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DebtorController.com Terms and Conditions
- Scope and Interpretation
- Use of Information and Confidentiality
- On-Line and Internet Access to Databases
- Liability
- Indemnity
- Payment
- Anonymity
- Term and Termination
- Assignment
- Force Majeure
- Data Protection
- Waiver
- Headings
- Law of Contract
These terms and conditions apply to the provision of services provided by Creative Intelligence UK Limited t/a Debtor Controller ("Debtor Controller") and its associated concerns to the Client. Unless expressly agreed in writing by Debtor Controller 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 Debtor Controller 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 Debtor Controller.
'Client' means any individual, firm, partnership, company or organisation or any other undertaking whom registers to use the services of Debtor Controller, and for which Debtor Controller has a record of such registration.
'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 Debtor Controller.
'Debt Tokens' means one or more Debt Tokens of such value in sterling as Debtor Controller shall specify that may be purchased by the Client and used in payment for the services provided by Debtor Controller and its agents or associates.
All information provided by Debtor Controller 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 Debtor Controller or its agents, associates 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 Debtor Controller. 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 Debtor Controller in each instance.
In the event of the Client arranging to have on-line or internet access to databases via Debtor Controller the following provisions shall apply: The Client will bear all costs in relation to equipment and facilities including all telecommunications charges associated with using the services of Debtor Controller.
The Client will maintain strict security over the current passwords and limit knowledge of the passwords to those employees who are authorised to incur Debtor Controller 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 Debtor Controller immediately in writing.
The Client will interpret the information obtained in accordance with the definitions and explanations of terms which are provided by Debtor Controller from time to time.
Debtor Controller will use its best endeavours to maintain access to the databases it hosts 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. Debtor Controller 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 third parties, the accuracy or completeness of which Debtor Controller is unable to verify. Whilst Debtor Controller will use their reasonable endeavours to ensure that such reports and/or information is accurate and complete Debtor Controller does 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 Debtor Controller 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.
Debtor Controller shall not be liable for any loss or damage whatsoever as a result of the Client's use of the reports and/or information and/or services, 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.
Debtor Controller 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 Debtor Controller. Any loss to the Client from any action it chooses to take against any Debtor, howsoever arising, shall not be recoverable from Debtor Controller.
Debtor Controller reserve the right, for the reasonable protection of its business interests, 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. Debtor Controller shall not be liable for any loss or alleged loss arising.
Debtor Controller shall use its best endeavours to ensure that the Client has uninterrupted access to the Debtor Controller website, but the availability of the website may be subject to technical interruption. Debtor Controller 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 Debtor Controller website or otherwise or for any other reason.
The Client shall indemnify Debtor Controller its officers employees agents or associates 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 Debtor Controller'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 Debtor Controller's invoice.
Payment of the fee and VAT shall be charged at the time and point of ordering service. If payment in full is not made on the due date and we reserve the right to apply Satutory Late Payment Charges and Statutory Interest shall accrue on the outstanding amount from the date payment becomes due from day to day until the payment is received at the prevailing statutory 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 Debtor Controller as a source of reference except with the prior written consent of a director of Debtor Controller.
This Contract shall commence on registration and thereafter may be terminated by either party giving not less than one weeks written notice. On termination by the Client, no refunds for Debt Tokens or subscriptions will be payable by Debtor Controller. Debtor Controller may terminate this Contract at any time with immediate effect if:
The Client fails to pay any invoice for Debtor Controller 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.
Debtor Controller 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 Debtor Controller will take steps to invalidate the Client's passwords and thereby prevent access but otherwise termination will not effect Debtor Controller'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.
The Client shall not be entitled to assign either with or without payment any right to Debt Tokens or Subscriptions purchased. Debtor Controller has the right to assign management and control of the service to another party on serving Clients not less than 30 days written notice.
Debtor Controller shall not be liable for any default due to any act
of G-d, 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 Debtor Controller. Nothing in these Conditions shall prevent or hinder either Debtor Controller 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 Debtor Controller (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.
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.
Contact Information:
Debtor Controller
20 Marlborough Avenue
HA8 8UH
Email: info@debtorcontroller.com