This is your Terms of Use for “Caterers on Net” please read this carefully before using “Caterers on Net” and you may want to retain a copy for your records. When I accept these terms, I confirm that I am duly authorized on behalf of the Client to place an order for “Caterers on Net” subject to the terms and conditions set out below. I also warrant that the information submitted in signing up is correct and accurate to the best of my knowledge.
FOLLOWING COMPLETION OF THIS CLIENT ORDER FORM AND ACCEPTANCE OF ALL THE TERMS AND CONDITIONS SET OUT BELOW YOU MAY ACCESS AND USE THE PARAMOUT BUSINESS SOLUTION (PBS) SOFTWARE THROUGH OUR SERVER. THE COPYRIGHT, DATABASE RIGHTS AND ANY OTHER INTELLECTUAL PROPERTY RIGHTS IN THE PROGRAMS AND DATA WHICH CONSTITUTE THIS SOFTWARE PRODUCT (‘THE MATERIALS’), ARE AND REMAIN THE PROPERTY OF PARAMOUT BUSINESS SOLUTION (PBS).
BY CLICKING ON THE ACCEPTANCE BUTTON BELOW (MARKED ‘DO YOU ACCEPT THESE TERMS AND CONDITIONS?’), YOU INDICATE ACCEPTANCE OF THIS END USER LICENCE AGREEMENT AND THE LIMITED WARRANTY AND LIMITATION OF LIABILITY SET OUT IN THIS END USER LICENCE AGREEMENT. SUCH ACCEPTANCE IS ON BEHALF OF ANY CORPORATE ENTITY WHICH EMPLOYS YOU OR WHICH YOU REPRESENT (‘CLIENT’). IN THIS END USER LICENCE AGREEMENT, ‘YOU’ INCLUDES BOTH THE READER AND ANY CLIENT. YOU SHOULD THEREFORE READ THIS END USER LICENCE AGREEMENT CAREFULLY BEFORE CLICKING ON THE ACCEPTANCE FIELD.
PARAMOUNT BUSINESS SOLUTION (PBS) MAY IN ITS ABSOLUTE DISCRETION REJECT YOUR CLIENT ORDER FORM WITHIN 21 DAYS OF SUBMISSION, IN WHICH CASE YOU WILL BE NOTIFIED OF SUCH REJECTION BY E-MAIL.
The following terms as used in this Agreement have the following meanings:f
Paramount Business Solution (PBS) privacy policy in relation to the Client’s use of the Service may be viewed at http://catererson.net/admin/privacy-policy. Paramount Business Solution (PBS) reserves the right to modify its privacy policy in its reasonable discretion from time to time. With regard to any personal data input by or collected from the Client that may be stored or processed in the “Caterers on Net”, such data shall be stored and processed by Paramount Business Solution (PBS) in accordance with UK data protection legislation. Note that because the Service is a hosted, online application, Paramount Business Solution (PBS) occasionally may need to notify all Users of the Service of important announcements regarding the operation of the Service. If the Client becomes a paying user of the Service, the Client agrees that Paramount Business Solution (PBS) can disclose the fact that the Client is a paying user of the service.
Paramount Business Solution (PBS) hereby grants the Client a non-exclusive, non-transferable, right to use the Service, solely for the Client’s own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to the Client are reserved by Paramount Business Solution (PBS) and its licensors. The Client may not access the Service if they are a direct competitor of Paramount Business Solution (PBS), except with Paramount Business Solution (PBS)’s prior written consent. In addition, the Client may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. The client shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. The Client may use the Service only for internal business purposes.
The Client is responsible for all activity occurring under their User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with their use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. The Client shall: (i) notify Paramount Business Solution (PBS) immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Paramount Business Solution (PBS) immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by the Client or their Users; and (iii) not impersonate another Caterers on Net User or provide false identity information to gain access to or use the Service.
Paramount Business Solution (PBS) does not own any of the Client Data. The Client, not Paramount Business Solution (PBS), shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Client Data, and Paramount Business Solution (PBS) shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Client Data. In the event this Agreement is terminated (other than by reason of the Client’s breach), Paramount Business Solution (PBS) shall advise the Client how it may retrieve the Client Data but it will be the sole responsibility of the Client to retrieve a copy of their Client Data within 30 days of termination after which time Paramount Business Solution (PBS) may delete all such data. Paramount Business Solution (PBS) reserves the right to withhold, remove and/or discard Client Data without notice for any breach by the Client, including, without limitation, their non-payment. Upon termination by Paramount Business Solution (PBS) for any breach, the Client’s right to access or use Client Data immediately ceases, and Paramount Business Solution (PBS) shall have no obligation to maintain or store or forward any Client Data.
Paramount Business Solution (PBS) alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Caterers on Net Technology and any content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the Client or any other party relating to the Service. This Agreement is not a sale and does not convey to the Client any rights of ownership in or related to the Service, the Caterers on Net Technology or the Intellectual Property Rights owned by Paramount Business Solution (PBS). The Caterers on Net name, the Caterers on Net logo, and the product names associated with the Service are trademarks of Paramount Business Solution (PBS) or third parties, and no right or license is granted to use them.
The Client shall pay all Fees to their account in accordance with the fees, charges, and billing terms in effect at the time a Fee is due and payable. Fees will be invoiced by Paramount Business Solution (PBS) monthly/quarterly/yearly in advance and payments shall be charged concurrently in advance. All payment obligations are non-cancellable and all amounts paid are non-refundable. The Client is responsible for paying for all Services ordered for the entire License Term. Paramount Business Solution (PBS) reserves the right to modify its Fees and to introduce new Fees at any time, upon at least 30 days prior notice to the Client, which notice may be provided by e-mail or though the Administration pages in the Service . All pricing terms are confidential, and the Client agrees not to disclose them to any third party.
Set-up and training services may be available on request from Paramount Business Solution (PBS). Their availability and cost will be subject to agreement between the parties.
If the Client wishes to continue with the Service then the Client must need to pay a renewal fees. Paramount Business Solution (PBS) charges and collects in advance for use of the Service. Fees for other services will be charged on an as-quoted basis. Paramount Business Solution (PBS)’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Client shall be responsible for payment of all such taxes, levies, or duties. The Client warrants that it has provided Paramount Business Solution (PBS) with complete and accurate billing and contact information in the Order Form. If the contact information the Client has provided is false or fraudulent, Paramount Business Solution (PBS) reserves the right to terminate access to the Service in addition to any other legal remedies. Caterers on Net is only available to corporate entities or organizations. If the Client believes their bill is incorrect they must notify Paramount Business Solution (PBS) in writing within 60 days of the date of the disputed invoice, following which Paramount Business Solution (PBS) shall assess whether any adjustment or credit is due.
In addition to any other rights granted to Paramount Business Solution (PBS) herein, Paramount Business Solution (PBS) reserves the right to suspend or terminate this Agreement and the Client’s access to the Service if their account falls into arrears. If any sum payable under this Agreement is not paid within 7 days after the due date or any payment is rejected revoked or refused then (without prejudice to the Company’s other rights and remedies) Paramount Business Solution (PBS) reserves the right to suspend the provision of any Services being rendered and to delete all Client Data and all other data settings information and records in relation to the Caterers on Net system as set up for the Client and/or to charge interest on such sum on a day to day basis (as well after as before any judgment) from the date or last date for payment thereof to the date of actual payment (both dates inclusive) at the rate of 4 per cent. Such interest shall be paid on demand by the Client. If the Client initiates termination of this Agreement, the Client will be obliged to pay the balance due on their account computed in accordance with the Fees and Payment section above. The Client agrees that Paramount Business Solution (PBS) may bill for such unpaid Fees. Paramount Business Solution (PBS) reserves the right to impose a reconnection fee in the event the Client is suspended and thereafter requests access to the Service.
This Agreement commences on the Effective Date. If payment has been paid then this Agreement will continue until the Client gives 1 clear months’ notice of termination, ie 1 clear billing month, or unless it is terminated under any other provisions of this Agreement. Paramount Business Solution (PBS) may also terminate this Agreement where Paramount Business Solution (PBS) decides to withdraw the Website (whether on a temporary or permanent basis) or decides to no longer permit access to the Website by the Client (by use of passwords or changes of passwords or by any other means). In such cases, where the Client has paid for any Services and has not received all of the Services the Client has paid for, Paramount Business Solution (PBS) may either return any amounts the Client has paid or complete performing the Services which remain unperformed.
Paramount Business Solution (PBS) may terminate this Agreement if the Client commits any material breach of any of the terms of this Agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of being notified of the breach. Without limit to the generality of the foregoing any breach of the Client’s payment obligations or unauthorized use of the Caterers on Net Service will be deemed a material and irremediable breach of this Agreement.
Paramount Business Solution (PBS) will keep all Client Data confidential, providing that Client Data may be disclosed to Paramount Business Solution (PBS)’s employees, representatives, consultants, contractors or agents (who in turn will be legally bound to keep the Client Data confidential). The obligation to keep the Client Data confidential will not apply to any information that is already known to the public; or ii. Is required to be disclosed by law, by any governmental or other regulatory authority, or by a court or other authority of competent jurisdiction, providing that Paramount Business Solution (PBS) will give the Client notice of the requirement to disclose of that disclosure as soon as practicable.
Paramount Business Solution (PBS) and its licensors do not guarantee that is the Services will operate error free or without interruption; ii. all program defects in relation to the Services will be corrected; and iii. the Services will operate with any hardware, software, system or data not identified in the ordering process. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY PARAMOUNT BUSINESS SOLUTION (PBS) AND ITS LICENSORS.
PARAMOUNT BUSINESS SOLUTION (PBS)’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PARAMOUNT BUSINESS SOLUTION (PBS) IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
In this Agreement, “force majeure” shall mean any cause preventing Paramount Business Solution (PBS) from performing any or all of Paramount Business Solution (PBS)’s obligations which arise from or are attributable to acts, events, omissions or accidents beyond Paramount Business Solution (PBS)’s reasonable control including without limitation strikes, lock-outs or other industrial disputes, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, interruption or failure of utility service, including but not limited to electric power, gas or water or default of suppliers or sub-contractors. Paramount Business Solution (PBS) shall not be in breach of this Agreement if it is subject to a force majeure event, provided that it uses reasonable endeavors to notify you in writing of the nature and extent of the force majeure event causing Paramount Business Solution (PBS)’s failure or delay in performance. If the force majeure event prevails for a continuous period of more than 2 months, the Client may terminate this Agreement by giving 14 days’ written notice to Paramount Business Solution (PBS). On the expiry of this notice period, this Agreement will terminate. Such termination shall be without prejudice to Paramount Business Solution (PBS)’s rights in respect of any breach of this agreement occurring prior to such termination.
NOTHING IN THIS AGREEMENT WILL EXCLUDE OR LIMIT PARAMOUNT BUSINESS SOLUTION (PBS)’S LIABILITY FOR: i. DEATH OR PERSONAL INJURY CAUSED BY PARAMOUNT BUSINESS SOLUTION (PBS)’S NEGLIGENCE; OR ii. FRAUD OR FRAUDULENT MISREPRESENTATION. SUBJECT TO THE INDEMNITY CLAUSE, PARAMOUNT BUSINESS SOLUTION (PBS) SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES AS A RESULT OF A FORCE MAJEURE EVENT. PARAMOUNT BUSINESS SOLUTION (PBS) SHALL NOT BE LIABLE FOR: i. ANY LOSS OF PROFITS OR OTHER ECONOMIC ADVANTAGE; ii. ANY LOSS OF DATA; iii. ANY LOSS OF GOODWILL; iv. ANY LOSS OF ANTICIPATED SAVINGS; v. ANY CONSEQUENTIAL LOSSES; AND/OR vi. ANY EXEMPLARY OR PUNITIVE LOSSES, ARISING IN RESPECT OF ANY REPRESENTATION, STATEMENT, ACT OR OMISSION IN CONNECTION WITH THIS AGREEMENT, WHETHER THE CLAIM ARISES UNDER CONTRACT, TORT, MISREPRESENTATION OR BREACH OF STATUTORY DUTY. SUBJECT TO PARAGRAPH 1 OF THIS CLAUSE, IN NO EVENT SHALL PARAMOUNT BUSINESS SOLUTION (PBS)’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM THE CLIENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
Paramount Business Solution (PBS) reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time. Such modified terms and conditions will be issued or made available to the Client electronically via email or the Website and shall be deemed effective 12 hours after electronic delivery or notification. Continued use of the Service after any such changes shall constitute the Clients consent to such changes.
By ticking the acceptance field below you confirm acceptance of these terms of business which together with the Order Form shall constitute a binding contract between Paramount Business Solution (PBS) and the Client, subject to the ability of Paramount Business Solution (PBS) within 21 days to reject the Client’s Order Form.