Terms & Conditions

Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Reliance On Information Posted & Disclaimer

The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.

We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law; we exclude all liability for loss or damages direct or indirect arising from use of this site.

Information about us

www.hsc-security.co.uk is a site operated by HSC Security. Our registered office is:

7 Paynes Park,
Hitchin,
Herts,
SG5 1EH

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organization to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and
  • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

Jurisdiction and applicable law

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Your concerns

If you have any concerns about material which appears on our site, please contactinfo@hertsc.co.uk

Thank you for visiting our site.

Terms & Conditions

DEFINITIONS

In these terms and conditions (herein called “the Conditions”)“HertSC – Legal Collections” means HSC and any of its shareholders from time to time; “The Client” means the client of HSC whose name and other details are set out overleaf; “Debt Information” means in relation to a Referred Debt such information as is reasonably necessary to prove the existence of the Referred Debt e.g. copy invoice and correspondence; “Full Debt Collection Service” means the debt collection service referred to and described as such in our promotional literature from time to time “Legal Services” means the debt collection service referred to and described as such in our promotional literature from time to time The “Applicable Collection Service” means the Full Debt Collection Service and the Service (and/or such other debt collection service as may be agreed between us and you from time to time in either relation to specific Referred Debts or types of Referred Debts or generally)

 

“Collection Agents” means solicitors or other agents of our choice and “Collection Agent” shall be construed accordingly; “The Applicable Charges” means the commission, fees and other charges payable to us by you for the Applicable Collection Service and set out in the Service Agreement and/or any tariff attached to the Service Agreement (or such other commission fees and charges as may be agreed in writing from time to time) including bank charges (where applicable) and the fees and disbursements of the Collection Agent (if any); “Service Agreement” means this contract between us and you for the supply of the Applicable Collection Service to which the Conditions apply; “The Parties” means you and us and “party” shall be construed accordingly; “Referred Debt” means any debt referred by you and accepted by us in accordance with the Service Agreement and the Conditions; “Us” and “we” mean HSC; “You” and “your” mean The Client

OUR AGREEMENT

The Service Agreement sets out the entire agreement between you and us in relation to the collection of the Referred Debts and supersedes all prior agreements between the parties regarding the subject matter hereof but without prejudice to any rights, which have already accrued to either party. No variation of or waiver of or amendment to the Service Agreement shall be binding on us unless agreed in writing by a Director on our behalf.

3. OUR SERVICES

We shall provide to you the Applicable Collection Service subject to the Conditions.You hereby authorise us in our absolute discretion to appoint Collection Agents on your behalf to assist in the collection of Referred Debts. We will always seek your prior approval before transferring any Debt to a Collection Agent. You will not approach any Collection Agent appointed by us except with our prior written consent.Notwithstanding Condition 3.2 (and unless otherwise agreed or instructed by you), we will consult with you before the commencement of legal proceedings.

 

We will account to you bi-weekly in respect of cleared funds collected by us or any Collection Agent in respect of Referred Debts. We reserve the right to deduct from monies so collected the Applicable Charges.The Collection Agents and us are hereby authorised to collect payments in respect of the Referred Debts and to issue receipts in relation thereto. We reserve the right to decline to undertake action to collect any Referred Debt or to discontinue any collection of any Referred Debt at any time by giving notice to you. Where we or any Collection Agent agrees with your prior approval that a debtor shall pay a Referred Debt by instalments we will monitor the receipt of the instalment payments.

YOUR PROMISES

You will provide to us at no charge the Debt information and confirm that the Debt Information is true, complete and accurate in all material respects. You undertake and agree that without first obtaining our written consent you will not at any time waive or modify the terms of the contract with the debtor which gave rise to the Referred Debt and /or sell assign, transfer or encumber our interest in any Referred Debt and/or make or maintain any form of communication with the debtor.

 

You will immediately notify us of any payment received by you, your agents or bankers in respect of any Referred Debt from or on behalf of the debtor or under any policy of insurance.

 

You will pay the Applicable Charges to us without deduction or set off and our entitlement will not be affected by any communication you have with the debtor in breach of Clause 4.2

WHAT YOU WILL PAY

You shall pay the Applicable Charges and indemnify and keep us indemnified from and against all court fees (as varied from time to time), fixed costs in relation to solicitors’ and/or other Collection Agents’ charges on the issue and/or prosecution of legal proceedings (as varied from time to time) and all fees, costs, commission and disbursements and expenses of any Collection Agent appointed pursuant to Condition 3.2 up to the time of expiry or termination of the Service Agreement (including the service of any notice pursuant to Clause 3.6)

 

We and/or any Collection Agent shall be entitled to commission comprised in the Applicable Charges on all payments in respect of a Referred Debt notwithstanding that those payments are : made to us, the Collection Agent, you, your agent or bankers; and/or made by the debtor, any person on the debtor’s behalf or under any policy of insurance; and received after the date of referral of a Referred Debt to us or within a period of six months after expiry or termination of the Service Agreement or after our discontinuance of collection of that Referred Debt pursuant to Condition 3.6; or received at any time prior to the date of referral of a Referred Debt to us in circumstances where the payment was not identified (for whatever reason) until after the date of referral of the Referred Debt to us. Where you accept goods and/or services in lieu of cash, agree to issue a credit note, a contra or write off in respect of any Referred Debt then you shall be deemed for the purposes of the Service Agreement to have received payment from the debtor of an amount equal to either the amount credited to the debtor’s account in respect of those goods and/or services or (as the case may be) the amount of the credit note, contra or write off.

WHEN YOU WILL PAY

All sums payable under the Service Agreement and (where applicable) shall be payable at the rate prevailing from time to time. Payment of all amounts referred to in the Conditions shall be due within 30 days of the date of our invoice and shall be paid in full by you without deduction or set-off. Time for payment shall be of the essence of the Service Agreement.

OUR LIABILITY

We shall not be liable for any failure in the performance of any of our obligations under the Service Agreement arising from circumstances of whatever kind outside our control. No liability shall accrue to us for any gains or losses to you resulting from changes in rates of exchange or blockages or changes in convertibility of foreign currency. Where any matter gives rise to a claim against us our liability shall be limited: in respect of matters where we are able to obtain insurance cover, to the sum we are able to obtain from insurers; and in respect of other matters, to a sum equal to the Applicable Charges referable to the Referred Debt(s) concerned. We shall not be liable in respect of any loss of business, profit or contract nor for any consequential loss by you nor any loss other than your direct loss. Provided that nothing in these Conditions shall serve to limit or exclude our liability for death or personal injury caused by our negligence.

ENDING THE AGREEMENT

Without prejudice to Condition 3.6 The Parties may terminate the Service Agreement at any time by giving not less than 14 days prior written notice to you. A waiver by us of a breach of the same or any provision of the Service Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision hereof. The rights to terminate the Service Agreement given by this Condition 8 shall be without prejudice to any other right or remedy of ours in respect of any breach of the Service Agreement by you and without prejudice to any right expressed to survive termination or expiry. Neither party shall be under any liability to the other in respect of any failure to carry out or delay in carrying out any of its obligations under the Service Agreement attributable to any cause of whatever nature outside its reasonable control.

 

G

ENERAL

Any notice to be served on either of the parties by the other shall be in writing (except notice pursuant to Condition 3.6) and shall be sent by prepaid recorded delivery or registered post or by facsimile transmission and shall be deemed to have been received by the addressee within 72 hours of posting or 24 hours if sent by facsimile transmission to the correct facsimile number of the addressee. You agree that we shall be entitled to enter any information or knowledge derived in the course of providing the Applicable Collection Service excluding your identity as creditor but including (without limitation) the amount of Referred Debts and the identities of the debtors concerned in our records and databases, to use and/or include such information and knowledge in credit reports and business information supplied by us to third parties (notwithstanding any conflict of interest that might arise by virtue of such user and/or inclusion). If you comprises more than one person or entity all agreements on their part shall be joint and several and the neuter or singular gender throughout the Service Agreement shall include all genders and the plural and the successor in title to the parities. The Service Agreement shall be governed by and interpreted in accordance with the laws of England and you submit and consent to the exclusive jurisdiction of the English Courts in all matters regarding the Service Agreement. Headings are included for ease of reference only and shall not affect the interpretation of these Conditions.

 

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