“Charges” means charges to be paid by you calculated according to the software package chosen. “Product Account” or “services” means 123 Pet Care Ltd Software Products.
“User Policy” means any user policy we issue from time to time in relation to the Services or products, 123 Pet Care 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: 123 Pet Care 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.
1. Product Account Activation
1.1 The Product Account will not be activated until you have paid your deposit by Credit or Debit card and then within one (1) business working day set up a Direct Debit via electronic communication with us for your monthly payment premiums.
1.2 Failure to activate your Product account will result in your account being transferred by us to a 30 day rental scheme of our software. No further credit facilities will be offered to you once your account has been transferred to the 30 day rental scheme. No refunds are applicable under this plan.
2.1 For our entire range of 123 Pet Care Ltd software packages the contract periods generally are for 3, 6 or 12 months but we may at our sole discretion create a custom payment plan starting on the date we activate the Product account. No refunds are applicable under this plan for any previous or part month’s payments should you or we terminate this agreement.
3. Charges and Payment
3.1 You must pay all the Charges for the provision of 123 Pet Care 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 due billing date which is normally monthly on the anniversary date of your initial payment. You will be liable for the Charges from the day on which we first take your deposit payment 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 unless you request and we agree to upgrade your software package to a higher version.
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
c) £40.00 if you cancel your Direct Debit mandate
d) £40.00 for each Credit / Debit charge-back
4.1 If we conduct a check of your credit worthiness 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.
5. 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.
6. Suspension of Product Account 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 Product Account 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 a Product Account from us or at any time during the provision of the Product Account.
(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 123 Pet Care 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 Product Account shall not exclude our right to later terminate this Agreement. We may refuse to restore the Product Account 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 Product Account and we will charge you a Default charge (see section 3.4). 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.
7. 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, unless you have upgraded your software to a higher package by prior agreement with us 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.
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.
9. 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 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.
10. 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, lightening, extremely severe weather, flood, a national or local emergency, explosion, war, military operations, civil disorder, damage / interruption to the 123 Pet Care or supplementary web services, terrorism, vandalism, industrial disputes, or acts of local or central Government or other competent authorities.
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.
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 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.
This Agreement is subject to the laws of England.
123 Pet Care Ltd.
Unit 6 Amber Business Village,
Company No: 5829542
123 Pet Care Ltd is licensed by the Financial Conduct Authority (FCA): 586836