Website terms and conditions: services to business and consumers

 

Trading terms and conditions of Nationwide Debt Solutions Ltd

 

These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.

 

No person under the age of 18 years may purchase Services. We look forward to seeing you again when you are over 18.

 

We are: Nationwide Debt Solutions Ltd   

Company Registration 3895407 (Established 1999)
Our address is:

Bellingham House, 2 Huntingdon Street, St Neots, Cambs, PE19 1BG

Tel: 01480 471615 

Email: info@nationwidedebtsolutions.co.uk

Vat Reg No 738 1623 28

You are: a visitor to Our Website / our customer

The Terms and Conditions

1 Definition

In this agreement:

“Our Website” means the entire computing hardware and software installation that is or supports Our Website.

“Services” means Debt Recovery that we offer on a No Win No Fee basis on our Website and include generally available updates and support services so far as specified for each service.

No Win No Fee (online recovery procedure)

1. Enter your Company Details or if an Individual your personal details on our website

2. Enter full details of your debtor as instructed on web page

3. Enter Contact Name Phone number and email address of debtor

4. Enter the date of invoice or if more than[1]  one invoice enter date of earliest invoice

5. Enter the Currency Value of the Debt (if more than one invoice, add them all together) and the due date for payment of first invoice only.

6. Tick box to add Interest and/or Late Payment (Your entitled to these) Directive              2011/7/EU

7. Click Send and we are on your case

8. We will acknowledge your instructions by email and keep you informed of progress.

“Content” means any material in any form published on Our Website by us or any third party with our consent.

“Material” means Content of any sort posted by you on Our Website

 

2 Our contract with you

These terms and conditions apply:

2.1 So far as the context allows, to you as a visitor to Our Website; and

2.2 In any event to you as a buyer or prospective buyer of our Services.

2.3 We shall accept your instructions by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your instructions.

2.4 If at any time the service advertised on our website becomes unavailable, we will immediately inform you and if possible advise you when it may be available at a later time or date.

2.5 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you instruct us for the Services.

2.6 Money that has been collected by us on your instructions via Our Website, direct email, mail or telephone instructions (for this or any other reason), we will credit your bank account as soon we have cleared funds. (4.3) and (4.6)

2.7 In the event your debtor is unable or refuses to pay, we will send our Solicitor approved pre-litigation LBA (Letter Before Action) as part of the process. (4.7)

 

 

3 Your Debt Recovery contract with us

3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself, and your debtor details (entered online, emailed direct or mailed confirmation) for us to recover monies owed to your company or you personally as a consumer. We need this information to provide you with the Services.

3.2 We may require on receipt of your instructions or at any time during the recovery process further information from you (copy invoices, terms & conditions, contracts etc) which will be used to support and progress your case in a professional manner.  

3.2 If you use the website, you are responsible for maintaining the confidentiality of your email address and password and for preventing any unauthorised person from using your computer.

3.3 You agree to accept responsibility for all activities that occur via your email or password. You should tell us immediately if you believe some person has accessed your account without your authority.

3.4 The Debtor from whom the Debt is owing is not in breach of and has not sought to repudiate or rescind the content in which the Debt relates too,

3.5 Your Debtor is not in Liquidation or has called a meeting of creditors or in or entering into a CVA (Creditors Voluntary Arrangement)

3.6 When you receive a payment of the debt from your debtor you should inform us as soon as possible by telephone or email.

3.7 It is your responsibility to ensure that information entered on our website or given to us via email or telephone are compliant with ICO date protection regulations.

https:/ Ico.org.uk/for-organisations/guide-to-data-protection/

 

4 Price, payment, and service provision

4.1 It is possible that the price for the service you requested may be different from that posted on our Website. If that happens, we will not provide the Services until you have confirmed that you wish to order at the new price.

4.2 We charge a commission which is set out on our website for the recovery of all debts entered on our website and those instructions that are given by direct emails or by telephone.

4.3 We will advise you of all payments that we receive and bank these in our client account and on cleared funds these are transferred via BACS to your account, less our agreed recovery commission.

4.4 We will send you an invoice for all recovered monies when the maximum recovery or agreed settlement of the debt has taken place.

4.5 We will add late payment fee and interest to all debts unless you instruct us otherwise on our website.

4.6 Where we receive a cheque from your debtor made payable to you we will advise you immediately and send cheque direct to you first class mail.

4.6 Where payment has been made direct to you (3.6) we will send invoice for the commission based on the value of the debt you instructed us to recover.

Pre-Litigation Service

4.7 Where your debtor is refusing to pay we will discuss with you Pre-Litigation action in which with no cost to you we send our Solicitor approved LBA (Letter Before Action) and we continue to make further telephone contact with your debtor for payment.

4.7.1 At this stage we would have established if there was any dispute regarding your debt and reviewed the debtors’ financial situation.

4.7.2 If no payment or settlement is forthcoming from the LBA based on the value of the debt and the debtors’ financial situation it will be discussed with our Solicitor to make recommendations for legal action.

4.7.3 Where you wish to take legal action our Solicitor will prepare and manage your case for you on a fixed fee basis. Interest and late payment are included, you are entitled to these (Directive 2011/7/EU).  Court fees would be agreed with you and are payable on commencement of the action. All court fees, fixed Solicitor fees and our No Win No Fee commission charges are taken out of successful judgement awarded with costs in your favour.

4.8 You may not share or allow others to use the Services in your name.

4.9 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted to the Services for reasonable periods for maintenance or causes beyond our control. When we are aware of the likelihood of downtime, we will tell you in advance.

 

5 Foreign taxes, duties and import restrictions

5.1 If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.

5.2 You are responsible for purchasing Services which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

5.3 We recover European debts and at times for more Worldwide recovery instructions these are often conducted with our Associates in the locality of the debtor

 

6 Dissatisfaction with the Services

6.1 Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Services, please tell us at the earliest opportunity:

6.1.1 exactly why you think we have failed;
6.1.2 the date, if relevant, of the failure;
6.1.3 when and how you discovered the failure;
6.1.4 the result of the failure;
6.1.5 your suggestion as to action we should take to resolve the situation and restore your faith in us.

6.2 To do this, it is essential that you contact us by email at the Contact Point on Our Website.

 

7 Disclaimers

7.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Services, at any time and without advance notice.

7.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.

7.3 We give no warranty and make no representation, express or implied, as to:

7.3.1 the adequacy or appropriateness of the Services for your purpose.
7.3.2 the truth of any Content on Our Website;
7.3.3 any implied warranty or condition as to merchantability or fitness of the Services for a particular purpose;
7.3.4 compatibility of Our Website with your equipment, software or telecommunications connection.
7.3.5 compliance with any law;
7.3.6 non-infringement of any right.

7.4 Our Website may contain links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

7.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or t of Services.

7.6 In any claim against us our liability is limited to the value of the services you have requested in the contract which is the subject of the dispute.

 

8 Content and Intellectual Property Rights

8.1 We will defend the intellectual property rights in connection with our Services and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

8.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.

8.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

8.4 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

8.5 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

 

9 Your email address

9.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.

9.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.

9.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.

 

10 Your Material

10.1 If you post any Material in Our Website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.

10.2 You agree that if you do post any Material on Our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.

10.3 You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.

10.4 You represent and warrant that:

10.4.1 you own the rights to all of the Material that you post;
10.4.2 any fact stated in your Material is accurate;

 

11 System Security

11.1 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.

11.2 You may not use any software tool for the purpose of extracting data from our website.

11.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

 

12 Acceptable use Policy

As a condition of your use of Our Website, you agree to comply with these provisions:

12.1 You will not use or allow anyone else to use the Web Site to post or otherwise publish:

12.1.1 copyright works;
12.1.2 commercial audio, video or music files;
12.1.3 any Material which violates the law of any established jurisdiction;
12.1.4 unlicensed software;
12.1.5 software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
12.1.6 links to any of the material specified in this paragraph;
12.1.7 pornographic Material;
12.1.8 any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.

12.2 You will not use the Services for spamming. Spamming includes, but is not limited to:

12.2.1 the bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
12.2.2 the sending of junk mail;
12.2.3 the use of distribution lists that include people who have not given specific permission to be included in such distribution process;
12.2.4 excessive and repeated posting off-topic messages to newsgroups;
12.2.5 excessive and repeated cross-posting;
12.2.6 email harassment of another internet user, including but not limited to, transmitting any threatening, libellous or obscene material, or material of any nature which could be deemed to be offensive;
12.2.7 the emailing of age inappropriate communications or content to anyone under the age of 18.

 

13 Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

 

14 Miscellaneous provisions

14.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

14.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.

14.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.

14.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

14.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

14.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

14.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

14.8 This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.