Terms and Conditions
1. Definitions
“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
4. Delivery
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.
6. Cancellation
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.
7. Ownership
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.
9. Copyright
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 Ltd, 3 Ashford Road, Maidstone, Kent, ME14 5BJ.
11. General
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.
Website Terms and Conditions
Disclaimer
With respect to the information available either on this site or through any services promoted on this site, Parenta Limited expressly exclude any representation or warranty (express or implied) to the fullest extent possible. Parenta Limited makes no representation about materials or information contained on the site or obtained through the site and assumes no responsibility for its accuracy or for the security of the site or your communications with it.
Except in the case of personal injury or death caused by Parenta Limited’s negligence, Parenta Limited has no liability whatsoever in respect of any use which you make of the site.
The site is provided on an “as is” basis and Parenta Limited will not be liable for any loss whether direct, indirect or consequential arising from the use of the information, material and content on the site or any other website linked to the site and are not responsible for unavailability, downtime, viruses or other defects in the site or its content.
IF YOU ARE A CONSUMER THESE PROVISIONS DO NOT AFFECT YOUR STATUTORY RIGHTS
Intellectual Property
All material displayed on the site including trade marks, logos, copyright, service marks, text design, graphics, their arrangement, software, underlying source codes and other material are subject to copyright and other intellectual property rights and remain at all times the property of Parenta Limited unless otherwise accredited. The site or any part must not be reproduced in any form or by any means without Parenta Limited’s prior written consent. Graphics used on the site may include logos, trade marks or similar rights of other owners.
Links and Framing
The site does contain links and Parenta Limited has no responsibility for the content or information of these linked sites nor for any trading that you may undertake as a result of such a link.
The site must not be framed without the prior written consent of Parenta Limited.
User content
If you wish to post content onto the site you must ensure that the content is not libellous, obscene, illegal or violates the rights of others, you must not advertise or sell products or services and you must not use content in breach of copyright or trade mark rights.
Parenta Limited does not edit the content as a matter of course but does reserve the right to edit or remove any content infringing this provision.
Indemnity
You agree to fully indemnify Parenta Limited against any loss or liability we incur as a result of your breach of these terms of use.
Jurisdiction
These terms of use shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the Courts of England and Wales . If access to the site is from a location outside the UK you are responsible to ensure compliance with any local laws if and to the extent that such laws are applicable.