond the expiry or termination of the contract.

7. LIMITATION OF LIABILITY

7.1 Nothing in these terms excludes or limits CG's liability for any fraudulent statement or for personal injury or death caused by CG's negligence.

7.2 Save as set out in clause 7.1 above CG limits its liability under this Agreement whether such liability arises in contract or tort (including without limitation negligence) to Fees paid for the Services in respect of which the alleged tort or breach has arisen in the period of 24 months preceding the event which gives rise to any liability.

7.3 In no event shall CG be liable for:

7.3.1 Loss of business, profit, or anticipated profits or savings;

7.3.2 Loss of data or use of data;

7.3.3. Loss of any domain name or the use of any domain name;

7.3.4 Damage to the other party's reputation;

7.3.5 Any other indirect or consequential loss;

7.3.6 Loss of Customer profits even if CG has been informed of the possibility of such loss or damage.

The provisions of this clause shall survive the termination of this Agreement.

8. TERMINATION

8.1 CG can terminate this Agreement by giving the customer written notice if any of the following events occur:

8.1.1 There is a material breach by the customer of any of its obligations stated in this Agreement and either the breach is not capable of remedy or if the breach is capable of remedy the Customer fails to remedy it within 14 days after receiving a written notice from CG requiring it to be remedied.

8.1.2. There are sums due to CG under this Agreement and such sums are not paid by the Customer within 14 days of the due date for payment; the Customer has sent, supplied, provided or caused CG to receive any Inappropriate Material or has provided misleading or incorrect information.

8.1.4 The supply of the Services to the Customer may (in the reasonable opinion of CG) expose CG to the risk of litigation or arbitration or any other disputes with third parties;

8.1.5 A petition is presented or a meeting is convened for the purpose of considering a resolution for the making of an administrative order to wind-up, or dissolution of the Customer's company; or

8.1.6 A petition for bankruptcy is presented against the customer as an individual; or

8.1.7 A receiver, liquidator or administrator, receiver or other encumbrancer for the customer's company or a trustee in bankruptcy for the customer as an individual is appointed over the customer any of the customer's assets; or

8.1.8 The Customer enters into any arrangement or composition or proposes to enter into any arrangement (voluntarily or otherwise) or composition with its creditors or for its creditors (including any voluntary arrangement).

8.2 CG shall be entitled to keep any monies paid to it by the Customer and recover all sums due whether invoiced or not at the date of termination, in the event that any of the circumstances identified in clause 8.1.1 to 8.1.8 arises.

8.3 This Agreement may be terminated by either party after the Minimum Term by giving at least 14 days written notice as specified in clause 11.6.

9. CONFIDENTIALITY

9.1 Each of the parties agrees (save as required by law, court order or any regulatory body):

9.1.1 To keep confidential all sensitive or business confidential Information received from either party.

9.1.2 Not without the other party's prior written consent to disclose the Confidential Information in whole or in part to any other person save to those of its directors, employees, agents or professional advisers involved in the implementation of this Agreement and provided in all cases that they have a need to know the same.

9.1.3 To use the Confidential Information solely in connection with the performance of obligations under this Agreement.

9.2 The obligations under clause 9.1 will not be applicable to any Confidential Information which:

9.2.1 Was already known to the Receiving Party prior to the date of this Agreement.

9.2.2 Is obtained via a third party who lawfully possessed such Confidential Information and which has not been obtained in breach of a duty of confidence owed to the Disclosing Party;

9.2.3 Is in the public domain other than as a result of a breach of a duty of confidence owed to the Disclosing Party by any person.

10. VIRUSES

10.1 CG will take reasonable steps to detect viruses.

10.2 The Customer acknowledges and accepts that:

10.2.1 CG makes no warranties or representations that every virus will be detected;

10.2.2 Without prejudice to the provisions of clause 7 above, PS Ltd. will not accept any responsibility or liability resulting from any viruses sent or received by the Customer.

10.3 The Customer will take reasonable steps to detect viruses.

10.4 CG may at its discretion delete any email containing any viruses, or any other Material containing any viruses.

11.GENERAL

11.1 CG reserves the right to change or modify any of these terms and conditions at any time at its sole discretion. For the avoidance of doubt, CG reserves the right to increase the Fees from time to time and to introduce fees for any service previously offered free of charge. For existing clients such increases in product cost and or fees shall come into effect at the time new orders are accepted.

11.2. Continued use of the Services following CG's posting advice of changes will constitute the Customer's acceptance of such changes.

11.3 If any provision in this Agreement or part of this agreement shall be considered void for any reason, the offending words or phrase shall be understood to have been deleted and the remaining provisions of this agreement shall continue in full force and effect.

11.4 The rights and obligations of the Customer under this Agreement are personal to the Customer and the Customer undertakes that it shall not assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.

11.5 CG reserves the right where necessary to sub-contract at any time any part or all of the work required to fulfil its obligations hereunder.

11.6 Under this agreement any and all notices which are required will be given in writing and sent to the usual postal address or the email of the recipient or the last-known postal address of the recipient. For the avoidance of doubt, an email communication is a communication in writing for the purposes of this Agreement. Any notice may be delivered by first class mail, by pre-paid airmail, by fax transmission, in person or by email and shall be deemed to have been received: -

11.6.1 At the time of delivery by personal delivery provided that it is handed to a suitable officer or employee of the receiving party.

11.6.2 Within 48 hours if sent by first class pre-paid post in the United Kingdom.

11.6.3 By pre-paid airmail- 5 business days after the date of posting.

11.6.4 By facsimile - 24 hours after receipt of confirmation of the completion of transmission by the sending party.

11.6.5 By email on receipt or on telephone or email confirmation of receipt from the intended recipient.

11.7 Save in relation to obligations of payment neither of the parties shall be deemed to be in breach of this Agreement or responsible for any delay or non-performance or for the consequences of any delay or non-performance which is due to anything beyond its reasonable control (to include without limitation any failures due to internet errors or internet unavailability, Act of God, war, insurrection, acts of terrorism, fires, explosion, flood, storm, theft or malicious damage, inability to obtain labour, other malfunction of machinery or computer equipment or governmental act or regulation).

11.8 Any delay or tolerance of delay by any of the parties in enforcing the terms and provisions of this Agreement or any of its rights shall not be seen as a waiver of the provision or right.

11.9 In this agreement, Clause headings have been included for convenience only.

11.10 No term of this Agreement is intended for the benefit of any third party, and the parties do not intend that any term of this Agreement should be enforceable by a third party either under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

11.11 This Agreement shall be governed by and construed in accordance with English Law. The parties agree to abide by the jurisdiction of the Court of England and Wales over any claim or matter arising under or in connection with this Agreement.

We cannot guarantee the visual images or textual description of the quality of the properties displayed on the Internet or printed pages and therefore cannot assume any responsibility for the accuracy or validity of claims or descriptions given by anyone on a website or in any other locations on the internet. We strongly suggest that information is sought directly from the owners. Any views or opinions stated within our web sites or other locations on the internet are solely those of the owners and do not necessarily reflect the opinions or views of Kate Hunt T/A ChaepGifts or its Internet service Provider, Sheer-Logic.co.uk. We always reserve the right to remove, without compensation, any establishment that fails to provide the quality of service claimed in their website or advertisement.