TERMS & CONDITIONS|
In this agreement:
- ‘Agreement’ means these Terms and Conditions and any Form, token, internet database field or voucher that the client may complete to request supply of the Services or Product.
- ‘Company’ means PATT FOUNDATION Ltd, a non-profit charitable organisation registered in the United Kingdom, number 05610212 whose registered office is 20 5 Jupiter House, Calleva Park, Aldermaston, Reading, Berkshire, RG7 8NN United Kingdom.
- ‘Client’ means the individual, company or organisation who has ordered the Services or Product from the Company.
- ‘Services’ means the supply of any good or service advertised on the website, including but not limited to the supply of merchandise, tree planting services, tree dedication services, carbon offset facilities, emissions Calculations, and/or related promotional effort, technical support, advice, education programmes, nurseries.
- ‘Calculations’ means any assessment of the Client’s greenhouse gas emissions (which is carried out by the Company on data provided by the Emissions Agencies) for the individual, event, site, branch, business area, or activity indicated on the Form as requested by the client.
- ‘Emissions Agencies’ means the United Nations Development Programme’s Human Development Report (UNDP, HDR) for developed nations, the World Resources Institute’s Climate Analysis Indicators Tool (WRI, CAIT) and GHG Protocol, UK DEFRA, and UK DFT, which are the Company’s preferred suppliers of greenhouse gas emissions assessments and other related services (or any other independent third party appointed by the Company to provide the Services).
- ‘Sequestration Advisor’ means the calculations undertaken using the tree absorption method for carbon dioxide in the programme CO2 Fix as provided by representatives of the Asian Institute of Technology.
- ‘Emissions’ means greenhouse gas emissions measured in tonnes of carbon as estimated by the Emissions Agencies or otherwise as agreed between the Company and the Client.
- ‘Form’ means one of more forms, letters, emails or web pages which state the Emissions to be offset and the price payable for the Services.
- ‘Partners’ means the owners of land used for tree planting projects, the project implementation agencies, or the administrators of technology used for providing carbon offset facilities and calculations.
By requesting the provision of the services, product, and/or accepting any proposal produced by the Company in performance of the Services, the Client shall be deemed to have accepted the terms and conditions of this Agreement, which shall govern the provision of the Services or Product. For the avoidance of doubt, the Company will also be entitled to invoice and expect payment for the Services according to Section 7, ‘Fees and Cancellation’ and Section 8, ‘Payment Terms’ of this Agreement.
2. REQUEST FOR SERVICES
By accepting the terms and conditions of this Agreement, the Client requests from the Company a carbon offset facility sufficient to offset the greenhouse gas emissions from all applicable emission as described in Section 1, ‘Acceptance’, above. Calculation of the Total Emissions and their associated offset is as described in Section 3, ‘Conditions of Provision of the Services’, below.
3. CONDITIONS OF PROVISION OF THE SERVICES
The Company through its Partners will make available to the Client a forestry carbon offset facility calculated by the Sequestration Advisor as being sufficient to offset the Emissions as stated on the Form. The forestry facility is a commitment to plant and maintain woodland such that, if maintained over the requisite period of 40 years minimum there will be sufficient uptake and storage of carbon to counter by sequestration from the atmosphere the cumulative radioactive forcing effect induced by the emission of the number of tonnes of carbon stated on the Form. The location of the woodland as the forestry carbon offset facility may be anywhere in the world and will be selected by the Company for the Client. The Client does not have rights of ownership in that woodland. In the unlikely event of this woodland ceasing to be available e.g. through destruction by fire or on compulsory purchase, the Company agrees to make available from elsewhere an alternative facility.
Tree planting or dedication
The Company in conjunction with its partners will plant the agreed number of trees, such number to be agreed on the Form or invoice, as requested by the donor as appropriate and subject to seasonal conditions, location suitability and partner availability and may be anywhere in the world. All locations and timing of planting will be at the discretion of the company within specified planting seasons (details available on request) which are set by its planting partners. The donor assumes no ownership of trees or projects. Where possible the Company will endeavour to plant trees in projects with public access.
All carbon offset calculations are made on a best available data, basis based on models, data and scientific knowledge available at the time of calculation. In the event of any change in these, the Company will not be liable for any shortfall.
Details of other specific services to be performed by the Company for the Client shall be set out in the Form or in any other document sent by the Company to the Client which shall be signed off by the Client and the Company and shall thereby be incorporated into and form part of this Agreement.
All performance dates for the Services estimated by the Company, are approximate only and the Company shall not be liable for any delay in performance howsoever caused. Time for performance of the Services shall not be of the essence.
5. CARBON FREE
Carbon Free is protected under copyright to the Company with all rights reserved. Through purchase of the Services (as set out above), the Client is licensed to use the trademark only in relation to the event or activity and for the period which is agreed by the Company in writing as being Carbon Free. This right is non-exclusive and may not be sub-licensed. Carbon Free may be used only in the distinctive style in which the Company uses it, for which the Company will on written request and approval supply artwork (“Artwork”). The Client agrees not to use the term or any confusingly similar words or mark in any other way. The Client undertakes not to challenge the validity of the trademark. The Client hereby assigns by way of future assignment all goodwill associated with its use of the trademark (but no greater or other goodwill) to the Company. If any provision of this Agreement is breached by the Client, this right to use the Carbon Free term may be withdrawn and the Client agrees to cease any further use. The Artwork and the term is the Company’s property with no rights transferring to the Client.
Any publicity relating to the Services provided will be subject to separate agreement, which must be agreed between the Company and the Client and the Client agrees to notify and consult the Company in this regard. Unless agreed otherwise by both parties, details in this Agreement, in particular pricing, remain confidential between the parties.
The Company reserves the right to mention the Client in its client lists.
7. PAYMENT TERMS, FEES & CANCELLATION
The actual fees payable for the Services shall be set out in the Form issued by the Company and shall be settled before any Services will commence. All sums referred to in this Agreement shall be payable in full. All payments hereunder shall be paid in the currency stated on the Project Confirmation Form.
8. INTELLECTUAL PROPERTY RIGHTS
The Client acknowledges and agrees that, unless otherwise agreed between the parties, all property, copyright and other intellectual property rights in work assigned from or created, produced or developed by the Company pursuant to this Agreement, including without limitation any right, title or interest in and to the Services, shall immediately upon creation or performance vest in and shall be and remain the sole and exclusive property of the Company. The Company may assign such rights to the Client subject to the payment of an additional fee to be agreed.
The Client warrants that all information provided to the Company will be up to date and accurate and that it is entitled to provide the same to the Company for its use without recourse to any third party.
The Client may request to have the existence of the tree planting and its continued fulfillment of the carbon offset requirement as stated on the Form verified. The Company will quote a fee for such verification.
The Company’s entire liability to the Client for breach of its obligations under this Agreement in tort (including negligence) or in contract law is limited to the sum payable under Section 8 (save as in relation to loss or damage for personal injury or death caused by its own negligence). The Company does not in any circumstances accept liability for loss of goodwill, business or profit, for any indirect loss or consequential loss, except as otherwise provided by law. Further the Company excludes liability for the negligence of the Science Advisor and its Partners.
12. FORCE MAJEURE
The Company shall not be liable for any delay in performing or failure to perform its obligations hereunder to the extent that such delay or failure results from any cause or circumstance beyond its reasonable control (an ‘event of force majeure’) including, but not limited to, any default or delay of its Partners, or any third party supplier or sub-contractor and any governmental action. If any event of force majeure occurs, the date(s) for performance of the Company’s affected obligation(s) shall be postponed for as long as is made necessary by the event of force majeure. If any event of force majeure continues uninterrupted for a period of 6 months, either party may terminate this Agreement immediately by written notice to the other.
13. LAW AND JURISDICTION
The laws of England shall govern the construction, validity and performance of this Agreement which shall be subject to the non-exclusive jurisdiction of English courts.
Any notice or consent under the Agreement constituted by these terms and conditions must be in writing. All the terms of the agreement between the parties in relation to the subject matter of this Agreement are set out in it, and it is acknowledged that neither the Client nor the Company enter into this Agreement in reliance on any representation, undertaking or promise implied or otherwise made by the other.
Neither party shall have any remedy in respect of any misrepresentation made upon which it has relied in entering into this Agreement (unless such misrepresentation was made fraudulently).
Our Refund Policy for the PATT Foundation.
If you would like to request a refund on the payment made to the PATT Foundation, please submit in writing immediately your request and reason for refund. Refunds will only be given at the discretion of the Foundation Management and may also deduct an administration charge from any refunds made, in order to cover the cost of processing the payment and any expenses incurred. Please write to email@example.com and mark the email “Refund Request”.