Last Updated on 11th November 2020
Welcome to My School UP!
These Terms and Conditions govern your use of our website located at https://www.myschoolup.com operated under the trademark My School UP owned by the partnership UP Conseils (“the Agency”, “we”, “our”, “us”).
By entering, using and engaging with our website and/or Services as defined below you are entering into a legal agreement with us over the following Terms and Conditions.
1.1. “Activity” – This refers to any activity which the Client has booked through My School UP and/or for the carrying out of which the Client has engaged UP Conseils to act as an intermediary between the Client and a Third Party and/or Partner engaged to provide such activity, including but not limited to accommodation, educational courses, language courses, internships, jobs, cultural or professional trips,related programmes, and any ancillary services or activities;
1.2. “Agency”/”We”/”Our”/”Us”: This refers to the Agency named “UP Conseils”, including its parents, subsidiaries, shareholders, directors, officers, agents, representatives and/or employees;
1.3. “Agreement” – This refers to this Terms and Conditions’ Agreement contracted between the Agency and you, the Client;
1.5. “Confidential Information”- This refers to any information disclosed by one party to another which is defined as confidential and proprietary as per the terms of this Agreement;
1.6. “Customer”, “Client” – This refers to any natural person, group of individuals, single entity, corporate or other statutory body with legal personality that is engaging the Agency for its Services and/or using its website;
1.7. “Destination” – This refers to the country in which the Client opts to receive the Agency’s Services;
1.8. “Device” or “Devices” – This refers to any computer hardware, network, storage, input/output or electronic control devices, or software installed on such devices used to enter the Agency’s website or communicate with the Agency or its Partners;
1.9. “Partners” – This refers to third party companies or agencies who are engaged by the Agency for their services on behalf of the Client to carry out the Activity;
1.10. “Personal Information” – This refers to any and all information relating to the personal identity of a natural or legal person including, but not limited to, name, surname, sexe, age, date of birth, nationality, registration number, ID or passport number, phone number, email, address and location;
1.11. “School” – This refers to providers of educational courses and accommodation as part of a language learning package or programme;
1.12. “Services” – This refers to any and all services provided by the Agency in relation to international mobility linked to internships, jobs, accommodation, language courses, cultural or professional trips,and/or any other ancillary services provided to the Client in terms of this Agreement;
2. The Agency’s Services
2.1 The Agency shall provide its Clients with various options of language programmes, accommodation, cultural or professional trips and other ancillary services or activities, which the Clients may thenbook through the Agency;
2.2 The Agency shall provide its Clients with information regarding the language schools, accommodation, cultural or professional trips and other ancillary services or activities promoted on its website;
2.2.1 The Agency shall set up a system consisting of the latest information and reviews from previous clients, to ensure that each Client is provided with a better understanding of the quality and specific features of each of the offers promoted on its website;
2.2.2 Following the Client’s stay or engagement in an Activity and/ programme, the Agency shall send the said Client a survey regarding their satisfaction with their option or otherwise, wherein the Clients shall also have the opportunity to provide the Agency with any additional feedback which they may have;
2.2.3 The information provided by the Agency’s website is for information purposes only. Whilst the Agency makes every effort to provide the Clients with available and verified information and/or tools, the Agency cannot guarantee that any information published on the website is accurate, complete, or up-to-date, and shall not be held responsible for any errors, lack of availability of information and/or the present of any computer virus or malware on its website;
2.2.4 The amounts and/or prices indicated in the Euro (€) currency are based on the currency and the exchange rate at the time of publishing on the Agency’s website and may vary according to the exchange rate at the time of booking;
2.2.5 The Client acknowledges that any use of the information provided by the Agency’s website is used under his/her exclusive responsibility.
2.3 The Client acknowledges and agrees that the Agency may, in its sole and absolute discretion, modify or remove the Services as necessary;
2.3.1 The information provided on the website of the Agency shall be subject to change. However, the Agency shall not be held responsible for not updating its information on the website at the time of booking;
2.3.2 All the Services found on the Agency’s website are to be understood as subject to availability and the Agency cannot be held liable for any damages incurred by the Client relying on the accuracy of the website’s content;
2.3.3 The Client agrees to verify with the Agency booking availability, prices and all other content as it appears on the Agency’s website;
2.4 The Agency offers its Services in various destinations, worldwide;
2.4.1 The Services, offers, programmes and prices provided by the Agency may vary from one destination to another;
2.4.2 The list of destinations offered by the Agency may change at the sole discretion of the Agency;
2.5 In the case of the Agency’s website malfunctioning, the Agency assumes no responsibility for any losses suffered by the Client or third parties should the Service be temporarily suspended, modified or unavailable.
3. Language Programmes
3.1 The School shall be responsible for content published on the School’s website, in relation to each specific language programme, including but not limited to, text, photos, videos, types of equipment and prices, and which shall be generated by the School Manager;
3.2 The information published on the Agency’s website in relation to the course or stay sheets may vary according to each particular school and destination;
3.2.1 Prices indicated on the Agency’s website are based on low season durations and may therefore vary from the actual price depending on the Client’s request and requirements;
3.2.2 Prices indicated on the Agency’s website do not include any eventual administrative, pedagogic and/or any other fees which the school or a third party may apply;
3.3 When selecting a language programme offered by the Agency, the Clients shall choose such language programmes after taking into account the commencement date, the duration of the language programme in question, and the public holidays of the particular School;
3.3.1 Clients are responsible of checking the terms and conditions of the particular School upon receiving the booking confirmation, particularly in relation to terms of payment and public holidays which will take place during the language programme. Public Holidays which take place in the duration of a language programme, shall not be refunded by the Agency. It shall then be the responsibility of the School and the Client to coordinate in order to find a solution to recuperate any time lost from the language programme;
3.3.2 Clients shall be responsible for checking the information contained in the booking confirmation and the invoice, particularly information pertaining to the language programme, accommodation dates and duration, and personal information;
3.4 Clients are responsible for booking transportation, including but not limited to flights and/or trains, to the city where the language school and/or the accommodation is located, except when the airport transfer would have already been booked with the school;
3.4.1 The Agency strongly advises its clients to book any transportation required in advance to benefit from better prices and secure availability;
3.4.2 In the event that the Client opts for transportation and/or transfer services offered by the School, then the Client recognises that it shall be the sole responsibility of the School to ensure that any ancillary transportation services are carried out accordingly;
220.127.116.11 The Client shall be obliged to provide the Agency with the flight details and any ancillary information in advance in order to enable the School and/or Third Party to provide their services accordingly. This shall include immediate notification to the Agency in case of any changes to the flight details so that any booked airport transfers may be amended accordingly;
3.4.3 The School shall be the responsible entity for ensuring the smooth running of the Client’s stay and shall be responsible of providing high quality standard services, including but not limited to, an excellent teaching programme, accommodation and a diverse range of activities;
3.5 The management of the language programme at any particular School shall be the responsibility of the School Manager;
3.5.1 In the event that the Client encounters any difficulty or difficulties during the course of the language programme, then the Client shall revert to the School Manager who shall be able to assist the Client in resolving any such difficulty;
3.6 In the event that the Client books accommodation with the School, then the School shall be responsible for the said accommodation;
3.6.1 In the event that the Client encounters any difficulty or difficulties in relation to the accommodation service, then the Client shall revert to the Accommodation Manager at the School, who shall be able to assist the Client in resolving any such difficulty;
3.7 The terms and conditions of the language school and/or of any other third party with whom a service is booked, including but not limited to cultural and professional trips, and chosen by the Client shall apply at the time of the confirmation of the registration and the Agency shall not be held responsible for the execution of the Services subscribed to with the particular language school and/or third party in question.
4. Group Trips – Other Third Party Service Providers
4.1 In the case of Group Trips, the Agency shall coordinate amongst the different Third Party Service Providers, including but not limited to tour operator, travel agency, accommodation, language schools and work placement agency, to ultimately offer the group one consolidated package;
4.1.1 In the case of Group Trips, the Agency shall present the group with a consolidated booking comprising the services of all third party service providers, in virtue of one booking confirmation, invoice and payment;
4.1.2 The terms and conditions of each and every Third Party Service Provider shall remain applicable and all individuals forming part of the group trip oblige themselves to adhere to such terms and conditions;
4.2 The Third Party Service Providers shall be responsible for content published on their website, including but not limited to, text, photos, videos, types of equipment and prices;
4.3 The information published on the Agency’s website may vary according to each particular Third Party Service Provider and destination;
4.3.1 Prices indicated on the Agency’s website are based on low season durations and may therefore vary from the actual price;
4.3.2 Prices indicated on the Agency’s website do not include any eventual administrative, pedagogic and/or any other fees which the Third Party Service Provider may apply;
4.4 Clients are responsible of checking the terms and conditions of the particular Third Party Service Provider upon receiving the booking confirmation;
4.5 Clients shall be responsible for checking the information contained in the booking confirmation and the invoice, including but not limited to information pertaining to the programme, accommodation dates and duration, and personal information;
4.6 Clients are responsible for booking transportation, including but not limited to flights and/or trains, except when the airport transfer would have already been booked with the Third Party Service Provider;
4.6.1 The Agency strongly advises its clients to book any transportation required in advance to benefit from better prices and secure availability;
4.6.2 In the event that the Client opts for transportation and/or transfer services offered by the Third Party Service Provider, then the Client recognises that it shall be the sole responsibility of the Third Party Service Providerto ensure that any ancillary transportation services are carried out accordingly;
18.104.22.168 The Client shall be obliged to provide the Agency with the flight details and any ancillary information in advance in order to enable the Third Party Service Provider to provide their services accordingly. This shall include immediate notification to the Agency in case of any changes to the flight details so that any booked airport transfers may be amended accordingly;
4.7 The Third Party Service Provider shall be the responsible entity for ensuring the smooth running of the Client’s booking and shall be responsible of providing high quality standard services;
4.8 The terms and conditions of the Third Party Service Providers with whom a service is booked, including but not limited to cultural and professional trips, and chosen by the Client shall apply at the time of the confirmation of the registration and the Agency shall not be held responsible for the execution of the Services subscribed to with the particular Third Party Service Provider in question;
4.9 Clients booking a group trip oblige themselves to adhere to Clause 3 of these Terms and Conditions in relation to Language Programmes.
5. Obligations of the Clients
5.1 Clients contracting the Agency’s services must be at least eighteen (18) years of age;
5.2 In the event that the Agency’s services are to be utilised by minors, that is individuals under eighteen (18) years of age, then such services are to be contracted by the minor’s parents or by a person entrusted with the minor’s legal custody. The minor’s parent or person entrusted with the minor’s legal custody shall remain solely responsible for the minor;
5.3 By entering this website, the Client is assuming the responsibility of understanding all the contents and abiding by the rules laid out below which reflect the applicable Laws of Malta;
5.4 The Client agrees to provide current, accurate and complete information in all electronic and/or hardcopy registration forms submitted in connection with the Service and/or Activity;
5.5 The Client agrees not to impersonate or in any way misrepresent his/her affiliation or authority to act on behalf of any person, company or other entity;
5.6 The Client agrees to cooperate with the Agency within reasonable measures to verify the identity and authority of persons using the Serviceand/or engaging in the Activity;
5.7 The Client agrees to take sole responsibility for abiding with the terms and conditions expounded by Third Parties and/or Partners;
5.8 The Client is responsible for insuring that s/he is fully covered by an insurance policy throughout the duration of his/her trip or Activity. This shall include personal liability insurance, health insurance and travel insurance, covering any possible cancellation/s of Activities;
5.8.1 The Client shall be fully responsible for any risk, foreseen or unforeseen, arising as a result of travelling abroad and/or engaging in any Activity;
5.8.2 The Client agrees that s/he shall not hold the Agency responsible for any accidents, injuries (both physical and psychological), financial loss, theft, damage, loss or death whilst carrying out any Activity;
5.8.3 The Client shall ensure that all relevant insurance documentation are in hand throughout the duration of the trip or Activity;
5.9 The Client is responsible for ensuring that s/he is in possession of a valid VISA or equivalent, and/or other admission documentation indicating their legal stay in the visiting country as required by the Client’s chosen destination;
5.10 Any breach of the above covenants will result in the immediate termination of the Service and, if appropriate, referral to the appropriate authorities. The Agency reserves its right to take any legal action against the Client for any loss and/or damage caused to it as a result of any such breach.
6. Payments, Cancellation and Refunds
6.1 With the exception of Services provided by the Agency to group trips, or any Service offered to more than one person, the Agency shall not collect fees directly from the Client except in those instances where this is consented to by the Agency;
6.2 Prices as quoted or communicated by the Agency are calculated on the basis of the duration of the required service and seasonal considerations;
6.2.1 These prices shall not be construed as including possible administrative, transportation, transfer and examination fees, including but not limited fees for English examinations, unless expressly stated by the Agency, Third Party or the Partner in question;
6.2.2 The amounts and/or prices indicated in the Euro (€) currency are based on the currency and the exchange rate at the time of publishing on the Agency’s website and may vary according to the exchange rate at the time of booking;
6.2.3 All information on pricing in relation to Third Parties’ and Partners’ services should be confirmed directly with the Third Party and/or Partner in question;
6.3 To secure a booking, the Client shall be obliged to pay a 25% deposit to the Third Party and/or Partner in the case of individual bookings, and to the Agency in the case of group trips, cultural or professional trips involving several third parties, or when consent by the Agency. The remaining balance shall be paid by the Client at least one (1) month prior to the Client’s arrival;
6.4 The Client may be required to pay the Third Party and/or Partner a deposit to secure their place for tuition, accommodation, placement, schools or any other fees;
6.4.1 This deposit shall be non-refundable. In the case of individual bookings, this shall however be subject to the terms and conditions of the chosen Third Party and/or Partner;
6.4.2 The Client acknowledges that until all fees have been fully paid and they have received a receipt confirmation of full payment from the Third Party and/or Partner concerned, as the case may be, their place is not secured or confirmed; However the Client binds himself to the prospective terms and conditions of the School as soon as he/she confirms the booking by sending the relevant documentation and confirmation to the Agency by email.
6.4.3 Payments made by the Client to Third Parties and/or Partners of the Agency are governed by the Cancellation and Refund Policies of the concerned Third Party or Partner entity;
22.214.171.124 The Clients agree to familiarise themselves with the Cancellation and Refund Policies as issued by the Third Party and/or Partner entity concerned and to abide with these Policies accordingly;
6.4.4 The Client shall inform the Agency of any cancellation and the Client acknowledges that any such cancellation may result in the loss of any fees paid, in line with the terms and conditions of the Agency or of the Third Party and/or Partner entity concerned;
6.5 In the event that the Agency collects fees directly from the Client in relation to group trips, or any Service provided to more than one person except in those instances where this is consented to by the Agency, then the Agency shall utilise those fees to pay the various service providers involved, including but not limited to travel agencies, language schools, accommodation and transfers;
6.5.1 Any deposit paid by the Client in relation to group trips, or for any Service provided to more than one person or when consented by the Agency, then such deposit shall be non-refundable;
6.5.2 Payment terms are as follows : 25% non refundable deposit on receipt of invoice. The remaining 75% has to be settled 1 month prior arrival of the group/client. In case of cancellation, the Client shall pay 75% cancellation fees of the total amount up to 1 month prior arrival and 100% less than 1 month prior arrival.
6.5.3 There will be no refund given if the Client decides to terminate the services earlier than booked (programme, activities, courses, accommodation…). The Agency strongly suggests that Clients purchase an insurance policy in case they are unable to start or finish their booking for reasons outside their control (e.g. illness, family emergencies, work commitments, pandemic…).
6.5.4 Payment can be made by bank transfer. Bank details are provided on the invoice. All additional foreign and / or local bank fees and charges must be paid by the Client.
6.5.5 The Client agrees to indemnify the Agency for any fees incurred due to a change made to, or cancellation of the original booking;
6.5.6 The Client acknowledges that any cancellation and/or change in a booking may result in the loss of any fees paid;
6.5.7 The Client agrees that any and all consequences for cancellations and/or changes made at the commencement of or during the relevant Activity booked, including loss of fees, are to be borne by the Client;
6.5.8 In the event of any cancellation and/or change to the booking made by any Third Party and/or Partner, the Agency shall not be held responsible for any such cancellation and/or change.
7.Limitation of Liability
7.1 The Agency warrants to provide the Services identified in the Agreement in a professional manner and in accordance with all reasonable professional standards for such Services;
7.2 To the maximum extent permitted by applicable law, the Client agrees to waive any and all claims against the Agency and releases the Agency, including its directors, employees and/or agents as well as host companies and any person or entity employed or used by the Agency, from any liability arising from or in connection with any property or physical damages, losses, thefts, accidents, delays, irregularities or other circumstances which the Client may suffer from;
7.2.1 The Client shall be responsible for exercising caution and taking all reasonable measures and precautions at all times to avoid injuries and/or death, thefts, losses;
7.3 The Agency shall not be responsible or liable for any accidents which may be suffered by the Client at any third party’s locations, including but not limited to the premises of the School, the designated accommodation, host companies and locations visited during sightseeing tours, professional and cultural trips;
7.4 Notwithstanding any damages that the Client might incur for any reason whatsoever, the entire liability of the Agency under any provision of this Agreement and the Client’s exclusive remedy for all of the foregoing, shall be limited to any deposit paid by the Client for the Service and/or Activity, during the preceding twelve (12) months;
7.5 The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
8.1 The Client agrees to indemnify, defend, and hold the Agency harmless from any claim, loss, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of the Client’s breach of any provision of this Agreement, the Client’s negligent or wrongful acts, and/or the Client’s violation of any applicable laws.
9. Force Majeure
9.1 The Agency shall not be liable and shall not be deemed to be in breach of this Agreement if it is unable to complete the Services or any portion thereof by reason of force majeure or any other event beyond the Agency’s control. Force majeure may include but shall not be limited to, all natural disasters, earthquakes, fires, floods, acts of war, epidemics and pandemics. Upon occurrence of any Force Majeure Event, the Agency shall give you notice of its inability to perform or of delay in the provision the Services;
9.2 This provision does not relieve you of the obligation to make all payments due for services provided by the Agency prior to the force majeure event or any other event beyond the Agency’s control which effects the Client. Any payment or deposit made by the Client prior to the occurrence of the force majeure event will be forfeited, subject to the terms and conditions of the Agency, Third Parties and/or Partners;
10. Copyright and Intellectual Property
10.1 The Agency declares that it owns all rights, title, interest, Copyright rights, and other Intellectual Property Rights in the Service. All Intellectual Property Rights in the Agency’s Service, and in all additions, corrections, and improvements thereto, produced by the Agency and provided to the Client shall at all times remain the property of the Agency. This shall also apply to intellectual property rights in all work done by the Agency for the Customer;
10.2 All content on this website is protected by copyright and all other applicable intellectual property laws, particularly by the Copyright Act, Chapter 415 of the Laws of Malta and the Intellectual Property Rights Act, Chapter 414 of the Laws of Malta, as well as by international conventions, agreements and treaties, unless specifically excluded herein;
10.3 The Client hereby agrees to abide by all applicable laws and international treaties, and undertakes to inform the Agency of any suspected breach of Intellectual Property Rights belonging to the Agency and/or its Parties;
10.4 The Client also covenants with the Agency that at any time after termination of this Agreement, the Client shall not disclose to any other person, firm or company, particulars of any Intellectual Property Rights of the Agency’s Service or infringe any of the Intellectual Property Rights of the Agency;
10.5 The Client is not entitled to claim any ownership over any of the contents (logos, text, graphics, symbols, software, Service etc.) of this website. Any content downloaded or used in any way from the website should contain a recognition of our rights over the intellectual property by ensuring that our logo or trademark is present on all materials. Unless content is explicitly made available for download or purchase directly from us, the Client must contact us to get our written permission to use our content in any way, and should it belong to a third party, the Client is solely responsible to request and obtain permission from such party. This also include creating any links to our website or using our logo or trademark on any other platform before obtaining our written consent.
11. Third Party Content
11.1 The Agency’s website may feature links, suggestions or advertisements directly or indirectly involving other domains owned by third parties. We neither control nor assume any responsibility for the content and materials on those sites, pages and domains. The Client bears sole risk when entering into such other websites;
11.2 All information, including but not limited to pricing, destinations, activities and travel, provided by a Partner or third party in connection with the Service including information relating to language schools, internships and job providers shall remain the sole responsibility of that Partner or third party;
12.1 Each party acknowledges that in connection with this Agreement it may receive certain confidential or proprietary, technical and business information and materials of the other party (the “Confidential Information”). This includes but is not limited to:
- The Agency’s Services and any other related materials/information;
- any and all other information which is disclosed to the Client by the Agency, orally, electronically, visually, or in a document or other tangible form which is either identified as or should be reasonably understood to be confidential and/or proprietary; and,
- Personal Information, including but not limited to, names, surnames, date of birth, nationality and address, of both the Agency representatives as well as of the Client.
- Sensitive Personal Information of the Client, including medical information, dietary requirements, disability, religious and cultural habits.
12.2 During the course of delivery of the Service it will be necessary for confidential information to be exchanged between the Client and the Agency. We will use such confidential information only for the purposes for which it is provided, and may disclose it solely to employees, Third Parties and/or Partners, obligated to the Client under similar confidentiality restrictions and only for the purpose it was provided;
12.2.1 The Client shall allow the Agency to disclose any personal sensitive information with Third Parties and/or Partners for the purpose of providing the Service, and the Client shall be obliged to immediately notify the Agency should s/he require that any specific confidential information not be shared with the mentioned Third Parties and/or Partners;
12.3 Confidential information shall not include information which the Recipient can clearly establish by written evidence that it is:
- already lawfully known to or independently developed by the Recipient without access to the confidential information;
- disclosed in non-confidential published materials;
- generally known to the public;
- or rightfully obtained from any third party without any obligation of confidentiality;
12.4 The Client agrees not to disclose confidential information to any third party competitor and will protect and treat all confidential information with the highest degree of care. Except as otherwise expressly provided for in this Agreement, the Client will not use or make any copies of confidential information, in whole or in part, without the prior written authorization of the other party;
12.5 Each party may disclose confidential information if required by statute, regulation, or order of a court of competent jurisdiction, provided that the party discloses only the minimum confidential information required to be disclosed, and cooperates with the other party in taking appropriate protective measures. These obligations shall continue to survive indefinitely following the termination of the Service and/or Activity with respect to confidential information.
13.1 The Client agrees that the Agency and its Partners may collect and use any personal information which the Client provides or which is acquired by the Agency as part of the Client’s use of the Service;
13.2 The use of personal information by the Agency may be used to generate statistics of the use of the Service for market research and to drive improvements in the Service;
13.3 The Agency agrees not to publish any of this information in a form that personally identifies the Client and furthermore explicitly declares that all information acquired by the Agency as a result of the Client’s use of the Service will be kept confidential in terms of Section 11 of this Agreement;
14.1 This Agreement supersedes all prior agreements, arrangements and undertakings, or contemporaneous oral or written communications, proposals and representations between the parties and constitutes the entire agreement between the parties relating to the subject matter hereof;
14.2 In the event that any one or more of the phrases, sentences, clauses or sub-clauses contained in these Terms and Conditions shall be declared invalid or unenforceable by an arbitrator or by order, decree or judgment of any court having jurisdiction, or shall be or become invalid or unenforceable by virtue of any duly promulgated law, rule or regulation, the remainder of these Terms and Conditions shall be construed as if such phrases, sentences, clauses or sub-clauses had not been inserted;
14.3 To the extent that the terms of these Terms and Conditions conflict with any other terms and conditions, policies or communications issued by the Agency, the terms of these Terms and Conditions shall prevail;
14.4 In addition, the terms set out in these Terms and Conditions shall prevail and control over any and all additional or conflicting terms or provisions contained in any other document concluded with the Client, whether such document constitutes a purchase order or alternative agreement, and any and all such additional or conflicting terms shall be void and shall have no effect;
14.5 If these Terms and Conditions are translated into a language other than English and there are conflicts between the translations, the English language version shall prevail and control;
14.6 This Agreement:
- may not be assigned by the Client. Any purported assignment will be null and void;
- may not be amended by Client;
- may be amended bythe Agency from time to time.
14.7 The Terms and Conditions may be amended from time to time at the discretion of the Agency, as necessary. Each updated version of the Terms and Conditions shall indicate the date as to when any amendment/s to the Terms and Conditions would have been effected;
14.8 In the event that the Client is not in agreement with any amendment made to the Terms and Conditions, then the Client may terminate its Agreement with the Agency. This termination of service shall be done in writing by means of an email with return receipt to email@example.com;
14.9 Termination of service due to any amendments made to the Terms and Conditions, shall not entitle the Client to any damages and/or refunds for services already rendered to him by the Agency. The Client shall remain liable to make payments for services rendered by the Agency prior to the termination of service;
14.10 The Agreement is for the sole benefit of the Agency and the Client and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement;
14.11 Without prejudice to any other rights, the Agency may terminate or revoke the Service provided to a Client, if the Client does not abide by any of the terms and conditions included in this Agreement.
15. No Waiver or Delay
15.1 The delay or failure of the Agency to exercise any right provided in this Agreement shall not be deemed to be a waiver of such right. Any express waiver, delay or failure by the Agency to exercise promptly any right due to it under this Agreement will not create a continuing waiver or any expectation of nonenforcement.
16. Governing Law
16.1 This Agreement shall be governed by and construed in accordance with the laws of Malta. Any dispute arising out of this Agreement or in connection with the interpretation and fulfilment of this Agreement shall be submitted to the exclusive jurisdiction of the courts of Malta.