Terms & Conditions of Business
Statement Drafting Services is a supplier of in-house and agent based appointments for Work Providers who typically require Witness Statements, Locus Reports, Accident investigations, Client Tracing, Injury Photography or completion of paperwork for claims and the collection of sensitive client documentation. The information collected and the completed documentation will be delivered electronically to the Work Provider to aid with turnaround. The service is delivered by Statement Drafting Services, 4th floor, St. Nicholas House, Old Churchyard, Liverpool, L2 8TX
Instructing Statement Drafting Services requires agreement to the business terms and conditions, in addition to access to an email address for updates to be given to the Work Provider, as to the progress of the instruction.
In these Terms & Conditions of Business, the following words and expressions shall have the following meanings:-
“Appointment” means an appointment booked with a representative of Statement Drafting Services for a specific date and time agreed between the client and Statement Drafting Services.
“Business Day” means a day other than Saturday, Sunday, Bank Holidays & Public Holidays.
“Out of Hours” includes any day that is not a Business Day, in addition to before 9am and after 5pm on a Business Day.
“The Company” means Statement Drafting Services.
“Work Provider” means company, business or individual instructing the services of The Company.
“Client” means a Client or potential customer of a Work Provider. The Company is instructed via the Work Provider.
“Commencement Date” means the date of the first instruction received from the Work Provider.
“Instruction Date” means the date of each instruction received by the Work Provider.
“Service” means a service supplied by The Company to the Work Provider.
“Force Majeure” means any event outside the reasonable control of either party affecting its ability to perform any of its obligations (other than payment) under this Agreement including but without limitation: fire, flood, lightening, war, revolution, terrorism, riot, strike, lock-out or other industrial action, failure of supplies or power, fuel, transport, equipment, raw materials, traffic accident or road closure.
“Agent” means the person representing The Company who will visit the Work Provider’s
Client to assist with completion and collection of requested documentation.
“Intellectual Property Rights” means any patent, design, domain name, know-how, design right, copyright or other intellectual right anywhere in the world.
“Registered Users” means the individuals from or on behalf of a Work Provider that provides instructions.
“Innocent Party” means a party that did not intentionally mean/or intend to be party to a disputed matter.
“Defaulting Party” means the party who did not uphold and enforce their part of the current terms of business.
“Requested Documentation” means Work Provider’s documentation that requires completion.
“Completed Documentation” means the documentation produced as a result of a completed Appointment or Service, including Signed Witness Statement, Locus Report, Completed paperwork etc.
“Electronic Method” means the agreed return method for the Completed Documentation.
“Parties” means Work Provider and The Company.
“SLA” means Service Level Agreement.
By instructing The Company, the Work Provider appoints The Company to provide the services set out within their instruction and this Agreement shall come into force on the commencement date and shall continue in force until either party provides the other with not less than 60 day’s notice of termination in writing.
1.1 Any party (“innocent party”) may give notice in writing to the other (“defaulting party”) terminating the Agreement with immediate effect if:-
1.1.1 the defaulting party commits any material breach of any of the terms of this Agreement and that breach (if capable of remedy) is not remedied within 15 business days of notice being given by the innocent party requiring it to be remedied;
1.1.2 the defaulting party takes any corporate action or other steps are taken or legal proceedings are started for its winding up or dissolution or for it to enter into any arrangement or composition for the benefit of creditors or for the appointment of a receiver, administrator, administrative receiver, trustee, or similar person of any of its revenues or assets or distress being executed against, or an encumbrance taking possession of, any of its revenues or assets.
2. WORK PROVIDER SERVICE LEVELS
2.1 The Work Provider undertakes and agrees with The Company at all times during the term of engagement of services by the company:-
2.1.1 to notify The Company of the details of each Client including and not limited to: full name, home address, postcode, daytime contact telephone number, evening contact number, requested documentation and confirmation of the service required;
2.1.2 to act towards The Company conscientiously and in good faith and not to allow its interests to conflict with the duties that it owes to The Company under this Agreement and/or any legal requirements;
2.1.3 not to act in a way which will incur any liabilities by, or on behalf of, The Company;
2.1.4 to promote The Company to Clients with all due care and diligence;
2.1.5 to inform The Company at the earliest opportunity of the termination of
employment of any registered user, to ensure the Work Provider’s data security;
2.1.6 to act in accordance with sound commercial principles in its relations with Clients and do nothing which The Company may consider to be prejudicial to the goodwill, reputation or commercial interests of The Company;
2.1.7 to inform The Company promptly of any complaint or enquiry received by the Work Provider from a Client concerning The Company or any of its representatives;
2.1.8 not without The Company’s prior written consent to make or give any representations, warranties or other promises concerning The Company;
2.1.9 for the duration of this Agreement and for 6 months following termination of this Agreement, not to solicit, facilitate the solicitation of, or seek to do business with any Agent or employee of The Company;
2.1.10 not to divulge to any 3rd party, or make use of or demonstrate to any 3rd party any system or software of The Company that is not in the public domain;
2.2 It is accepted by the Work Provider that all Registered Users are authorised to instruct the services of The Company.
3. THE COMPANY’S SERVICE LEVELS
The Company undertakes and agrees with the Work Provider that at all times while acting under instruction by the Work Provider:-
3.1 The Company is authorized by the Work Provider to contact a Client between the hours of 08:00 and 20:00.
3.2 All Agents and in house representatives of The Company will endeavour to attend and telephone appointments on time. The Company requires thirty minutes flexibility from the Work Provider and Client from the appointment start time, to allow for any unforeseen travel or telephone line problems the Agent may encounter.
3.3 Agents and in house representatives will not offer advice to any Client of the Work Provider. Agents will always act in the best interests of the Work Provider and use their best endeavours to ensure that the Service or Requested Documentation is completed accurately and Completed Documentation returned using the agreed Electronic Method.
3.4 To inform the Work Provider at the earliest convenience of any grievance, complaint or questions from a Client of the Work Provider.
3.5 The Company will not be held liable for the potential value/loss of revenue of a Client in the event a Client cancels with the Work Provider citing The Company or any of its representatives as their reason.
3.6 The Company will conduct a full investigation into any complaint received and provide full feedback to the Work Provider.
3.7 The Company shall keep all information provided by and for the Work Provider in a secure manner and compliant with DPA.
3.8 All Completed Documentation will be emailed to the Work Provider by no later than the next working day.
3.9 All data provided by the Work Provider will be treated as private and confidential and will not be released to any 3rd party without the prior written consent of the Work Provider unless required by law, or for any other reason why The Company would be obliged to release this information.
3.10 The Work Provider will be informed at the earliest opportunity of any amendments made to an instruction including and not limited to the addition of Client notes, change in appointment status, change of appointment date or time or completion of appointment.
4. NO PARTNERSHIP
4.1 Nothing in this Agreement shall create, or be deemed to create, a partnership or joint venture or relationship of employer and employee or principal and Agent between the Parties to this Agreement.
5.1 This Agreement may be varied at any time by The Company by giving notice in writing to the Work Provider. Should the Work Provider disagree with any of the variations they may terminate the Agreement without liability to The Company. No other variation of this Agreement shall be effective unless it is in writing and is signed by an authorised representative of each Party.
6. NO WAIVER
6.1 No provision of the Agreement shall be waived unless agreed to be waived by both Parties in writing. If any provision is waived, then that waiver shall operate for that instance only and not any future instances, unless agreed otherwise by both Parties in writing.
6.2 These terms contain the entire terms of business between the Parties with respect to the subject matter of these terms and supersedes all other written and oral communications between the Parties. The express terms, conditions and warranties of this Agreement are in lieu of all warranties, conditions, terms, representations, statements, undertakings and obligations whether express or implied by statute, common law, custom, usage or otherwise all of which are hereby excluded to the fullest extent permitted by law. The Parties hereby confirm that they have not relied upon any representations, communications or other matters that have not been expressly stated in this Agreement. Notwithstanding any provision to the contrary, nothing in this Agreement limits or excludes either Party’s liability for fraudulent misrepresentations.
6.3 This Agreement and any dispute or claim arising in connection with it shall be governed by the laws of England and shall be subject to the exclusive jurisdiction of the English Courts to which the Parties’ irrevocably submit.
7.1 All charges are accepted by the Work Provider as payable upon completion of the required service, be it electronically or physically, unless disputed by the Account Holder within 5 working days of receipt in line with clause 2.1.12;
7.2 Any specific appointment that enters into dispute will be treated on an individual basis and a credit note may be issued to allow for a full investigation. If the appointment is deemed to be chargeable, the charge will appear on the next invoice immediately following the dispute resolution;
7.3 There is no right of offset for any individual dispute to allow for non-payment or delay of payment of other appointments appearing on any issued invoice.
8 BILLING & CREDIT
8.1 The Company will raise invoices upon completion of the required service;
8.2 Payment terms are individually agreed, subject to credit being applied for by the Work Provider and approved by The Company. Payment terms are detailed on the issued invoice, payment must be received as cleared funds on or before the due date regardless of credit limit;
8.3 If you reach your credit limit before the date your oldest invoice is due, you must bring your balance within the agreed limit to avoid interruption to service;
8.3.1 No further instructions will be accepted until your account is within the agreed credit limit.
8.4 Credit limits will be regularly reviewed and may be increased, decreased or withdrawn by The Company;
8.5 Payments will be made by way of Cheque or Direct Bank Transfer only.
8.6 Late payments outside of agreed terms may incur additional penalties and interest in line with the Late Payment of Commercial Debts (Interest) Act 1998;
8.7 The Work Provider, it’s Directors, ultimate holding company (where applicable) and their Directors remain equally and severally liable for all charges accrued and any interest or charges resulting from late payment in line with 8.6
8.8 In the event five invoices become overdue and no payment plan has been agreed, the account will enter into default and all outstanding invoices will become due for immediate payment;
8.9 Upon default of the account and any monies/invoices outstanding being passed to a Debt Collection Company, Credit Association and/or Solicitors Practice, an amount equal to 25% (of the default sum/outstanding amount) plus VAT (at the prevailing rate) will be added to the outstanding balance at that time.
8.10 In addition to this you will be liable for any Fixed Solicitors Costs and Court Costs that are accrued as part of the recovery process as set out by Her Majesty’s Courts and Tribunal Service at the prevailing rate.
Statement Drafting Services reserves the right to change these Terms and Conditions at its sole discretion, in the event that these terms are changed, we will notify the Work Provider via email with the current version. The Customer’s continued use of the Services thereafter will be deemed acceptance of such changes.