terms – Fronesyz

Terms of use

Introduction

These terms and conditions herein are the terms between you the customer and us the supplier and apply to all contracts for delivery of services offered to you by us. Your use of this website and any service contained within constitutes acceptance of these terms and conditions. You are advice to discontinue your use of this website if you do not accept these terms and conditions in full.

Conditions

No variation or addition to these terms and conditions shall be effective unless agreed in writing by Fronesyz or a duly authorised representative of Fronesyz.
No employee or agent of Fronesyz Technology Limited is authorised to make any representations concerning the services on our behalf unless such representations are confirmed in writing by us, and any representations made without the written confirmation from us may not be relied upon in connection with any contract.
Until delivery of services to you or your acceptance in writing of any quotation of Fronesyz (whichever shall first occur), no contract for services delivery shall arise.
You have the sole discretion to correct without any liability on our part and without prior notification any error or omission in any services, proposal, price list, acceptance of offer, quotation, invoice, or other document issued by us.
The order shall only be deemed to have been accepted at either the period you accept delivery of services or when you issue a written acceptance of the order at which point the contract shall come into existence.

Definitions

”Fronesyz”, “we”, “us”, “our” means Fronesyz Technology Limited.
”you”, “customer” means a user of Fronesyz website or any person who accepts a quotation for services by us or whose order for services is accepted by Fronesyz.
“services” means any product, goods or services which we need to deliver to the customer.
“conditions” means the terms and conditions set out herein and any special or additional conditions agreed in writing by us.
“writing” includes by post mail, SMS, or email

Prices

The price for our services shall be that of our current price list sent to you unless otherwise agreed in writing by us. All prices are exclusive of VAT and delivery charges, and all of which shall be paid in addition as agreed in writing.

Payment

Our payment methods shall include online payment and bank transfer. Fronesyz is prepared to consider applications for cheque or credit accounts from corporate customers subject to approved references. Non-corporate customers are required to make full payment of any invoice before delivery of services. Customers with credit accounts must make payment in full on the terms of credit agreed which shall not be more than from the end of the month following the date of invoice unless otherwise agreed in writing.

Delivery of Services

We shall take all reasonable steps to keep to any estimated delivery date, but time shall not be of the essence. we shall not be liable for any losses consequential or otherwise arising directly or indirectly out of any failure to meet an estimated delivery date. We reserve the right to make delivery in advance of the quoted delivery date on giving reasonable notice to you.

Ownership and Risk

When we deliver our services and you retain the product, the risk shall be passed to you the customer. Title to the services shall remain vested on us the supplier until the invoice for the goods has been paid in full. You shall hold the services as our fiduciary agent and bailee until such time as title to the services passes to you and shall keep the services in good condition, protected, insured, and identified as our property. You shall not remove, deface, or obscure any identifying mark or branding on or relating to the services and shall maintain it in satisfactory conditions.

We reserve the right to cancel or suspend all further deliveries or maintenance as agreed in the contract or under any other contract without incurring any further liability, and all outstanding sums in respect of such services delivered shall become immediately due under relevant events.

Below are the relevant events.

you suspend, or threatens to suspend, payment of debts, or unable to pay debts as they fall due or admits inability to pay debts.
as a company or entity, a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of your business, other than for the sole purpose of a scheme for a solvent amalgamation of your business with one or more other companies or the solvent reconstruction of the business;
as an individual, you are subject of a bankruptcy petition or order;
as a company an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the customer;
you suspend, threatens to suspend, ceases, or threatens to cease to carry on all or substantially the whole of your business;
Your financial position reduces to such an extent that in our opinion on your capability to adequately fulfil your obligations under the contract has been placed in jeopardy; and
as an individual, in cases of death, or by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.

Termination of the contract, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination. Clauses which expressly or by implication survive termination of the contract shall continue in full force and effect.

Whilst the purchase price for any of our services delivered shall remain overdue for payment either wholly or in part without prejudice to any of its other rights we may recover and/or resell the products or any of them and shall be entitled to recover any costs incurred in connection with such recovery.

Until payment for any services has been made in full you shall not pledge, charge by way of security or in any other way encumber the service which remain the property of Fronesyz.

Warranties

We warrant that the service delivered to you will correspond with the description given and delivered and such warranty is given subject to the following conditions:
We accept no liability for any defect arising on errors or omissions in any product specification or design supplied by us.
We shall accept no responsibility for any defect in the services arising from wilful damage, neglect, failure to follow supplier’s instructions, failure to follow the supplier’s oral or written instructions as to the usage of services, maintenance, or installation, without any written approval from us, you should not alter, abuse, or make any repairs, and any abnormal working conditions should be reported during the warranty period.
Warranty for any service rendered shall not come into force unless the invoice for the goods was paid in full by the due date.
The benefit of any warranty or guarantee given by us for the services will be passed to the customer on delivery date.
You may decide to purchase an extended warranty from us on terms to be agreed in writing.
Any liability in connection with claims made under the contract shall not exceed the price of the services actually paid unless otherwise specifically agreed in writing.
We shall not be liable for any delay in delivery of the goods or services that is caused by a Force Majeure or the customer’s failure to provide us with adequate product information or any other information relevant to the supply of goods or services.

Limitation on Liability

The material displayed on our website is provided without any guarantees, conditions, or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law, or the law of equity.

Any liability for any direct, indirect, or consequential loss or damage incurred by any customer in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of data;
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Events Outside our Control

We shall not be liable for delay or failure to perform any obligation under these terms and conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of God, natural disasters, war, civil disorder or industrial dispute affecting us directly or affecting partners, suppliers, service provider etc. that we rely on to deliver our obligation.

Cancellation of Contract

No contract may be cancelled once it is accepted, and no product or services may be returned except at our absolute discretion.
Any alleged defect in our services must be notified to us within agreed number of days of the date of delivery. If delivery is not refused, and the customer fails to notify us within the time stated no rejection of the services will be accepted and the full purchase price shall be payable by the customer.
In the event of a defective goods or services, and a valid claim has been made, we shall at our discretion be entitled to maintain the services free of charge and we shall have no further liability to the you.
Unless otherwise agreed in writing by us, no maintenance for returned services will be given in the case of services returned other than by reason of defect.
Services requested by customers other than those included in our solutions offering will not be accepted for return except where specifically agreed in writing by us.

Notices

Any notice required to be given by the you shall be sent via email to info@fronesyz.com or in writing addressed to our registered office or principal place of business.

Third Parties

These terms and conditions are between you and us. They do not apply to or benefit any third party and are not reliant on any third party.

Entire Terms and Condition

These terms and conditions set out the entire agreement and understanding between you and us.

Indemnity

“>By your use of our website, you hereby indemnify us and undertake to keep us always indemnified now and in the future against all possible claims relating to any breach of these terms and conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these terms and conditions.

Governing Law

The contract, these conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of the Federal Republic of Nigeria, and the parties irrevocably submit to the exclusive jurisdiction of the laws of the Federal Republic or Nigeria.

Variation

We reserve the right to make changes to these terms and conditions at any time, without giving any prior notice to you. Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website.

Severability

The paragraphs, sub-paragraphs and clauses of these Terms and Conditions shall be read and construed independently of each other. Should any part of these Terms and Conditions or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs, and clauses.

Waiver

Failure by us to enforce any accrued rights under these terms and conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.

Privacy

We take your privacy seriously. We comply with the General Data Protection Regulation (GDPR). For further details please see our Privacy Policy.

Jurisdiction

These terms and conditions shall be interpreted, construed, and enforced in accordance with the laws of the Federal Republic of Nigeria and shall be subject to the exclusive jurisdiction of the Nigerian High Courts.

Our contact details are as follows:

Fronesyz Technology Ltd

4 Odutola Close, Ajanaku Street,

Opebi, Lagos

Nigeria

Email: info@fronesyz.com

Telephone: 07046700040

Company registration number: 1966757