Myoxygen Terms and Conditions

1. Kioty Ltd T/A Myoxygen will not at any time divulge or allow to be divulged to any person any confidential information relating to the Client other than that expressly required by any agreement.

2. Kioty Ltd T/A Myoxygen will not cause or permit anything which may damage or endanger the Intellectual Property of the Client or assist or allow others to do so.

3. Kioty Ltd T/A Myoxygen reserve the right to delegate, assign or sub-contract any duties or obligations arising under any agreement where necessary and such duties or obligations to be specified in a supplier's event contract.

4. Kioty Ltd T/A Myoxygen agree to maintain public liability insurance to cover liabilities and to indemnify and keep indemnified the Client from and against any damage suffered resulting from any neglect or default of Clarity Projects Ltd employees or agents.

5. Kioty Ltd T/A Myoxygen shall not be liable to the Client for the death of or injury to the Client, loss or damage to the Kioty Ltd T/A Oxygen unless due to the negligence or other failure of Kioty Ltd T/A Myoxygen to perform its obligations under this agreement or under the general law.

6. For the avoidance of doubt in the event of inconsistencies between the proposal and any project/technical specification, the project/technical specification Terms shall prevail.

7. Kioty Ltd T/A Myoxygen requires the Client to make prompt payments as described in 'Payment Details'. Failure on the part of the Client to make punctual payment of all sums due to Kioty Ltd T/A Myoxygen shall be deemed a fundamental breach of any agreement and as such Kioty Ltd T/A Myoxygen shall no longer be liable to perform any outstanding liabilities under that agreement.

8. Kioty Ltd T/A Myoxygen standard 'Payment Details' are for a 50% deposit to confirm Projects and the balance to be paid on completion.

9. All sums due from the Client, which are not paid on the due date, shall bear interest from day to day at the annual rate of 2% over the base lending rate of Royal Bank of Scotland.

10. The Client may cancel the agreement at any time before one calendar month preceding the event date and shall then be liable to pay the deposit as stated in Payment Details and all expenses and costs incurred by Kioty Ltd T/A Myoxygen. On cancellation within one month of the event date the total amount due is payable.

11. Once payment has been received by Kioty Ltd T/A Oxygen the project/specification is considered complete and there is no liability for further work in respect of that project/specification whatsoever.

12. Force majeure – both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties renders the performance of this agreement impossible whereupon all money due under any agreement shall be paid immediately and in particular all arrears of payments and all expenses and costs incurred.

13. Each party acknowledges that any agreement and the conditions contain the whole agreement between the parties and that it has not relied upon any oral or written representation made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it.

14. Any agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England.