Our contract
1.1) By using or subscribing to our site you enter into a binding contract with us on the following terms and conditions.
A UK business service only
2.1) Our site is directed exclusively to commercial enterprises in the United Kingdom who wish to recover debts within England and Wales.
2.2) You represent to us that all subscriptions to be paid by you through our site will be made for purposes integral to the subscribing business and will be within the scope of your authority to conclude contracts on behalf of your business.
Our promises
3.1) We will permit you to access, use and interact with our site subject to these terms and conditions.
3.2) We will:
3.2.1) exercise reasonable care in compiling our site;
3.2.1) use reasonable efforts to make our site available to you at all times; and
3.2.3) not divulge any data entered by you on our site to any other person who does not have lawful authority to view it (e.g. the police or money laundering authorities), without your express written consent.
Exclusions and limitations
4.1) We do not represent or warrant that access to our site, or any part of it will be uninterrupted, reliable or fault free.
4.2) We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
4.3) We do not represent or warrant that:
4.3.1) any services (whether or not provided by us) will be provided with due care and skill; or
4.3.2) any goods (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
4.4) To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
4.4.1) any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site, our server or any information on our server;
4.4.2) the unavailability of our site (or any part of it), goods or services, or your own data stored on our site;
4.4.3) any delay in providing, or failure to provide or make available, goods or services or any negligent provision of goods or services;
4.4.4) any goods not being of merchantable quality or fit for their intended purpose; or
4.4.5) any misrepresentation on or relating to our site, the goods or the services (other than a fraudulent misrepresentation made by us or on our behalf).
4.5) Our maximum liability to your business in respect of your use of our site or any services we pro-vide or make available to you through or in relation to our site will be the amount of any subscription fees paid on behalf of your business during the year in which the liability arose. You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.
4.6) You agree that each of these limitations is reasonable having regard to the nature of our site and the availability of advice in the event of any unforeseen problem arising.
4.7) None of the exclusions or limitations in this clause 4 shall exclude or restrict our liability for death or personal injury caused by our negligence.
4.8) None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the re-supply of our site, good or service to you.
4.9) Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
Site subscription and charges
5.1) By subscribing to our site, you agree to pay our charges at the rate applicable from time to time and stipulated on the site.
5.2) If you fail at any time to pay any subscription charges due in accordance with these terms and conditions we may, in our discretion and without prejudice to our other rights, deny you access to those areas of our site which are exclusively available to subscribers. We need not provide you with advance notice in such circumstances.
Links to other sites
6.1) Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
Termination of subscription
7.1) We may terminate your subscription immediately if you are in material breach of any of these terms and conditions and in particular upon any failure by you to pay your subscription charge in accordance with these terms and conditions. You may terminate your subscription by following the guidance given upon clicking our “Cancel subscription” button in our website. No prepaid subscriptions, nor any part thereof, shall be refunded in the event of your cancellation.
7.2) Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
No commercial use
8.1) You agree that you will use our site only for your internal business purposes and that you shall not exploit our site or any of its contents for any commercial purpose other than the recovery of debts due and owing to the subscribing member.
General
9.1) Third party rights
Where in these terms representations and warranties are made to us and to suppliers of goods and services through our site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you by virtue of the Contracts (Rights of Third Parties) Act 1999. Otherwise the application of the said act is excluded from this agreement.
9.2) Variations
We reserve the right at any time without notice to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use.
9.3) Taxes
Our published prices are VAT exclusive. Please note before you make an order that you will be required to bear a liability to value added tax imposed by operation of law that is in addition to the price.
9.4) The use of your information
You agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.
9.5) Copyright
All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of services through our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.
9.6) Access
We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use.
9.7) Events beyond our control
We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
9.8) Applicable law and jurisdiction
These terms and conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with English law and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
9.9) Unenforceability
The enforceability or otherwise of any provisions of these terms and conditions shall not affect the enforceability of the rest of these terms and conditions.
10) Definitions
In these terms and conditions:
10.1) 'our site' means our presence on the Internet;
10.2) 'our', 'we' and 'us' means John Pugh and, where applicable, his officers, employees and
authorized agents; and
10.3) 'you' and 'your' include any business with which you are associated and on behalf of which you use our site ('your business').