- This text constitutes our Terms and Conditions and will apply in respect of all access by you to this website www.credit-control.net (The Website) and the use of all of the services offered by the company. These terms and conditions may vary from time to time and should be read in conjunction with our privacy policy. You agree to use The Website exclusively to aid your collection of debts from third parties.
- You will need to register as a trial member in order to use any of the services of The Website. Trial members have 30 days free use of a limited set of features with basic functionality. At the end of the trail period trail members will be issued an invoice in respect of the first years current advertised membership fee providing they have not cancelled the service prior to the trial expiring. On registration, you must provide The Company with accurate and complete registration information and you must inform The Company of any changes to that information (including in particular your email address) by using the “Edit Account Details” link once you have logged into The Website.
- All intellectual property rights (IPR) in all the materials contained in The Website (The Web Content), the software used in The Website, products available from the The Website, any materials provided by The Company to you and the data collected by the The Website including but not limited to patents, copyright, database rights, trademarks, design rights and domain names belong to The Company and you shall obtain no rights in the data save as set out in the following sub-clause.
You may access and view the The Web Content and may retrieve and display data from the The Website on a computer screen and/or print individual pages on paper and/or make a reasonable number of photocopies and/or store The Web Content in electronic form on your computer's local hard-disc for your personal, internal use only. However, you may never copy, distribute, sell, publish or commercially exploit ANY of the The Web Content without our prior written permission of The Company.
4. THE COMPANY - may at it’s discretion make changes to any part of The Website or The Web Content (including without limitation these Terms and Conditions or the Pricing Schedule) at any time. Where THE COMPANY make changes to these Terms and Conditions or the Pricing Schedule, THE COMPANY will notify you of any such changes by including reference to changes on this page - The Website's Terms and Conditions page. By using The Website after the date of any change you are agreeing to those changes. If you do not agree to any of the changes you should not use The Website after the date of the changes that you do not accept and request us to cease providing the Services with effect from such date in writing by email to sales@credit-control.net. In such circumstances you will remain liable for all fees due and disbursements and agents and other charges properly incurred by THE COMPANY up until the date of such request, together with all fees and disbursements incurred after such date which THE COMPANY could not reasonably be expected to have prevented. Ceasing to use The Website under this section does not constitute termination of the Terms and Conditions or release you from any continuing obligations under the Terms and Conditions.
5. SERVICES - THE COMPANY will acts as a communication portal and by no means makes representations on your behalf. The Company acts in accordance with the description of the Services requested by you to attempt to recover debts and goods from third parties who from time to time may owe money to you.
In providing the Services, THE COMPANY will use such lawful commercial means to recover such debts as it deems appropriate, the main communication method between yourselves and your debtor being email. The company may release your details and your debtors details to contracted third parties where you have agreed the action. THE COMPANY reserves the right to vary the nature of, or to terminate the provision of, any Service or part thereof or to decline any instruction, with immediate effect and for whatever reason upon written notice to you. In such circumstances you will remain liable for all fees due and disbursements and agents and other charges properly incurred by us up until the date of such notice, together with all fees and disbursements incurred after such date which THE COMPANY could not reasonably be expected to have prevented.
THE COMPANY does not provide Legal Services on any debts outside the United Kingdom. Time shall not be the essence in the undertaking by THE COMPANY of any of the instructions received from you.
6. INSTRUCTIONS - All instructions from you must be input through The Website in the manner prescribed by The Website. Instructions may, at the sole discretion of THE COMPANY, be provided by telephone or verbally in person but no responsibility will be accepted by THE COMPANY for faults, mistakes or misunderstandings arising from those instructions. All telephone or other verbal instructions must be confirmed by you in writing by email to sales@credit-control.net within 3 working days of such instruction. You are solely responsible for the fullness and accuracy of all instructions.
As mentioned in clause 5, THE COMPANY may decline any instruction for whatever reason. However, if THE COMPANY is prepared to accept an instruction, THE COMPANY may commence the Services without further confirmation notice to you.
7. WARRANTY OF AUTHORITY - You agree that any of your employees, agents or representatives who contact THE COMPANY shall have authority to give instruction to THE COMPANY unless otherwise expressly agreed in writing.
8. WARRANTIES AND LIMITATION OF LIABILITY - The Web Content is for general information only and is provided on an "as is" and an "as available" basis. THE COMPANY makes no representations and gives no warranties as to the accuracy, availability, completeness, merchantability, quality or fitness for any particular purpose of The Web Content.
THE COMPANY does not warrant that The Web Content or The Website is virus-free or that the operation of The Website will be uninterrupted or error free.
THE COMPANY will use its reasonable endeavours to recover debts on your behalf through the provision of the Services. THE COMPANY does not under any circumstances guarantee recovery of the debts.
Except as expressly stated in these Terms and Conditions, all warranties and conditions, whether express or implied by statute, common law or otherwise (including but not limited to warranties and conditions as to fitness for purpose and as to merchantable or satisfactory quality) are hereby excluded to the maximum extent permitted by law.
Upon the conclusion of any matter, THE COMPANY reserves the right to destroy all records and documents, whether the property of you or not after a period of six months from a file being closed. THE COMPANY will have no liability for any loss arising out of any such destruction. At any time before the expiry of this six month period THE COMPANY will, upon receipt of a written request from you, return your documents at your risk and expense.
THE COMPANY does not exclude or limit its liability to you in respect of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982, death or personal injury resulting from negligence within the meaning of section 1(1) of the Unfair Contract Terms Act 1977 or any other liability which, by law, it cannot exclude or limit.
Subject to the foregoing sub-clause, THE COMPANY will not be liable to you for the following loss or damage (including costs or expenses relating to or arising out of such loss or damage) whether arising from contract, tort (including negligence), breach of statutory duty, contribution or otherwise, and whether or not THE COMPANY has been made aware of the possibility of such loss or damage:
indirect or consequential loss;
loss of revenue, business, profits, interest or anticipated savings;
loss of goodwill or reputation;
loss of or damage to records or data including, but not limited to, any costs of regenerating or restoring any lost or damaged records or data;
penalties, fines or other sanctions imposed by any governmental or other regulatory body.
third party claims for loss or damage or other compensation;
any loss or damage relating to or arising out of incomplete or inaccurate instructions or your failure to comply with clause 11;
any loss or damage relating to or arising out of any Content you download or otherwise obtain through The Website;
any loss or damage to your computer or other computer systems that results from your downloading any of The Web Content or otherwise through your use of The Website;
any loss or damage occasioned by use of your login details by any unauthorised persons; or
any loss or damage arising due to any changes in foreign currency exchange rates.
In respect of loss or damage not covered by the two preceding sub-clauses, the aggregate liability of THE COMPANY to you, whether in contract, tort (including negligence), breach of statutory duty, contribution or otherwise, in relation to any one instruction shall be subject to a limit of two times the amount paid by you to THE COMPANY in respect of your yearly membership fee at the date the cause of action arose.
9. SECURITY - You will comply fully with all rules from time to time prescribed by THE COMPANY, in relation to your use of The Website or the manner of the provision of the Services for the purposes of ensuring the security of The Web Content, the Services and The Website.
You acknowledge and agree that control of and the security of account numbers, identification codes and passwords used to access The Web Content, the Services and The Website (collectively the "Login Details") are your sole responsibility.
You further agree that:
(i) you will maintain appropriate technical and organisational security measures and procedures to prevent the accidental or unauthorised disclosure of the Your Login Details or the use of the Your Login Details by any unauthorised persons;
(ii) you will inform THE COMPANY immediately on becoming aware of any unauthorised use and/or disclosure of the Your Login Details, or if any equipment used by you to access the Services is stolen;
(iii) you remain liable for any and all charges for Services incurred in connection with the Your Login Details irrespective of whether such charges are authorised by you; and
(iv) THE COMPANY may invalidate or otherwise suspend use of the Your Login Details if (a) you are in breach of its obligations under these Terms and Conditions or (b) you are notified, or become aware, of any unauthorised or improper use of the Your Login Details by you or any third party, or of the fact that any equipment used to access The Website and the Services has been stolen.
10. GENERAL CONFIDENTIALITY - (a) Without prejudice to the other provisions of these Terms and Conditions (including in particular but without limitation clause 9 above) each of the parties hereto undertakes with the other that it shall, and it shall procure that its officers employees and agents shall, maintain in strictest confidence and not divulge or communicate to any third party any confidential information relating to the other.
(b) For the purposes of sub-clause (a) of this clause 10 the expression "confidential information" shall mean (as the context may require):
(i) any information concerning the other party's trade secrets customers or business dealings transactions or affairs which may come to the notice of the other party
(ii) any information and/or knowledge relating to the methods or techniques used by THE COMPANY in designing and/or developing the software, The Website, The Web Content and/or the Services and/or information and any tapes documents or other materials comprising any part of such information and/or know how made available by THE COMPANY hereunder.
(c) The provisions of sub-clause 10(a) above shall not apply to any confidential information to the extent that:
(i) either party is required to divulge the same by a Court tribunal or governmental authority with competent jurisdiction .
(ii) it has already come within the public domain other than by the default of the obliging party
(iii) it was already known to the obliging party prior to the date of disclosure by the other party (as evidence by written records)
(iv) it was independently obtained by the obliging party from a third party other than in breach of such third party's confidentiality obligation to the disclosing party
(v) it is necessary or desirable for THE COMPANY to disclose it to Solicitors or other persons engaged by THE COMPANY in providing the Services.
11. CO-OPERATION AND ASSISTANCE - You shall, at your own cost, co-operate with THE COMPANY to such extent and provide to THE COMPANY such information and assistance as THE COMPANY shall reasonably require to enable THE COMPANY to perform its obligations in relation to the Services.
12. CHARGES - THE COMPANY shall be entitled to deduct from your credit or debit card at the time of the instruction the fees for the Collection Service and Membership Fees at the rates set out at the time of the instruction in the Pricing Schedule.
For the Legal Service THE COMPANY shall be entitled to deduct from your credit or debit card at the time of the instruction the estimated fees for the services which shall include all ascertained disbursements costs (in accordance with the tariffs set out in the Pricing Schedule). THE COMPANY may also invoice you later for additional costs or disbursements that have been incurred on your behalf. For some Legal Services THE COMPANY will ask for a deposit on account of the estimated fees to be incurred, if this deposit is exceeded THE COMPANY will also invoice you later for the additional fees incurred.
In the event that THE COMPANY declines your instructions THE COMPANY will refund any fees paid by you in advance in full only if it has taken no action on the instructions. Otherwise, THE COMPANY will refund that amount which it believes is reasonable in the circumstances.
THE COMPANY's fees charges and other costs and expenses incurred on your behalf are quoted exclusive of VAT which shall be payable at the prevailing rate in accordance with legislation from time to time in force.
THE COMPANY shall be entitled to increase the fees set out in the Pricing Schedule in accordance with clause 4.
Where any amounts are owing to THE COMPANY, THE COMPANY shall be entitled at any time to deduct any such amounts from any sums received on behalf of you by THE COMPANY or its agents, whether those amounts owing relate to the sums received or otherwise and whichever debt of you they are received against. Any remaining balance will be dispatched to you in accordance with clause 14 together with a statement showing the total amount received by THE COMPANY and giving full details of all deductions.
All fees are payable on demand regardless of the outcome of the matter.
All amounts invoiced by THE COMPANY to you shall be paid on receipt of THE COMPANY's invoice. If payment is not received within 7 days, THE COMPANY shall be entitled to charge interest on all overdue invoices from the due date at a rate of 8% per annum above Barclays Bank PLC's 'Base Rate' from time to time in force until payment is made.
In the event that it becomes necessary to commence legal proceedings for the recovery of any amounts due to THE COMPANY, without prejudice to THE COMPANY's right to recover from you any costs it incurs, a further administration fee of £250.00 plus VAT will become immediately due and payable from the Client to THE COMPANY.
13. BANK CHARGES - Any monies received on your behalf will be paid into a separate bank account for client money at THE COMPANY's bank. Any bank charges levied against THE COMPANY in respect of THE COMPANY's client bank account and referable to an instruction from you shall be the responsibility of you and will be properly recoverable from you by THE COMPANY in accordance with clause 12.
14. TRANSFER OF MONIES RECOVERED - Any sum paid to THE COMPANY and which is due to you will, subject to clauses 12 and 13, normally be paid to you between 14 and 21 days from cleared funds or cash having been received or being deemed to have been received by THE COMPANY. It may be longer in some circumstances. Normally, fourteen days will be allowed from the banking of a cheque before cleared funds are deemed to be held by THE COMPANY.
15. ENGAGEMENT OF THIRD PARTIES - THE COMPANY may, where you request Legal Services, instruct solicitors on behalf of you. THE COMPANY will liase with the solicitors on your behalf. You may be required to provide a letter authorising the solicitor to represent you.
THE COMPANY may, where you request Trace Services, engage a tracing service or other third party to carry out specific tasks on your behalf.
16. LIEN - Upon the failure by you to pay fees when due, THE COMPANY shall be entitled to with-hold all documents, papers and correspondence it holds in connection with your business pending the payment by you of all sums due.
17. STATUTORY COMPLIANCE AND DATA PROTECTION - Both parties hereto undertake to each other that in respect of their obligations under these Terms and Conditions they will at all times comply fully with all relevant legislation including without limitation the Consumer Credit Act 1974 and the Data Protection Act 1998 and all re-enactments thereof and amendments thereto.
Any personal data that is provided by you will be held and processed by THE COMPANY for the purpose of providing the Services to you, and THE COMPANY may use this data for its internal administrative purposes, collating statistics on performance of the Services, contacting you in relation to other services THE COMPANY offers, and any other related matters. As part of this process THE COMPANY may disclose this data to its agents and sub-contractors and other members of its group but THE COMPANY will not disclose it to any other third parties.
Without prejudice to the foregoing, you will ensure that the provision by you to THE COMPANY of personal data about debtors or any other persons and THE COMPANY's use of such data in carrying out the Services shall not result in THE COMPANY infringing the Data Protection Act 1998. You shall indemnify THE COMPANY against all claims, demands, actions, costs and other expenses incurred by us in connection with any claim by any third party that such provision or use does infringe the Data Protection Act 1998.
18. FORCE MAJEURE - (a) In the event of either party being rendered unable wholly or in part by force majeure to carry out its obligations under these Terms and Conditions it is agreed that on that party giving notice of such force majeure to the other party with reasonable promptness the obligations of the party giving such notice so far as they are affected by such force majeure shall be suspended during the continuance of the same it being agreed that each party shall use all reasonable endeavours to remove or avoid such force majeure with all reasonable despatch.
(b) The term "force majeure" as used herein shall mean acts of God strikes lockouts or other industrial disturbances, acts of public enemy, wars, blockades, insurrections, riots, epidemics, landslides, earthquakes, fire, storm, civil disturbances, terrorism, governmental or quasi-governmental regulations and directions any failure of hardware and/or software and/or telecommunications services or equipment which is used by THE COMPANY to provide the services which is due to the default of a third party and any other cause not within the reasonable control of the party claiming suspension all of which by the exercise of due diligence such party is unable to prevent
19. WAIVER - No failure by either party to exercise any right or remedy available to it hereunder nor any delay to exercise such right or remedy shall operate as a waiver thereof nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
20. ENTIRE AGREEMENT - These Terms and Conditions (including the Privacy Policy and Pricing Schedule) constitute the entire understanding between the parties relating to the subject matter of these Terms and Conditions and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations, understandings, advertising literature or correspondence with respect hereto, except in respect of any fraudulent misrepresentation made by a party. Except in respect of any fraudulent misrepresentation made by a party, the parties acknowledge that they have not relied on any representations, writings, negotiations or understandings, whether express or implied, (other than as set out in these Terms and Conditions) in entering into these Terms and Conditions. Neither party limits or excludes its liability in respect of fraudulent misrepresentation.
21. SEVERANCE - These Terms and Conditions are severable in that if any provision of these Terms and Conditions is determined to be illegal or unenforceable by any Court of competent jurisdiction it shall be deleted to that extent and no further without affecting the remaining provision of these Terms and Conditions.
22. HEADINGS - The headings used for these Terms and Conditions are for convenience only and shall not affect the construction of these Terms and Conditions.
23. LAW - These Terms and Conditions shall be governed, construed and enforced in accordance with English Law and shall be subject to the exclusive jurisdiction of the English courts to which the parties hereby irrevocably submit.
