10. Termination
10.1
Without affecting any other right or remedy available to it, either party may terminate the Contract by giving the other party 28 days written notice.
(a) Any request to terminate the Contract by the Customer with less than 28 days' notice will be considered by the Supplier in exceptional circumstances only and at the absolute discretion of the Supplier.
10.2
Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 28 days of that party being notified in writing to do so;
(b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(c) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
(d) the other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
10.3
Without affecting any other right or remedy available to it, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if:
(a) the Customer fails to pay any amount due under the Contract on the due date for payment; or
(b) there is a change of control of the Customer.
10.4
Without affecting any other right or remedy available to it, the Supplier may suspend the supply of Services under the Contract or any other contract between the Customer and the Supplier if the Customer fails to pay any amount due under the Contract on the due date for payment, the Customer becomes subject to any of the events listed in Clause 10.2(b) to Clause 10.2(d), or the Supplier reasonably believes that the Customer is about to become subject to any of them.
10.5
The Consumer Contracts ( Information, Cancellation and Additional Charges) Regulations 2013 ( the "Consumer Regulations" ) will apply if the Customer is purchasing services from the Supplier as a Consumer. The following clauses will then apply
(a) The Customer is entitled to a 14 day "cooling off" period from the date of receipt of the Services by the Customer, during which time the Customer may return the Services for a full refund without giving any reason.
(b) If the Customer wishes to exercise their rights under the Consumer Regulations, they can do so by informing the Supplier in writing or by completing the model Cancellation Form. Any refund will be limited to the cost of the Services purchased. The Services must be returned to the Supplier within 14 working days of the date on which notification of cancellation of the Contract is given. Any shipping costs in returning the services will be borne by the Customer.
The Services must be returned undamaged and unused. By using any log-on provided for any on-line products or services, the customer acknowledges that they have used the product/service & lose their right to cancel.
(c) The Supplier will issue a refund to the Customer within 14 days of receipt of the return of the Services. The Supplier reserves the right not to issue a refund if upon receipt the Services are used or damaged.
(d) In respect of Services purchased within the European Economic Area, the right to cancel does not extend to any un-sealed audio or video recordings, computer software/files, personalised Services made to the Customers specification, perishable services and any copyright protected training materials including Digital Download Projects.
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