“Agreement” the electronic Order Form and these terms and conditions for the supply of the Product and/or provision of the Services
“Customer” the person, firm or limited company shown on the electronic Order Form
“Order Form” the electronic order form authorised by or on behalf of the Customer contains these Terms and Conditions
“Parenta” any of the Parenta companies shown on the Order Form overleaf
“Price” the price for the Product and/or the Services set out in the Order Form as Set-up Fee, and the monthly subscription fee including Value Added Tax and any interest thereon but excluding delivery
“Product” the products set out on the electronic Order Form to be supplied by Parenta to the Customer
“Services” the services set out on the electronic Order Form to be provided by Parenta to the Customer
“Third Party” any person, firm or limited company other than Parenta or the Customer
2. Terms and Conditions
No other terms and conditions govern this Agreement and no variation of these terms and conditions shall be valid unless confirmed in writing by both parties. If any part of the terms and conditions shall be held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall remain unaffected thereby.
3. Parenta’s Obligations
3.1 Parenta will use its reasonable endeavours to provide the Product and/or the Services
3.2 All Products supplied shall be fit for the purpose for which they have been supplied
3.3 Parenta guarantees the Products against defects for a period of 12 months from the date of delivery or from the date of delivery of any replacement Product, except in the case of hardware where Parenta shall assign the benefit of any manufacturers guarantee or warranty benefiting the Product to the Customer
3.4 Parenta will use its reasonable care and skill in providing the Services
Parenta will use its reasonable endeavours to deliver the Product in accordance with the timescale set out in the Order Form but time of delivery is not of the essence to this Agreement
5. Customer’s Obligations
5.1 To pay Parenta the Price on appointment, unless otherwise agreed in writing by a Director of the company.
5.2 To pay interest at the rate of 2% per month or part thereof on any payments more than 4 days overdue from the date due for payment until payment of the Price is received in full.
5.3 To inspect the Products at the time of delivery and to inform Parenta in writing of any damage to the Product within 3 days of delivery stating the nature of the damage and retaining any damaged Product in safe conditions for collection.
5.4 To indemnify Parenta against any loss or liability it incurs as a result of the Customer’s breach of this Agreement.
Should the Customer cancel the order more than 48 hours after order Parenta reserves the right to charge any costs incurred by Parenta to the Customer.
Parenta retains ownership of the Product until payment in full of the Price. Until such time as the Price is paid in full the Customer shall retain the Products on a fiduciary basis as bailee on behalf of Parenta and will be stored by the Customer separately from its own products or those of any Third Party and identifiable. Parenta retains the right to recover the Product if the Price is unpaid and the Customer hereby irrevocable authorises Parenta to enter any premises controlled by the Customer to repossess the Product.
8. Warranties and Liabilities
Other than for negligence resulting in death or serious personal injury Parenta will not be liable for any loss or liability incurred or suffered by the Customer for breach of the terms of this Agreement. Insofar as the law allows all other conditions, warranties and obligations implied by law and any liabilities arising therefrom are excluded. Parenta shall not be liable for the quality of any information or advice originating from or supplied by the Customer; any consequential loss or damage of any kind (including loss of profit); and, any temporary failure, suspension or withdrawal of the Services.
The Customer acknowledges that all website design text graphics software material and any other information supplied to the Customer by Parenta are copyright and no such information shall be used without the prior written consent of Parenta. All content provided by Parenta shall be the absolute of Parenta or its agents or the person identified within the content.
10. Duration of the Services
The provision of the Services shall continue for a 36 month period unless terminated earlier by Parenta because of the Customer’s breach of this Agreement; the Customer’s insolvency; or, the Customer ceasing to trade. The customer may cancel at any time by providing three months notice in writing to Customer Service, Parenta Group, 2-8 London Road, Rocky Hill, Maidstone, Kent, ME16 8PZ.
11.1 This Agreement sets out the entire terms of the contract between the parties and supersedes any previous representations, warranties and terms (whether in writing or otherwise)
11.2 In accordance with s. 1(2) (a) Contract (Rights of Third Parties) Act 1999 the arties intend that no term of this Agreement may be enforced by a Third Party
11.3 This Agreement is to be governed and subject to the exclusive jurisdiction of the Courts of England and Wales.
12.1 We do not share information about the Customer with third parties.
12.2 We do not share data the Customer holds in our systems and software with third parties.
12.3 Ownership of the data is with the Customer.
12.4 We registered under the Data Protection Act of 1998 (Reg number Z1476954). We adhere to the principles of the Data Protection Act and best practices for managing information.
© Parenta Group Ltd 2016 All Rights Reserved