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Terms & Conditions

File Centre Document & Data Storage Ltd This page (together with the documents referred to on it) sets out the terms and conditions on which we agree to supply to you any of the services listed on our website http://www.file-centre.co.uk/shredding-products or services set out in any Confirmation (as defined below) (together the "Services"). Please read these terms and conditions carefully before ordering any Services from File Centre Document & Data Storage Ltd ("we" or "us"). You should understand that by

Terms and Conditions

File Centre Document & Data Storage Ltd

This page (together with the documents referred to on it) sets out the terms and conditions on which we agree to supply to you any of the services listed on our website http://www.file-centre.co.uk/shredding-products or services set out in any Confirmation (as defined below) (together the "Services"). Please read these terms and conditions carefully before ordering any Services from File Centre Document & Data Storage Ltd ("we" or "us"). You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.

These terms and conditions shall apply to all orders placed by you via our site, telephone or email.

We shall not be obliged to perform any Services outside of the United Kingdom.

1

OUR WEBSITE

1.1

http://www.file-centre.co.uk/shredding-products is a site operated by File Centre Document & Data Storage Ltd. We are registered in England and Wales under company number 05908075 and with our registered office 14-16 Dixon Road, Brislington Trading Estate, Bristol, BS4 5QW. Our VAT number is 885439474.

1.2

If you are ordering Services via our site then by ticking the box "By ticking here I agree to the terms and conditions above" you agree you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services from our site. You should print a copy of these terms and conditions for future reference.

2

YOUR STATUS

2.1

By placing an order, you warrant that:

 

2.1.1

- you are legally capable of entering into binding contracts;

2.1.2

- you are at least 18 years old.

3

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

3.1

You may place an order for Services with us in three ways:

 

3.1.1

- by submitting an order through our site;

3.1.2

- by calling our sales team on 0845 450 1074 and

3.1.3

- by submitting an order via email to admin@file-centre.co.uk

3.2

After placing an order through our site, or calling our sales team to place an order, or sending an email to place an order, you will receive an e-mail from us acknowledging that we have received your order (Confirmation). Please note that each order submitted by you will be deemed to be an offer to purchase Services subject to these terms and conditions. The contract between us (Contract) will only be formed when we send you the Confirmation.

3.3

We may at our discretion decide not to accept any orders for any reason.

3.4

The Contract will relate only to those Services which we have confirmed in the Confirmation.

3.5

These terms and conditions are the only conditions on which we are prepared to deal with you and they will apply to all Contracts to the exclusion of any other terms and conditions including but not limited to those which you purport to apply.

3.6

No terms or conditions endorsed upon, delivered with, referred to or stipulated or contained in any purchase order or other similar document delivered or sent by you to us will form part of the Contract.

4

INTELLECTUAL PROPERTY

4.1

All intellectual property rights in the Services and any other processes or methods created, supplied or used by us from time to time, belong to us.

4.2

Any intellectual property rights belonging to you as at the effective date of the Contract shall remain owned by you. You shall indemnify and keep indemnified us from and against any and all costs, claims, damages, losses and expenses (including legal expenses) arising from any third party claiming or alleging that our use of such intellectual property rights infringes that third party’s rights.

4.3

This Contract does not transfer to you any ownership rights in the Services and/or the technology used to provide the Services, any documentation related to the Services or any processes used by us to provide the Services, all of which shall remain the exclusive property of us.

4.4

For the purposes of this clause "intellectual property rights" means patents, inventions, know how, trade secrets and other confidential information, registered designs, copyrights, database rights, design rights, rights affording equivalent protection to copyright, database rights and design rights, semiconductor topography rights, trademarks, service marks, logos, domain names, business names, trade names, moral rights, and all registrations or applications to register any of the aforesaid items, rights in the nature of any of the aforesaid items in any country or jurisdiction, rights in the nature of unfair competition rights and rights to sue for passing off.

5

TERM AND APPOINTMENT

5.1

You appoint us to provide the Services in accordance with the terms of the Contract, which shall include:

 

5.1.1

- the collection of your records comprising papers, documentation, data and other permitted materials (Articles) in respect of which we agree to provide the Services from your agreed premises;

5.1.2

- the transportation of Articles to our facilities;

5.1.3

- the shredding of Articles; and

5.1.4

- other ancillary services as may be agreed between us and you.

5.2

The Services supplied under the Contract shall be provided by us to you from the date specified in the Confirmation and shall continue (subject to the rights of early termination) until completion of the Services whereupon this Contract shall terminate.

6

OUR OBLIGATIONS

6.1

We shall use reasonable endeavours to:

 

6.1.1

– provide the Services; and

6.1.2

- meet any dates for performing the Services specified in the Confirmation, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.

6.2

We shall use reasonable endeavours to promptly inform you if we believe that we will be unable to provide the Services within any applicable or agreed timescales, but we shall not be liable for any delay in providing the Services.

6.3

We shall use reasonable endeavours to observe all health and safety rules and regulations, and any other reasonable security requirements that apply at any of your premises and that have been communicated to us in writing, provided that we shall not be liable under the Contract if, as a result of such observation, we are in breach of any of our obligations under the Contract.

6.4

We shall provide the Services:

 

6.4.1

- in accordance with the terms of the Contract;

6.4.2

- with reasonable care and skill in accordance with good industry practice;

6.4.3

- in accordance with any applicable laws governing the provision of the Services and we shall hold and maintain the appropriate licences and permits required by environmental and waste legislation in performing the Services

7

YOUR OBLIGATIONS

7.1

You shall:

 

7.1.1

- pay the prices for the Services in accordance with the terms of the Contract;

7.1.2

- (where required) allow us reasonable access to your premises for the purposes of providing the Services;

7.1.3

- ensure the safety and security of the access points at your premises where we will provide the Services;

7.1.4

- provide us with all necessary information to the extent required for the provision of the Services;

7.1.5

- promptly notify us of any health and safety hazards that may exist or arise at your premises and that may affect our performance of the Contract;

7.1.6

- comply with all laws, regulations, codes of practice and policies (including those relating to health and safety) applicable to persons working on your premises in the performance of the Contract.

7.2

If our performance of our obligations under the Contract is prevented or delayed by any act or omission by you, your agents, subcontractors, consultants or employees, we shall not be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from such prevention or delay.

7.3

You shall be responsible for, and warrant compliance with, all contractual restrictions and all applicable laws, rules and regulations, including environmental laws and contractual restrictions and laws governing the confidentiality, retention and disposition of information contained in any materials (including Articles) provided to us. You shall reimburse us for any reasonable costs, fees or expenses (including reasonable legal fees) incurred by us arising from or in connection with us shredding materials for you.

7.4

You warrant and undertake that you:

 

7.4.1

- are the owner or legal custodian of the Articles and have all necessary authority to remove the Articles and request that they be disposed of in accordance with the terms of the Contract;

7.4.2

- will not deliver to us any Articles which are (without limitation) flammable, explosives, toxic products, or other dangerous or unsafe products or materials; or which are regulated under any applicable law or regulation relating to hazardous materials; and

7.4.3

- will pay the prices in the case of a request for collection that is (on your part) wrong or cancelled by you.

7.5

You acknowledge and agree that:

 

7.5.1

- the terms of the Contract only apply to Articles which are in our possession and under our custody and control (Articles only come into our possession and control when they are in our vehicle or are at any of our facilities);

7.5.2

- where we supply to you consoles, bins or other secure receptacles (“Containers”) for the submission of Articles for secure shredding, title to such Containers shall remain with us but you shall be responsible for the maintenance of such items in a good and operational condition (fair wear and tear excepted) and shall indemnify and keep indemnified us in full against any loss of, or damage to, such Containers.

7.5.3

– where we are collecting the Articles comprising your Services order from a private (non-commercial) residence, you shall meet the File Centre driver and have your Articles ready for collection at the main external entrance of such private (non-commercial) residence. We will not collect Articles from within a private (non-commercial) residence.

8

TERMINATION

8.1

Either party may terminate the Contract by notice in writing to the other:

 

8.1.1

- if such other party is in material or persistent breach of its obligations under the Contract and such other party fails to remedy such breach within twenty (20) Working Days’ of service of a written notice from the party not in breach, specifying the breach and requiring it to be remedied; or

8.1.2

- if such other party has a petition for winding up or for an administration order presented against it or passes a resolution for winding up or calls any meeting of its creditors or has an administrative or other receiver or an administrator of all of or any part of its undertaking or assets appointed or (being an individual or partnership) has a bankruptcy petition presented against it or similar situation arises.

8.2

You may terminate the Contract in accordance with clause 13.1.

8.3

Upon the termination of the Contract for any reason, you shall be liable to pay us termination costs to cover the cost of us retrieving any Containers (if applicable) from you.

9

PRICE AND PAYMENT

9.1

The price of any Services will be as quoted on our site from time to time, except in cases of obvious error. All prices are in Great British Pounds (GBP, £)

9.2

These prices exclude VAT and delivery costs, which will be added to the total amount due as set out on the site and in our Confirmation.

9.3

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.

9.4

We accept payment via credit or debit card or such other method as we may agree to from time to time. We reserve the right to charge a handling fee when paying by credit card, if a handling fee is applicable we will notify you of this.

9.5

If you do not have a credit account you must pay for the Services at the time of order. If you have a credit account, payment is due within 30 days of the date of our invoice.

9.6

If you are a business and not purchasing as a consumer and you fail to pay any amount due to us under any Contract on the due date, interest shall be added to such amount at the rate set out in the Late Payment of Commercial Debts (Interest) Act 1998 for the period from and including the date of receipt (whether before or after judgment).

9.7

If you have a credit account and, in our view, your credit-worthiness deteriorates before delivery of the Services we may require payment in full or in part of the price prior to delivery, or the provision of security for payment by you in such form as is acceptable to us.

9.8

We reserve the right to alter or withdraw at any time any credit allowed to you.

9.9

We reserve the right to charge you for waiting time at our then prevailing rate if any delay is encountered or journey aborted or frustrated because Articles requested for collection cannot be collected by us at the appointed time due to your fault.

9.10

We may, without prejudice to any other rights we may have, set off any liability of you to us against any liability of us to you.

10

OUR LIABILITY

10.1

Nothing in the Contract shall be deemed to be an exclusion or limitation (or attempt to create an exclusion or limitation) of either our or your liability for:

 

10.1.1

- death or personal injury claims arising from a party’s negligence; and/or

10.1.2

- fraud; and/or

10.1.3

- any other matter for which it would be unlawful for such party to exclude or limit, or attempt to exclude or limit, its liability.

10.2

You acknowledge and agree that:

 

10.2.1

- knowledge by us of the contents of the Articles is limited to the physical existence of the Articles

10.2.2

– we have taken no steps (nor are we required to or will) to verify the existence of, or the nature, content, value, or meaning of the Articles; and

10.2.3

- the value of the contents of the Articles may be disproportionate to the Price; and

10.2.4

- in view of clauses 10.2.1. 10.2.2 and/or 10.2.3 above it is fair and reasonable for us to exclude and limit our liability as provided in this Contract.

10.3

Our total liability in respect of loss of or damage to tangible property (excluding Articles) shall not in any circumstances exceed one million pounds (£1,000,000) in any year of the Contract.

10.4

We shall not be liable in case of loss, destruction, or damage of or to your items (including Articles) to the extent that items are in your possession, at your Premises or have been transferred to or collected by a third party carrier or other service provider appointed by you or at your direction.

10.5

You acknowledge and agree that we shall not be responsible or liable whatsoever for the contents of the Articles and we shall have no liability to you for the shredding or destruction of Articles at your direction or in accordance with the provision of the Services.

10.6

You agree to indemnify us from any liability to you or any third party in case of shredding or destruction of the Articles at your direction Customer.

10.7

Our liability for the direct losses that arise as a result from our negligence in performing the Services in accordance with the Contract shall not exceed the aggregate amount of the Price that you have paid for the Services in the one (1) month preceding the event which gave rise to the claim.

10.8

In the event that we are liable to you under the Contract, our liability shall be limited to direct damages, and in no event and under no legal theory, including tort, contract or otherwise, shall we be liable for any indirect, special, incidental or consequential damages (including loss of profits) even if advised of the possibility of such damages.

10.9

In the event of any complaint or claim by you that any Articles have been lost, damaged or destroyed without proper authorisation, such complaint or claim must be made in writing to us within a reasonable period and no later than sixty (60) days after delivery or return of the Articles concerned (if any) or otherwise within sixty (60) days after you have been informed by us of such loss, damage, or destruction.

11

DATA PROTECTION

11.1

You acknowledge that we may have access to personal data in providing the Services.

11.2

We will take reasonable technical and organisational measures to protect any personal data against unauthorised or unlawful processing and accidental loss, theft, use, disclosure, destruction and/or damage and which include:

 

11.2.1

- keeping the personal data private and confidential;

11.2.2

- minimising disclosure of the personal data to third parties to the fullest extent possible; and

11.2.3

- ensuring that any of our employees and/or approved sub-contractors engaged in providing the Services are subject to a binding duty of confidentiality.

11.3

We shall act only on reasonable instructions from you in respect of such personal data. Except as required for the provision of the Services, we shall not retain any copy, abstract, précis or summary of any of the personal data.

11.4

We shall only have access to the personal data as part of the Services and for no other purpose.

12

CONFIDENTIALITY

12.1

In this clause 12, "Confidential Information" means all confidential information disclosed (whether in writing, orally or by another means and whether directly or indirectly) by one party (“Disclosing Party”) to the other (“Receiving Party”) whether before or after the date of the Contract including information relating to the Services, or any of the Disclosing Party's other operations, processes, plans or intentions, product information, know-how, design rights, trade secrets, market opportunities and business affairs.

12.2

During the term of the Contract and after termination or expiry of the Contract for any reason the Receiving Party:

 

12.2.1

- shall not use Confidential Information for a purpose other than the performance of its obligations under the Contract;

12.2.2

- shall not disclose Confidential Information to any person except with the prior written consent of the Disclosing Party or in accordance with clauses 12.3 and 12.4; and

12.2.3

- shall make every effort to prevent the use or disclosure of Confidential Information.

12.3

During the term of the Contract the Receiving Party may disclose Confidential Information to any of its directors, other officers, employees, sub-contractors and customers (a "Recipient") to the extent that disclosure is absolutely necessary for the purposes of the Contract.

12.4

Before disclosure of Confidential Information to a Recipient, the Receiving Party shall ensure that such Recipient is made aware of and complies with the Receiving Party's obligations of confidentiality under the Contract as if the Recipient was a party to the Contract.

12.5

Clauses 12.2 to 12.4 do not apply to Confidential Information which:

 

12.5.1

- is or becomes at any time publicly known other than by the Receiving Party's or Recipient's breach of the Contract; or

12.5.2

- can be shown by the Receiving Party to the Disclosing Party's reasonable satisfaction to have been known by the Receiving Party before disclosure by the Disclosing Party to the Receiving Party; or

12.5.3

- is or becomes available to the Receiving Party otherwise than pursuant to the Contract and free of any restrictions as to its use or disclosure; or

12.5.4

- is required to be disclosed by law.

13

OUR REFUNDS POLICY

13.1

Other than where we have commenced performance of the Services, you may cancel an order for Services within seven calendar days of placing an order by contacting our support team on 0845 450 1074 or via email to admin@file-centre.co.uk  We will confirm your cancellation by email to you.

13.2

If you cancel an order for Services under clause 13.1 and we have already commenced performance of the Services, you agree to pay us any costs we have incurred, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us.

13.3

If you cancel an order under clause 13.1 and you have made any payment in advance for Services that have not yet been provided to you, we will refund these amounts to you. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Services in full.

13.4

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

14

WRITTEN COMMUNICATIONS

 

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15

NOTICES

 

All notices given by you to us must be given to the Managing Director, File Centre, 14-16 Dixon Road, Brislington Trading Estate, Bristol, BS4 5QW. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee

16

NOTIFICATIONS, COMPLAINTS AND LEGAL ACTIONS

16.1

Any formal legal proceedings issued by you or any third party against us for loss, damage, or destruction of the Articles or provision of the Services shall only be valid if made within nine (9) months after either (i) the date of performance of the Services concerned, or (ii) the date when the loss, damage, or destruction of all or part of the Articles has been communicated to you.

16.2

Any notification required under the Contract must be sent to the interested party at the address on the front page of the Contract. Notifications sent to us should be marked for the attention of File Centre’s Managing Director.

16.3

All notices that are required to be given under the Contract shall be in writing and shall be sent to the registered address of the party, by first class pre-paid letter or fax transmission and shall be deemed to have been received:

 

16.3.1

- by first class post, 48 hours after the date of mailing; or

16.3.2

- by fax, immediately upon confirmation of transmission.

17

TRANSFER OF RIGHTS AND OBLIGATIONS

17.1

The Contract between you and us is binding on you and us and on our respective successors and assigns.

17.2

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

17.3

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

 

18

EVENTS OUTSIDE OUR CONTROL

18.1

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

18.2

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

 

18.2.1

- strikes, lock-outs or other industrial action;

18.2.2

- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

18.2.3

- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

18.2.4

- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

18.2.5

- impossibility of the use of public or private telecommunications networks;

18.2.6

- the acts, decrees, legislation, regulations or restrictions of any government.

18.3

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

19

WAIVER

19.1

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

19.2

A waiver by us of any default shall not constitute a waiver of any subsequent default.

19.3

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.

20

SEVERABILITY

 

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

21

THIRD PARTIES

 

A person who is not party to a Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of such Contract. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

22

ENTIRE AGREEMENT

22.1

These terms and conditions and our terms and conditions of use and our privacy policy represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

22.2

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

22.3

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

23

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

23.1

We have the right to revise and amend these terms and conditions from time to time so we recommend that you check these terms and conditions each time you make a purchase of any Services. Your continued use of the site will indicate your acceptance of the amended terms and conditions.

23.2

You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).

24

LAW AND JURISDICTION

24.1

Contracts for the purchase of Services will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales although we retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country.

 


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