TERMS & CONDITIONS |
| |
Terms and Conditions of Use Statement - www.companydocuments.co.uk
Company Documents (www.companydocuments.co.uk), operated by Wyse Assist, is a trading and delivery mechanism for providing various documents and business information.
|
- The following expressions shall have the following meanings:
Agreement means this, or any other Agreement, each of which shall incorporate these Terms and Conditions and any other special Terms and Conditions agreed in writing by the Customer and the Supplier.
Customer means any individual, firm, partnership, company or organisation or any other undertaking, which orders or receives from the Supplier any Image, Credit Information or any other service as detailed herein.
Supplier means Wyse Assist Ltd, Registered in England, number 05319965. VAT Number 878 78 74 34.
Contributors mean any party who owns or provides any of the data content or information, which is made available under this, or any Agreement. The identities of Contributors are made available on written request.
Image means any document that is delivered to the customer, in 'tiff' or 'pdf' format, that is a direct copy of an original company document.
Credit Information means any credit report or other business information of any kind supplied by the Supplier under this or any Agreement
Credit Card is the normal method of payment through the 'Company Documents' Website. (selected credit cards only)
Invoice Plan is a payment method for selected Customers who wish to pay for the use of the Supplier's products via invoice.
- The price payable by the Customer shall be in accordance with the Supplier's rate for the product(s) provided, quoted from time to time on the Company Documents Website. The price is exclusive of VAT, which shall be due at the rate ruling at the date of the Supplier's invoice. A VAT inclusive price is displayed in the shopping basket.
- Delivery of the product(s) is either by on-screen display of a document or by download of a document at the time of purchase. Purchased documents will also be stored on-line for Customers to retrieve at a later date, if required.
- In the event of a failed document download following payment, the Supplier will give assistance to the Customer via the customer helpline number shown on the Company Documents Website. The Supplier will either re-supply the image or document or, if appropriate, arrange for a refund or credit of the payment made.
- All information provided by the Supplier under this or any Agreement shall be treated in confidence by the Customer 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 Customer undertakes to use any Images or Credit Information supplied by the Supplier or its Contributors only for general information and not as the basis for making any business or other decision.
- The Images or Credit Information made available to the Customer under this or any Agreement is the copyright property of the Supplier and its Contributors, except as expressly set out in this or any Agreement. All rights are reserved and the Customer shall not sell, rent out, disclose or sub-licence any part of any Image or Credit Information without the written consent of the Supplier and its Contributors in each instance.
- Images or Credit Information provided to the Customer may in whole or part represent, be compiled from or contain expressions of advice or opinion based on data supplied by Contributors, the accuracy or completeness of which the Supplier is unable to verify. Neither the Supplier nor its Contributors warrant or guarantee the accuracy or completeness of any Image or Credit Information provided to the Customer, or the validity of any advice or opinion contained therein. Nor do they make any representation in respect thereof and they accept no liability for any errors or omissions therein.
- All times and dates quoted for delivery of any Image or Credit Information are estimates only and the Supplier and its Contributors shall not be liable for any liability, loss or damage arising from the delay or failure of themselves or their officers, employees or agents in procuring, presenting, communicating or otherwise providing any Image or Credit Information.
- The Supplier and its Contributors shall not be liable for any loss or damage whatsoever as a result of the Customer's use of the Image or Credit Information, its reliance on any advice or opinions expressed therein including any loss suffered by the Customer as a result of any claim by the subject of any such Image or Credit Information arising from refusal of credit to its customers or other third parties or for any reason howsoever arising.
- The Customer hereby indemnifies the Supplier, its officers, employees, agents or associates and its Contributors from and against any liability, 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 any of the provisions of this or any Agreement by the Customer or by the Customer's employees or agents or by any other party acting through or with the Customer.
- The Customer has two payment options, either by way of selected credit card or, if accepted, by invoice (Invoice Plan). For Invoice Plan customers, payment of the product price and VAT shall be due within 7 days from the date that the invoice is issued.
- The Customer shall not identify the Supplier or the Contributors as a source of reference except with the prior written consent of a director of the Supplier.
- The Supplier may terminate this or any Agreement with immediate effect or decline to provide any Credit Information at any time if: (a) The Customer fails to pay any invoice for the Supplier's charges under this or any Agreement. (b) The Customer fails to remedy any breach of this or any Agreement within 30 days of receipt of notice of that breach. (c) The Customer becomes insolvent or 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. (d) The Supplier is for any reason unable to continue supporting the service (or any part of it) or making it available to the Customer.
- As from the effective date of termination of this or any Agreement in any circumstances, the Supplier may refuse the Customer access to the databases and the Supplier may take steps to invalidate the Customer's password and thereby prevent access but otherwise termination will not affect the Supplier 's entitlement to invoice and be paid for charges accrued under this or any Agreement or any other right or remedy which either party may have against each other.
- The Supplier shall not be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond its reasonable control.
- All requests received under the Consumer Credit Act or, where appropriate, the Data Protection Act shall be referred to the Supplier. Nothing in this or any Agreement shall prevent or hinder either the Supplier or the Customer from complying with their respective obligations as to disclosure or otherwise in connection with the aforementioned Acts.
- The Supplier's maximum liability under this or any Agreement shall be limited to the amount of the Supplier's invoice issued for the services.
- This is the entire agreement between the Customer and the Supplier. Any provision of this or any Agreement which is unenforceable under any applicable law shall not affect the remaining provisions.
- No waiver or forbearance by the Supplier (whether express or implied) in enforcing any of its rights under this or any Agreement shall prejudice its rights to do so in the future.
- The Supplier and the Customer agree that Contributors have relied upon and will be entitled to have full benefit under The Contracts (Rights of Third Parties) Act 1999. All those provisions having a bearing on the use of their information and on the rights and liabilities arising out of such use including, but not limited to, those provisions of this or any Agreement in which there appear references to "Contributors".
- The Supplier and the Customer agree that the data provided by the usage of the system can be used internally within the Supplier and its associated company Wyse Leasing for marketing and analysis operations. (see separate Privacy Policy on this Website)
- This Agreement shall be governed by, and construed in accordance with, English law which shall be the proper law of this or any Agreement and both parties hereby submit to the non-exclusive jurisdiction of the English courts.
These Terms and Conditions apply to the provision of company document images, commercial and consumer credit data, other commercial data, business information, management and other services provided by the Supplier to the Customer. Unless expressly agreed in writing by the Supplier, they apply to the exclusion of all other written or verbal representations, statements, proposals or agreements.
|
|
