CreditXS commercial debt collection service

Credit XS Online Debt Recovery Service
Terms & Conditions

1. This document ("the Agreement") forms the terms and conditions governing the relationship between My Credit Controllers Ltd (‘We’, ‘Us’) and ‘You, ‘the client’ pertaining to the collection of invoices. Please read this Agreement carefully and make sure that you understand the content before ordering any services from us. Please note that before placing an order you will be asked to agree to the terms of this Agreement. If you refuse to accept these terms, you will not be able to order any services from our site.

2. You may contact us by telephoning our customer service team at 01522 716 212 or by e-mailing us at creditxs @mycreditcontrollers.co.uk.

3. Your use of our site is governed by our Terms of Website Use and our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

4. You acknowledge that in entering into this Agreement you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement or our Privacy Policy or Terms of Website Use.

5. After you place an order for our services we will acknowledge receipt to you by email, or other form of writing. The contract between us will only be formed when we send you such acknowledgement.

6. We amend the terms of this Agreement from time to time. Please look at the top of this page to see when this Agreement was last updated and which terms were changed.

7. Every time you order services from us, the terms in force at the time of your order will apply to the Agreement between us.

8. We will perform debt recovery services on behalf of you on the terms set out in this Agreement. This will involve telephoning and emailing your customers on your behalf to achieve the earliest payment of monies outstanding to you.

9. We will contact all debtors for whom we have received instructions from you. You must supply us with all necessary information and documentation on a timely basis to enable us to carry out our obligations. In the event that such information and any additional information is not passed on within 7 days from the request then we reserve the right to cease the collection for that account.

10. We will only deal with business to business accounts that are valid and recoverable. We will not collect overdue debts from individuals.

11. You will immediately notify us of any monies, offers or correspondence received directly from the debtor in respect of any debts on which we have been instructed. Where goods are returned or contra agreements or credit notes issued by the debtor against any debt in respect of which we have been instructed, we will charge you the normal fees as if that debt had been successfully collected by us. If you instruct us to stop collection of a debt for no valid reason other than the legal insolvency or other demise of the debtor, then we will charge the normal fees as if that debt had been successfully collected.

12. Where we recover cheques from debtors will shall endeavour to have those cheques made payable to you.

13. Once instructed we may, if agreed with you, collect moneys directly from debtors. Any monies so collected shall be kept in a separate account strictly on trust for the client, provided that we shall be entitled to deduct and set off from any such monies, any fees and disbursements properly incurred by us pursuant to this Agreement. Any such monies, less any of our fees and disbursements due, shall be remitted to you within 14 days of such funds clearing our bank account.

14. We will at all times maintain confidentiality as regards the information obtained from you in the performance of the services and shall not disclose such information to any third party.

15. To the extent that any data or information regarding debtors provided to us by you is personal data within the meaning of the Data Protection Act 1998 :
a. we will process such data and information only in accordance with your instructions;
b. we will not transmit such data and information to a country or territory outside the European Economic Area without your express consent; and
c. we will take such reasonable technical and organisational measures against unauthorised or unlawful processing of such data and information and against accidental loss or destruction of, or damage to, such data and information as are reasonably appropriate.

16. Fees will be charged on all debts collected for you, whether in whole or in part, in accordance with the current rates agreed between us, and all charges, with the exception of court fees, will be subject to VAT at the prevailing rate, which will be charged in addition to our fees. We reserve the right to increase our fees from time to time on 14 days written notice. If such increase is not acceptable you shall notify us within 7 days, after which you shall be deemed to have accepted such increase.

17. Disbursements i.e. court fees are your responsibility. Where instructed by you to engage the services of a third party, all applicable fees will be payable by you to us in advance.

18. In the event that the Agreement is cancelled before any monies are collected then we will charge an administration fee of 1% of the instructed debt value or £15.00 whichever is the greater.

19. Upon our being instructed in respect of any of your debtors, you shall refrain from pursuing the debts concerned, and in particular shall not hold yourself, or any of its your employees or agents, out as our representative. In the event you take any action against any debtor in respect of which we have been appointed, which is not in accordance with good business practice, we reserve the right to cease acting in respect of all or any of your debts.

20. We reserve the right to cancel, reject or withdraw any service at any time without penalty or compensation and without further explanation either prior to the commencement of the collection process or at any time during the collection process.

21. We will invoice you upon successful collection of an overdue debt. We require settlement of the invoice in full within 14 days. In the event of any non-payment by you by the due date we shall charge interest and administrative fees on the overdue amount in accordance with the rates prescribed in The Late Payment of Commercial Debts Regulations 2013 from time to time.

22. In the event of you failing to pay any invoices due to us, we reserve the right not to provide you with continuing services and to withdraw all or any services without notice.

23. Documents sent or passed to us are agreed to be transported at the senders own risk and only COPIES of relevant documents should, if necessary be passed for action. We reserve the right to dispose of or destroy documents still in our possession six months from date of receipt.

24. Nothing in these Terms & Conditions or the provision of the services shall create or be deemed to create a partnership or the relationship of principal and agent or employer and employee between us.

25. These terms and conditions supersede all previous terms and conditions in force between us and our clients and prospective clients unless otherwise agreed in writing by us.

26. You may terminate this Agreement at any time on 7 days’ notice in writing.

27. On termination of this Agreement or any reason:
a. You shall make payment to us of all amounts due in respect of debts collected up to the date of termination;
b. The accrued rights, remedies and liabilities of the parties as at the date of termination shall not be affected;
c. Any client monies held by us shall forthwith be paid to you, less any amounts properly due to us.

28. Nothing in this Agreement shall limit or exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

29. Subject to clause 28, we shall under no circumstances be liable to you whether in contract, tort, breach of statutory duty or otherwise for any loss of profit, or indirect or consequential loss arising in connection with this Agreement. Our total liability to you in respect of all losses arising in connection with this Agreement, whether in contract, tort, breach of statutory duty or otherwise shall in no circumstances exceed an amount equal to all fees charged by us to you under this Agreement in the previous 6 months.

30. This Agreement shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

Version 1.1
Updated 05.01.2016