Terms & Conditions
Application and Entire Agreement
These Terms and Conditions govern the provision of services outlined in our quotation (hereinafter referred to as the “Services”) by 24 7 Enforcement Ltd., a company registered in England and Wales (Company No. 15759665), whose registered office is at 3rd Floor, 86-90 Paul Street, London, EC2A 4NE (“we,” “us,” or “our”), to the client (“you” or “your”) purchasing the Services.
By accepting our quotation or allowing the commencement of any Services (whichever occurs first), you are deemed to have accepted these Terms and Conditions. These Terms, along with our quotation, form the entire agreement (the “Contract”) between us.
You confirm that you have not relied on any statements, promises, or representations made by us that are not explicitly included in the Contract. Any terms you seek to impose, incorporate, or imply through trade, custom, practice, or prior dealings are expressly excluded.
Interpretation
- Business Day: Any day other than a Saturday, Sunday, or Bank Holiday.
- Headings: Provided for convenience and do not affect the interpretation of these Terms.
- Singular and Plural: Words importing the singular shall include the plural and vice versa.
Scope of Services
We warrant that we will exercise reasonable care and skill in performing the Services, ensuring compliance with the quotation and any agreed specifications.
- Changes to Services: We reserve the right to amend the Services as necessary to comply with applicable laws or safety requirements and will notify you promptly of such changes.
- Timeframes: While we will use reasonable efforts to meet agreed timelines, time is not of the essence unless explicitly stated in the quotation.
- Goods and Services: These Terms apply to both goods and Services unless specified otherwise.
Your Obligations
To enable us to deliver the Services effectively, you must:
- Obtain and provide all necessary permissions, consents, and licenses.
- Provide access to relevant information, materials, and properties required for the performance of the Services.
Failure to comply with these obligations may result in delays, additional costs, or termination of the Contract.
Fees and Payment
- Fee Structure: Fees are as per the quotation or the applicable Tribunals, Courts & Enforcement Act 2007 (TCE2007), charged on a time-and-materials basis.
- Retention of Monies: Collected funds are held for 14 days in compliance with the Insolvency Act 1986, after which they are remitted to you. Enforcement fees and disbursement costs are deducted before remittance.
- Additional Charges: Reasonable expenses incurred during Service delivery (e.g., third-party services, materials, additional agents) will be charged as outlined in our fee schedule.
- VAT: Applicable VAT on enforcement-related fees is deducted from proceeds; VAT on disbursements under TCE2007 is absorbed by us.
- Deposit: For new clients, a non-refundable deposit may be required before commencement of Services.
Cancellation and Amendments
- Withdrawal of Quotation: Quotations may be withdrawn, canceled, or amended if not accepted within one business day.
- Client Cancellation: If you cancel after instruction, you agree to cover all costs incurred, including enforcement and administrative fees.
- Amendments: Requests to amend Services must be made in writing within 24 hours. Any changes may result in additional charges.
Payment Terms
- Invoices: Fees are invoiced upon completion of Services or as per the schedule in the quotation.
- Payment Methods: Accepted methods include BACS, CHAPS, and online debit/credit card payments (surcharges apply). Cheques are not accepted.
- Late Payments: Interest is charged at 2% above the Bank of England base rate for overdue payments, in accordance with the Late Payment of Commercial Debt (Interest) Act 1988. Additional penalties may apply.
Subcontracting and Assignment
We reserve the right to subcontract, delegate, or assign our rights and obligations under this Contract. You may not assign or transfer your rights without our prior written consent.
Termination
We may terminate the Contract immediately if you:
- Commit a material breach of these Terms.
- Fail to make timely payment.
- Enter insolvency proceedings or similar arrangements.
Liability and Indemnity
- Limitation of Liability: Our total liability is capped at the total fees paid under the Contract.
- Exclusions: We are not liable for indirect or consequential losses, including loss of profits, data, or goodwill.
- Indemnity: You indemnify us against damages or claims arising from your breach of these Terms.
Force Majeure
Neither party shall be liable for delays or failures caused by events beyond their reasonable control, such as natural disasters, acts of terrorism, or governmental actions. If such events persist for 90 days, either party may terminate the Contract.
Intellectual Property
We retain all intellectual property rights in any goods or materials provided under this Contract. Unauthorised use or reproduction is prohibited.
Notices
All communications must be in writing and sent to the latest address, email, or fax provided. Notices are deemed delivered:
- Immediately when sent electronically (with receipt confirmation).
- Five business days after mailing within the UK.
General Provisions
- Severability: If any clause is deemed unenforceable, the remaining provisions remain valid.
- No Waiver: Failure to enforce any right or provision does not constitute a waiver.
- Governing Law: This Contract is governed by English law, with disputes subject to the jurisdiction of English courts.
Version 1: Effective Date – 01.06.24
