Terms and Conditions of Service

The gist:

We (the people at Hypertise Ltd) run a website hosting platform called Hypertise and would love for you to use it. Hypertise’s basic service is a recurring subscription (meaning you’ll be billed every renewal period to maintain your service) and we offer paid upgrades for advanced features such as domain hosting and extra storage. Our service is designed to give you as much control and ownership over what goes on your website as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) are distributed from any services you have with us.

If you find a Hypertise account that you believe violates these Terms of Service, please contact us and let us know.

Terms of Service:

The following terms and conditions (“Terms”) govern all use of the Hypertise website and all content, services, and products available at or through the websites (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Hypertise’s Privacy Policy) and procedures that may be published from time to time by Hypertise (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades. Your agreement is with Hypertise Ltd, a company registered in England and Wales (“Hypertise”,  “our”, or “we”).

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Hypertise, acceptance is expressly limited to these Terms. If you don’t fully understand anything mentioned in this Agreement, please contact us for clarification before accessing, using, subscribing to, and/or purchasing any of our Services.

Our Services are not directed to anyone younger than 18, and access and use of our Services is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.

Your use of our Services requires a hypertise.comaccount. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your account and/or website. You are responsible for keeping your passwords secure.

1. hypertise.com.

• Your hypertise.com Account and Website. If you create a blog, website, use e-mail services or any other services on or through hypertise.com, you are responsible for maintaining the security of your account and website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You must immediately notify Hypertise of any unauthorised uses of your website, your account, or any other breaches of security. Hypertise will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
• Your Content. If you operate a website, upload, store, copy, distribute, download, install data or transmit information, text, images, videos, binary files, e-mails, or other content or data through the Services we provide, or otherwise make (or allow any third party to make) material available (any such material or data, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, emails, or code. By using hypertise.com, you represent and warrant that your Content and conduct do not violate these Terms or the Acceptable Use Policy. By submitting Content to Hypertise, you represent and warrant that you have all necessary rights to post or distribute such Content, and you grant Hypertise a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your website. This license allows Hypertise to make content available to third parties selected by Hypertise (such as CloudFlare Inc, a website performance and security service for example) so that these third parties can also distribute your content through their services. If you delete Content, Hypertise will use reasonable efforts to remove it from Hypertise or any other websites or servers managed by us, but you acknowledge that caching, archived backups or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Hypertise has the right (though not the obligation) to, in Hypertise’s sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in Hypertise’s reasonable opinion, violates any Hypertise policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of hypertise.com to any individual or entity for any reason. Hypertise will have no obligation to provide a refund of any amounts previously paid.
• Ecommerce. There are certain features that may be made available through Hypertise.com services, (for example a WordPress installation that may have the ability to use the ‘Woocommerce e-commerce shop’) that enable you to sell items (goods, content, services, etc.) on your website. You are solely responsible for all of your ecommerce activities, including your store, your items, its operation, all applicable taxes and fees, and compliance with any applicable laws. Among other things, this means that:
  • You should use your best judgment when setting up your store, operating your store, and selling items. For example, you may not want to accept cheque payments if you are not comfortable sharing your mailing address with a customer, or you may want to publish payment and return policies.
  • We are not involved in your relationships or transactions with any customer or potential customer.
  • You are responsible for resolving all support questions, comments, and complaints, including refunds, chargebacks, or pricing questions. You should provide contact information so that customers may contact you with questions or complaints.
  • You are responsible for delivering items sold to your customers, and for fulfilling all promises, representations, or warranties you make to them in connection with a sale.
  • You may choose to set up and/or use third party services, such as PayPal or Stripe to collect payment, or TaxJar for tax calculations. If you do so, be aware that some of your — and your customers’ — data may be passed to the respective third party, and the respective third party’s terms of service, privacy policy, and other policies may apply. We are not involved in these relationships. If you use any of those features, please note that some of these third party services (like TaxJar) may be enabled by default, but you may disable them before your store is set up. If you do not want to use these third party services, please disable them in online store settings.
  • You are responsible for all taxes and fees associated with your ecommerce activities. You must collect, report, and/or pay the correct amounts to the appropriate authorities, if applicable, and if needed, inform your customers about any taxes they may be required to pay and issue appropriate invoices. While your online store may allow you to include sales tax in transactions, you should not rely solely on this feature.
  • You must not violate our Acceptable Use Policy.
• HTTPS. We may offer free HTTPS on websites created through hypertise.com, including those using custom domains, via Let’s Encrypt, cPanel’s AutoSSL, or CloudFlare. By signing up and using a custom domain on hypertise.com, you authorise us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your site.
• Advertisements. Hypertise reserves the right to display advertisements on your website unless you have purchased an Ad-free Upgrade or a VIP Service account. This includes temporary or recurring subscriptions that may be offered at a discounted or Free rate, including but not limited to a “Student hosting plan” “Student incubator hosting” “Student Hosting Offer”.
• Attribution. Hypertise reserves the right to display attribution text or links in your site footer, attributing hypertise.com or any other person or entity, for example. This text may not be altered or removed. Attribution text or links may only be hidden if you are subscribed to the hypertise.com VIP service.
• Payment and Renewal.
  • General Terms. Web Hosting Services or optional paid services such as extra storage or domain purchases are available (any such services, a “Subscription” or “Upgrade” ). By selecting a Subscription you agree to pay Hypertise the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Subscription and will cover the use of that service for a monthly, quarterly, semi annual, or annual subscription period as indicated. You can read about our refund policy here and here.
  • Automatic Renewal. Unless you notify Hypertise before the end of the applicable subscription period that you want to cancel an Upgrade or Subscription, the applicable Subscription will automatically renew and you authorise us to collect the then-applicable subscription fee for such Upgrade (as well as any taxes where applicable) using any credit card or other payment mechanism we have on record for you. Upgrades or Subscriptions can be cancelled at any time in the “My Services” section of your hypertise.com Client Area.
  • “Free Lifetime Domain”, “Free domain for life”, “Lifetime domain”, “Free Domain Registration + Renewal offer”, “Free domain” (collectively, “Lifetime Domain Offer“) is an offering in which we will provide you with a domain name for the duration of your web hosting service with Hypertise. A Lifetime Domain Offer is only applicable where (i) you have an active paid web-hosting service with Hypertise associated with the domain, and (ii) you keep the associated web-hosting service active and (iii) your billing term for the associated web-hosting service covers a period of one year or more, (iv) your order is not considered to fraudulent in our sole discretion, and (v) a domain is registered at the same time a web hosting plan was ordered, and (vi) the domain is a .co.uk or .uk domain. Failure to renew the web-hosting service associated with the Lifetime Domain Offer will result in the cancellation of any Lifetime Domain Offer. Where the web-hosting service that is associated with the Lifetime Domain Offer is cancelled, we reserve the right to deduct up to £20 GBP from any amounts refunded. While using a Lifetime Domain Offer, you may not transfer the domain to another provider/domain name registrar while the associated web-hosting service is active. We reserve the right to stop, cancel, or withdraw a Lifetime Domain Offer at any time without any notice or compensation to you. We may do this in situations where in our sole discretion offering a lifetime domain offer is not economically feasible for us (this includes, but is not limited to, unplanned costs we may incur if a domain registry announces it will increase its renewal or registration costs).
  • Failure to renew any Subscription will result in the deletion, suspension, termination and/or removal of that Service. This means, if your website is hosted on our web hosting service, failure to renew your your hosting plan will mean your site will be taken offline.
  • “Price lock”, “Price-lock”, is a guarantee that your subscription renewal payments will not exceed the initial payment subscription rates, plus any rates of inflation that are applicable to the payment currency used. We reserve the right to charge any payment method stored on your account for any inflationary rates that has not been collected by us or paid by you between any interim payment periods.
• Hosting Account Transfers.
  • We offer a complementary hosting account migration service for new customers.
  • By requesting a transfer service, you agree to provide us with:
    •  A cPanel Move file (whole account backup) and you authorise Hypertise to integrate the backup files with an associated Hypertise hosting account. Alternatively, you may provide Hypertise with access details to your hosting account to gather the specified backup data- By doing so, you authorise Hypertise to login to your account with your prior hosting provider on your behalf  to request and download the cPanel Move File (whole account backup).
      • If your hosting provider does not use a cPanel hosting server, Hypertise will attempt to access the server on your behalf to migrate files, e-mail accounts and SQL databases.
    • Access details to the domain registrar of the domain name you signed up with to Hypertise if the domain name has not been registered directly through Hypertise. By providing us with these details, you authorise Hypertise to login to your account with the associated domain registrar to transfer the domain to the Hypertise platform (domain transfer). You agree to assist Hypertise with any additional steps we may require to assist with this process- for example, clicking on a domain transfer validation link sent via e-mail.
      • Alternatively, you may request for your name servers to be updated to point to the Hypertise platform- Doing so will allow you to continue managing your domain with your current domain registrar, however if you choose this option you will lose eligibility for any Hypertise lifetime domain offer (where applicable).
  • This service is provided “as is” without any guarantees as to if the transfered data, content or assets will be complete or current. It is your responsibility to ensure completedness of the transfer and to migrate any missing data that may not have been transferred. You agree to test the transferred data and the Hypertise service before cancelling your prior hosting account with your old hosting provider, with the understanding that cancelling your old hosting service will mean losing access to any data that may be stored on that service.
•  Partners.
  • “Partner program”, “Partner programme”, “Business Website Partners”, “Website Partners” (collectively “Business Partner Service“) refers to a information, consulting, and/or hosting service provided to eligible clients. Any information that is offered should be considered ‘as is’, without any warranty as to effectiveness. By joining any Business Partner Service you agree not to hold Hypertise liable for any loss of profits, reputation, or any other damages that may result from errors, omissions, and/or information obtained through the Business Partner Service. Additionally, you agree to consult with business, technical, legal, or financial advisers before undertaking any advice that may be offered as part of the Business Partner Service.
  • Partners that pay a subscription to any “VIP” services understand that the services offered through the Business Partner Service is a custom service, and as such any right to a pro-rated refund is waived. This term takes precedence over any other term listed in our refund policy.
    • VIP Services may include the provision of server(s) or other hosting services. You agree and understand that failure to renew a VIP subscription before or on its applicable due date will result in the termination of any such servers.
    • As a VIP customer on the Business Partner Service, you may be privy to confidential information. You may be required to sign a Non-Disclosure Agreement before associated services are carried out. In our sole discretion, if a Non-Disclosure Agreement is not signed by an authorised representative and we feel a Non-Disclosure Agreement is necessary to protect our business interests, intellectual property, or any other aspect of our company, we reserve the right to withold, cancel, and/or halt any obligations we may have as part of the Business Partner Service.

2. Responsibility of Visitors.

Hypertise has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Hypertise does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also host material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Hypertise disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

3. Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Hypertise links, and that link to Hypertise. Hypertise does not have any control over those non-hypertise.com websites, and is not responsible for their contents or their use. By linking to a non-hypertise.com website, Hypertise does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Hypertise disclaims any responsibility for any harm resulting from your use of non-Hypertise websites and webpages.

4. Third Party Services.

You may enable or purchase services, products, software (like scripts, themes or plugins), or applications developed by a third party or yourself (“Third Party Services”) on your site or through hypertise.com.

If you use any Third Party Services, you understand that:

• Third Party Services are not vetted, endorsed, or controlled by Hypertise.
• Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
• Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
• Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data. If you grant access, your data will handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
• Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
• If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.

In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.

5. Copyright Infringement Policy.

As Hypertise asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to or hosted by by hypertise.com violates your copyright, you are encouraged to notify Hypertise by contacting us. Hypertise will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Hypertise will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Hypertise or others. In the case of such termination, Hypertise will have no obligation to provide a refund of any amounts previously paid to Hypertise.

6. Intellectual Property.

This Agreement does not transfer from Hypertise to you any Hypertise or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Hypertise. Hypertise, Hypertise, hypertise.com, the Hypertise logo, and any or all other trademarks, service marks, graphics and logos used in connection with hypertise.com or our Services, are the intellectual property of Hypertise. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Hypertise or third-party trademarks.

7. Domain Names.

We act as a registrar and also work with third party registrars in order to provide our users with domain name services. When you register a custom domain name on Hypertise, or when you renew or transfer an existing domain name on Hypertise, you become bound by the relevant registrar’s terms and conditions, such as the NameCheap registration agreement, in addition to these Terms. These registrar terms are incorporated by reference into these Terms.

Further, your use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”). A summary of your rights and responsibilities as a domain name registrant under ICANN’s Registrar Accreditation Agreement can be found here. You can learn more about domain name registration generally here.

If you register a domain name with us, you purchase the right to use that domain name for a year. If you’d like to continue using it after the first year, you’ll need to renew it annually. Failure to renew your domain could mean losing access to that domain name- if the domain name is opened up again into the pool of available domains, someone else could take it- and you are not guaranteed to get it back in the future.

8. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material and significantly impact your existing services, we will let you know by posting on one of our websites, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

9. Termination.

Hypertise may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your hypertise.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination of the Services for any reason, your Content, your websites hosted by us, and other related data will be deleted. You should always maintain back-up copies of all Content and other data. Hypertise is not responsible for the loss of any Content. It is essential that you backup files offline, even if you purchase or have an Upgrade service, such as a paid backup option.

10. Fraud.

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, stolen PayPal accounts and/or electronic cheques. We may report all such misuses or fraudulent activity (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies where applicable. In the event of a chargeback, paypal dispute, or any fraud, we reserve the right to claim or control any domains registered through our service without any compensation to you. This includes, but is not limited to suspending the domain, moving the domain to a parking, landing, redirect, advertisement, or “Account Suspended” page. We further reserve the right to immediately terminate or revoke access to any of your Content made available through our Services.

11. Backups and Access to data.

By using our Services, you agree to create and maintain your own set of backups or data archives in relation to any or all Content you use or generate using our Services. While we may take our own backups, we cannot guarantee they will be available, complete or current and it is your sole responsibility to maintain your own offline backups that are stored in a location that is not associated with hypertise.com or Hypertise.

You acknowledge and accept that despite the security measures Hypertise takes in connection with the Services, Hypertise’s system, your Content and/or websites may nonetheless become compromised, including without limitation, by hackers, denial of service attacks, fraudsters, social engineering attacks, viruses, worms, or the like. Under such circumstances, Hypertise may take any corrective action that we may deem appropriate in our sole discretion and you acknowledge and agree that Hypertise shall have no liability to you for any damage or loss that you may incur due to such corrective action. You further acknowledge and agree that you are solely responsible for backing-up all Content in relation to your Hypertise account, your websites, and your web hosting services.

12. Account Capacity Limitations.

Free storage capacity upgrade:  Some of our offerings may refer to a free storage capacity upgrade. Where your hosting account has used its allocated disk space and you require more disk space for your account to grow, you may contact us to request a one-time provision of 1000 Megabytes to your shared webhosting service. As we may not be able to adjust disk space for VPS (Virtual Private Server) or any Dedicated Server, this offer does not apply to any VPS or Dedicated Server, and may only be claimed against offerings or hosting plans that we, in our sole discretion deem to be a “Shared Web Hosting” plan. Furthermore, provision of additional space may only be claimed once per person, and this limit applies for the entire lifetime of the service. Compliance with our Acceptable Use Policy and continued renewal of your shared webhosting service is required in order to use this additional allocated disk space. If this is insufficient for your needs, you may be charged for additional space requested beyond the free allocation of 1000 Megabytes.

Unmetered and Unlimited limits: Some of our offers may refer to “Unmetered” or “Unlimited” limits; This means we may not set an arbitrary limit on the amount of resources your files can use, with the understanding you will keep your resource utilisation to a minimum and your website complies with our Acceptable Use Policy. In order to ensure other customers can have reasonable access to computational resources from our web hosting platform, we reserve the right in our sole discretion to apply limitations to any web hosting service, even where a service offering had no arbitrary limits at the time of purchase, including any service offerings that had features listed as “Unmetered” or “Unlimited”.

Resource limits: Your Services may hosted on server(s) that is shared directly or indirectly with other customers, and as such we expressly reserve the right to review every user account for excessive usage of CPU, bandwidth, disk space and other server resources that may be a result of your violation of this Agreement or the Acceptable Use Policy. We may, in our sole discretion, terminate access to the Services, apply additional fees, or remove/delete Content for any accounts that are found to be in violation of Hypertise policies. We further reserve the right to limit processor time, bandwidth, processes, disk space or memory in situations where in our sole discretion it is necessary to prevent negatively impacting other customers, and/or to ensure other customers are able to utilise resources their websites might require; Such limitations may be applied to your account to protect our other customers even when an offer of a webhosting service had no arbitrary limit (such as a feature listed as “unmetered” or “unlimited”). You hereby agree that Hypertise shall have no liability due to any action that Hypertise may take, including without limitation suspension or termination of Services in connection with your violation of this section.

13. Disclaimer of Warranties.

Our Services are provided “as is.” Hypertise and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Hypertise nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

14. Jurisdiction and Applicable Law.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of England and Wales.

15. Dispute Agreement.

You have ninety (90) days to dispute any charge or payment processed by Hypertise. If you’re concerned about a charge you believe is incorrect, please contact us and we will investigate. You may talk to us by using the ‘contact us’ link at the bottom of this page. If you initiate a chargeback, there may be a minimum charge of £50.00 to reactivate your account and we reserve the right to suspend your account for the duration of the dispute. Hosting accounts that have an open dispute may be disabled for security purposes.

16. Limitation of Liability.

In no event will Hypertise, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Hypertise under this Agreement during the twelve (12) month period prior to the cause of action. Hypertise shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

17. General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with our Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

18. UK Economic Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable United Kingdom Sanctions. Such use is prohibited, and Hypertise reserve the right to terminate accounts or access of those in the event of a breach of this condition.

19. Indemnification.

You agree to indemnify and hold harmless Hypertise, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

20. Translation.

These Terms of Service were originally written in English. We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

21. Service Transfer.

In the event of a company transfer, merger, aquisition, reformation, and/or restructuring, your Hypertise account, profile, transaction/invoice history, and/or any associated Content or data may be transfered to a different entity. In such an event, we will send an e-mail and provide notice on our hypertise.com website with at least 72 hours notice. If you do not agree with the Service Transfer, you may cancel your service and receive a refund in line with our refund policy. No additional remedy or compensation will be provided if you do not consent to such a transfer.

22. Miscellaneous.

This Agreement constitutes the entire agreement between Hypertise and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of Hypertise, or by the posting by Hypertise of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Hypertise may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.