Terms of Service

1.1 About us: "We", "us" or "our" means That Was Easy, a trading name of How About Group Ltd.

1.2 These General Terms: These General Terms govern your submission of an order to us for our provision of services to you through the www.thatwaseasy.io website (the "Website"), and your registration for an account on the Website by which you will be able to administer those services that you receive. By submitting your details to us for registration for an account on the Website, you agree to be legally bound by these General Terms and the relevant Schedules (as defined below).

1.3 The Schedules: Specific terms for our provision of particular services to you are set out here, in the form of Schedules (as defined below). If you submit an order for specific services, you agree to be legally bound by the relevant Schedules (as defined below) as well as these General Terms.

1.4 Changes to the Terms and Conditions: We reserve the right to amend the Terms and Conditions (as defined below) at any time. All amendments to the Terms and Conditions will be posted on the Website and emailed to you. If you do not like the changes we make, you can terminate this Agreement – please see Clause 13.2.1 for more information. Continued use of the Services will, however, be deemed to constitute acceptance of the new Terms and Conditions. No other terms or changes to the Terms and Conditions will be binding unless agreed in writing signed by us.

1.5 Definitions and interpretation: In this Agreement:

1.5.2 references to "Clauses" are to clauses of these General Terms;

1.5.3 references to "Paragraphs" are to paragraphs in a Schedule;

1.5.4 the headings are inserted for convenience only and shall not affect the interpretation or construction of these General Terms or any Schedule;

1.5.5 words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include the other gender and the neutral, and references to persons shall include an individual, company, corporation, firm or partnership;

1.5.6 reference to "written" or in "writing" includes the electronic form;

1.5.7 references to "includes", "including", "in particular" or "for example" or like words shall be deemed to be followed by the words "without limitation"; and

1.5.8 references to any statute or statutory provision shall include any subordinate legislation made under it, any provision which it has modified or re-enacted (whether with or without modification) and any provision which subsequently supersedes it or re-enacts it (whether with or without modification).

By registering for an Account and submitting an Order, you warrant that you are at least 18 years of age.

3.1 Application of these General Terms: These General Terms shall apply to all Orders and to all Agreements. When you submit an Order to us, this shall always constitute your unqualified acceptance of these General Terms and the relevant Schedules. If you are a Consumer, nothing in this Agreement affects your statutory rights.

3.2 Any other terms: This Agreement shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing or orally, are expressly waived and excluded.

3.3 Entire Agreement (if you are a Business Customer): If you are a Business Customer, these General Terms, the Order Acceptance, the relevant Schedules, our Privacy Policy and Terms of Use constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these General Terms, the Order, the relevant Schedules, our Privacy Policy and Terms of Use.

3.4 Authority (if you are a Business Customer): You confirm that you have authority to bind any business on whose behalf you use the Website to submit an Order.

3.5 Conflict: In the event of any conflict between the provisions of these General Terms and the provisions of the Schedules and the Order Acceptance, then the following order of precedence shall apply:

4.1 Need for an Account: If you would like to place an Order through the Website, you will need to register for an account on the Website which you will be able to access through the "My Account" part of the Website, and by which you will be able to change the details that we hold about you and administrate the Services that we provide to you ("Account"). You may browse the Website without registering for an Account, but, to submit an Order, you must register for an Account.

4.2 If you have an Account: If you already have an Account, you can login to your Account to submit an Order.

4.3 If you do not have an Account: If you do not have an Account, to submit an Order you will need to register for an Account. To register, you need to supply us with your name, address, email address, a password and possibly some other personal information. See our Privacy Policy for more details about this. You can provide us with that information by filling in the necessary information on the Website manually where indicated and then following the instructions on the Website.

4.4 Registering for an Account: Once you register for an Account, you will be asked to create a username and password for your Account. You may change this password by accessing your Account and following the instructions. You must keep the password confidential and immediately notify us if there is any unauthorised use of your email address or your Account or any breach of security otherwise known to you. You acknowledge that any person to whom your username or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) your Account. Please note that you will be entirely responsible if you do not maintain the confidentiality of your password.

4.5 Valid email address: You must be registered for an Account with a valid email address that you access regularly, so that, amongst other things, we can send administration and information emails to you. Any Account registered with another person's email address or with a temporary email address may be closed by us without notice. We may also require you to validate your Account at registration or if we believe that you have been using an invalid email address.

4.6 Rejection: We reserve the right to reject any registration for an Account and to refuse use of or access to the Website to anyone for any reason, at our absolute discretion.

5.1 Registration: Once you have registered for an Account, you will be able to place an Order.

5.2 Selection of Services: By following the instructions on the Website, you will be able to select those Services in relation to which you would like to submit an Order.

5.3 Confirming your Order: Before submitting an Order, you will be shown a webpage listing the Services you have selected together with the Fees payable for those Services. You will be given an opportunity to correct any errors in your selections prior to submitting your Order. Unless otherwise stipulated on the Website or agreed in writing by us, all Fees are payable in the currency then in force in England (i.e. currently pounds sterling).

5.4 Payment of Fees: The Fees are payable by you in advance at the intervals specified in the Order Acceptance in respect of the Services you will be receiving, and you will pay the first tranche of Fees to us in advance at the time that you submit your Order. You must pay the Fees by debit or credit card (processed by Stripe) or by PayPal only; you must have a valid debit or credit card, or an account with PayPal, in order to submit an Order, and you must agree to Stripe's or PayPal's (as appropriate) terms and conditions in order to make payment. We shall not be bound to supply any Services to you until we have received the necessary cleared funds in full.

5.5 Having sufficient funds: Stripe or PayPal will ask you to provide details of a payment card or account, and you must be fully entitled to use that card or account. That card or account must have sufficient funds to cover the payment(s) to be made to us.

5.6 Subject to these General Terms and the Schedules: When you submit an Order to the Website, you agree that you do so subject to these General Terms and the relevant Schedules current as at the date on which you submit your Order. It is your responsibility to review the latest General Terms and the relevant Schedules each time you submit an Order.

5.7 Order is an offer only: Your Order is an offer to purchase Services from us, and it remains an offer until we issue our Order Acceptance or when we receive your notice that you would like to cancel your Order, whichever is earlier.

5.8 Accepting your Order: We shall not be obliged to provide any Services to you until we have accepted your Order for those Services. We may refuse to accept your Order for any reason (at our absolute discretion). Any Order Acknowledgement that we send to you, whether by email, letter or by any other media, is for your information only and is not an Order Acceptance. An Order Acknowledgement may contain an Order number and details of your Order. This Agreement will be formed when we accept your Order and become legally bound to provide the Services to you. Such acceptance takes place when we expressly accept your Order by sending you an Order Acceptance, whether by email, letter or any other media, which shall state that we are accepting your Order. An Order Acceptance shall take effect when it has been sent to you by us.

5.9 Invoicing: We may send you an invoice at any time after we have sent you an Order Acceptance.

5.10 Cancelling before acceptance: Until we have sent you an Order Acceptance, we reserve the right to refuse to process your Order, and you reserve the right to cancel your Order. If we or you cancel your Order before we have sent you an Order Acceptance, then we will arrange for you to be refunded any Fees that you have already paid in respect of that Order.

5.11 Mistakes in your Order: If, after submitting your Order, you realise that you have made a mistake in your Order, please contact us as soon as possible using the support ticketing system available through your Account or by email to help@thatwaseasy.io.

5.12 Free Trials: A claim for a Free Trial is not an Order, and our confirmation that we have activated a Free Trial for you is not an Order Acceptance. Free Trials are dealt with separately in Clause 25.

6.1 Activation: When we send you an Order Acceptance, we will activate the Services that are the subject of your Order. We inform you of such activation in the Order Acceptance.

6.2 Term: Following the date of the Order Acceptance, this Agreement will continue in force until otherwise terminated in accordance with this Agreement.

6.3 Services: We shall provide to you the Services that are set out in the Order Acceptance that are the subject of this Agreement. We warrant that:

6.4 No warranty: We do not warrant that the Services will meet your individual requirements. We are not responsible for any people, equipment, deliverables or services that we are not expressly stipulated to provide in this Agreement. You are responsible for any people, equipment, deliverables and services that you need to obtain from someone other than us. Except for any matter in relation to which we specifically agree in writing to advise or do, we shall not be responsible, or have any Liability (subject to Clause 18.3 or Clause 19.3 (as applicable)) for advising on, or failing to advise on, or doing, or failing to do, anything else.

6.5 "Unlimited" features: Where we say, in this Agreement or on the Website generally, that features of the Services are "unlimited", that is always subject to:

6.6 No guarantee: We do not warrant that the Services (including any access to your Account) will be uninterrupted, error-free or secure from unauthorised access, or that they will meet your individual requirements. Whilst we use our reasonable endeavours to make the Services available, we shall not have any Liability (subject to Clause 18.3 or Clause 19.3 (as applicable)) if for any reason the Services are unavailable for any time or for any period. We make no warranty that your access to the Services will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. However, we will use our reasonable endeavours to ensure at least a 99.9% uptime Services availability level.

6.7 Improvements: We reserve the right, at any time, to carry out repairs, maintenance or introduce new facilities and functions in respect of all or any part of the Services. If you do not like the changes we make, you may terminate this Agreement in accordance with Clause 13.2.1.

6.8 Monitoring: We will monitor our provision of the Services using our own monitoring tools. We will only rely on our own monitoring tools to assess the performance of the Services, and we will not consider or accept any results, reports or data from your monitoring tools in relation to the Services.

6.9 Timescales: We shall use our reasonable endeavours to perform our obligations under this Agreement within any timescales set out in this Agreement. However (subject to Clause 18.3 or Clause 19.3 (as applicable)), we shall not have any Liability for any delays or failures to accurately perform our obligations:

If there is any slippage in time, we shall use our reasonable endeavours to reschedule delayed tasks to a mutually convenient time.

6.10 Our responsibility: Except as specifically stipulated in this Agreement, we shall not be responsible for providing or achieving any particular results or outcomes or within a particular time.

6.11 Exclusions: Except where expressly stated in this Agreement, we exclude all conditions, warranties, terms and obligations, whether express or implied by statute, common law or otherwise, to the fullest extent permitted by law in respect of the Services.

6.12 Our access: Where necessary, we may need to access your Services and Material, and you acknowledge that we may make such access without informing you (subject always to Data Protection Laws, Clause 11 and our Privacy Policy).

6.13 No warranty as to compatibility: We do not warrant that the Services will be compatible with all Material.

6.14 Third party access: You acknowledge that the servers used in the provision of the Services, and the Game Servers running on them, may be accessible to all users of the Internet. We do not and cannot make any guarantee as to, and (subject to Clause 18.3 or Clause 19.3 (as applicable)) we shall not have any Liability in respect of, the protection or security of any information held on the servers.

6.15 Games, mods and plugins: We may make particular games, game versions, mods, plugins, add-ons and control panel features available to you, or withdraw them, at our absolute discretion, including where a third party ceases to support or licence them to us, where they are no longer compatible with the Services, or where their continued use would breach any Game Publisher Terms. We do not warrant that any particular game, game version, mod, plugin or add-on will be or remain available, or that a Game Server will remain compatible with any Material following a game or software update. If you do not like the changes we make, you may terminate this Agreement in accordance with Clause 13.2.1.

6.16 Servers: Subject to Clause 11.4.4, we may, at our absolute discretion, from time to time either host the Services (and any Material) on our own servers or use third party suppliers to do so in whole or in part. You acknowledge that we may from time to time without prior notice and without the need for prior agreement:

7.1 Correct information: You must only submit to us or the Website information (whether Material, contact details or otherwise) which is accurate and not misleading and you must keep it up-to-date and inform us of any changes.

7.2 Your responsibilities: You must:

7.3 Restrictions: You must not, whether yourself or in conjunction with anyone else:

7.4 Warranty as to Material: You warrant that any Material is owned by you. It is your responsibility to make sure that you have all necessary rights and consents relating to your use of the Material in conjunction with the Services.

7.5 Backups: You are responsible for keeping regular and full backups of all Material, unless we have agreed to provide specific backup services in accordance with a Schedule. Subject to Clause 18.3 or Clause 19.3 (as applicable), we shall have no Liability for any failure by you to backup any Material. If any Material is lost or corrupted for any reason and you do not have an appropriate backup, we will not be able to help you recover that lost or corrupted Material except to the extent that you subscribe for specific backup services in accordance with a Schedule.

7.6 Indemnity as to Material: If you are a Business Customer, you shall indemnify and hold us harmless against all liabilities, costs, expenses, damages and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach by you of Clauses 7.1, 7.2, 7.3, 7.4 or 7.5. This indemnity shall apply whether or not you have been negligent or at fault.

7.7 Insurance: You are responsible to ensure that you have in place insurance in relation to any Material, including in relation to the loss or corruption of that Material.

7.8 Data warehousing (or similar): You acknowledge that the Services and any Material may not be used for the purpose of data warehousing such as (but not limited to) storage of backup or archival data, mirror sites, or personal multimedia content such as movies, music, photos or other media.

7.9 Excess usage: We monitor use of the Services and, if we consider that, for example, your use of the Services (for example, your mailboxes, disc space usage or CPU) is excessive, we reserve the right to:

7.10 Peer-to-peer media sharing or streaming: You acknowledge that the Services and any Material may not be used for the purpose of peer-to-peer file or media sharing, streaming, BitTorrent, Tor or other similar forms of data transmission.

7.11 Content delivery networks: You acknowledge that the Services and any Material may not be used for the purpose of providing or participating in a content delivery network.

7.12 Suspension of the Services: We reserve the right to suspend our provision of the Services to you if your use of the Services is having a detrimental impact on our other customers. This might happen if, for example, your Game Server:

In all of these examples, your Game Server might use excessive resource on our servers to the detriment of our other customers' use of the Services. Following the decision to suspend any Services, we will contact you with details of the suspension and invite you to remedy the situation if appropriate, or – for example in the case of a denial-of-service attack – when we will next review the situation. In such a situation, you are able to discuss what may be required for the Services to be reinstated by contacting us through the support ticketing system available through your Account or, if your Account is not available for any reason, by email to help@thatwaseasy.io.

7.13 Games, mods and your player community: In addition to your obligations under Clauses 7.1 to 7.12, you must:

7.14 Removal of Material: We reserve the right, and have absolute discretion, but not an obligation, to remove, screen or edit any content (including Material) that breaches this Agreement or is otherwise objectionable. Without prejudice to any other provision of this Agreement, we reserve the right to immediately remove any Material to which we object and/or if you are otherwise making inappropriate use of the Services contrary to the requirements of this Agreement.

8.1 What we provide: We shall use our reasonable endeavours to correct any errors or omissions in the Services as soon as practicable during Business Hours on Business Days after receiving full and clear information on them. However, since we do not guarantee that the Services will be free from faults, we shall provide support accessed by means of a ticketing system available through your Account for you to use for us to deal with any faults and also for answering queries ("Support Services"). We shall use our reasonable endeavours to respond to a request for Support Services within a reasonable time, but we cannot guarantee any particular result or outcome nor within any particular time. In particular, without limitation, we may need to obtain support in turn from a third party that assists us with the provision of the Support Services.

8.2 Exclusions: The following are expressly excluded from the Support Services:

We may provide any of the excluded services listed in this Clause 8.2 as part of the Support Services at our absolute discretion. Subject to Clause 18.3 or Clause 19.3 (as applicable), we will not have any Liability for our provision of any of those excluded services to you.

8.3 Charges: We provide the Support Services with every Agreement as an inclusive part of the Services, at no extra charge.

9.1 Third parties: Where the Services involve the resale by us to you of software owned, or services/products provided, by a third party, you purchase a licence to use that software and those services/products from the relevant third party, and you do so subject to the relevant third party's software licence and/or terms and conditions, which will be made available to you on the Website; you will be directed to them on the relevant Services webpage, on our Terms and Conditions webpage and, in some instances, in a Schedule. You will receive no representations or warranties in respect of the license of such software and provision of services/products except those contained in the relevant third party's licence and/or terms and conditions, and you acknowledge that the third party is able to terminate any licence and/or provision of services/products at any time.

9.2 Cost: The Fees for your purchase of a licence to third party software and/or third party services/products are dependent on the relevant third party. Any Fees set out in the Order are estimated only, and the actual amount you pay for the licence and/or the services/products is at the absolute discretion of the third party.

9.3 Support: We may provide Support Services in respect of third party software and services/products purchased through the Services. Whether we are able to provide those Support Services is dependent on the relevant third party providing appropriate support to us.

9.4 Liability: Subject to Clause 18.3 or Clause 19.3 (as applicable), we will not have any Liability for the actions of third party software and service/product providers, the software they licence, and/or services/products they provide, to you through the Services, or the availability (or otherwise) of support in respect of that software and those services/products.

9.5 Games, mods and add-ons: Games, game server software, mods, plugins and add-ons made available through the Services are licensed to you by the relevant publisher, developer or rights holder, and not by us, and your use of them is subject to the applicable Game Publisher Terms. We give no representation or warranty in respect of them. If a publisher, developer or rights holder withdraws or suspends any game, software, mod, plugin or add-on, changes the terms on which it is made available, or requires us to cease making it available, we may cease to make it available to you immediately and without notice, and Clause 6.15 shall apply.

10.1 Invoicing and payment: Fees will be payable by you monthly in advance, and we will invoice you monthly for the Fees payable.

10.2 Late payment: We will send you a reminder for payment following our sending of an invoice to you. However, if you have not paid any invoice within 14 days of us having sent that reminder to you, we will cancel this Agreement, and cease to provide the Services, without notice to you. It is your responsibility to make sure that any payment details you have provided to Stripe or PayPal and the contact details you have provided to us via your Account are correct and up-to-date at all times.

10.3 Increase in Fees: We may increase any Fees at any time on notice to you of three days, with the increase taking effect from the next payment date for the Fees in accordance with Clause 10.1. If you do not accept the increase, you have the right to cancel this Agreement in accordance with Clause 13.2.1.

10.4 VAT: The price of the Services listed on the Website excludes VAT, however you will be charged VAT at the applicable current rate chargeable in the country associated with your Account in the case of the UK and countries in the European Union. If there is any doubt as to the applicable current rate associated with your Account, then you will be charged at the applicable current rate of the UK. If your use of the Services is for business purposes and your business is located in a country in the European Union that is not in the UK, it is your responsibility to assess and submit VAT to the appropriate authority. In the case of your business being located in a country in the European Union that is not in the UK then if you do not submit a valid VAT number as part of your Account then you will be charged VAT.

10.5 Free Trials: No Fees are payable in respect of a Free Trial, and this Clause 10 does not apply to a Free Trial. See Clause 25.5.

11.1 Data Controller and Data Processor: The Parties acknowledge that, for the purposes of Data Protection Laws, we are an independent Data Controller with respect to the processing of billing, utilisation, usage/patterns/counts/statistics, traffic data and other account related information related to you (to the extent it is Personal Data) which is necessary for us to perform our obligations under the Agreement, or with respect to any Personal Data held for general business purposes. To the extent that we Process Personal Data on your behalf under this Agreement, the Parties acknowledge that, for the purposes of Data Protection Laws, you are the Data Controller and we are the Data Processor of any Personal Data. The nature and purpose of Processing is set out in our Privacy Policy, as may be updated by us from time to time at our reasonable discretion.

11.2 Registrations and notifications: Each Party confirms that it holds, and during the term of this Agreement will maintain, all registrations and notifications required in terms of the Data Protection Laws which are appropriate to its performance of the obligations under this Agreement.

11.3 Legal compliance: Each Party confirms that, in the performance of this Agreement, it will comply with Data Protection Laws.

11.4 Our obligations: We will:

11.5 Notification of Personal Data Breaches: Each Party will notify the other Party as soon as is reasonably practicable if it becomes aware of a Personal Data Breach relating to either Party's obligations under this Agreement.

11.6 Impact assessments: You shall undertake appropriate data protection impact assessments to ensure that Processing of Personal Data complies with Data Protection Laws. We will provide you with reasonable assistance, where necessary and upon your request, in carrying out any data protection impact assessment and undertaking any necessary prior consultation of the Supervisory Authority.

11.7 Data protection principles: It is your responsibility to ensure that Personal Data is dealt with in a way that is compliant with Article 5(1) of the GDPR.

11.8 Your obligations: You shall ensure that:

11.9 Our responsibility for compliance: In the event that we:

11.10 Indemnity: If you are a Business Customer, you agree to indemnify us, and keep us indemnified and defend us at your own expense, against all costs, claims, damages or expenses incurred by us or for which we may become liable, due to any failure by you or your employees or agents to comply with this Clause 11.

11.11 Privacy Policy and Cookies Policy: Please see our Privacy Policy which forms part of these General Terms.

11.12 Subcontractors for Processing: You authorise our engagement of third parties as subcontractors for the purposes of Processing; in the event that we contract with such subcontractors in accordance with the requirements of Data Protection Laws, your entry into this Agreement will constitute your prior written consent to that subcontracting by us in respect of the relevant Processing.

11.13 New subcontractors for Processing: In the event that we engage any new subcontractor for the purposes of Processing during the term of this Agreement, we will inform you at least 1 month in advance of the engagement commencing, together with relevant information relating to that subcontractor and its operations. You may object to that engagement by contacting us, and, as your sole and exclusive remedy for such engagement, terminate this Agreement in accordance with Clause 13.2.

12.1 What we own: You acknowledge that we own:

12.2 What you own: We acknowledge that you own all Intellectual Property Rights in the Material, where your ownership is subject to the obligations contained in this Agreement and, in particular, Clause 7. You grant to us a non-exclusive licence to use that Material to the extent necessary for us to provide the Services to you.

13.1 You can always end this Agreement: If you are a Consumer and, in some cases, if you are a Business Customer, your rights when you end this Agreement (or cancel any Service) will depend on what Services you have purchased from us, whether there is anything wrong with the Services, how we are performing and when you decide to end this Agreement (or cancel any Service):

13.2 Ending this Agreement because of something we have done or are going to do: If you are ending this Agreement (or cancelling any Service) for a reason set out in Clauses 13.2.1 to 13.2.5, this Agreement (or that Service) will end immediately and we will refund you in full for the Services which have not been provided and you may also be entitled to compensation. The reasons are:

13.3 Exercising your right to change your mind if you are a Consumer (Consumer Contracts Regulations 2013): If you are a Consumer, you have 14 days after the day we email the Order Acceptance to you to change your mind under the Consumer Contracts Regulations 2013; however, we give you more than that, and whether you are a Business Customer or a Consumer, we give you 30 days from the day we email you the Order Acceptance in order to cancel this Agreement and receive a full refund of any amounts you have paid to us in respect of that Order Acceptance. Please note that you do not have a right to change your mind in respect of the Services listed in Clause 17.3.

13.4 Ending this Agreement where we are not at fault and there is no right to change your mind: If you do not have any other rights to end this Agreement (see Clause 13.1), you can still contact us and tell us you want to end it, or cancel any Service. This Agreement (or the relevant Service) will not end until the end of the then current calendar month in which you notify us that you want to end this Agreement (or the relevant Service). We will not refund any advance payment you have made for Services which will not be provided to you except to the extent required by law or otherwise agreed to by you.

14.1 Tell us you want to end this Agreement: To end this Agreement, or any Service, please let us know by doing one of the following:

14.2 How we will refund you: We will refund you any amounts owing to you for the Services by the method you used for payment.

14.3 When your refund will be made: We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

14.4 Applicability of this Clause 14: This Clause 14 shall not apply to you if you are a Business Customer.

15.1 Termination by us on notice: We may terminate this Agreement, or any Service, at any time by giving to you not less than five Business Days' notice. In the event that we terminate this Agreement, or any Service, under this Clause 15.1, we will refund to you the Fees that you have paid to us on a pro-rata basis for the period from the date of termination to the date in relation to which you have paid the Fees in advance.

15.2 We may end this Agreement if you break it: We may end this Agreement, or any Service, at any time by writing to you if you:

15.3 Event Outside Our Control: We may terminate this Agreement in accordance with Clause 21.4.

15.4 You must compensate us if you break this Agreement: If we end this Agreement or any Service in the situations set out in Clause 15.2, we will refund any money you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking this Agreement.

16.1 How to tell us about problems: If you have any questions or complaints about the Services, please contact us using the support ticketing system available through your Account, or by email to help@thatwaseasy.io.

16.2 Summary of your legal rights: We are under a legal duty to supply Services that are in conformity with this Agreement. If you are a Consumer, see the box below for a summary of your key legal rights in relation to the Services. Nothing in this Agreement will affect your legal rights if you are a Consumer. The box below does not apply if you are a Business Customer.

17.1 On termination: In the event that this Agreement (or any Service) is cancelled or terminated:

17.2 Post-termination: Termination of this Agreement shall not affect the coming into force, or continuance in force, of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.

17.3 Cancellation within 30 days: You may cancel any of the Services at any time within 30 days of having received the Order Acceptance and receive a full refund of any amounts you have paid to us in respect of that Order Acceptance. Such a right will not apply to:

17.4 Third party licence fees: Please note that any fees that you pay to us in respect of a third party game, software, licence or service that has been issued or activated for you are not refundable, and that licence or service will remain in force for the duration of its term. Once that term has expired, unless you have renewed it, the licence or service will expire.

17.5 Connection subdomains: On cancellation or termination of this Agreement or any Service (including on expiry of a Free Trial), any free connection subdomain allocated to you will cease to operate and may be reallocated by us. See Clause 26.

18.1 Applicability of this Clause 18: This Clause 18 shall not apply to you if you are a Business Customer.

18.2 If you are a Consumer: If you are a Consumer, nothing in this Agreement (including this Clause 18) affects or limits your statutory rights (including, without limitation, the right to insist that the Services shall be provided to you using reasonable skill and care).

18.3 What we do not exclude Liability for: We shall not exclude or limit our Liability for:

18.4 What we are responsible for: If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Agreement.

18.5 Consumers only: We only provide the Services to you, as a Consumer, for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and, subject to Clause 18.3, we shall have no Liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

19.1 Applicability of this Clause 19: This Clause 19 shall not apply to you if you are a Consumer. This Clause 19 applies only if you are a Business Customer.

19.2 What this limitation applies to: This Clause 19 prevails over all of this Agreement and sets forth our entire Liability, and your sole and exclusive remedies, in respect of:

19.3 What this limitation does not apply to: We shall not exclude or limit our Liability for:

19.4 Breach of Duty excluded: Subject to Clause 19.3, we do not accept and hereby exclude any Liability for Breach of Duty other than any Liability arising pursuant to the terms of this Agreement.

19.5 What else we are not liable for: Subject to Clause 19.3, we shall not have any Liability in respect of any:

whether or not such losses were reasonably foreseeable or we or our agents or contractors had been advised of the possibility of such losses being incurred. For the avoidance of doubt, Clauses 19.5.2 to 19.5.14 (inclusive) apply whether such losses are direct, indirect, consequential or otherwise.

19.6 Your acknowledgement: You acknowledge and accept that we only provide the Services to you on the express condition that we will not be responsible for, nor shall we have any Liability (subject to Clause 19.3) directly or indirectly for any act or omission of you or any third party.

20.1 Termination: This Clause 20 does not apply to termination or cancellation of this Agreement or any Services, which is dealt with elsewhere in these General Terms.

20.2 Giving a notice: Subject to Clause 20.1, any notice given to either us or you by the other under or in connection with this Agreement shall be in writing, addressed (as applicable) to us at our registered office or addressed to you at such address as you may have specified to us from time to time, and shall be delivered personally, sent by pre-paid first class post, recorded delivery or commercial courier.

20.3 When a notice is considered delivered: A notice shall be deemed to have been received: if delivered personally, when left at the address referred to in Clause 20.1; if sent by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; and, if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed.

21.1 No Liability: Subject to Clause 18.3 or Clause 19.3 (as applicable), we will not have any Liability or be responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control.

21.2 Meaning of an Event Outside Our Control: An "Event Outside Our Control" means any act or event beyond our reasonable control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

21.3 What happens following an Event Outside Our Control: If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:

21.4 Cancellation following an Event Outside Our Control: You may cancel this Agreement if an Event Outside Our Control takes place and you no longer wish to make use of the Services. Please see your cancellation rights under Clause 17. We will only cancel this Agreement if the Event Outside Our Control continues for longer than four weeks, in which case such cancellation shall have immediate effect.

We shall keep a record of your Order and this Agreement until six years after you submit your Order to us through the Website. However, for your reference in future, we recommend that you print and keep a copy of this Agreement, your Order, the Order Acknowledgement and the Order Acceptance.

We value your satisfaction with the Website and the Services. If you have a complaint, you should contact us by means of the Support Services, or by email to help@thatwaseasy.io. We will try to address any such complaints you may have as soon as reasonably possible. If you feel that your complaint was not addressed to your satisfaction, then you may escalate your complaint by means of a notice (see Clause 20). Upon receipt of such notice, your complaint will be assessed by a company director and a full response will be made within 15 Business Days.

24.1 Third party rights: A person who is not us or you shall not have any rights under or in connection with this Agreement.

24.2 Transfer by you: This Agreement is personal to you. You may not assign, transfer, charge or otherwise encumber, create any trust over, or deal in any manner with, this Agreement or any right, benefit or interest under it, nor transfer, novate or sub-contract any of your obligations under it, without our prior written consent (such consent not to be unreasonably withheld or delayed).

24.3 Transfer by us: We may transfer our rights and obligations under this Agreement to another organisation, and we will always inform you if that happens, but this will not affect your rights or our obligations under this Agreement.

24.4 Waiver: If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

24.5 Severance: Each of the provisions of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.

24.6 No partnership: Nothing in this Agreement shall constitute a partnership or employment or agency relationship between us and you.

24.7 Governing law: This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

24.8 Jurisdiction (if you are a Consumer): If you are a Consumer, you submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation, except where, by law, such dispute or claim must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction. This Clause 24.8 shall not apply if you are a Business Customer.

24.9 Jurisdiction (if you are a Business Customer): If you are a Business Customer, you submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation. This Clause 24.9 shall not apply if you are a Consumer.

24.10 Alternative dispute resolution: Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a Consumer and you are not happy with how we have handled any complaint, you may be able to refer your complaint to an alternative dispute resolution provider. We have not committed to, and are not obliged to participate in, any particular alternative dispute resolution scheme, but we will tell you whether we are willing to do so in respect of your complaint. Nothing in this Clause 24.10 affects your right to bring proceedings in accordance with Clause 24.8 or Clause 24.9.

25.1 What the Free Trial is: From time to time we offer a free, time-limited Game Server to eligible new customers, which may be claimed through the Website (the "Free Trial"). The Free Trial is provided subject to these General Terms, as modified by this Clause 25. In the event of any conflict between this Clause 25 and any other provision of these General Terms, this Clause 25 shall prevail in respect of the Free Trial only.

25.2 Eligibility – new customers only: The Free Trial is available to new customers only. You are eligible for a Free Trial only if:

Only one Free Trial may be claimed per person, household, address, payment method and Internet connection. If you are a Business Customer, only one Free Trial may be claimed per business and per group of companies.

25.3 Claiming a Free Trial and our review: A Free Trial may only be claimed by completing the Free Trial claim process on the Website. Because of the potential for abuse of free services, every claim is reviewed by us before any Free Trial is activated. That review may take as long as we require, and we may, at our absolute discretion:

You have no right to a Free Trial, and no Free Trial is provided to you, until we have confirmed to you in writing that it has been activated. In accordance with Clause 5.12, a claim for a Free Trial is not an Order and our confirmation is not an Order Acceptance.

25.4 Duration: A Free Trial runs for 72 hours from the time at which we activate it (the "Trial Period"). At the end of the Trial Period the Free Trial expires and terminates automatically, without notice and without any further action being required by you or by us, and we will cease to provide the relevant Services to you. Free Trials may not be renewed, extended, paused, stacked, combined or transferred, except where we agree otherwise in writing at our absolute discretion.

25.5 No Fees and no payment details: No Fees are payable by you in respect of a Free Trial, and you are not required to provide debit or credit card details, PayPal details or any other payment details in order to claim one. A Free Trial does not automatically convert into a paid Service, and you will not be charged anything at the end of the Trial Period. If you wish to continue to receive Services after the Trial Period, you must submit an Order and pay the applicable Fees in the ordinary way in accordance with Clause 5.

25.6 What is included: The games, specification, computing resources, storage, player slots, features and control panel functions made available on a Free Trial are determined by us and may be more limited than those available on paid Services. We may change them at any time. In particular, features such as backups, additional ports, mod, plugin or add-on installation, the free connection subdomain described in Clause 26, and priority support may be unavailable, restricted or disabled on a Free Trial.

25.7 Service level during the Trial Period: Notwithstanding Clause 6, and because the Free Trial is provided free of charge, the Free Trial is provided on an "as is" and "as available" basis. In particular:

25.8 Your Material and deletion of data: You are responsible for taking your own backups of all Material in accordance with Clause 7.5. On expiry or termination of a Free Trial, all Material on the relevant Game Server may be deleted immediately and permanently, without notice to you. We do not guarantee any retention period, grace period or migration of Material, and subject to Clause 18.3 or Clause 19.3 (as applicable) we shall have no Liability for any Material that is lost or deleted. If you submit an Order before the end of the Trial Period, we will use our reasonable endeavours (but are under no obligation) to retain or migrate your Material to the Services covered by that Order.

25.9 How you may use a Free Trial: A Free Trial is provided so that you can genuinely evaluate the Services. You must not:

25.10 If you breach these Free Trial terms: If we reasonably believe that you are in breach of Clause 25.2 or Clause 25.9, or of any other provision of this Agreement, we may (without prejudice to our other rights and remedies, and subject to Clause 18.3 or Clause 19.3 (as applicable), without Liability to you):

If you obtained a Free Trial by giving us information that was false or misleading, we reserve the right to charge you our standard Fees for the Services you received during the Trial Period.

25.11 Changing or withdrawing the Free Trial offer: We may change the eligibility criteria, duration, specification or terms of the Free Trial, or withdraw the Free Trial offer in whole or in part, at any time and without notice. Any such change will not affect a Free Trial that has already been activated for you, except as permitted by Clauses 25.6, 25.7.2 and 25.10.

25.12 Cancellation, refunds and your statutory rights: Because no Fees are payable and no payment details are taken, no refund can arise in respect of a Free Trial, and Clauses 13.3, 14.2, 14.3 and 17.3 do not apply to it. You may stop using a Free Trial and bring it to an end at any time and for any reason by telling us through the support ticketing system available through your Account or by email to help@thatwaseasy.io. If you are a Consumer, nothing in this Clause 25 affects your statutory rights, and Clause 18 continues to apply.

25.13 Liability in respect of a Free Trial: Subject to Clause 18.3 or Clause 19.3 (as applicable), and without prejudice to Clauses 18 and 19, you acknowledge that the Free Trial is provided to you free of charge and that our Liability arising out of or in connection with a Free Trial is limited to the fullest extent permitted by law. In particular, and subject always to Clause 18.3 or Clause 19.3 (as applicable), we shall have no Liability for the loss, corruption or deletion of any Material, for the loss of any player or community, or for any loss arising from the unavailability, suspension, modification, termination or expiry of a Free Trial.

26.1 What we provide: Where we make it available, and where your Order or your Account settings include it, we may allocate to you a free connection subdomain of a domain that we own (for example, a subdomain of thatwaseasy.io), so that your players can connect to your Game Server using a memorable address rather than an IP address and port. A connection subdomain is part of the Services; it is not a domain name registration, and we do not register, renew or hold any domain name on your behalf.

26.2 Acceptance criteria: Because a subdomain of a domain that we own can easily be perceived as a service that is owned, operated or endorsed by That Was Easy, we need to enforce strict policies to protect our business. You agree and understand that we will review every Order and every request in which a free connection subdomain has been selected. That review can take as long as we require, and we have the full right to refuse a subdomain, or an Order that includes one, with or without giving a reason. Without limiting that discretion, we may refuse, change or withdraw any subdomain that in our reasonable opinion:

26.3 Ownership and no transfer: We are the full owner of thatwaseasy.io and of every other domain from which free connection subdomains are offered, and of every subdomain of them. No Intellectual Property Rights or other rights in any subdomain pass to you. In accordance with Clause 12.1.2, a connection subdomain is licensed to you for the duration of this Agreement only, and is not portable or transferrable to you, to another hosting provider or to any other person at any time.

26.4 Availability and changes: You agree and understand that the domain from which free connection subdomains are offered may change from time to time, and that we may add, change or withdraw the free subdomain option in whole or in part at any time. Where we change the domain, we will carry out the change for you, and we will use our reasonable endeavours to give you advance notice. It is your responsibility to inform your players of any change to the address by which they connect to your Game Server. If you do not like the changes we make, you may terminate this Agreement in accordance with Clause 13.2.1.

26.5 Termination: On cancellation, termination or expiry of this Agreement or of the relevant Service (including on expiry of a Free Trial under Clause 25.4), any connection subdomain allocated to you will cease to operate immediately and may be reallocated by us to another customer. We are under no obligation to reserve a subdomain for you or to make it available to you again.

26.6 Liability: Subject to Clause 18.3 or Clause 19.3 (as applicable), we shall have no Liability in respect of any connection subdomain, including for its unavailability, refusal, change, reallocation or withdrawal, for any delay in DNS propagation, or for any resulting loss of players or interruption to your Game Server.