Business Debt Recovery Terms & Conditions

Transcription

1 Business Debt Recovery Terms & Conditions Dukes Bailiffs Limited, Dukes Court, 7/8 Newcastle Street, Stone, Staffordshire, ST15 8JT Page 1 of 9 TERMS & CONDITIONS Authorised by: Mr C Naylor

2 TERMS AND CONDITIONS OF SERVICE 1. Application 1.1 These Terms and Conditions shall apply to the provision of Services by the Supplier to the Client. The Supplier and the Client agree to be bound by the Terms and Conditions. 2. Definitions and interpretation 2.1 In these terms and conditions of contract for services ( Conditions ): Confidential Information means all information in whatever form obtained by Dukes Bailiffs Limited from the Client relating to and connected with the contract and the Services, including but not limited to the Contract itself and the provisions of the Contract; Supplier means any person or company that agrees to supply the Services and includes any person or company to whom all or part of the Contractor s obligations are assigned; Client means any individual, firm or corporate body (which expression shall, where the context so admits, include its successors and assigns) which purchases services from the Supplier; Fee means the sum of money agreed to be paid between the parties and recorded in the Terms of Payment for Services supplied under these Conditions and its associated contracts; Services means the services to be supplied to the Client under the contract; Business day means Monday to Friday inclusive, with the exception of any bank or public holidays. Commencement Date means the date from which this agreement comes into force as set out in the schedule. 2.2 The interpretation and construction of the Contract shall be subject to the following provisions: (a) Any reference to any statute, enactment order, regulation or similar instrument in these Conditions shall be construed as a reference to the statute, enactment, order, regulation or instrument, as subsequently amended or re-enacted. (b) The headings in these Conditions are for ease of reference only and shall not affect their interpretation. Page 2 of 9 TERMS & CONDITIONS Authorised by: Mr C Naylor

3 3. The Service 3.1 With effect from the Commencement Date the Supplier shall, in consideration of the Fees being paid in accordance with the Terms of Payment, provide the services expressly identified in the schedule, or otherwise agreed under this agreement. 3.2 The Supplier will use reasonable care and skill to perform the services identified in the schedule or otherwise agreed under this agreement. The Client is obliged to notify the Supplier immediately of the details of all payments received by the Client in order to ensure that the Supplier is acting at all times on the correct balances. Failure to do so will result in continued debt recovery action by the Supplier, and the Client will remain liable for the percentage (%) commission on the full balance as detailed in the schedule. 3.3 The Supplier will use all reasonable endeavours to complete their obligations under the schedule. 4. Duration 4.1 This agreement shall last for a period of 12 (twelve) months from the Commencement Date. Unless otherwise agreed, the agreement will then continue to operate on a rolling 12 (twelve) monthly basis until it is terminated in writing. 4.2 Should either party wish to terminate the agreement, they shall deliver a written notice of termination to the other party no less than 30 (thirty) days before the end of the initial 12 (twelve) month period. Failure to do so will result in the agreement rolling over and taking effect for a further 12 (twelve) months. 5. Price 5.1 The Client agrees to pay the Fees in accordance with the Terms of Payment. In the event that any case is returned upon request after the Commencement Date of this agreement, the Client should contact the Supplier setting out the reason for return. 5.2 If the Client has any form of contact with a debtor after the Commencement Date, whether it is verbal, written, electronic or otherwise, and said contact results in a full or partial payment, a discount on the debt or an agreement with regards to a payment plan, the Client will be liable to pay the Supplier the full amount of commission as if the Supplier had collected the monies itself, at the rate agreed in the schedule. 5.3 In addition, the Supplier shall be entitled to recover from the Client its reasonable incidental expenses for materials used and for third party goods and services supplied in connection with the provision of the Services. The Client will pay the Supplier for any additional services provided not specified in the Conditions. Page 3 of 9 TERMS & CONDITIONS Authorised by: Mr C Naylor

4 5.4 All sums payable by either party pursuant to this agreement are exclusive of any Value Added Tax ( VAT ) or other tax (except corporation tax), or other taxes on profit for which that party shall be additionally liable. 6. Payment 6.1 All payments due under this agreement by either party shall be made within 7 (seven) days of the date of the relevant invoice in pounds sterling ( ). 6.2 The parties agree that the payment time of 7 (seven) days is a fundamental term to this agreement. If the Client fails to make full payment within 7 (seven) days of the date of any invoice raised in accordance with these Conditions (in respect of the price or any other sum due under these terms and conditions) then we shall, without prejudice to any right which we may have pursuant to any statutory provision in force from time to time have the right to charge you interest on a daily basis at an annual rate equal to the aggregate of 8% and the base rate of the Bank of England. The interest will be calculated cumulatively on a daily basis. 6.3 If the agreed commission is either late or withheld, The Supplier may choose to take recovery action against you. We reserve the right to levy a further 15% surcharge which will be added to the outstanding amount plus compensation at 150 per invoice in addition to the terms under the Late Payment of Commercial Debts Interest Act. 7. Variation and amendments 7.1 If the Client wishes to vary or dispute any term of the Conditions or Schedule, it must notify the Supplier immediately in writing. Any costs incurred by the requested variation will be paid for by the Client and added to the first invoice. 7.2 The Supplier will notify the Client if any arrangements with debtors are made that fall outside the agreed specification. The Supplier will seek the Client s approval before any action is taken with regards to anything that falls outside of the Conditions. 8. Fee/Payment Terms 8.1 The Client agrees to indemnify the Supplier for any legal action that may arise as a result of any actions taken by the Supplier, its agents or the debtor. This provision shall not apply if the Supplier has knowingly and willingly acted in breach of these Conditions or any statute of law. 8.2 If the Client fails to notify the Supplier of any change in circumstances as soon as practicable that leads to the cancellation of action against a debtor, the Client agrees to compensate the Supplier for any expense incurred in pursing said debtor. Page 4 of 9 TERMS & CONDITIONS Authorised by: Mr C Naylor

5 8.3 Where the Supplier is instructed by the Client to perform services related to Pre-Legal Debt Recovery work, all monies collected are subject to the Supplier s costs as set out in the Specification Schedule. Monies paid directly to the Client by the debtor at this stage will be subject to the same costs as set out in the Specification Schedule. 9. Termination 9.1 The Supplier may terminate the agreement if: (a) The Client is in breach of any obligations laid down in the Conditions or any other written agreement; or (b) The Client enters into administration or is subject to winding up proceedings, other than for the purposes of a bona fide amalgamation or reconstruction, whether compulsory or voluntarily or compounds with their creditors generally or has an administrator, administrative receiver or receiver appointed over all or a substantial part of its undertaking or assets; or (c) The Client is declared bankrupt or is deemed unable to pay its debts by virtue of Section 123 of the Insolvency Act 1986; or (d) The Client threatens or actually ceases to cease trading; or (e) Any other circumstances whatsoever that may arise and are beyond the reasonable control of the Supplier (including but not limited to, through no fault of the Supplier, the termination of the service) that necessitates the termination of the provision of services. 9.2 In the event of termination, the Supplier shall retain any sums already paid by the Client for services received, without prejudice to any the Client s statutory or contractual rights. The Supplier shall also be entitled to raise invoices and receive payment from the Client for any work carried out prior to the termination. 10. Sub-Contracting 10.1 The Supplier retains the right to sub-contract the performance of any of its obligations under this agreement without prior written consent from the Client. 11. Liability 11.1 With the exception of any death or personal injury caused by the direct negligence of the Supplier, the Supplier will not, by reason of any representation, implied warranty, Page 5 of 9 TERMS & CONDITIONS Authorised by: Mr C Naylor

6 condition, term, duty at common law or any other express or implied terms of this contract, be liable for any loss of profit or any indirect, special or consequential financial loss, damage, costs, expenses or other financial claims, that may arise in connection with the performance of this contract or by virtue of the Client s use of the Services supplied The Client agrees to indemnify the Supplier against all damages, costs, claims and expenses it suffers as a result of any loss or damage to any equipment (including that of third parties) caused by the Client, its agent or employees The Supplier shall not be liable to the Client or be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of the Supplier's obligations, if the delay or failure was due to any cause beyond the Supplier's reasonable control. This includes delays caused either directly or indirectly by the Client Any instructions received by the Supplier by authorised personnel working for the Client will be accepted with the same level of liability. 12. Force Majeure 12.1 Neither party shall be liable or deemed to be in breach of contract by virtue of delay or failing to perform any of their obligations in relation to the services for reasons that fall beyond their control. Without prejudice, the following shall be regarded as causes beyond the parties control, thus constituting a force majeure: - Acts of God, explosions, floods, tempests, fires or accidents; - War or threat of war, sabotage, insurrection, civil disturbance or requisition; - Acts, restrictions, regulations, by-laws, prohibitions or measures of any kind taken by any government department, parliamentary body or local authority; - Acts of terrorism; - Strikes, lock-outs, or other industrial actions or trade disputes (whether involving employees of either the Supplier or the Client or of a third party); - Difficulties in obtaining raw materials, labour, fuel, part or machinery; - Power failure or breakdown in machinery, including web servers, computers, laptops or any other pieces of electronic equipment. 13. Waiver 13.1 No waiver by the Supplier of any breach of these terms and conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of this agreement shall be effective only if given in writing and signed by the relevant party No failure or delay on the part of any party in exercising any right, power or privilege under this agreement shall operate as a waiver, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of or the exercise of Page 6 of 9 TERMS & CONDITIONS Authorised by: Mr C Naylor

7 any other right, power or privilege. This contract will be immediately terminated by the Supplier once it becomes aware of a repudiatory breach of the contract by the Client. 14. Severance 14.1 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, this ruling will have no practical effect on the remainder of the provisions contained herein. 15. Intellectual Property 15.1 The Supplier retains all rights associated with its trademarks, copyright and any other intellectual property The Client must seek the Supplier s express written approval before using any of its intellectual property for any purpose whatsoever The Supplier reserves the right to take legal action to protect its intellectual property without terminating the agreement. 16. Confidentiality 16.1 The Client shall not disclose any confidential information provided by the Supplier to any agent, sub-contractor, partner or other third party without prior written consent Confidential information includes any account details, passwords and login information, or any other details that grant the Client access to systems, dashboards or accounts owned or controlled by the Supplier The Supplier shall not disclose any personal information of debtors to any third party not directly involved in the debt recovery process Personal information includes the name, age, address, occupation or any other information that could be used to identify a person or company. 17. Notices and Service 17.1 Any information required or authorised by this Agreement will be sent by post, , fax or any other form of electronic communication 17.2 Any information sent by registered post which is not returned to the sender as Page 7 of 9 TERMS & CONDITIONS Authorised by: Mr C Naylor

8 undelivered shall be deemed to have been served on the seventh day after postal date. Proof that the envelope was properly addressed, registered and posted shall be sufficient evidence that the information has been duly served Any information sent by , fax or any other type of electronic communication shall be deemed to have been duly served on the date of transmission Service of documents regarding legal proceedings arising from this agreement shall be issued and served at the principal or registered office of either party. 18. Applicable Law and Jurisdiction 18.1 These terms and conditions shall be governed and construed in accordance with the law of England and Wales, and the parties shall submit to the exclusive jurisdiction of the English and Welsh courts. Specification Schedule Description Pre-legal Debt Recovery, which may include: Issuing of correspondence Telephone Contact Contact SMS Messages Visiting the address Commencement Payment Terms Date Receipt of instruction All monies collected by Dukes Bailiffs Limited will be paid net less 25% commission. Monies paid direct to yourselves on or after the commencement date will be invoiced at 25% commission. Payment is due within 7 days of invoice. Successful tracing of Debtor Receipt of instruction A fee of 25 + VAT per successful trace. Payment is due within 7 days of invoice. To register yourself or your Company to authorise Dukes Bailiffs Limited to collect outstanding debts, a registration fee of VAT is required. An invoice will be issued as confirmation once payment has been received. Once registered, you are able to issue an unlimited number of accounts for collection as and when required. Page 8 of 9 TERMS & CONDITIONS Authorised by: Mr C Naylor

9 I am duly authorised to sign this contract on behalf of the Company detailed below. Signature. Print name.. Position Company Name. Address Telephone Number Fax Number Date. Page 9 of 9 TERMS & CONDITIONS Authorised by: Mr C Naylor