Terms & Conditions
These Terms and Conditions apply in respect of all access by you of the Site, each and every set of instructions received by Corporate Learning Concept Limited (referred to as "CLC") from you and to the collection of debts from third parties and all other services available on the Site.
www.collect-debts.co.uk is a registered trading style of Corporate Learning Concept limited.
|All intellectual property rights in all the materials contained in the Site, the software used in the Site, products available from the Site, any materials provided by CLC to you and the data collected by the Site (the "Content") including but not limited to patents, copyright, database rights, trademarks, design rights and domain names belong to CLC and you shall obtain no rights in the Content save as set out in the following sub-clause.
You may access and view the Content and may retrieve and display Content from the Site on a computer screen and/or print individual pages on paper and/or make a reasonable number of photocopies and/or store Content in electronic form on your computer's local hard-disc for your personal, internal use only. However, you may never use or download the letters which are found on the Site and you may not otherwise copy, distribute, sell, publish or commercially exploit any of the Content without our prior written permission.
|3.||CHANGES TO CONTENT|
|CLC may make changes to any part of the Site or the Content (including without limitation these Terms and Conditions or the Pricing Schedule) at any time. Where CLC make changes to these Terms and Conditions or the Pricing Schedule, CLC will notify you of any such changes by including reference to changes on the Site's Terms and Conditions page. By using the Site 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 Site 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 such circumstances you will remain liable for all fees due and disbursements and agents and other charges properly incurred by CLC up until the date of such request, together with all fees and disbursements incurred after such date which CLC could not reasonably be expected to have prevented. Ceasing to use the Site under this section does not constitute termination of the Terms and Conditions or release you from any continuing obligations under the Terms and Conditions.|
|4.||PROVISION OF SERVICES|
|CLC will act on your behalf in accordance with the description of the Services requested by you to attempt to recover debts and goods from third parties who owe money to you.
By using this service you are accepting responsibility for the information supplied. You accept the validity of the debt outstanding is true and accurate.
In providing the Services, CLC will use such lawful commercial means to recover such debts as it deems appropriate.
If you receive any information which has or may have any bearing on the debtor's ability to pay, you shall pass such information on to CLC immediately together with any instruction for further action you wish CLC to take.
CLC 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 CLC could not reasonably be expected to have prevented.
Please note that for cost reasons CLC advise you that you should not request CLC's Legal Services on debts below £250 in Scotland and £500 in Northern Ireland. CLC does not provide Legal Services on any debts outside the United Kingdom.
Time shall not be the essence in the undertaking by CLC of any of the instructions received from you.
Services and the fees are as follows:
|Registered Office Search||£2.00|
|All instructions from you must be input through the Site in the manner prescribed by the Site except that instructions concerning disputed debts subject to legal action may also be provided in letter or fax form. Instructions may, at the sole discretion of CLC, be provided by telephone or verbally in person but no responsibility will be accepted by CLC for faults, mistakes or misunderstandings arising from those instructions. All telephone or other verbal instructions must be confirmed by you in writing as soon as possible. You are solely responsible for the fullness and accuracy of all instructions.
As mentioned in clause 4, CLC may decline any instruction for whatever reason. However, if CLC is prepared to accept an instruction, CLC may commence the Services without further confirmation to you.
|WARRANTY OF AUTHORITY|
|You agree that any of your employees, agents or representatives who contact CLC shall have authority to give instruction to CLC unless otherwise expressly agreed in writing.|
|6.||WARRANTIES AND LIMITATION OF LIABILITY|
|The Content is for general information only and is provided on an "as is" and an "as available" basis. CLC makes no representations and gives no warranties as to the accuracy, availability, completeness, merchantability, quality or fitness for any particular purpose of the Content.
CLC does not warrant that the Content or the Site is virus-free or that the operation of the Site will be uninterrupted or error free.
CLC will use its reasonable endeavours to recover debts on your behalf through the provision of the Services. CLC 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, CLC 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. CLC will have no liability for any loss arising out of any such destruction. At any time before the expiry of this six month period CLC will, upon receipt of a written request from you, return your documents at your risk and expense.
CLC 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, CLC 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 CLC 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 Site;
• any loss or damage to your computer or other computer systems that results from your downloading any of the Content or otherwise through your use of the Site;
• any loss or damage occasioned by use of the Client ID 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 CLC 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 CLC in respect of that one instruction at the date the cause of action arose.
|You will comply fully with all rules from time to time prescribed by CLC, in relation to your use of the Site or the manner of the provision of the Services for the purposes of ensuring the security of the Content, the Services and the Site.
You acknowledge and agree that control of and the security of account numbers, identification codes and passwords used to access the Content, the Services and the Site (collectively the "Client ID") 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 Client ID or the use of the Client ID by any unauthorised persons;|
|(ii)||you will inform CLC immediately on becoming aware of any unauthorised use and/or disclosure of the Client ID, 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 Client ID irrespective of whether such charges are authorised by you; and|
|(iii)||you remain liable for any and all charges for Services incurred in connection with the Client ID irrespective of whether such charges are authorised by you; and|
|(iv)||CLC may invalidate or otherwise suspend use of the Client ID 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 Client ID by you or any third party, or of the fact that any equipment used to access the Site and the Services has been stolen.|
|(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 CLC in designing and/or developing the software, the Site, the 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 CLC hereunder.|
|(c)||The provisions of sub-clause 10(a) above shall not apply to any confidential information to the extent that:|
|(i)||neither 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 CLC to disclose it to Solicitors or other persons engaged by CLC in providing the Services.|
|9.||CO-OPERATION AND ASSISTANCE|
|You shall, at your own cost, co-operate with CLC to such extent and provide to CLC such information and assistance as CLC shall reasonably require to enable CLC to perform its obligations in relation to the Services.|
|In the event that CLC declines your instructions CLC will refund any fees paid by you in advance in full only if it has taken no action on the instructions. Otherwise, CLC will refund that amount which it believes is reasonable in the circumstances.
CLC's fees charges and other costs and expenses incurred on your behalf are quoted inclusive of VAT which is set at the prevailing rate in accordance with legislation from time to time in force.
CLC shall be entitled to increase the fees set out in the Pricing Schedule in accordance with clause 4.
Where any amounts are owing to CLC, CLC shall be entitled at any time to deduct any such amounts from any sums received on behalf of you by CLC 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 CLC and giving full details of all deductions.
All fees are payable on demand regardless of the outcome of the matter.
All amounts invoiced by CLC to you shall be paid on receipt of CLC's invoice. If payment is not received within 7 days, CLC shall be entitled to charge interest on all overdue invoices from the due date at a rate of 4 % per annum above Lloyds TSB 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 CLC, without prejudice to CLC's right to recover from you any costs it incurs, a further administration fee of £150.00 plus VAT will become immediately due and payable from the Client to CLC.
|Any monies received on your behalf will be paid into a separate bank account for client money at CLC's bank. Any bank charges levied against CLC in respect of CLC'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 CLC in accordance with clause 10.|
|12.||TRANSFER OF MONIES RECOVERED|
|Any sum paid to CLC 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 CLC. 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 CLC.|
|13.||ENGAGEMENT OF THIRD PARTIES|
|CLC may, where you request Legal Services, instruct solicitors on behalf of you. CLC will liase with the solicitors on your behalf. You may be required to provide a letter authorising the solicitor to represent you.
CLC may, where you request Trace Services, engage a tracing service or other third party to carry out specific tasks on your behalf.
|Upon the failure by you to pay fees when due, CLC 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.|
|15.||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 CLC for the purpose of providing the Services to you, and CLC may use this data for its internal administrative purposes, collating statistics on performance of the Services, contacting you in relation to other services CLC offers, and any other related matters. As part of this process CLC may disclose this data to its agents and sub-contractors and other members of its group but CLC will not disclose it to any other third parties.
Without prejudice to the foregoing, you will ensure that the provision by you to CLC of personal data about debtors or any other persons and CLC's use of such data in carrying out the Services shall not result in CLC infringing the Data Protection Act 1998. You shall indemnify CLC 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.
|(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 CLC 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.|
|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.|
|These Terms and Conditions (including the 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.|
|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.|
|The headings used for these Terms and Conditions are for convenience only and shall not affect the construction of these Terms and Conditions.|
|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.|