Scope and Interpretation
These terms and conditions apply to the provision of services provided by Debt Collector Online Limited and its associated concerns to the Client. Unless expressly agreed in writing by Debt Collector Online Limited they apply to the exclusion of all other written or verbal representations, statements, proposals or agreements.
'This Contract' means any contract incorporating these terms and conditions. 'Client' means any individual, firm, partnership, company or organisation or any other undertaking which orders or receives from Debt Collector Online Limited or via its agents or associates any service.
'Conditions' means the terms and conditions set out in this document and any other special terms and conditions agreed in writing by the Client and Debt Collector Online Limited.
'Contributors' means any party who owns, provides or maintains any of the data content, equipment, computer software or information which is made available under this Contract or supports this Contract. The identities of Contributors are made available on request.
'Debtor' means any individual, firm, partnership, company or organisation or any other undertaking whom the Client chooses to pursue, or would wish to pursue, through the services of Debt Collector Online Limited.
'Points' means one or more points of such value in sterling as Debt Collector Online Limited shall specify that may be purchased by the Client and used in payment for the services provided by Debt Collector Online Limited and its agents or associates.
Use of Information and Confidentiality
All information provided by Debt Collector Online Limited under these Conditions shall be treated in confidence by the Client and shall not otherwise than pursuant to a statutory duty or court order be communicated, copied or otherwise divulged to any other person or party whatsoever.
The Client undertakes to use any report or item of information supplied by Debt Collector Online Limited or its agents, associates or Contributors only to assist in making a business decision and not as the sole basis for any such decisions. The reports and business information made available to the Client under this Contract is the copyright property of Debt Collector Online Limited and its Contributors. Except as expressly set out in this Contract, all rights are reserved and the Client shall not sell, rent out, disclose or sub-licence any part of such information without the written consent of Debt Collector Online Limited and its Contributor in each instance.
On-Line and Internet Access to Databases
In the event of the Client arranging to have on-line or internet access to databases via Debt Collector Online Limited the following provisions shall apply: The Client will maintain on its premises remote terminal equipment and facilities which are compatible and capable of on-line communications with Debt Collector Online Limited hosted systems and will bear all costs in relation to such equipment and facilities including all telecommunications charges associated with their operation.
The Client will maintain strict security over the current passwords and limit knowledge of the passwords to those employees who are authorised to incur Debt Collector Online Limited charges on behalf of the Client. If a password has been lost, stolen or if a Client has reason to believe it has been divulged to an unauthorised person the Client must notify Debt Collector Online Limited immediately in writing.
The Client will interpret the information obtained in accordance with the definitions and explanations of terms which are provided by Debt Collector Online Limited from time to time.
Debt Collector Online Limited will use its best endeavours to maintain access to databases hosted by its Contributors but reserves the right to add to, augment, modify, improve, replace, or withdraw such arrangements or any part of the databases or any of the programs. Debt Collector Online Limited will use its best endeavours to give advance notification of any such changes.
Reports and information provided to the Client may in whole or part represent be compiled from or contain expressions of advice or opinion based on data supplied by Contributors, the accuracy or completeness of which Debt Collector Online Limited is unable to verify. Whilst Debt Collector Online Limited and its Contributors will use their reasonable endeavours to ensure that such reports and/or information is accurate and complete Debt Collector Online Limited and its Contributors do not warrant or guarantee the accuracy or completeness of reports and/or information provided to the Client or the validity of any advice or opinion contained therein and will accept no liability for any errors therein or omissions therefrom.
All times and dates quoted for delivery of any report and/or information are estimates only and Debt Collector Online Limited and its Contributors shall not be liable for any loss or damage arising from the delay or failure of themselves or their officers employees or agents in procuring presenting communicating or otherwise providing the reports and/or information.
Debt Collector Online Limited and its Contributors shall not be liable for any loss or damage whatsoever as a result of the Client's use of the reports and/or information, its reliance on any advice or opinions expressed therein including any loss suffered by the Client as a result of any claim by the subject of any such report and/or information arising from the provision curtailment or refusal of credit to its customers or other third parties or for any reason howsoever arising.
Debt Collector Online Limited has no knowledge of the financial means assets liabilities legal status or existence of any Debtor and the Client warrants that all information in connection with its Debtors is to the best of its knowledge true, and that all such information originates from the Client or its agents or associates, and that no such information originates from Debt Collector Online Limited. Any loss to the Client from any action it chooses to take against any Debtor, howsoever arising, shall not be recoverable from Debt Collector Online Limited.
Debt Collector Online reserve the right, for the reasonable protection of its business interests, and the business interests of its Contributors, to bar or prohibit action against any particular Debtor, and shall not be required to disclose details of such Debtors to any other party or give any reason or explanation for such bar or prohibition. Debt Collector Online Limited shall not be liable for any loss or alleged loss arising.
Debt Collector Online Limited shall use its best endeavours to ensure that the Client has uninterrupted access to the Debt Collector Online website, but the availability of the website may be subject to technical interruption. Debt Collector Online Limited shall not be liable for any losses arising from interruptions to service, whether the interruption is due to general problems of web traffic or local factors affecting the Debt Collector Online website or otherwise or for any other reason.
The Client shall indemnify Debt Collector Online Limited its officers employees agents or associates and its Contributors in respect of any loss or damage whatsoever (including costs and any necessary payments made in order to settle or compromise any claim) which it or they may suffer or incur directly or indirectly from any breach of these Conditions by the Client or by the Client's employees or agents or by any other party acting through or with the Client.
The fees payable by the Client shall be in accordance with Debt Collector Online Limited's quoted rate from time to time for the service provided. The fees are exclusive of VAT which shall be due at the rate ruling at the date of Debt Collector Online Limited's invoice. However, fees for services where a fixed solicitors rate is set by the court shall not exceed that rate (inclusive of VAT).
Payment of the fee and VAT shall be charged at the time and point of service. If payment in full is not made on the due date interest shall accrue on the outstanding amount from the date payment becomes due from day to day until the payment is received at a rate of 4% above Barclays Bank Plc base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.
The Client shall not identify Debt Collector Online Limited or its agents or Contributors as a source of reference except with the prior written consent of a director of Debt Collector Online Limited.
Term and Termination
This Contract shall remain in force for a period of twelve months from registration and thereafter may be terminated by either party giving not less than three months written notice. Debt Collector Online Limited may terminate this Contract at any time with immediate effect if:
The Client fails to pay any invoice for Debt Collector Online Limited charges hereunder without good cause.
The Client fails to remedy any breach of this Contract within 30 days of receipt of notice of that breach.
The Client ceases to pay its debts as they fall due, or ceases in business, or goes into receivership or voluntary liquidation, winding up or bankruptcy proceedings are commenced in respect of it.
Debt Collector Online Limited is for any reason unable to continue supporting the service (or any part of it) or making it available to the Client. As from the effective date of termination of this Contract in any circumstances the Client will cease to use the programs or seek access to the databases and Debt Collector Online Limited will take steps to invalidate the Client's passwords and thereby prevent access but otherwise termination will not effect Debt Collector Online Limited's entitlement to invoice and be paid for charges accrued during hereunder or any other right or remedy which either party may have against each other. Prepayments
Prepayments made by the Client shall be valid for a twelve month period from the date of the Contract and extension beyond this term shall be at the sole discretion of Debt Collector Online Limited. Payments shall be in accordance with Clause 6 hereof.
Debt Collector Online Limited reserves the right to terminate any agreement or contract involving prepayment in line with Clause 8(b) above.
In the event of termination of this Contract if any sums due from the Client to Debt Collector Online Limited are outstanding at the date of determination Debt Collector Online Limited shall be entitled to set off any such sums due to the Client in or towards satisfaction of the amount due from the Client together with interest if applicable.
Debt Collector Online Limited shall not be liable for any default due to any act of God, war, strike, lock-out, industrial action, fire, flood, drought, tempest or other event beyond its reasonable control.
All requests received under Section 158 of the Consumer Credit Act 1974 or, where appropriate Section 21 of the Data Protection Act 1984 shall be referred to Debt Collector Online Limited. Nothing in these Conditions shall prevent or hinder either Debt Collector Online Limited or the Client from complying with their respective obligations as to disclosure or otherwise in connection with the aforementioned Acts.
No waiver or forbearance by Debt Collector Online Limited (whether express or implied) in enforcing any of its rights under these Conditions shall prejudice its rights to do so in the future.
All headings are for ease of reference only and shall not effect the construction of these Conditions.
Contracts (Rights of Third Parties) Act 1999
Debt Collector Online Limited and the Client agree that Contributors have relied upon and will be entitled to have full benefit of and enforce all those provisions having a bearing on the use of their information, equipment and computer software and on the rights and liabilities arising out of such use, including but not limited to those provisions hereof in which there appear references to 'Contributors'.
Law of Contract
This Contract shall be governed construed and enforced in accordance with English law which shall be the proper law of this Agreement and both parties hereby submit to the non-exclusive jurisdiction of the English courts.
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Tel: 01452 529751
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