Property Allocation Management System
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This Terms of Service (TOS) agreement is an agreement between Pentfield Nigeria Limited ("Pentfield ", “Pentfield Technologies”, "us", "we", "our") and you ("Customer", "Client", "Member", "you", "your”, "they"). Use of Pentfield’s Property Allocation Management System (PAMS) and related services constitutes acceptance and agreement to this Terms of Service (TOS) agreement as well as the Pentfield Privacy Policy.
Pentfield reserves the right to terminate this TOS for any reason or no reason. Pentfield reserves the right to refuse any service to anyone.
The features and details of the Services governed by this TOS are described on PAMS website at https://pams.pentfieldtechnologies.com. Throughout this TOS, the aspects of the Services provided to you by Pentfield, are referred to together as the "Service." Certain parts of the Service may be provided by third party vendors. These third parties may have reserved the right to make changes, including material changes, to their products and incorporated into our Service. If a third party makes a change to its products, you may not terminate this TOS based on such a change, even if it materially affects the Service.
As part of providing you with the Service, you are required to provide us with accurate and up-to-date information when setting up your account, and during the course of our business relationship. We will communicate with you by e-mail about the Service from time to time. You agree to provide us with an e-mail address that is active and monitored on a daily basis. Pentfield has no responsibility, or liability, for interruptions in the Services that we provide, or damages of any sort, based on communications that are misdirected as a result of your failure to provide us with valid contact information. The contact in our records is considered by us to be our customer and we will communicate with this contact as the account administrator. However, if there is any dispute, we will consider the person/entity who paid for the latest billing period of the account to be the owner of the account.
Pentfield reserves the right to amend its Service and subscription fees at any time at its sole discretion, and reserves the right to determine whether and when any such changes apply to both existing and future customers.
The date of the initial online order for Pentfield PAMS data storage services, will set the Account yearly anniversary date for all future billings. Data storage services are provided on a prepayment basis and fees for the Service is calculated on a monthly basis but will be billed on a yearly basis, on the anniversary date of the billing cycle of the Service. All fees are fully earned when due and non-refundable when paid save as provided for under this Agreement. The Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services. If applicable, all taxes shall be paid by the Customer.
If Customer terminates this Agreement within 30 calendar days of the software order date, and request immediate termination, they will receive a full refund of the PAMS software license fee, excluding excise or taxes imposed by any taxing authority. PAMS software cost payments that are over 30-days old are non-refundable. This Money Back Guarantee does not apply to subscription fees made for services. Customers can submit account cancellation requests by sending an email to support@pentfieldtechnologies.com and indicate immediate termination or termination at the end of the first 30 days.
Pentfield PAMS Services allow customers to order and manage multiple Projects. The subscription fee for each Project is calculated on a monthly basis but billed annually. The date of the initial online order for a Project will set a yearly Account anniversary date for all future billings of a Project.
The customer is responsible for logging into their online account at https://pams.penfieldtechnologies.com/account and renewing these subscriptions manually. Pentfield will e-mail reminder notices to the Customer regarding the renewal of these services. Customer understands that Project storage subscription fees are non-refundable save as provided under this Agreement.
Should any Project subscription credits be issued to the Customer’s account; they will be used to offset subscription fees assessed in the future. Subscription credits are not cashable and cannot be transferred.
If Customer wishes to cancel Project data storage services (subscription) for any reason, the Customer must send an email to accounts@pentfieldtechnologies.com with details of the Project to cancel and a cancellation request to our accounting department. Cancellations are effective once our accounting department process it. If Customer requests cancellation before the expiration of a twelve months subscription, there will be a pro-rated refund for the remaining months. For security and privacy reasons, data for the cancelled Project remaining on our servers will be destroyed and unrecoverable. If in any event this TOS is terminated, all customer files, data, project data and e-mail remaining on our servers after the cancellation date will be destroyed and unrecoverable for security and privacy reasons. It is the Customer's responsibility to back-up their data prior to requesting any Cancellation. Pentfield is not responsible, and Customer agrees to hold Pentfield free from, any liability or damage that Customer or any third party may sustain, should customer files and data be destroyed after any cancellation.
All payments are due in full on the anniversary date. Failure to remit payment for services on the anniversary date is a violation of this TOS. Failure to remit payment for ten (10) consecutive days, including the anniversary date, shall result in a suspension of Service. Failure to remit payment for Services within twenty-five (25) consecutive days, including the anniversary date, shall result in termination of Service. All Customer files and data remaining after twenty-five (25) days of non-payment will be destroyed and unrecoverable for security and privacy reasons.
Customer Content includes content uploaded to, submitted to, stored on or distributed by Customer via Pentfield PAMS Services. Customer Content also includes content of users as well as content provided by third parties. Customer will be solely responsible for the development, operation, and maintenance of Customer Content.
We reserve the right to immediately suspend our Service and/or terminate this TOS: (i) for a violation of any of our policies, including those incorporated by reference; and/or (ii) your failure to pay any amounts due. This right of termination is without prejudice to any other rights we may have. You are not entitled to any type of notice or protest should we decide to exercise these rights, nor will you receive a refund of any Fees save as provided under this Agreement.
Pentfield and Customer are independent contractors. Nothing contained in the TOS places Pentfield and Customer in the relationship of principal, agent, partner or joint ventures. Neither party may represent itself as having any authority to make contracts or enter into any agreements in the name of the other party.
Any feedback, data, answers, questions, comments, suggestions, idea or the like which Customer sends to Pentfield relating to the Services will be treated as being non-confidential and non-proprietary. Pentfield may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.
Customer is responsible for and must provide all internet connectivity services, computers, software, hardware, and other services necessary to use PAMS software. Pentfield makes no representations, warranties, or assurances that customer's equipment will be compatible with PAMS software.
This Agreement shall be governed in all respects by the Laws of the Federal Republic of Nigeria. Both parties submit to the jurisdiction of Courts in Nigeria. The terms of this section shall survive any termination of this Agreement.
Customer agrees to use all Services and any information obtained through or from Pentfield, at Customer's own risk. Customer acknowledges and agrees that Pentfield exercises no control over, and accepts no responsibility for, the content of the information passing through Pentfield's host computers, network, or the internet. THE PAMS SOFTWARE AND SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF PENTFIELD, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PENTFIELD PROVIDES. PENTFIELD MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. PENTFIELD IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S USERS VIA THE SERVICES PROVIDED BY PENTFIELD. NO ADVICE OR WRITTEN INFORMATION GIVEN BY PENTFIELD, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
The terms of this section shall survive any termination of this Agreement.
Customer agrees that Pentfield, under any circumstances, shall not be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Pentfield at the time) which may exist in the Services.
Under no circumstances, including negligence, shall Pentfield be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its users, or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Pentfield has been advised of the possibility of such damages.
Pentfield shall not be liable to Customer, any of its users, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Pentfield or Pentfield’s hosting company’s records, programs, equipment, or services.
IN NO EVENT WILL PENTFIELD'S LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE ACTUAL SERVICE FEES PAID TO PENTFIELD BY CUSTOMER DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
PENTFIELD CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. PENTFIELD WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
The terms of this section shall survive any termination of this Agreement.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labour disputes, accidents, acts of war or terrorism, acts of government or other legal order, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
We each warrant to the other that: (i) we have the power, authority and legal right to enter into this TOS; and (ii) we have the power, authority and legal right to perform our obligations under this TOS and all incorporated provisions.
This TOS may be assigned by Pentfield. It may not be assigned by you. This TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.
No waiver of rights under this TOS, or any other Pentfield policy shall constitute a subsequent waiver of this or any other right under this TOS.
This Agreement represents the entire agreement between the parties, and supersedes all previous agreements. All rights and restrictions contained in the Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect. Customer hereby represents that they are either, an individual entering this Agreement for their personal use and is of legal age to execute this Agreement, or a Corporation, Limited Partnership or other legal entity, validly existing under the laws of Nigeria and the person acting on behalf of Customer is authorized to execute this Agreement on behalf of Customer.