Terms and Conditions
Terms and Conditions for the supply of services by ProtonVet
These Terms and Conditions set out the contractual basis on which ProtonVet provides services to You.
ProtonVet, is a trading name of Proton V Limited (company number 12438040), whose registered office is situated at 18 Holly Road, Farnborough, Hants GU14 0EA UK.
(i) Proton Vet provides services through remote connectivity.
(ii) Services may be provided Worldwide by telephone, email or camera connections (e.g. Skype, Zoom, etc.).
(iii) The services of Proton Vet are provided by vets located in and governed by the rules of veterinary practice of the United Kingdom regardless of where they are received by You.
(iv) This agreement is covered by the Laws of England and Wales and the Parties agree to the exclusive jurisdiction of the professional veterinary tribunals or Courts of England and Wales.
In these Terms and Conditions;
1.1 “Advice” means any advice provided by ProtonVet where You have accepted these terms and conditions and submitted a Case before us;
1.2 “Authorised Users” means, where You are a commercial organisation, employees who have been specifically authorised to seek Advice and who have read these terms and conditions;
1.3 “Case” means the details of a Client’s case, including all Client Materials, submitted to ProtonVet by the Client (in respect of which the Services are provided);
1.4 “Client” or “You” means the person, firm or company purchasing the Services;
1.5 “Client Materials” means any oral or written description recorded or noted, digital or photographic materials, images, documents provided by the Client;
1.6 “Confidential Information” means any information provided or otherwise made available by either Party (whether before, during or after the commencement of the Contract) to the other Party and which is marked as “confidential”, or is stated to be confidential, or is reasonably understood in the circumstances of the Advice to be confidential;
1.7 “Contract” means this contract for services entered into between the Client and Proton Vet incorporating these Terms and Conditions;
1.8 “Fees” means the fees payable to Proton Vet by the Client in relation to each Case as specified by Proton Vet prior to commencement of the Services and shall include any disbursements or expenses which are specified. The Client shall also be responsible for any sales tax or VAT chargeable on the Fees;
1.9 “Instructions” means details and background to any Case provided by the Client for the purpose of obtaining Advice;
1.9 “Registration” means online registration by the Client on Proton Vet’s website;
1.10 “Case Report” means a report created or developed by or on behalf of Proton Vet for the Client in relation to a Case;
1.11 “Services” means the services to be provided to the Client by Proton Vet regarding each Case together with any other services that Proton Vet provides or agrees to provide to the Client;
- Supply of Services
2.1 Proton Vet conforms to the Royal College of Veterinary Surgeons (“RCVS”) Practice Standards and all of our veterinarians are subject to the RCVS Code of Professional Conduct.
2.2 Proton Vet provides Services only to Clients who are licensed and qualified Veterinary practitioners within the jurisdiction from where they are seeking advice.
2.3 We may need certain information from You so that we can carry out the Services. We will contact You to ask for this information. If You do not give us this information within a reasonable amount of time, or if You give us incomplete or incorrect information, we will not be liable for any delay in providing Advice or other veterinary service or any injury or death caused to an animal as a result.
2.4 All Proton Vet Advice is based exclusively on the Material submitted by the Client. You shall be responsible for application of the Advice in professional practice and Proton Vet shall not be responsible or liable for such application or any determination made by You on the basis of such Advice. In particular, the Client undertakes to verify that any recommendations for treatment are in line within the local licensing rules of their particular geographic location.
2.5 Proton Vet shall use all reasonable endeavours to meet any dates for the provision of the Services which may be agreed between the Parties from time to time, but these are all estimates only and time shall not be of the essence for the provision of any of the Services.
2.6 Proton Vet reserves the right to charge for any additional services requested by the Client which Proton Vet reasonably believes do not fall within the scope of the original Service, and which Proton Vet agrees (at its absolute discretion) to provide. However, no such charges will be made or additional services provided without the prior agreement of the Client.
2.7 Proton Vet may decline to provide Advice where You have failed to pay any Fees beyond the date when they were due for payment.
- Fees and Expenses
3.1 In consideration for the Services to be provided by Proton Vet, the Client shall pay the Fees to Proton Vet. When contacting us, you will have access to a price list for our services and Instructions to proceed will be a commitment to pay such price. If the service is not on the price list, Proton Vet will provide you with a fixed quote or estimate prior to providing the Advice and may require payment in advance.
3.2 All Fees are unless, previously agreed, charged in Euros and will be subject, where applicable, to Value Added Tax.
- Intellectual Property Rights
4.1 All Copyright in materials provided by the Client shall remain the property of the Client. All Copyright in materials provided by Proton Vet shall remain the property of Proton Vet.
- Obligations of the Client
5.1 The Client shall:
5.1.1 ensure that the details of Instructions are complete and accurate;
5.1.2 warrant that by seeking Advice they are a qualified Veterinary practitioner.
5.1.3 at all times comply with all relevant laws and regulations in their jurisdiction pertaining to the examination, diagnoses and treatment of animals.
5.2 The Client undertakes to Proton Vet that the Materials and Instructions it provides to Proton Vet shall be of sufficient detail and of sufficient quality to allow Proton Vet to perform its obligations under this Contract.
5.3 The Client agrees that if Proton Vet’s Advice is prevented or delayed by any act or omission of the Client, Proton Vet shall not be liable for any losses sustained or incurred by the Client that arise directly or indirectly from such prevention or delay.
- Use of information and case
6.1 Proton Vet shall be entitled to maintain and store Client Materials and shall have the right to publish anonymised Client Materials for publicity, lecturing, training or other purposes.
7.1 Each Party agrees to use the other Party’s Confidential Information solely for the purposes of the Contract and not to disclose the same, whether directly or indirectly, to any third party without the other Party’s prior written consent.
7.2 The restriction in clause 7.1 shall not apply to Confidential Information which was public knowledge or already lawfully known to the receiving Party at the time of disclosure to it, or which subsequently becomes public knowledge other than by a breach of a duty owed to the first disclosing Party.
7.3 Either Party may disclose Confidential Information where it is required by a professional veterinary body, insurer, government agency or is subject to a court order for disclosure.
8.1 Except as expressly set out in the Contract, all warranties, conditions and other terms implied are, to the fullest extent permitted by law, excluded from this Contract.
8.2 Proton Vet shall use reasonable care and skill in providing the Services
8.3 Proton Vet is not responsible for any losses which are not directly caused by any breach of Contract or which were not reasonably foreseeable at the time of Instructions being given. Proton Vet excludes liability for any pure economic loss.
8.4 Nothing in this agreement shall limit or exclude either party’s liability (a) for death or personal injury caused by their negligence, (b) for fraud or fraudulent misrepresentation; or (c) for any other act, omission, or liability which may not be limited or excluded by law.
- No rights of Third Parties
9.1 No-one other than a party to this agreement shall have the right to enforce any of its terms.
- Governing law and jurisdiction
10.1 This contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales. The courts and tribunals of England and Wales shall have sole jurisdiction.