"Paxton" means Paxton Computers Limited of 15 Kingsway, Bedford, England
"PaxtonCharities Website" means the website currently owned and operated
by Paxton at the following web address :-
"Buyer" means the individual or organisation who buys or agrees to buy
the goods and/or services from the PaxtonCharities Website.
2.1 These Terms and Conditions shall apply to all contracts for the sale
of goods and/or services via the PaxtonCharities Website to the Buyer
and shall prevail over any other documentation or communication from the
2.2 No variation to these Terms and Conditions (including any special
terms and conditions agreed between the parties) shall be applicable
unless agreed in writing by Paxton.
2.3 Any complaints should be addressed to Paxton's address stated in
2.4 The goods and services available via the PaxtonCharities Website are
currently only available to Buyers within the United Kingdom.
3 ORDERING VIA THE WEBSITE
3.1 All orders for goods and/or services via the PaxtonCharities Website
shall be deemed to be an offer by the Buyer to purchase pursuant to
these Terms and Conditions and are subject to acceptance by Paxton.
3.2 When making a purchase through the PaxtonCharities Website, the
sequence to be followed is as listed below :-
The Buyer will :-
- Take reasonable care to ensure that the products and services to be
purchased are suitable for the purpose intended and also suitable for
implementation on the computer system. The PaxtonCharities Website will
contain details of the facilities, prices and system requirements for
the products and services offered.
- Understand the price to be paid for the goods and services to be
purchased. All prices on the PaxtonCharities Website are shown in pounds
sterling and exclusive of VAT.
- Be responsible for reading the Terms and Conditions of Supply (this
document) as published on the PaxtonCharities Website.
- From the Ordering screen, complete the order form and send together
with payment to Paxton at the address stated on the order form. All
displayed and entered information will be in the English language.
After the order has been accepted by Paxton and full payment has been
received and cleared, Paxton will forward by regular post to the Buyer
- A CD containing a single user version of the Paxton Charities
Accounting run time package.
- An Activation Key that will enable the package for perpetual use for
the number of users and charity databases ordered.
- If Paxton Charities Cover has been purchased, a log in name and
password for use of the Paxton Charities Support Database.
- The Paxton Charities Accounting Active Help package.
- Instructions on installation.
- A printed VAT invoice for the purchase.
4. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Paxton Charities Accounting
the Buyer are defined in the Paxton Charities Accounting End User
5 PAXTON'S RIGHTS
5.1 Paxton reserves the right to periodically update prices on the
PaxtonCharities Website, which cannot be guaranteed for any period of
5.2 Paxton reserves the right to withdraw or discontinue to offer any
Goods and/or Services from the PaxtonCharities Website at any time and
shall not be liable to anyone as a consequence.
6. LIMITATION OF LIABILITY
6.1 In the event of any breach of these Terms and Conditions by Paxton
the remedies of the Buyer shall be limited to damages which shall in no
circumstances exceed the price of the Goods and/or Services and Paxton
shall under no circumstances be liable for any indirect, incidental or
consequential loss or damage whatever.
6.2 Nothing in these Terms and Conditions shall exclude or limit the
liability of Paxton for death or personal injury resulting from the
negligence of Paxton or its employees.
No waiver by Paxton (whether express or implied) in enforcing any of its
rights under this contract shall prejudice its rights to do so in the
8. FORCE MAJEURE
Paxton shall not be liable for any delay or failure to perform any of
its obligations if the delay or failure results from events or
circumstances outside its reasonable control, including but not limited
to, acts of God, strikes, lock outs, accidents, war, fire, failure of
any communications, telecommunications or computer system, breakdown of
plant or machinery or shortage or unavailability of raw materials from a
natural source of supply, and Paxton shall be entitled to a reasonable
extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid,
illegal or unenforceable for any reason by any court of competent
jurisdiction such provision shall be severed and the remainder of the
provisions hereof shall continue in full force and effect as if these
Terms and Conditions had been agreed with the invalid illegal or
unenforceable provision eliminated.
10. CHANGES TO TERMS AND CONDITIONS
Paxton shall be entitled to alter these Terms and Conditions at any time
but this right shall not affect the existing Terms and Conditions
accepted by the Buyer upon making a purchase.
11. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in
accordance with the law of England and the parties hereby submit to the
exclusive jurisdiction of the English courts.