1.0 iData Destruction Limited. (Referred to hereinafter as ” iData Destruction Ltd”) undertakes with the Customer to: 1.1 Service the Waste (as described on the Service Contract) from the Customer’s premises for a minimum period as set out on the Service Contract (hereinafter called the Relevant Period) and every successive Relevant Period thereafter unless terminated at the end of any such period by written notice specifying the correct termination date to be received by Registered/Special/Recorded Delivery not less than one months prior to the end of the current Relevant Period. The Contract will then only end on the anniversary date. iData Destruction Ltd may terminate the Service Contract at any time in the case of breach by the Customer, or in the event of the Customer making any Voluntary Arrangement with its creditors being the subject of an Administration Order, becoming bankrupt, having a Receiver appointed or going into Liquidation.
1.2 Comply with all special site conditions and safe working procedures notified by the Customer to and acknowledged in writing by an Authorised Officer of iData Destruction Ltd before the Service Contract start date in accordance with the obligations of the Customer under the Health and Safety at Work Act 1974.
1.3 iData Destruction Ltd allows the Customer a 7 day cooling off period from the commencement date as set-out on the Service Contract. However the Customer agrees to waiver such right should the service commence within the 7 days.
2 The Customer hereby undertakes with iData Destruction Ltd to:
2.1 Ensure that the Waste provided to iData Destruction Ltd will be that described in the Service Contract and will not be subject to any special control regulations in force from time to time and will not contain explosive, highly flammable, toxic or polluting materials and that the Customer conforms to the duties laid down in the Environmental Protection Act 1990, the Collection and Disposal of Waste Regulations 1988 and the Control of Pollution Act 1974 or any Statutory modification or re-enactments thereof or other Statutory or Local Authority requirements.
2.2 Provide and maintain a suitable and safe means of access and egress at the Customer’s premises for servicing of Waste at times acceptable to iData Destruction Ltd.
2.3 Ensure that payment shall be made in full to iData Destruction Ltd by the Customer within 30 days of the invoice date. In the event of late payment iData Destruction Ltd reserves the right to charge interest on any late payment at the rate of 4% above the then prevailing Barclays Bank PLC base rate or 10% whichever is the lower. Should the Customer fail to pay for services carried out/due to be carried out then the Customer will be issued with a default notice and may incur late payment charges in accordance with the Late Payment Act 1998.
2.4 iData Destruction Ltd shall be entitled at its discretion, to charge a reasonable fee not being less than £20.00 + VAT, in respect of a contribution by the Customer towards the iData Destruction Ltd’s additional administration costs incurred as a result of the Customer failing to make payments due to iData Destruction Ltd in accordance with the terms hereof as agreed between the parties from time to time, and in the event of new or duplicated documentation being requested or supplied.
2.5 When requested by iData Destruction Ltd, the Customer agrees to pay all invoices by Direct Debit.
2.6 Should the Customer sign in agreement to the Service Contract and not be able to commence service, iData Destruction Ltd reserve the right to charge an administration fee of no less than £200.00 + VAT for early termination.
2.7 The Customer agrees to give consent, and has no objection as referred to in the TPS/MPS regulations, to be contacted by any division of the iData Destruction Ltd.
3.0 Alterations not permitted:
3.1 Terms 1 -11.5 and any Conditions on the front of the Service Contract shall to the exclusion of any other Terms and Conditions form the whole of the terms of the Service Contract between iData Destruction Ltd and the Customer and no variation thereof shall be of any effect prior to the date of this agreement unless expressed in writing and signed by an Authorised Officer of iData Destruction Ltd.
3.2 iData Destruction Ltd employees or agents are not authorised to make any representations concerning the service unless confirmed by an Authorised Officer of iData Destruction Ltd in writing. In entering into this Service Contract, the Customer acknowledges that it does not rely on and waives any claims for breach of any such representations which are not so confirmed.
3.3 Any advice or recommendation given by iData Destruction Ltd or its employees or agents to the Customer or its employees or agents as to the service or any associated matters which is not confirmed in writing by an Authorised Officer of iData Destruction Ltd is followed or acted upon entirely at the Customer’s own risk and accordingly iData Destruction Ltd shall not be liable for any such advice or recommendation which is not so confirmed.
3.4 Any Terms and Conditions implied by the Customer shall not be honoured unless confirmed by an Authorised Officer of iData Destruction Ltd in writing.
3.5 iData Destruction Ltd deems an ‘Authorised Officer’ to be any member of the Management Team based at the iData Destruction Ltd Head Office and employed by iData Destruction Ltd at the time of representation.
4.0 Price:
4.1 iData Destruction Ltd reserves the right to subsequently increase the price and change the price structure of any item of the service, notice of which will be given to the Customer at the earliest reasonable opportunity after such change is affected.
4.2 The price quoted in this Service Contract is exclusive of any applicable Value Added Tax which the Customer shall be additionally liable to pay to iData Destruction Ltd at the prevailing rate at the date of invoice.
4.3 iData Destruction Ltd reserves the right to charge for the provision of waste containers. iData Destruction Ltd reserve the right, so as to ensure compliance with any statutory provisions relating to such equipment, to insist on the provision of waste containers in the event that in the reasonable opinion of iData Destruction Ltd any waste containers provided by the Customer are, or are likely to be unsatisfactory for the purpose for which they are used or designated. In such event iData Destruction Ltd shall give the Customer seven days written notice of its intention to provide such waste containers and the Customer shall, from such date, ensure that only waste containers provided by iData Destruction Ltd are utilised for the collection of waste.
4.4 iData Destruction Ltd reserves the right to levy a Customer Landfill and Disposal Contribution charge in accordance with Government legislation.
4.5 iData Destruction Ltd reserves the right to invoice the Customer a minimum monthly charge of no less than £20.00.
4.6 iData Destruction Ltd reserves the right to charge the Customer an Annual Waste Transfer Note fee to assist with the administration, storage and upkeep of records.
4.7 iData Destruction Ltd reserves the right to change the price structure of any fixed price Service Contract should iData Destruction Ltd receive increases in charges beyond their control.
4.8 iData Destruction Ltd reserves the right to charge the Customer for any Environmental and Governmental changes to Legislation that result in additional and administrative costs.
4.9 iData Destruction Ltd reserve the right to charge a termination fee.
4.9 iData Destruction reserves the right to charge for additional services at a premium of 50% to the standard price as specified on the service schedule.
5.0 Service Schedule:
5.1 iData Destruction Ltd reserves the right to change the service days/frequency whilst still fulfilling the applicable legislation to meet operational requirements, which, where possible will be notified to the Customer once such change is in effect.
5.2 If through operational difficulties iData Destruction Ltd is not able to service the Customer’s requirements on the scheduled day, iData Destruction Ltd reserves the right to re-schedule the service to the earliest possible opportunity without prior notice to the Customer or cost to iData Destruction Ltd.
5.3 The Customer agrees that all detailed waste shall be collected exclusively by iData Destruction Ltd. The Customer shall ensure that no other waste contractor or waste collection services be employed for the entire duration of the Service Contract with iData Destruction Ltd (being the Relevant Period together with any successive period as provided for in Clause 1 hereof).
5.4 Should the Customer purport to cancel the Service Contract before the proper expiry date (including any successive period or periods referred to in Clause 1 hereof) the Customer shall pay by way of Liquidated Damages to iData Destruction Ltd a sum of money calculated to be the monthly loss of profit multiplied by the number of remaining months of the Relevant Period.
5.5 iData Destruction Ltd reserve the right to terminate the Service Contract without notice or justification to the Customer.
5.6 Uncontained waste, loose waste, excessively weighted bags/bins or unidentified waste will be collected at iData Destruction Ltd’s discretion and may be charged at a premium rate.
5.7 iData Destruction Ltd reserves the right to suspend all service in the event of non payment of invoices by the Customer. During the suspended period, iData Destruction Ltd will invoice an administrative charge of £15.00 + VAT.
5.8 iData Destruction Ltd reserve the right to invoice the Customer at their current rate whilst on suspension and terminate the Service Contract at their discretion and seek for Liquidated Damages due to default of Contract by the Customer.
6.0 Safety and Indemnity:
6.1 The Customer shall be wholly responsible for the safety of all persons (including the employees and agents of iData Destruction Ltd) entering the Customer’s premises where iData Destruction Ltd’s equipment is sited.
6.2 The Customer shall bear all risks involved in connection with the sited equipment and use of all such equipment (as described in the Service Contract).
6.3 The Customer shall indemnify iData Destruction Ltd against all claims arising through any negligent act or omission by the Customer, its agents or employees.
6.4 Except in respect of death or personal injury caused by iData Destruction Ltd s negligence, iData Destruction Ltd shall not be liable to the Customer by reason of any representation or any ‘ implied warranty, condition or other term or any duty at common law or under the express terms of this Service Contract, for consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of iData Destruction Ltd, its employees or, agents or otherwise) which arise out of or in connection with the supply of the service except as expressly provided in these conditions.
6.5 iData Destruction Ltd shall not be liable to the Customer or be deemed to be in breach of the Service Contract by reason of any delay in performing or any failure to perform any of IData Destruction Ltd’s obligations in relation to the service if the delay or failure was due to any cause beyond iData Destruction Ltd’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as caused beyond iData Destruction Ltd’s reasonable control;
6.5.1 Act of God, explosion, flood, tempest, fire or accident;
6.5.2 War or threat of war, act of terrorism, sabotage, insurrection, civil disturbance or requisition;
6.5.3 Acts restrictions, regulations, bylaws, prohibitions or measures of any kind on the part of any governmental, parliamentary, or local authority;
6.5.4 Strikes, lockouts or other industrial actions or trade disputes (whether involving employees of iData Destruction Ltd or of a third party);
6.5.5 Difficulties in obtaining labour, fuel, parts or machinery or failure or breakdown in machinery.
7.0 Responsibility for Equipment:
Any equipment supplied by iData Destruction Ltd shall at all times remain the property of iData Destruction Ltd. The Customer shall be responsible for providing adequate insurance cover for all equipment supplied by iData Destruction Ltd and shall provide a copy of their insurance on the equipment provided when requested by iData Destruction Ltd. The Customer shall be responsible for its location, for any loss or damage whilst outside the care of control of iData Destruction Ltd and for ensuring that it is kept clean both inside and out, nor over or improperly loaded (notwithstanding any inspection of the equipment by iData Destruction Ltd) or the contents set on fire. Under no circumstances must the equipment be sited on a Public Highway.
8.0 Additional Services:
8.0 Where additional service has been supplied for the removal of non-scheduled waste, uncontained waste, loose waste, excessively weighted bags/bins or unidentified waste, then a charge will be made to the Customer. This charge will be made in arrears at the end of iData Destruction Ltd’s relevant invoicing period.
8.1 The following charges apply for copy documentation: Duty of Care £9.95 plus vat, Service Contract £5.95, Environmental Report £19.95, copies of Waste Transfer Notes £3.95. All prices are subject to VAT.
9.0 Excess Waste:
iData Destruction Ltd’s general policy is only to service the detailed waste. However, iData Destruction Ltd recognises the need to leave the Customer’s premises in a clean and tidy condition avoiding any environmental problems associated with excess waste. The Customer has indicated by signing the Service Contract their willingness to pay a handing fee of £10.00 per visit/collection on non containerised waste and be charged for the waste at our current price for non-containerised waste. iData Destruction Ltd shall remove occasional excess waste and charge accordingly. The Customer shall be responsible for taking such security precautions as are necessary to ensure the prevention of theft, vandalism or scavenging of the waste. If removal of excess waste occurs on a regular basis, then iData Destruction Ltd reserves the right to review the Customer’s service requirements.
10.0 Service Proof:
Given the low value involved in each transaction, both parties agree that it is not practical to issue work tickets or obtain signatures for services performed and therefore the Customer accepts that the records kept by iData Destruction Ltd of services provided will be adequate proof of service. Should proof of service be required, a signed for service will incur a £2.50 plus vat per transaction/visit.
11.0 General:
11.1 Subject as expressly provided in these conditions (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
11.2 The Service Contract shall be governed by the laws of England and prosecuted in an English Court of Law.
11.3 If particulars of these Terms and Conditions or any part hereof are required to be furnished to the Director General of Fair Trading pursuant to the terms of section 24 of the Restrictive Trade
Practices Act 1976, as amended, the same shall come into force on the day after such particulars are duly furnished. The Customer in signing the Service Contract irrevocably consents to the furnishing thereof by iData Destruction Ltd.
11.4 Should any term be found to be unreasonable or unenforceable, this shall not affect any other term within the Service Contract or Terms and Conditions.
11.5 iData Destruction Ltd reserves the right to update the current Terms and Conditions of the Service Contract, such notice will be notified to the Customer at the earliest reasonable opportunity and will be enforceable immediately.
All data will be destroyed in accordance with the provisions as set out in the BS EN15713:2009 confidential data destruction standard.