Supply of Services Agreement Training Services

SUPPLY OF SERVICES AGREEMENT

 

THIS Supply of Service Agreement is made and entered on this ___ day of ____ 2022 (hereinafter referred to as “Agreement”).

 

                        BETWEEN 

 

1. Happy Paw Ark Private Limited, a company incorporated under the laws of Singapore with its registered office at 450 MacPherson Road Singapore 368170 and unique entity number 202236755H (the “Supplier”).

 

2. [Full Name of Licensed Dog Owner as per NRIC/Work Pass/Passport] of [Residential address of Licensed Dog Owner] (the “Customer”).

 

The Supplier and the Collectively referred to as the “Parties” or individually as a “Party.”

 

BACKGROUND

 

The Supplier is engaged in the business of training for dogs. 

 

The Customer is an individual who is the AVS registered owner of the pet dog and is desirous to engage the Supplier for their services. 

 

Further, the Supplier agrees to provide the Services (as hereinafter defined) to the Customer on the following terms.

 

Agreed terms

• KEY TERMS

1. Applicable Laws shall mean any applicable law, statute, rule, regulation, ordinance, guideline, by- law, or subordinate legislation whether in effect in Singapore on the date of execution of this Agreement or thereafter and all amendments to the same which come into force from time to time with which the Parties must comply with while discharging their obligations under this Agreement;

 

2. Agreement shall mean to include this Agreement and any schedule and/ or annexure attached to it or incorporated in it by reference and shall include any modifications of this agreement as may be mutually agreed in writing by the Parties. 

 

3. Commencement Date shall mean the date of execution of the Agreement i.e ________(dd/mm/yy);

 

4. Confidential Information in relation to each Party, means any information marked or otherwise recognizable as confidential or which is manifestly secret or confidential, and shall include:
   1. information relating to customers of either Party and/ or its affiliates (including personal information);
   2. commercial, financial, marketing, technical or other information or data relating to a Party’s or its affiliates business and activities, information, relating to research, development, formulae, process, designs, photographs, know- how, drawings, specifications, prospective business future products, price lists and other information relating to customers, suppliers, and employees, partners, licensors or marketing plans to the licensed software, source code, system processes, programme documentations, testing procedure, technique, software design and
   3. trade secrets, whether disclosed orally or in writing in whatever medium, together with any reproductions of such information in any form or medium or any part(s) if this information;

 

5. Fees shall mean the fees payable to the Supplier as per Clause 5 and in accordance with Schedule II of this Agreement.;

 

6. Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, topography rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for, renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

 

7. Payment Schedule shall mean the dates and stages for payment of the Fees, as particularly detailed in Schedule II to this Agreement;

 

8. Services shall include the services to be provided by the Supplier pursuant to this Agreement, as more particularly detailed in Schedule I herein below;

 

9. Service Period shall mean and include the period as provided under Clause 3.

 

10. Supplier Proprietary Rights shall mean all Intellectual Property Rights that are owned by or licensed to the Supplier and which are or have been developed independently of this Agreement, that are necessary or desirable to enable the Customer to receive and use the Services. 

• INTERPRETATION 

    In this Agreement:

 

1. unless otherwise specified, all references to recitals, clauses and schedules are recitals to, clauses of, Schedules to, this Agreement;

 

2. unless the context otherwise requires, words denoting the singular number shall include the plural and vice versa and reference to one gender includes reference to the other gender; 

 

3. any reference made to communication in writing or in written, shall include emails. Communication via email shall be considered a suitable medium for any pre- approvals or approvals to be taken by the Supplier and its response thereto by the Parties for the purpose of this Agreement. 

 

4. references to any enactments, rules, regulations or ordinances shall include re-enactments, amendments and extensions thereof from time to time; 

 

5. the Recitals, Clauses, Schedules to this Agreement form an integral part of this Agreement and will be in full force and effect as though they were expressly set out in the body of this Agreement; 

 

6. where any act, matter or thing is required by this Agreement to be performed or carried out on a certain day and that day is not a business day then that act, matter or thing shall be carried out or performed on the following business day;

 

7. the words “include” and “including” are to be construed without limitation unless the context otherwise requires or unless otherwise specified. Further, the terms “include” and “including” shall be construed as being by way of illustration or emphasis only and shall not be construed as, nor shall take effect as, limiting the generality of any preceding words;

 

8. the terms “hereof”, “herein”, “hereby” and derivatives or similar words refer to this entire Agreement and not to any particular clause, article or section of this Agreement. 

 

9. any date or period of time mentioned in this Agreement shall, unless extended by mutual written agreement of the Parties prior to the expiry of the specified date or period of time, be of the essence. 

• ENGAGEMENT AND TERM

1. Subject to the terms and conditions contained in this Agreement, the Parties hereby agree that the Supplier shall provide its Services, as more particularly described under Schedule I (hereinafter referred to as a “Services“) to the Customer in lieu of the Fees mentioned in Clause 5. 

 

2. The Agreement shall come into force from the Commencement Date and shall continue in full force and effect for a period as mutually agreed between the Parties, (referred to as “Service Period“). At any time prior to the expiration of the Service Period under this Agreement, the Parties may, by mutual written agreement, extend this Agreement for such additional periods as may be mutually agreed between the Parties.

• OBLIGATIONS OF THE PARTIES

1. During the Service duration, the Supplier agrees and undertakes to:

 

1. Assign the appropriate trainer for the Customer’s stated objectives for the dog; 

 

2. maintain the safety of the Customer’s pet dog;

 

3. maintain the cleanliness of the Supplier’s premises and equipment in which the Customer’s dog is housed temporarily for the training;

 

4. to take full care of the Customer’s dog, including hydrating and feeding the dog routinely (if required);

 

5. provide the Services to the Customer in accordance with the requirements of this Agreement;

 

6. perform the Services with all due care, skill and ability in accordance with the reasonably acceptable practices in the relevant industry, profession or trade;

 

7. ensure all personnel involved in the carrying out of the Services have suitable skills and experience;

 

8. promptly notify the Customer of any expected delays or problems in providing the Services and any circumstances which may prevent proper and timely delivery of the Services; and

 

9. upon the Customer’s request, within reasonable time, provide such information and reports to the Customer in connection with the progress of performing the Services;

 

10. comply with all applicable laws and regulations; and

 

11. where the Supplier is given access to the Customer’s premises, comply with all applicable terms of use, standards of safety and health and any other reasonable security requirements or measures from time to time in force at such premises.

 

2. The Customer hereby agrees and undertakes to:

 

1. accept all terms of Service of this Agreement as well as the terms enumerated in detail under Schedule III to this Agreement (hereinafter referred to as “Acceptance Criteria“);

 

2. disclose/ update the Supplier with any ongoing or pre-existing medical condition of the pet dog.

 

3. provide clear instructions to the Supplier, and co-operate with the Supplier where reasonably requested during the Service Period;

 

4. to provide, at no additional charge, Dog Food, Bedding (optional), Medication (if required), Dog Treats, and any other necessary equipment, materials and/or tools that are in good working order as the Supplier may reasonably request for the performance of the Services.

 

5. keep the Supplier updated of any change in the contact details.

• FEES

1. In consideration of the performance of the Services, the Customer shall pay the Fees to the Supplier in accordance with the Payment Schedule as provided under Schedule II to this Agreement.

 

2. In lieu of the Fees payable under this Agreement, the Supplier shall raise an invoice simultaneous to the execution of this Agreement. The Customer will be obliged to pay the requisite Fees at least, 3 (three) days before the date of reservation.

 

3. It is agreed and acknowledged by the Parties that the Services shall commence after the Fees has been duly received by the Supplier. 

 

4. Without prejudice to any other right or remedy that the Supplier may have, if the Customer fails to pay the Supplier on the due date of payment, the Supplier may suspend the provision of any further Services until payment has been made in full.

 

5. The Fees excludes goods and services tax, value added tax or any other applicable taxes, which (if applicable) shall be invoiced by the Supplier and paid for directly by the Customer at the prevailing rate.

 

6. The Customer shall pay the Fees to the Supplier by such payment method as agreed by the Supplier in writing. Time is of the essence for the payment of the Fees.

 

7. Notwithstanding any other provision of this Agreement, all sums payable to the Supplier under this Agreement shall become due immediately upon termination.

 

8. The Customer shall pay all amounts due under this Agreement in full without any deduction except as required by law, and shall not be entitled to assert any credit, set-off or counterclaim against the Supplier in order to justify withholding payment of any amount due, in whole or in part.

• REPRESENTATIONS AND WARRANTIES

1. The Supplier represents and warrants to the Customer that as of the date of the Agreement:

 

1. it has the full power and authority to enter into, execute and deliver this Agreement and to perform the transactions contemplated herein and is duly incorporated or organised and validly existing under the laws of the jurisdiction of its incorporation or organization;

 

2. the execution and delivery of this Agreement and the performance by the Supplier of the obligations contained herein have been duly authorized by all necessary corporate or other action;

 

3. this Agreement constitutes legal, valid and binding obligations, enforceable against it in accordance with its terms;

 

4. the execution and performance of this Agreement by the Supplier does not and will not violate any provision of any existing agreement, law, rule, regulation any order or judicial pronouncement; 

 

5. no liquidation, dissolution, winding up, commencement of bankruptcy, insolvency, liquidation or similar proceedings, whether voluntary or involuntary, with respect to it, is pending or has been pending, or to the knowledge of the Supplier, is threatened;

 

6. the Supplier undertakes to comply with all Applicable Laws related to such Party’s performance under this Agreement, including all applicable domestic- anti corruption, anti-bribery and any other such laws; and

 

7. the Supplier possesses all governmental approvals, consents, and permissions required under Applicable Laws for the performance of its obligations under this Agreement and is in compliance with all conditions in each such governmental approval. Further, it has not received notice of cancellations, default or dispute concerning or amendment or modification of any such governmental approvals, consents and permissions. 

 

2. The Customer furthermore expressly undertakes that, at all times during the subsistence of this Agreement, it will:

 

1. abide by the Supplier’s policies and guidelines, as may be applicable to the Supplier;

 

2. not describe itself as an agent or representative of the Supplier or make any representation to third- parties or give any warranties which are of such nature that the Supplier may be required to undertake, or be liable for, whether directly or indirectly;

 

3. not at any time use the intellectual property of the Supplier in any manner without the prior written consent of the Supplier;

 

4. read and comply with all schedule/ annexures to the Agreement;

 

5. comply with all obligations as provided for under Clause 4.2; and

 

6. comply with all terms and conditions as provided under this Agreement and under the schedules/ annexures to this Agreement. 

• CONFIDENTIALITY 

1. Each Party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other Party or of any member of the group of companies to which the other Party belongs, except as permitted by Clause 7.2.

 

2. Each Party may disclose the other Party’s Confidential Information:

 

1. to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the Party’s obligations under this Agreement. Each Party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other Party’s confidential information comply with this clause; and

 

2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

 

3. No Party shall use any other Party’s Confidential Information for any purpose other than to perform its obligations under this Agreement.

• INTELLECTUAL PROPERTY

1. The Customer shall not use any Intellectual Property Rights of the Supplier except as the Supplier may authorise in writing. If the Customer comes to know of any instances of misuse of any of the trademark, copyright, patent, trade secrets, industrial design of the Suppler by any third parties, it shall forthwith notify the Supplier and render all reasonable assistance to the supplier in any proceedings that the Supplier may take to prevent such misuses. 

 

2. The Customer undertakes to not reproduce, copy, modify or adapt, communicate, publish, reveal, supply, distribute or commercially exploit the intellectual property of the Supplier. The Customer agrees, warrants and undertakes that it shall take all necessary measures to ensure that any intellectual property of the Supplier under this Agreement is not infringed, passed- off, diluted, reverse-engineered, hacked into, misappropriated, tampered with and/or copied for any other reason. 

 

3. The Supplier and its licensors shall retain ownership of all existing and future Intellectual Property Rights in the Services. 

 

4. The Supplier and its licensors shall retain ownership of all Supplier Proprietary Rights.

 

5. The Supplier grants the Customer, or shall procure the grant to the Customer, a worldwide, non-exclusive, royalty-free licence to use the Supplier Proprietary Rights for the duration of Service Period to such extent as is necessary to enable the Customer to make reasonable use of the Services. The Customer shall not sub-licence or transfer any Supplier Proprietary Rights.

 

6. This clause shall survive the expiration or termination of this Agreement. Any breach of this clause by the Customer shall be treated as material breach of this Agreement in terms of Clause 9 of this Agreement. 

• TERMINATION 

• It is mutually agreed between the Parties, that in the event either Party wishes to terminate the Agreement prior to the expiration date, the Party seeking such termination shall provide a prior written notice of not less than 30 (thirty) days, without assigning any reasons.

2. Without prejudice to any accrued rights or remedies available to it, either Party may terminate this Agreement with immediate effect by giving written notice to the other Party if at any time a Party:

 

1. commits any serious or repeated breach of any of the provisions of this Agreement;

 

2. is grossly negligent or incompetent in the performance of the Services;

 

3. fails to pay Fees upon receipt of the invoice within the specified time period or such period as agreed between the Parties;

 

4. suspends or ceases to carry on all or a substantial part of its business;

 

5. suspends or is unable to pay its debts when they fall due;

 

6. is (where the Party is an incorporated entity) declared bankrupt or makes any arrangement with or for the benefit of his creditors;

 

7. is (where the Party is an individual) incapable of performing his obligations under this Agreement (by reason of illness or incapacity or otherwise) for an extended period; or

 

8. Where such Party is an incorporated 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 the Party (other than for the sole purpose of a scheme for a solvent amalgamation or solvent restructuring).

 

3. If the Customer breaches any of the conditions as provided under Schedule III to this Agreement, the Supplier shall terminate the Service(s) with immediate effect and request the Customer to receive the pet dog from the Supplier’s premises. In the event, the Customer is unable to or fails to receive their pet dog, the Supplier shall assume the pet dog to be abandoned and shall report the pet dog to NPARKS AVS;

 

4. Upon termination each Party shall immediately:

 

1. return all properties of the other Party (including all intellectual property, equipment, materials and tools provided by the other Party and all documents, data and information provided by or relating to the other Party) in its possession or under its control to the other Party; and

 

2. irretrievably delete any Confidential Information of the other Party (on whatever media and wherever located), including any business contacts or customers lists.

 

5. Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities of the Parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.

• CANCELLATION POLICY

1. The payments referred to herein shall not be refundable under any circumstances, including but not limited to the termination of this Agreement for whatever reason.  Further, on the issuance of credit notes, credits are applicable only towards future fees for use of the Services and are not convertible into cash or any type of refund.

 

2. It is agreed and acknowledged by the Parties that in the event the credit note, as issued to the Customer, is destroyed or lost, the Supplier will not issue another credit note and further shall not be held liable for any of its Services as provided. 

 

3. It is agreed by both the Parties that the credit note will be valid for a period of 1 month.

• The Supplier may provide the Customer with an option of cancellation and/or issuance of credit notes in the following circumstances:

1. If the Customer cancels the training service 3 (three) or more days prior to the reserved date, no cancellation fee shall apply. However, if the Customer has made the full payment before such cancellation, the Supplier shall issue the Customer with a credit note;

 

2. In the event the Customer cancels the training service 2 (two) or less days before the reserved date, no credit note shall be issued for the same, in accordance with the Fee terms specifically provided in Clause 5.2. Full training fees shall be borne by the Customer;

 

3. If the Customer is desirous to postpone the training service, it is agreed and acknowledged that no postponement fee shall apply. Further, if the Customer made the full payment inclusive of day school fee and the Services as purchased, the Supplier shall issue a credit note to the Customer for the same amount. However, both parties acknowledge that postponement shall be subject to trainer’s schedule availability and that the Supplier does not guarantee availability upon postponement

• INDEMNIFICATION

1. The Customer hereby indemnifies and holds harmless the Supplier, its group/ affiliates/ holding companies and their respective directors, employees, officers, agents and representatives from and  against any cost, loss, damages and claim of whatsoever nature, raised by any person, firm or corporation, including, without limitation, legal fees (including the fees of advocate), arising out of any breach of any warranty, representation, obligation or undertaking made by the Customer hereunder or gross negligence, wilful misconduct or fraud committed by the Customer or the breach of any terms and conditions of this Agreement.  

 

2. In no event shall the Supplier be liable for any consequential, indirect, special, incidental or statutory damages, including but not limited to any claims or losses arising from any legal injury, either personal or physical or any losses of data or profits, sustained by any third party. 

   

• LIMITATION OF LIABILITY

Notwithstanding any provision of this Agreement and irrespective of any fault or  negligence, neither Party shall be liable to the other for any indirect reliance, special, punitive, consequential, exemplary or incidental damages (including without limitation damages for harm to business, lost revenues, lost sales, lost savings, (anticipated or actuals), loss of use and claims of third- parties, regardless of the form of action, whether in contract, warranty, strict liability or tort or any other legal or equitable theory, arising out of or in connection to this Agreement, even if a Party has been advised of the possibility of such damages. In no event shall Parties be liable for any damages arising out of or in connection with this Agreement or the Services. However, on receipt of any Customer complaint and post internal investigation, in the event it is revealed that the Supplier or any of its employees on duty is found to be in usage of misbehaviour and/ or inappropriate language with the said Customer, then the employee of the Supplier shall be made liable.

     

• FORCE MAJEURE

Neither Party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for one (1) month, the Party not affected may terminate this Agreement by giving written notice of one (1) week to the affected Party.

• ASSIGNMENT AND OTHER DEALINGS

Neither party shall without the prior written consent of the other party assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this Agreement.

• VARIATION 

No variation of this Agreement shall be effective unless it is in writing and signed by the Parties (or their authorised representatives).

• WAIVER

No failure or delay by a Party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

• NO PARTNERSHIP OR AGENCY

1. Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the Parties, constitute any Party as the agent of another Party, or authorise any Party to make or enter into any commitments for or on behalf of any other Party.

 

2. Each Party confirms it is acting on its own behalf and not for the benefit of any other person.

• ENTIRE AGREEMENT

1. This Agreement constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

 

2. Each Party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each Party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement.

• SEVERANCE

1. If any provision of this Agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.

 

2. If any provision of this Agreement is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid, and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

• NOTICES

1. All notices required or permitted by this Agreement shall be in writing and in the English language and shall be sent to the recipient by hand, by courier, by registered post, by email at its address set out above (or such other address as notified by the recipient to other parties from time to time), or as otherwise directed by the recipient by notice given in accordance with this clause.

 

2. Notices shall be deemed to have been duly given and received:

 

1. if delivered by hand or sent by courier, notice will be deemed given on the date of receipt;

 

2. if sent by registered post to an address in the same country, on the second (2nd) business day after posting; or if sent to an address not in the same country, on the fifth (5th) business day after posting;

 

3. if sent by facsimile, upon issue of a report confirming successful transmission to the sender; or

 

4. if sent by email, one (1) hour after the email is sent (unless a return email is received by the sender within that period stating that the addressee’s email address is wrong or that the message cannot be delivered).

• COUNTERPARTS

This Agreement may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.

• RIGHT OF THIRD PARTIES

This Agreement is personal to the parties. The provisions of the Contracts (Rights of Third Parties) Act 2001 do not apply to this Agreement. No person who is not a party to this Agreement (whether or not such person is named, referred to, or otherwise identified, or form part of a class of persons so named, referred to or identified in this Agreement) shall have any right under the Contracts (Rights of Third Parties) Act to enforce this Agreement or to enjoy the benefit of any term of this Agreement.

• GOVERNING LAW

This Agreement 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 Republic of Singapore.

• DISPUTE RESOLUTION

All disputes, controversies, or differences (the “Dispute”) arising out of or in connection with this Agreement, including any questions regarding its existence, validity, or termination, shall first be referred to mediation in Singapore, in accordance with the Law Society Mediation Rules for the time being in force. If the Dispute cannot be resolved in mediation, the Parties shall refer the Dispute to arbitration in Singapore in accordance with the Law Society Arbitration Scheme and the rules thereunder for the time being in force.

 

This Agreement has been entered into on the date stated at the beginning of it.

 

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IN WITNESS WHEREOF, the Parties have each caused this Agreement to be signed and delivered:

 

For and on behalf of Happy Paw Ark Private Limited

 

 

For and on behalf of __________________

 

SCHEDULE I

 

SERVICES 

 

1. Private training of pet dog in the following possible topics, depending on the specific request of the Customer:

 

a. To maintain the safety of the trainee dog. 

b. To maintain the cleanliness of the dog’s training facility.

c. To feed and hydrate the dog sufficiently and routinely. 

d. To assign the appropriate trainer in accordance with the Customer’s stated training objectives.

 

2. The pet dog shall be licensed by AVS / pending licensing from AVS and microchipped. 

 

3. All current vaccinations for Distemper, Parvovirus, Parainfluenza, Adenovirus Type II, Leptospirosis shall be provided to the pet dog.

 

4. The pet dog shall be treated on a routine basis for flea / tick / heartworm using any of the following products – Advocate, Revolution, Nexgard Spectra or Simparica Trio. Other brands are not accepted. 

 

 

SCHEDULE II

 

PAYMENT SCHEDULE

 

 

Please note that the Full Fee is to be paid upfront prior to the commencement of the Service in accordance with Clause 5 of this Agreement.

 

                    SCHEDULE III

                   

                    ACCEPTANCE CRITERIA 

 

The Customer shall accept the following criteria for the performance of Services: 

 

1. Trainee dog shall be fully vaccinated against Distemper, Parvovirus, Parainfluenza, Adenovirus Type II, Leptospirosis. Bordetella is highly encouraged but optional.

 

2. Trainee dog shall be routinely treated with any of the following products – Advocate / Nexgard Spectra / Simparica Trio / Revolution

 

3. Trainee dog shall not have a bite history of more than level 1 on the Dunbar Scale (Please google Dunbar Scale for more details).

 

4. For those with bite history of level 2 or more, Happy Paw Ark Private Limited reserves the right to expel the dog upon discovery of the bite history. In the midst of handling the dog which attempted to bite or has bitten any of our staff, sufficient force may be wielded to protect the humans and other dogs from the attacking dog. Such force shall cease once the safety of the humans and other dogs in our care is assured.

 

5. Should the dog owner / client fail to declare or mislead Happy Paw Ark Private Limited and its staff in any way over the above criteria, Happy Paw Ark Private Limited reserves its rights to pursue the matter legally.

 

6. Payment for training services shall be made in full prior to reserved date.

 

7. There will be no refund for the services paid for should there be any cessation of service by Happy Paw Ark Private Limited due to a breach in honesty by client, client’s cancellation or early termination or alteration in reservation.

 

8. For dogs with known existing medical conditions, Happy Paw Ark Private Limited is not liable should the dog pass away or fall ill due to the pre-existing medical conditions or complications arising from those conditions, after following the instructions of care provided by the client. The accepted form of instructions of care shall be written either digitally or physically on paper. No verbal instructions including voice memos will be accepted.

 

9. For geriatric dogs, Happy Paw Ark Private Limited is not liable should the dog pass away due to old age, after following the instructions of care provided by the client. The accepted form of instructions of care shall be written either digitally or physically on paper. No verbal instructions including voice memos will be accepted.

 

10. Should the trainee dog injure itself or fall ill or pass away during training, first aid will be rendered and treatment at the vet will be sought. For such cases, the circumstances leading to the death, injury or illness are critical in determining liability. Happy Paw Ark Private Limited shall work with the client to determine the root cause of the death, injury or illness and assist the client and the dog in making a speedy recovery wherever possible.

 

11. Happy Paw Ark Private Limited reserves the right to appoint suitable trainers for the training objectives stated by the Customer. The Customer may express his/her preference for certain trainers, subjected to availability and prevailing rates of the preferred trainer.