⦁ DEFINITIONS
“Client” means the individual, business, or corporation to whom the Services are supplied.
“JS” means Justice Served™
“Agent” or “Agents” means any debt collector, field agent, investigator, solicitor, bailiff, sheriff, High Court enforcement officer, associate, servant, agent or other person instructed by JS to act on behalf of the Client in respect of the Services.
“Contract” is the contract for the provision of the Services.
“Debt” or “Debts” means any debt owing to the Client arising from the supply of goods and/or services for which the Client would be entitled to issue an invoice in the ordinary course of business and/or rent arrears owed to a landlord, estate or letting agent arising from a rental agreement.
“Debt Recovery Activities”
means the recovery or attempted recovery of Debt, or any other action or matter arising as a result of such recovery or attempted recovery, on behalf of the Client but excluding, for the avoidance of doubt, any counterclaims or actions which are not connected with the initial Debt as placed with JS.
“Services” means collection of Debts from third parties and any other service ancillary or associated with this function, all work and services performed by, or at the direction of JS, its associates, servants and agents in relation to the Debt Recovery Activities, as further described under Clause 2.
1.2 INFORMATION
JS is not regulated by the by the Law Society or the Solicitors Regulation Authority (SRA) as JS are not solicitors nor do we purport to be solicitors or a firm of solicitors. JS are not registered by the Financial Conduct Authority (FCA) as we do not undertake any regulated activities.
JS may from time to time offer advice on the best course of action. JS do not give legal advice. Any advice offered is not intended to be legal advice nor does it establish any form of lawyer client relationship between JS and the Client as JS are not lawyers; therefore, acceptance of any advice is at the client’s own risk and JS will be held blameless.
If the Client is unsure about any advice offered, they should seek independent legal advice.
1.3 JS shall act as an agent for the Client and is authorised by the Client to do all acts necessary for carrying out the Services on behalf of the Client, including but not limited to corresponding with Debtors, solicitors and other interested parties on the Client’s behalf, instructing solicitors, enforcement officers, bailiffs, enquiry agents, investigators or other third parties.
2. THE SERVICES
2.1 JS shall act as an agent for the Client and is authorised by the Client to carry out any and all legal acts necessary for carrying out the Services on behalf of the Client, including but not limited to corresponding with Debtors, solicitors and other necessary parties on the Client’s behalf, instructing solicitors, third parties, enforcement officers, enquiry agents or other third parties.
2.2 JS’s quotation or estimate shall be deemed to be an invitation to the Client to make an offer to contract JS’s services subject to these terms and such offer by the Client shall not constitute a valid Contract until accepted by JS’s authorised representative, which acceptance shall be conveyed to the Client either by receipt of a written confirmation by JS of the Client’s offer, or by the commencement of the provision of Services by JS, whichever shall be the earlier.
2.3 The Services shall be provided by JS through its own resources or, at the sole discretion of JS, through Agents.
2.4 JS shall, in its sole discretion, determine the most appropriate method and steps to be taken for the provision of the Services, including (without limitation) the giving of instructions on behalf of the Client to Agents.
2.5 JS reserves the right to refuse to accept any Debt, or refuse to instruct its associates, servants or Agents to perform any Services in relation to any Debt placed by the Client at JS’s discretion and shall be indemnified in full by the Client against all costs, claims and expenses incurred by JS, its associates, servants and Agents, in the performance of any Services which are found to be ineligible.
3. OBLIGATIONS OF THE CLIENT
3.1 The Client undertakes to provide JS with all documents and information relating in any way to the Debt and notify JS promptly of any material change to the documents and information provided, including any latest information of any kind, affecting the Debt directly or indirectly.
3.2 The Client undertakes that it will not make an arrangement with the Debtor for repayment of the debt or agree to reduce the amount of the Debt without prior agreement with JS.
3.3 The Client shall notify JS in writing of any payment made to the Client in or towards the satisfaction of the Debt.
3.4 The Client undertakes to pay to JS a collection fee for any monies paid directly to the client after acceptance by JS to act on the client’s behalf in the recovery of any monies due upon request.
3.5 The client undertakes to pay to JS a collection fee for any monies recovered.
3.6 All information provided by JS to the Client shall be held by the Client in the strictest confidence and shall not be disclosed to, nor relied upon, by any other person, firm, or company without the written consent of JS.
3.7 The Client undertakes to always cooperate with JS and it’s Agents.
3.8 The Client shall not instruct any other person, firm, or company in respect of the Debt or the Services without the prior written approval of JS and the Client will not instruct any other agency in relation to the Debt until this agreement is terminated under the terms hereof.
3.9 The Client shall provide all information and comply with the obligations specified under Clauses 3.1, 3.2 and 3.3 without delay. Any delay or information prejudicing JS’s or the Agent’s performance of the Services shall entitle JS to terminate the Services immediately.
3.10 The Client acknowledges its liability to meet in full all costs, claims, expenses and awards made against it by any court of competent jurisdiction as a result of the Debt Recovery Activities or the Services.
4. FEES AND EXPENSES
4.1 The Client fees shall pay all JS fees on receipt of invoice in accordance with the relevant standard JS scale of fees or price list in force at the time when the Debt is placed with JS.
4.2 JS is not VAT registered.
4.3 Subject to JS providing the Client with reasonable notice prior to any change, JS reserves the right to vary its scale of fees or prices at any time.
4.4 Payment is due Strictly on receipt of invoice. Failure to pay in full on the due date will entitle JS to:
4.4.1 receive interest at the rate set under s.6 of the Late Payment of Commercial Debts (Interest) Act 1998 as amended by The Late Payment of Commercial Debts Regulations 2002, as amended by the Late Payment of Commercial Debts Regulations 2013 calculated (on a daily basis) from the date of invoice until payment, compounded on the first day of each month before and after any judgment (unless a court orders otherwise);
4.4.2 claim compensation from the Client under s.5A of that Act to cover reasonable credit control overhead costs plus a fixed sum.
4.4.3 recover (under clause 4.6) the cost of taking legal action to make the Client pay.
4.5 JS may request the payment of charges and disbursements in advance based on the charges on the Price List.
4.6 On the due date for payment the Client shall pay to JS the balance due for payment, without any right of set-off, deduction, retention or withholding whatsoever.
4.7 The Client shall fully and effectively indemnify JS against the total expense to JS arising out of the Client’s breach or breaches of these terms. Such expense shall include, without limitation, all expenses incurred by JS in recovering overdue fees, all court fees, all amounts payable to JS’s professional advisers (payable on an indemnity basis) in pursuing claims against the Client for breaches of the terms and for enforcing any judgment(s) and/or orders, all amounts payable to JS’s debt recovery agents. The Client further agrees to so indemnify JS in the event that any instructions given to JS by the Client, its officers, contractors or its employees are not authorised by the Client, or if any information given to JS proves to be inaccurate, incomplete or misleading.
4.8 Other fees and expenses payable to Agents shall be payable by the Client in addition to the fees and shall be paid irrespective of the extent of any recovery achieved by JS hereunder (if any). Unbilled or outstanding fees and expenses of Agents shall become immediately due and payable in the event of the termination of the Services for any reason.
4.9 Once a Debt has been passed to JS and Services commenced any monies received by the Client from the debtor will be deemed to have been recovered by the intervention of JS who will then be entitled to raise an invoice for its fee which the Client agrees to pay on receipt of invoice.
5. RECOVERED PAYMENTS
5.1 JS will instruct the debtor to pay all monies straight into the Client’s bank account.
6. TERMINATION OF SERVICES
6.1 The Client may give written notice at any time to JS to terminate the Services at which point the Client shall be responsible for all fees, expenses and costs incurred to date and accruing and shall forthwith pay those fees, expenses and costs to JS . The Client shall also be responsible for any fees that JS could have reasonably expected to have earned from accounts it commenced collection action upon.
6.2 JS may terminate the contract, by written notice if the Client;
6.2.1 fails to pay JS any money when due;
6.2.2 becomes insolvent as defined in clause 8;
6.2.3 fails to honour their obligations under these terms.
6.3 The right of termination given by Clause 6.2 shall be without prejudice to any other right or remedy of either party in respect of any breach committed under the Terms and Conditions.
6.4 The Debtor is insolvent or the Debt is not worth perusing in the reasonable opinion of JS.
6.5 JS is asked to act in a manner that is a breach of its professional obligations or is illegal or immoral.
7. LIMITATION OF LIABILITY
7.1 Neither JS, its servants or agents represent that any information or advice given is accurate or that any statement made by JS, its servants or agents amounts to an undertaking, term, condition, representation, or warranty capable of incorporation into the terms or any collateral agreement hereto. In addition, JS will not be held liable for the Client’s reliance on any unauthorised representations, whether oral or in writing, made by JS’s servants or agents, unless such representations are confirmed in writing by the principle of JS.
7.2 Neither JS, its servants nor agents shall be liable for any direct or indirect losses or damages of the Client whether pure economic loss, consequential loss, or otherwise, arising from the services.
7.3 Subject to the provisions of the Unfair Contract Terms Act 1977, all warranties, conditions, representations whether written or oral, or other terms implied by statute or common law are excluded to the fullest extent permissible by law.
7.4 To the extent that the law does not permit the liabilities concerned to be excluded and unless otherwise expressly provided, JS’s entire aggregate liability for all claims arising out of these terms shall be limited to an amount equal to the fee payable by the Client to JS in respect of the Debt in relation to which the liability has arisen.
8. INSOLVENCY
8.1 JS may treat the Client as insolvent if:
8.1.1 they are unable to pay their debts as they fall due; or
8.1.2 they become the subject of:
any formal insolvency procedure (examples of which include receivership, liquidation, administration, voluntary arrangements (including a moratorium) or bankruptcy).
any application or proposal for any formal insolvency procedure; or
any application, procedure, or proposal overseas with similar effect or purpose.
9. NOTICE
Either JS or the client may serve notice upon the other by pre-paid first-class post at the registered office or normal place of business of the other party. Post is deemed to have been received the next working day after the day of posting, JS does not accept service by fax or email.
10. FORCE MAJEURE
The provision of the Services shall automatically terminate subject to payment by the Client of fees and expenses incurred to that date, in the event that such provision of Services is frustrated or incapable of performance, through any cause beyond the control of JS or the Client, including but not limited to acts of God, accident, explosion, fire, transport delays, strikes and other industrial disputes, and compliance with any government laws, regulations or orders.
11. DATA PROTECTION
11.1 JS is committed to processing personal data (as each term is defined in the Data Protection Act 2018 (“GDPR”)(“data”) in accordance with the provisions of the Data Protection Act 2018. Where data is provided to JS, it will be received on the premise that the Client is authorised to process such data in compliance with its obligations imposed by the Data Protection Act 2018 or similar legislation. JS is a Data Processor under the terms of the Data Protection Act 2018 and the Client is the Data Controller. JS accepts no responsibility or liability for any action or claim brought by an individual or the Office of the Information Commissioner where the Client is found to be in, or has been in, contravention of the provisions and principles of the Data Protection Act 2018 or similar legislation. The Client agrees to indemnify JS for any losses JS may sustain in responding to any such action or claim on the Client’s behalf.
11.2 The data will be used by JS in the provision of its Debt Recovery Activities, Services and general collection and credit management activities, and it may be necessary for JS to share the data with others. For example, the data will be passed to legal advisers, debt recovery agents, tracing agents or credit reference agencies all of which may be located both within and outside the Economic European Area.
11.3 If the Client shall at any stage become a data processor (as defined in the Data Protection Act 2018) in respect of any data provided to and by JS, the Client will follow the sole instructions of JS in connection with such processing and shall indemnify JS, and take appropriate measures, against unauthorised or unlawful processing of such data and against accidental loss or destruction of, or damage to, such data.
11.4 The Client may write to the Data Protection Officer of JS at Justice Served, Pioneer House, Pioneer Business Park, North Road, Ellesmere Port, Cheshire CH65 1AD for information as it relates to the Services, otherwise the Client should seek legal advice for general data protection enquiries.
12. GENERAL
12.1 These terms apply to the Services and no variations shall be effective unless made in writing, signed by the principal of JS and the Client, expressing an intention to vary these terms.
12.2 These terms shall be between JS, its servants or Agents, and the Client and shall not be capable of assignment or transfer in whole or in part by the Client without the prior written consent of JS.
12.3 English Law is applicable to any contract under these terms. The English courts have non-exclusive jurisdiction.
12.4 No delay or failure by JS in enforcing any provision of the Contract shall constitute a waiver of that provision or any other provision. No waiver by JS of any breach by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision. No waiver by JS shall be effective unless in writing.
12.5 If any provision of the terms is held by a competent authority to be invalid or unenforceable, in whole or in part, the validity of the other provisions of the terms and the remainder of the provision in question shall not be affected.
12.6 These terms (together with any documents referred to in them) constitute the whole agreement between JS and the Client relating to its subject matter and supersede any prior agreements or understandings.
12.7 Nothing in these terms affects or limits the liability of JS for fraudulent misrepresentation.
12.8 Nothing in these terms shall confer on any third party any benefit or the right to enforce any provisions of these Terms and Conditions.
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