1. Services
1.1 PCS Credit is authorised by and on behalf of you the (Client) to collect payments and issue receipts in relation to the Client’s debts and debtor and to deduct and retain fees at PCS Credit’ prevailing rate from time to time (the “Fee/s”) owing to PCS Credit for the debt collection and legal Services rendered, the (Services) Payment of the recovered balance (less the retained Fee) will be issued to the Client within 10 days of being banked by PCS Credit, allowing sufficient time for the payment to clear. PCS Credit will retain any interest and legislative fee recovered as a way of maintaining lower fee’s to its clients.
2. Fees and Payment
2.1 Accounts settled and any monies received by the Client via any method or source other than PCS Credit after intervention by PCS Credit are subject to the Fees The Fees must be paid to PCS Credit within 10 days from the date of payment receipt.
2.2 Once a case is passed to PCS Credit and a part-payment results in an outstanding balance, the case will remain with PCS Credit until the full amount is cleared. Withdrawal of an account from PCS Credit before PCS Credit recommends it appropriate to do so shall be subject to a Fee equal to 100% of the full Fee, unless an alternative rate is agreed with PCS Credit before final action (such agreement to be entirely at PCS Credit’s discretion).
2.3 The Client acknowledges that whilst PCS Credit will make all reasonable endeavours to recover the outstanding balance owed by the Client’s debtor, no guarantee is either expressed or implied that such sums will be recovered. The Client agrees that in the event of the Client’s debtor becoming insolvent prior to repayment of the debt to the Client by any method, or the Client unilaterally makes a decision to revoke the referral without the prior agreement of PCS Credit, then PCS Credit shall still be entitled to receive payment of the Fees. Where the Fees are expressed to be a percentage of the relevant debt, PCS Credit shall be entitled to receive the relevant percentage in respect of the full debt whether or not it has been repaid to the Client by any method.
2.4 The Client must notify PCS Credit immediately if there is any change in the amount due in respect of any account passed to PCS Credit for collection.
2.5 Where agreed in advance, PCS Credit may accept settlement of the debt by installments. Where payment by installments is agreed, the Fees will be deducted from each installment collected.
3. Legal Services
3.1 If a case is recommended by PCS Credit for litigation, no action will be taken without the Client’s approval and any such action shall be subject to agreement between PCS Credit and the Client with regard to legal tariffs. It is the Client’s responsibility to advise PCS Credit where any payment is received directly from the debtor or by any other method after legal action has been instigated. Failure to do so may make it difficult to recover any advance Court fees or costs that may have been incurred. PCS Credit will not accept liability for any unnecessary costs which may result from any act or omission by the Client.
3.2 In respect of the provision of legal services associated with the commencement and handling of legal proceedings (“Legal Services”), PCS Credit shall be entitled to payment by the Client at the time of the Client’s instruction of the estimated fees for the relevant Legal Services which shall include all ascertained disbursements costs (in accordance with the tariffs set out in PCS Credit’s Pricing Schedule. PCS Credit may also request pre-payment from the Client in respect of additional costs or disbursements that may be incurred on the Client’s behalf.
3.3 The Client agrees and acknowledges that for cost-related reasons PCS Credit cannot provide Legal Services in respect of debts below £250 in Scotland and £500 in Northern Ireland. PCS Credit does not provide Legal Services on any debts outside the United Kingdom.
3.4 The Client will be notified in advance of any additional costs resulting from legal action or fees which the Client is likely to incur whilst PCS Credit carries out the Client’s instructions
4. Confidentiality
4.1 Both PCS Credit and the Client, individually a (Party) and together the (Parties) agree:
4.1.1 to keep confidential all confidential information (whether written or oral) which they have obtained or received as a result of the discussions leading up to or the entering into, or obtain or receive in performance of, this Agreement;
4.1.2 not to disclose the confidential information in whole or in part to any person without the owning Party’s written consent, save to those of its agents and sub-contractors involved in the implementation of this Agreement and who have a need to know the same; and
4.1.3 to use the confidential information solely in connection with the performance of this Agreement and not otherwise or for the benefit of any Party.
4.2 The provisions of clause 4.1 and 4.2 shall not apply to the whole or any part of the confidential information which is:
4.2.1 lawfully obtained free of any duty of confidentiality otherwise than directly or indirectly from the other Parties;
4.2.2 already in the receiving Party’s possession which the receiving Party can show from written records other than as a result of a breach of this clause 4;
4.2.3 in the public domain (other than as a result of a breach of this clause 4);
4.2.4 necessarily disclosed pursuant to a statutory obligation; or
4.2.5 disclosed with prior written consent of the owning Party.
4.3 The restrictions contained in this clause 4 shall continue to apply for five years after termination of this Agreement.
4.4 Upon termination of this Agreement for whatever reason and at other times when reasonably requested to do so by the owning Party, the Parties will deliver up to the owning Party all working papers or other material (in whatever format it is stored) and all confidential information and copies provided to it pursuant to this Agreement or prepared by it either in pursuance of this Agreement or previously in connection with this Agreement.
5. Intellectual Property
5.1 This Agreement does not assign, nor does it constitute an agreement to assign, any intellectual property rights existing as at the date of this Agreement (“Pre-Existing Intellectual Property”). Neither party shall contest ownership of all or part of the other party’s Pre-Existing Intellectual Property Rights.
5.2 All intellectual property rights in materials in any form developed, created and/or arising prior to or during the term of this Agreement shall belong to the creator.
6. Data Protection
6.1 Both Parties shall comply with their respective responsibilities under the Data Protection Act
7. Liability
7.1 The time PCS Credit takes to perform any obligation under its engagement by the Client shall not be of the essence.
7.2 PCS Credit gives no warranty or assurance about the contents of the Services. Any use the Client makes of the Services is at the Client’s own risk.
7.3 The Client shall indemnify PCS Credit in respect of any loss, damage, costs or claims arising as a result of the Client taking any steps or actions itself, any actions taken by the Client’s debtor or its agents.
7.4 PCS Credit shall not be liable in contract (including negligence), tort or otherwise in connection with this Contract and for any indirect, incidental, third party, special or consequential loss, loss of profit, revenue, savings or data which may result from the use, delays in use, or inability to use the Services of PCS Credit.
7.5 PCS Credit’s entire liability in respect of all claims arising out of or in connection with use of the Website and/or the provision of the Services in any 12 month period (considered retrospectively from the date on which the course of action arose) shall not exceed an amount equal to the sums payable by the Client to PCS Credit during such 12 month period. For the avoidance of doubt, nothing herein shall be construed so as to limit or exclude either Party’s liability in respect of death or personal injury arising from their own, or their employees negligence or for fraudulent misrepresentation.
7.6 In the event that PCS Credit believes that the Client has breached any of the terms and conditions herein or in the event of the Client’s insolvency or bankruptcy, PCS Credit may, with immediate effect and without notice, terminate or suspend the Client’s access to the Services.
7.7 The Client agrees to indemnify, defend and hold PCS Credit and its affiliates, officers and employees harmless from any loss, cost, damage, claim or demand (including reasonable legal fees) made by any third party or incurred or suffered by PCS Credit or its affiliates, officers or employees in connection with the Client’s use of the PCS Credit website and/or the Services in breach of the terms and conditions contained herein. Further, and in particular, the Client agrees to indemnify PCS Credit against all costs, claims, losses or damages which PCS Credit may sustain or incur as a result of any breach by the Client of the provisions of the Data Protection Act 1998.
7.8 Neither party shall be liable for any loss of profit or any special, indirect or consequential loss arising under or in connection with the Agreement or for any delay in performance or the non-performance of any of its obligations under this Agreement.
8. Assignment
8.1 The Services are personal to the Client and the Client shall not, without the prior written consent of PCS Credit, re-assign, re-sell, sub-lease or in any other way transfer the Services, any materials or information obtained pursuant to or provided under the Services or any of the Client’s rights or obligations hereunder to any third party without the written consent of PCS Credit.
9. Sub-contract
9.1 The Parties shall not sub contract any or all of their rights and obligations under this Agreement.
10. Force Majeure
10.1 PCS Credit shall not be liable to the Client for failure to perform any obligation hereunder where such failure is caused by the occurrence of any unforeseen contingency or circumstances beyond the reasonable control of PCS Credit, including without limitation Internet outages, communications outages, fire, flood war or act of God.
11. Dispute Resolution
11.1 If a dispute arises out of or in connection with this Agreement or the performance, validity or enforceability of it then, except as expressly provided in this Agreement, the Parties shall follow the dispute resolution procedure set out in this clause.
11.2 Either Party shall give to the other written notice of the dispute, setting out its nature and full particulars, together with relevant supporting documentation. On service of the said notice the receiving Party shall attempt in good faith to resolve the dispute.
11.3 If the Parties are for any reason unable to resolve the dispute within 30 days of it being referred to them, either Party may take such further steps as it considers appropriate to resolve the dispute, including the initiation of court proceedings.
12. Notices
12.1 Any notice, claim or demand required to be served under or in connection with this Agreement shall be sufficiently given served or delivered to the relevant party at the address specified below (or such other address as one party may from time to time notify to the others in accordance with this Agreement).
If to PCS Credit:
Attention: Joanne Burton
PCS Credit Management
Trident 3, Trident Business Park
Styal Road,
Manchester, M22 5XB
If to The Client
At the last address or contact number notified to, and acknowledged by, PCS Credit by the Client
12.2 Any such notice shall be in writing and shall be delivered by hand or sent by pre paid post, by facsimile or by courier and, if delivered by hand or courier, shall conclusively be deemed to have been given or served at the time of delivery, if sent by facsimile shall conclusively be deemed to have been received on the next business day (Monday to Friday excluding bank holidays) provided a successful transmission report has been produced and if sent by post, shall in the absence of relevant strike action conclusively be deemed to have been received 3 business days (Monday to Friday excluding bank holidays) from the time of posting
13. No Partnership, Agency or Employment
13.1 Nothing in this Agreement is to be construed as establishing or implying a partnership or joint venture between the parties hereto or as appointing or constitute one party as agent or employer of the other for any purpose whatsoever. Unless this Agreement expressly states otherwise, neither party shall without the other party’s prior written consent, have the authority or power to bind the other party or to contract in the name of or create a liability of the other in any way or for any purpose.
14. Variation
14.1 No variation to this Agreement shall be effective unless in writing signed by a director or other duly authorised officer of each of the Parties.
15. Severability
15.1 If any provision of this Agreement (or part of any provision) is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision or part-provision shall, to the extent required, be severed from this Agreement and shall be ineffective without, as far as is possible, modifying any other provision of this Agreement and this shall not affect any other provisions of this Agreement which shall remain in full force and effect.
16. Waiver
16.1 A waiver of any right under this Agreement is only effective if it is in writing and it applies only to the circumstances for which it is given. No failure or delay by any Party to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.
17. Rights of Third Parties
17.1 The Parties to this Agreement do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a Party to it.
18. Entire Agreement
18.1 This Agreement constitutes the whole agreement between the Parties and supersedes all previous agreements between the Parties relating to the use of the PCS Credit website and the provision of the Services. Each Party acknowledges that, in entering into this Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) (other than for breach of contract). Nothing in this clause 18.1 shall limit or exclude any liability for fraud.
19. Jurisdiction
19.1 These terms and conditions, the provision of the Services, use of the PCS Credit website and the relationship between the Client and PCS Credit shall be governed by the laws of England and Wales. The Courts of England shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement or its subject matter.
