Xtensions e-Salon Manager - Leasing Terms and Conditions

1. Definitions
 "Charges" means charges to be paid by you calculated according to the software package chosen.
"Services" means Xtensions e-salon Manager Software
"User Policy" means any user policy we issue from time to time in relation to the Services, Xtensions User License or general terms & conditions of sale which you can view on your computer screen
"Us" or "we" means the Alphatask Ltd.
"You" means the customer(s) we make this agreement with and includes a person who we reasonably believe is acting with your authority or knowledge.

2. Duration
 2.1 For the Xtensions software packages the minimum period of service is 1 month in advance starting on the date we activate the Service. After the minimum period, either you or us may terminate this Agreement on one month’s written notice. No refunds are applicable under this policy for any 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 Xtensions 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 We may vary our Charges from time to time but will publish any change on our web site to the change taking effect. We will however do our best to give reasonable advance notice of any increase in our charges, which is likely to substantially increase the charges payable by a significant proportion of our customers. Your rights to cancel the Services if we increase our Charges are set out in Condition 2.
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 instruction you have given us. If you have chosen to pay by monthly credit card and we are unable to take payment in any one month we will contact you. We reserve the right to immediately cancel any credit card facility and demand a different method of payment. If you have agreed to pay by credit card but then do not maintain payments by this method we may charge you an administration charge.
3.4 If you do not make your payments on time We may also charge daily interest on amounts not paid until we receive your payment in full at a rate equal to 4% each year above the Base Lending Rate of the Bank Of Scotland, whether before or after judgment. Interest will continue to accrue even if the Agreement has been terminated, as long as this termination is not due to a breach by us.

4. Deposits
 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 14 days overdue.
4.3 We will repay any deposit held (or the balance of any deposit where any part of it has been applied by us in accordance with Condition 4.2) to you:
(i) As soon as you have for a period of 12 months (or such other period as we agree) paid to us all Charges due under this Agreement on the due date(s) for payment of those Charges; or
(ii) on termination of this Agreement, if you have paid to us all Charges due.

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 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 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 Xtensions user licence 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. Suspension of Services and Termination continued..
 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 and we may charge you a reasonable administration charge. 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 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 the earlier of:
(i) such price increase being notified to you under Condition 3.2; or
(ii) the date of your first bill following such price increase,
Irrespective of whether the minimum period in respect of those Services has expired. If you cancel Services under this Condition, the increased Charges relating to those Services will not apply to you;(iii) 30 days written notice.

8. 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.

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 Office of Fair Trading 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 to the Alphatask web services, terrorism, vandalism, industrial disputes, or acts of local or central Government or other competent authorities.

11. 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.

12. 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.

13. 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) to you: at the address in this Agreement or to an alternative address notified to us.

14. Law
 This Agreement is subject to the laws of the place in which you live.