4.1 In consideration for the Services, We shall charge a Member Subscription Fee. Payment shall either be taken at the time you become a Member by credit card or, for corporate memberships, on payment of an invoice. Such payment to be within 30 days of the date of invoice (Due Date). If the Member Subscription Fee is not paid in full by the Due Date, We may, without limiting its further rights, charge interest at 5% a year above the NatWest Bank base rate applicable at that time. Such interest shall accrue on a daily basis from the Due Date until the actual date of payment.

4.2 We reserve the right to suspend or terminate your Membership at our sole discretion in the event that you fail to pay the Membership Subscription Fee.

4.3 Payment taken at the time you become a Member by credit card is processed by our payment partners. Payment is subject to our payment partner’s Terms and Conditions. We do not accept any responsibility or liability for these terms.

4.3 Payment taken at the time you become a Member by credit card is processed by our payment partners. Payment is subject to our payment partner’s Terms and Conditions. We do not accept any responsibility or liability for these terms.

4.4 The EX Space reserves the right to charge any associated fees from a payment provider or transaction fees that may apply if payment is being made from overseas.

4.5 Unless otherwise expressly provided in these Terms and Conditions, all amounts referred to in these Terms and Conditions, including the Member Subscription Fee, are exclusive of value added tax (VAT) or otherwise applicable sales taxes which, where chargeable by The EX Space, shall be payable by you at the rate and in the manner prescribed by law.

4.6 Whilst every effort has been made to ensure that all general descriptions of Services available from The EX Space correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.

4.7 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

4.8 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

5.1 The EX Space warrants that: (i) it shall use due care and follow highest professional standards while providing the Services; (ii) it has all necessary rights, authorisations and licences to provide the Services; (iii) it shall provide the Services in accordance with all applicable laws; and (iv) use of the Digital Assets shall not infringe or violate any, copyrights, trade secrets, licences or other proprietary rights of any third party. For the avoidance of doubt The EX Space explicitly does not warrant the accuracy or otherwise of any Member Content. The EX Space assumes no responsibility for any content displayed on behalf of other Members on the Website, including all Member Content and neither does The EX Space warrant the accuracy or suitability or assume any liability in respect of any applications.

5.2 The Member warrants that it shall (i) provide The EX Space with all necessary co-operation and access to all necessary information as may be reasonably required for US to provide the Services; (ii) not access, store, distribute or transmit any viruses; (iii) obtain any necessary consents necessary to receive the Services; (iv) not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Digital Assets in any form or media or by any means or attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Digital Assets; and (v) shall only use the Services in accordance with the terms of this Agreement.

6.1 Subject to the exceptions in Clauses 4.3 & 4.4 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The EX Space , our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

6.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

6.3 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

6.4 As a Member receiving the Services and save in relation to the licence granted in Clause 2.4, you agree to keep confidential all information provided as part of the Services for the period of the Subscription Term and for a period of 5 years following the expiry of the Subscription Term.

7.1 Both parties shall comply with their obligations under Data Protection Laws.

7.2 “Data Protection Laws” means applicable laws relating to: (i) data protection; (ii) privacy; and (iii) restrictions on, or requirements in respect to the processing of personal data of any kind, including the EU General Data Protection Regulation 2016/679. “Data Controller”, Data Processor”, “Data Subject”, Personal Data” and “Processing” shall have the same meanings as in the Data Protection Laws and shall be construed accordingly. Neither party shall do anything that would cause the other party to be in breach of its obligations under the Data Protection Laws. Each party shall comply with its obligations under applicable Data Protection Laws and maintain appropriate technical and organisational measures in respect to Personal Data to prevent the unauthorised access or unlawful processing of Personal Data and against accidental loss or destruction of or damage to Personal Data. Neither party shall process Personal Data in any country outside the UK or EU without the other party’s prior written consent and without entering into the appropriate documentation to ensure the safe transfer, processing and storage of any Personal Data.

The Member shall indemnify and hold harmless The EX Space, its directors or employees, against any and all actions, claims, costs, expenses, damages, fines, penalties and liabilities (including reasonable legal fees) arising out of or in connection with: (i) the Member’s use of the Digital Assets or the Services; (ii) a breach of Clause 5 or the Member’s obligations under Data Protection Laws or Clause 4.4 (Confidentiality); (iii) any acts or omissions of an Authorised User.

9.1 Subject to Clause 9.2 and to the extent permitted by law, (i) neither The EX Space, nor the Member shall have any liability to the other in connection with the Agreement (and for the avoidance of doubt including any indemnity liabilities) for any indirect, economic or consequential loss and damage, and (ii) the total liability of both The EX Space and the Member in connection with the Agreement for direct loss and damage, whether arising in tort (including negligence and strict liability), contract, any indemnity liability or otherwise, shall not exceed £1,000.

9.2 Notwithstanding the aforesaid, no limitation, exclusion or restriction of liability under this Agreement shall apply to any liability arising out of: (i) either party’s negligence, fraud, misrepresentation or wilful default; (ii) the Member’s indemnity obligations pursuant to Clauses 3.4 and 6.

10.1 We may suspend or terminate your Membership immediately at our sole discretion if you breach any term of this Agreement.

10.2 We may suspend or terminate your Membership immediately at our sole discretion if you (as an individual) or any of your officers or employees or associates (as a corporate entity) post Inappropriate Content as defined in Clause 3.1 or Unauthorised Advertisements as defined in Clause 3.4.

10.3 You may terminate your Membership during the Subscription Period, however, you will not be entitled to a refund.

10.4 Either party may terminate this Agreement with immediate effect by giving written notice to the other party if the other party commits a material breach of any other term of the Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of fourteen (14) days after being notified in writing to do so; (iii) a petition is filed, a notice is given, a resolution is passed, or an order is made for or in connection with the winding up of that party.

10.5 Membership shall run for the Subscription Period. Four (4) weeks before the end of each Subscription Period you shall be contacted to see if you wish to continue your Membership for a further 12 month term. At this point you shall have the option to terminate your Membership. If you do not choose to terminate your Membership it shall auto renew for a subsequent 12 month term. If you previously paid by credit card an automatic payment will be taken via payment partner. If you pay by invoice, we shall send you an invoice. Payment terms in Clause 4 apply.

11.1. Each party undertakes to the other that it will treat as confidential the terms of this Agreement together with all information whether of a technical nature or otherwise relating in any manner to the business or affairs of the other party, save only information which (a) is or becomes available to the public other than as a result of a breach of this Clause or (b) is or becomes available to the receiving party from other sources free of restriction as to its use or disclosure.

11.2. This Agreement contains the entire understanding and agreement of the parties relating to its subject matter and supersedes in all respects the terms attached to any PO issued to enable payment and any previous or other existing arrangements, agreements or understandings between the parties whether oral or written in relation to its subject matter.

11.3. Each party acknowledges that in entering into this Agreement it does not rely on, and irrevocably waives any right it has or may have in respect of, any representation which is not expressly set out in this Membership Agreement, and each party irrevocably and unconditionally waives any right or remedy it has or may have to rescind this Agreement or to claim damages for any misrepresentation not contained in this Agreement, provided that nothing in this Agreement will limit or exclude any liability for fraud. Each party agrees that the only remedy available to it for breach of this Agreement will be for breach of contract and no party will be liable in tort or otherwise in respect of such breach.

11.4. This Agreement is personal to the parties hereto and neither party will, without the prior consent in writing of the others (not to be unreasonably withheld, delayed or conditioned), assign, sub-license, charge, transfer or otherwise deal with the whole or any part of this Agreement or its rights or obligations in this Agreement or purport to do the same.

11.5. No variation or agreed termination of this Agreement will be effective unless made in writing and signed by or on behalf of each of the parties.

11.6. In the event that any provision or part of a provision of this Agreement is, or is held to be, illegal, invalid, unenforceable or against public policy pursuant to a final adjudication by a court of competent jurisdiction such provision will be severed here from and the remainder of this Agreement will be deemed in full force and effect.

11.7. No failure or delay by either party in exercising any right or remedy under this Agreement will operate as a waiver of that right or remedy, and no single or partial exercise by either party of any right or remedy will preclude any further exercise of that right or remedy or the exercise of any other right or remedy. No waiver or discharge of any breach will be effective unless made in writing and signed by the party giving the waiver. The rights and remedies provided in this Agreement are cumulative and are not exclusive of any rights and remedies provided in law or otherwise.

11.8. Neither party will be in breach of this Agreement nor bear any responsibility or liability for any losses arising out of any delay or failure in the performance of its obligations under this Agreement due to events beyond its reasonable control commonly referred to as events of force majeure PROVIDED THAT the defaulting party will promptly notify the other party of the nature and reasons for the delay or failure and will use its reasonable endeavours to mitigate the effects of any default as soon as possible. If any such force majeure event continues for a period of more than one month either party may terminate this Agreement by written notice to the other party without prejudice to the rights of the parties existing prior to such termination.

11.9. At its own expense each party will execute such documents and perform such acts as may reasonably be required for the purpose of giving full effect to this Agreement and the rights expressed to be granted under this Agreement.

11.10. Nothing in this Agreement creates or will be deemed to have created a partnership or a joint venture or an agency agreement between the parties. Neither party will do anything to bind the other to any contract or to pledge the credit of the other party or to bind it to any obligation, commitment or liability, nor will represent itself as able to do so.

11.11. A person who is not a party to this Agreement will have no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

11.12. Any notices sent under this Agreement must be in writing and may be served by personal delivery or by sending the notice by special delivery at the address given in this Agreement or at such other address as the relevant party may give for the purpose of service of notices under this Agreement and every such notice will be deemed to have been served upon delivery if served by hand or at the expiration of two days after despatch of the same if delivered by special delivery.

11.13. This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter, is governed by and will be construed in accordance with the law of England and Wales. The parties irrevocably agree that the High Court of England and Wales will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter.

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and The EX Space.

13.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to hello@theex.space. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

13.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

16.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

16.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

16.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

16.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

17.1 We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.