123 PetCare Subscription Terms
Definitions
“Charges” means charges to be paid by you calculated according to the software Subscription package chosen. “Services” means Salon Iris Ltd Software Subscription Products
“User Policy” means any user policy we issue from time to time in relation to the Services, Salon Iris user license or General Terms & Conditions of Sale which you can view on your computer screen
“Us” or “we” means the company named in our agreement with you: Salon Iris Ltd.
“Contracted period” means the contract period with Salon Iris Ltd
“You” or “Your” means the customer(s) we make this agreement with and includes a person who we reasonably believe is acting with your authority or knowledge.
Duration
2.1 Your Salon Iris Ltd Subscription Agreement has a minimum term called a Contracted Period which is 12 months and will then thereafter be automatically renewed for a succeeding 12-month period on each anniversary of commencement of the agreement date unless written notice of termination is given by the customer to Salon Iris Ltd, no less than 30 days before the end of any such 12-month Period. If you want to end the Agreement during the contract Period or we end this Agreement as a result of your material breach, then you will have to pay a fee, plus any applicable late payment fees equivalent to your Monthly Subscription Charges multiplied by the number of months left in your Contracted Period and if you’ve taken Equipment as part of this subscription, you will have to pay for it in full. No refunds are applicable under this plan for any previous or part month’s payments should you or we terminate this agreement.
2.2 We may dispose of or destroy any customer data in our possession unless we receive, no later than 30 days after the effective date of the termination of the Subscription Agreement, a written request by the customer for delivery to you of the most recent backup copy of the customer data. We will provide reasonable commercial endeavours to deliver the backup to you within 30 days of the written request, provided that you have, at the time, paid all fees outstanding at the termination of the Subscription Agreement.
Charges and Payment
3.1 You must pay all the Charges for the provision of Salon Iris Software for which we bill you (whether you use the software or someone else does), together with any Value Added Tax and any other taxes (at applicable rates from time to time), which apply in relation to any Charges payable under this Agreement. You must pay your bill by the date specified in your bill. You will be liable for the Charges from the day on which we first make the Services available to you unless we notify you otherwise. All charges are made 1 month in advance in relation to all methods of payment.
3.2 Once active we will not change your billing amount.
3.3 You are required to pay your bills in full using the method you have chosen in this Agreement or as we have otherwise agreed. You will allow us to recover the Charges under any Credit Card / Debit Card or Direct Debit instruction you have given us. If you have chosen to pay by monthly Credit / Debit card or Direct Debit and we are unable to take payment in any one month we will contact you. We will charge late payment default fees if you fail to make your payments when due.
3.4 Late payment default fees will be charged as follows.
a) £20.00 for each failed Direct Debit collection on due date
b) £20.00 for each failed Credit / Debit Card collection on due date
Deposits
4.1 If we conduct a check of your creditworthiness and the results of that check do not satisfy us or if we reasonably decide that all our customers or a certain category of our customers must pay a deposit, we may require you to pay a deposit of a reasonable amount determined by us.
4.2 We may:
(i) Use all or part of your deposit to settle amounts due under this Agreement which are 7 days overdue.
Provision of Information
5.1 You are required to promptly and accurately give us all the information we may need so that we can perform our obligations under this Agreement. You must also inform us immediately of any change to any details you have provided to us.
5.2 We may share the information, which you provide with other companies through credit reference agencies to enable them to make hire decisions and occasionally for debt tracing and to prevent fraud.
Suspension of Services and Termination
6.1 As well as our other rights, we have the right to terminate this Agreement without notice and to claim for any losses in full or expenses incurred by us or to suspend the provision of the Services until further notice without notifying you if:
(i) you do not make payments to us when they are due;
(ii) you do not perform or observe any other obligation under this Agreement (a “breach”) and where you have breached this Agreement and that breach can be remedied, you fail to remedy the breach within the reasonable time specified by us in our written notice requiring you to do so;
(iii) a voluntary arrangement is proposed, or a bankruptcy petition is presented or a bankruptcy order is made against you or in Scotland you are sequestrated or a receiver or trustee is appointed of your estate;
(iv) we have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the Services from us or at any time during the provision of the Services
(v) you or another person at your premises use the services, or are suspected, in our reasonable opinion, of involvement in fraud or attempted fraud in connection with the use of the Services or violate the Salon Iris user license in any way.
(vi) we are required to comply with an order, instruction or request of Government, an emergency services organisation or other competent administration or regulatory authority;
(vii) you do or allow anything to be done which is in breach of our User Policy; or
(viii) we are specifically entitled to do so under any other condition of this Agreement.
6.2 Any exercise of our right to suspend the Services shall not exclude our right to later terminate this Agreement. We may refuse to restore the Services to you until we receive an acceptable assurance from you that there will be no further breach.
6.3 You must reimburse us all reasonable costs and expenses incurred in any suspension and/or recommencement of the provision of the Services. This will not apply where the suspension is not due to your breach, fault, or omission or is agreed between us. You will continue to be liable to pay all Charges, which are due for the Services during the period of suspension, and any period in which you do not comply with this Agreement.
6.4 As well as your other rights, you shall have the right to terminate this Agreement by notice to us in writing if we fail to perform or observe any obligation under this Agreement and (in the case of a breach capable of remedy) we fail to remedy the breach within the reasonable time specified by you in your written notice requiring us to do so.
6.5 On termination of this Agreement you shall return all software at your cost to our offices within 14 days of the date of termination. If you do not return the software we shall be entitled to bill you and you shall be liable to pay for the cost of replacing the software, and unless the termination is due to our breach you shall continue to be responsible for the payment of Charges until the software has been returned or its replacement value paid.
Cancellation Rights
7.1 You may cancel the Services without penalty in the following circumstances:
7.1.1 if we increase our Charges to you, for the same software package you may cancel those Services in respect of which the Charges have increased by giving us one month’s notice in writing within 30 days of charges increase.
Assignment
This Agreement is personal to you and therefore it may not be assigned or transferred by you to any other person without our prior written consent. For business reasons, we have the right to assign this Agreement at any time to any company or person.
Changing the Terms and Conditions Where any of the following occurs:
(i) there is any change or amendment to any law or regulation which applies to our trading, operating or business practices or policy;
(ii) the Director General of the Financial Conduct Authority (FCA) or any other competent Government department or regulatory body makes any direction or order recommending or requiring any technical modifications or changes in our trading, operating or business practices or policy. We reserve the right to change the terms and conditions of this Agreement and/or the Services which we provide to you as soon as is reasonably practicable by giving written notice to you prior to the changes being introduced referring to this Condition. We will also publish details of any changes (including the operative date) on our web site as soon as possible prior to the changes being introduced.
Unforeseeable Events
Neither party is liable for any breach of this Agreement which is caused by something beyond their reasonable control including Acts of God, fire, lightning, extremely severe weather, flood, a national or local emergency, explosion, war, military operations, civil disorder, damage / interruption to the Salon Iris or supplementary web services, terrorism, vandalism, industrial disputes, or acts of local or central Government or other competent authorities.
Severability
If any provision or part of a provision of this Agreement is held invalid, illegal or unenforceable for any reason, it shall be severed and the rest of the provisions in this Agreement shall continue as if the Agreement had commenced without that provision or part of that provision.
Waiver
The failure by either you or us to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of such right or to bar the exercise or enforcement of it or any other right.
Notices
Notices given under this Agreement should be delivered by hand or by prepaid first class post or electronic mail either:
(i) to us: at the address on this Agreement or on the last invoice or to an alternative address
notified to you;
(ii) at the address in this Agreement or to an alternative address notified to us.
Law
This Agreement is subject to the laws of England.
Salon Iris Ltd.
Unit 6 Amber Business Village,
Amber Close,
Tamworth
B77 4RP
E-mail: info@saloniris.co.uk
Web Site: www.saloniris.co.uk
Phone: 0121 314 4402
Company No: 5829542
Updated 15/01/2019