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Terms & Conditions
IMPORTANT - PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE
These terms and conditions apply to the website owned, operated and controlled by BCA Business Services Limited (“BCA”), located on the World Wide Web at www.bcabusiness.co.uk (the "Website") and to the provision of services by BCA Business Services Ltd. in respect of the collection of outstanding debts for you (“You” or “Client”) or the provision of credit checking services providing information on and assessment of the creditworthiness of third parties (respectively, the “Debt Collection Services” and “Credit Checking Services” and, collectively, the “BCA Business Services”).
By using the Website, You are deemed to have full knowledge of these terms and conditions and to accept them. BCA Business Services may, at any time change, modify, add to or remove part or all of these terms and conditions. You should therefore check these terms and conditions periodically to see if they have changed. Continued use of this Website following any change in the terms and conditions will be deemed to constitute Your acceptance of those changes.
BCA makes every effort to ensure that the information and data contained on the Website is correct. BCA, however, accepts no liability and does not guarantee that the information and data provided is up to date, correct and complete. This also applies for all other websites referred to by means of a hyperlink from time to time. BCA is not responsible for the contents of such websites reached by means of such a link and reserves the right to modify or supplement the information or data provided without prior notice.
Copyright
All materials accessible on this Website are protected by copyright. Users may view Website pages on screen and may print or download extracts for personal use or for use by others within their organisations.
Users may supply a copy of any such extract to any third party provided that:
• the extract is for their own personal use;
• the extract is not supplied as part of or incorporated in another work, website or publication;
• the extract is not supplied either directly or indirectly in return for commercial gain; and
• the third party is made aware that the source of the copy is this Website and that these terms and conditions apply equally to them.
No part of this Website may be reproduced, transmitted to, or stored on any other website or in any other form of electronic medium without BCA's express written consent.
Continuity and Quality of Service
BCA will use its reasonable endeavours to provide Clients with a prompt and continuing Website service. BCA does not, however, warrant that the Website service it provides will continue uninterrupted or without delay or that it will remain unchanged. In particular, BCA reserves the right to bring the Website down as and when necessary for the purposes of maintenance.
Whilst BCA will use its reasonable endeavours to ensure that the information contained in the Website is correct and reliable, no warranty, either express or implied, is given as to the accuracy or completeness of that information.
Links to External Sites
The Website may from time to time contain hypertext links to a number of websites owned, operated and controlled by third parties. BCA has no control over or proprietary interest in any of these websites and, as such, makes no warranties with regard to the quality, security, accuracy or any other aspect of such sites, and excludes any and all liability arising from use of the same.
Data Protection
The protection of Clients' personal data takes top priority for BCA and BCA does not collect any personal data through its Website without Clients' consent. Users alone decide whether to provide BCA with such data or not.
Where you are able to communicate to BCA personal information via the Website, BCA shall, at all times, process and utilise such personal information provided in accordance with the Data Protection Act 1998. Only authorised employees will have access to your personal information. If Clients who have provided BCA with personal information would like to alter their details or check their accuracy please contact us.
Upon access to the Website, information is occasionally collected automatically (i.e., not through a registration), whereby this information cannot be assigned to a specific person (e.g., Internet browser and operating system used; domain name of the website from where users arrived; number of visits, average dwell time, pages called up). BCA uses this information to determine the attractivity of the Website and improve its content.
When users visit the Website, information may be saved on users' computers as a "cookie" which is then automatically recognised on the next visit to the Website. Users who do not want BCA to recognise their computers should set their Internet Browsers so that they delete cookies from the computer hard disk, block all cookies or warn users before saving a cookie.
Enquiries
Whilst every effort is made to ensure that any enquiries submitted with regard to the Website or its operation are dealt with promptly, BCA cannot guarantee that queries will always be dealt with within the timescale users may require.
BCA cannot always guarantee complete confidentiality and would therefore recommend that users do not transmit or include sensitive information, which could be classed as a trade secret, via the Internet.
Disclaimer
BCA shall not be liable for any third party claims or losses of any nature, including, but not limited to, loss of profits, indirect or consequential loss or loss due to circumstances beyond its reasonable control.
BCA does not accept any liability for any acts or omissions resulting from Clients’ decisions or opinions formed on the basis of use of the Website. In particular, reports or information provided to Clients by BCA may, in whole or part represent expressions of advice or opinion based on data supplied by third parties, the accuracy of which BCA will be unable to verify in every case. BCA can accept no liability for any errors therein or omissions therefrom. For the avoidance of any doubt, BCA will not be liable for any loss or damage whatsoever as a result of the Client's use of any report or information supplied by BCA.
THE SERVICES
Debt Collection Services
1.BCA is authorised by and on behalf of the Client to collect payments and issue receipts in relation to the Client’s debts and debtor and to deduct and retain fees at BCA prevailing rate from time to time (the “Fees”) owing to BCA for the Debt Collection Services rendered. Payment of the recovered balance (less the retained Fee) will be issued to the Client within 10 days after being banked by BCA, allowing sufficient time for the payment to clear. BCA will retain any interest and legislative fee recovered as way of maintaining lower fee’s to their clients.
2.Accounts settled and any monies received by the Client via any other source after intervention by BCA are subject to the Fee at BCA's prevailing rate from time to time. The Fees must be paid to BCA within 10 days from the date of payment receipt.
3.Once a case is passed to BCA and a part-payment results in an outstanding balance, the case will remain with BCA until the full amount is cleared. Withdrawal of an account from BCA before BCA 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 BCA before final action (such agreement to be entirely at BCA's discretion).
4.The Client acknowledges that whilst BCA makes all reasonable endeavours to recover the outstanding balance owed by Client’s debtor, no guarantee is either expressed or implied that such sums would be recovered. In this regard, the Client agrees that in the event of the Client’s debtor becoming insolvent prior to repayment of the debt to the Client, or the client unilaterally makes a decision to revoke the referral without agreement of BCA, then BCA shall nevertheless be entitled to receive payment of the Fees. Where the Fees are expressed to be a percentage of the relevant debt, BCA shall be entitled to receive the relevant percentage in respect of the full debt whether or not it has been repaid to the Client.
5.The Client must notify BCA immediately if there is any change in the amount due in respect of any account passed to BCA for collection.
6.If a case is recommended by BCA for litigation, no action will be taken without the Client’s approval and any such action shall be subject to agreement between BCA and the Client as to legal tariffs. It is the Client’s responsibility to advise BCA where any payment is received directly from the debtor 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. BCA will not accept liability for any unnecessary costs which may result from any act or omission by the Client.
7.In respect of the provision of legal services associated with the commencement and handling of legal proceedings (“Legal Services”), BCA 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 BCA's Pricing Schedule. BCA may also request pre-payment from the Client in respect of additional costs or disbursements that may be incurred on the Client’s behalf.
8.The Client agrees and acknowledges that for cost-related reasons BCA cannot provide Legal Services in respect of debts below £250 in Scotland and £500 in Northern Ireland. BCA does not provide Legal Services on any debts outside the United Kingdom.
9.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 BCA carries out the Client’s instructions.
10. The time BCA takes to perform any obligation under its engagement by the Client shall not be the essence.
11. Where agreed in advance, BCA may accept settlement of the debt by installments. Where payment by installments is agreed, the Fee will be deducted from each installment collected.
12. The Client shall indemnify BCA 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. Credit Checking Services
13. BCA's retainer in respect of the provision of the Credit Checking Services shall operate on one of the following two premises: (i) a single instruction (enabling you to undertake one credit check); or (ii) a batch of instructions (hereinafter, a “Batch”, enabling You to purchase a batch of credit checks). BCA's retainer in respect of a single instruction shall terminate once the credit check in respect of such single instruction has been completed. BCA's retainer in respect of a Batch shall terminate once the final credit check in the Batch has been completed or for a period of 12 months from the date of your initial purchase of the Batch, whichever is sooner.
14. In consideration to BCA providing the Credit Checking Services (and any relevant related materials and/or information), the Client shall pay the fee applicable from time to time (the “Credit Checking Fee”). Unless otherwise specified on the Website or in the Order Confirmation e-mail generated by BCA via the Website upon the placement of your instructions, all payments must be made immediately via the on-line payment facility on the Website.
15. You acknowledge and agree that BCA may review the Credit Checking Fee from time to time provided that once a Batch has been purchased, no subsequent increases to the Credit Checking Fee would apply to any instructions received from You under such Batch. Increases to the Credit Checking Fee shall become effective immediately upon being updated on the Website. The Credit Checking Fee shall be exclusive of any value added tax which shall be payable by You in addition
16. Except as expressly provided herein, access to the Credit Checking Service and use of the database information provided under it does not grant You any database rights or rights in the copyright, trade marks or any other intellectual property rights belonging to BCA or any third party.
17. The information and materials made available to You pursuant to the Credit Checking Services are protected by copyright and other intellectual property rights. You acknowledge that You are not permitted to copy, reproduce or modify any such information or materials without BCA's prior written permission, which it is not obliged to provide.
18. You agree to abide by all laws & regulations applicable to Your use of the Credit Checking Service and to comply in all respects with the Data Protection Act 1998, including, without limitation, the obtaining of any requisite consents which You may be obliged to obtain.
19. Without prejudice to the generality of any of the foregoing provisions, the information and materials made available to You pursuant to the Credit Checking Service are provided solely for Your own use and You undertake that You will not, without BCA's prior written permission, transfer or sell or attempt to transfer or sell Your access to, use of or content of the information and/or materials, or any of Your rights or obligations hereunder to any other person. Further, You undertake and agree not to: (i) use the information and materials You obtain pursuant to the Credit Checking Service (or indeed any information or materials obtained from the Website) fraudulently, in connection with or for purposes of a criminal offence, or otherwise unlawfully; (ii) attempt to gain unauthorised access to information and materials which may only obtained via lawful and authorised use of the Credit Checking Service or the Website; or (iii) modify any of the information available to users of the Credit Checking Service or any part of the website.
20. You acknowledge and agree that You are responsible for maintaining the confidentiality of Your password and account details and are fully responsible for all activities using Your password or account. You agree to immediately notify BCA of any unauthorised use of Your password or account and agree to exit or log out of Your account at the end of each session.
21. The materials and information that You are provided with are collated from public sources that are out of BCA's control. Whilst BCA aims always to maintain a fully operative quality service, the Credit Checking Service is nevertheless provided on an "as is" basis without any warranties of any kind, whether express or implied. Specifically, BCA gives You no warranty or assurance about the contents of any of the materials or the information available pursuant to the Credit Checking Service. Whilst BCA does endeavour to maintain the accuracy and the quality of such materials and information, they may be incorrect or out of date. Therefore, any use which You make of such materials or information is at Your own risk. General
22. BCA disclaims all liability in contract (including negligence) or otherwise in connection with the Services 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.
23. BCA'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 You to BCA during such 12 month period. For the avoidance of doubt, nothing herein shall be construed so as to limit or exclude BCA's liability in respect of death or personal injury arising from BCA's negligence or for fraudulent misrepresentation.
24. In the event that BCA believes that You have breached any of the terms and conditions herein or in the event of Your insolvency or bankruptcy, BCA may, with immediate effect and without notice terminate or suspend You access to the Services.
25. You agree to indemnify, defend and hold BCA 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 BCA or its affiliates, officers or employees in connection with Your use of the Website and/or the Services in breach of the terms and conditions contained herein. Further, and in particular, You agree to indemnify BCA against all costs, claims, losses or damages which BCA may sustain or incur as a result of any breach by You of the provisions of the Data Protection Act 1998.
26. The Services are personal to You or to the user acting on Your direct authority. You shall not, without prior written consent of BCA, 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 Your rights or obligations hereunder to any third party.
27. BCA shall not be liable to You 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 BCA, including without limitation Internet outages, communications outages, fire, flood war or act of God.
28. If any provision in these terms and conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain enforceable.
29. The failure of BCA to exercise or enforce any right or entitlement hereunder shall not constitute a waiver of such a right.
30. These terms and conditions constitute the entire agreement between You and BCA in relation to the use of the Website and the provision of the Services. These terms and conditions, the provision of the Service and the relationship between You and BCA shall be governed by English law. You agree irrevocably to submit to the exclusive jurisdiction of English Courts.
Obligations, Warranties and Limitation of Liability
1.The material and information that you are provided with is retrieved from Creditfocus. Whilst Creditfocus aims always to maintain a quality fully operative service, the Service and Alliance Partner services are nonetheless provided on an "as is", as available basis without warranties of any kind, whether express or implied.
2.BCA Business Services Limited gives you no warranty or assurance about the contents of the Service. Whilst Creditfocus does endeavour to maintain the accuracy and the quality of the Service, they may be incorrect or out of date. Therefore any use you make of the Service is at your own risk.
Feedback
We hope that users will find our Website informative and easy to use. We should be grateful to receive any comments or queries that users have concerning the Website, or any suggestions as to how it could be improved. Please e-mail us at enquiries@bcabusiness.co.uk
These terms and conditions apply to the website owned, operated and controlled by BCA Business Services Limited (“BCA”), located on the World Wide Web at www.bcabusiness.co.uk (the "Website") and to the provision of services by BCA Business Services Ltd. in respect of the collection of outstanding debts for you (“You” or “Client”) or the provision of credit checking services providing information on and assessment of the creditworthiness of third parties (respectively, the “Debt Collection Services” and “Credit Checking Services” and, collectively, the “BCA Business Services”).
By using the Website, You are deemed to have full knowledge of these terms and conditions and to accept them. BCA Business Services may, at any time change, modify, add to or remove part or all of these terms and conditions. You should therefore check these terms and conditions periodically to see if they have changed. Continued use of this Website following any change in the terms and conditions will be deemed to constitute Your acceptance of those changes.
BCA makes every effort to ensure that the information and data contained on the Website is correct. BCA, however, accepts no liability and does not guarantee that the information and data provided is up to date, correct and complete. This also applies for all other websites referred to by means of a hyperlink from time to time. BCA is not responsible for the contents of such websites reached by means of such a link and reserves the right to modify or supplement the information or data provided without prior notice.
Copyright
All materials accessible on this Website are protected by copyright. Users may view Website pages on screen and may print or download extracts for personal use or for use by others within their organisations.
Users may supply a copy of any such extract to any third party provided that:
• the extract is for their own personal use;
• the extract is not supplied as part of or incorporated in another work, website or publication;
• the extract is not supplied either directly or indirectly in return for commercial gain; and
• the third party is made aware that the source of the copy is this Website and that these terms and conditions apply equally to them.
No part of this Website may be reproduced, transmitted to, or stored on any other website or in any other form of electronic medium without BCA's express written consent.
Continuity and Quality of Service
BCA will use its reasonable endeavours to provide Clients with a prompt and continuing Website service. BCA does not, however, warrant that the Website service it provides will continue uninterrupted or without delay or that it will remain unchanged. In particular, BCA reserves the right to bring the Website down as and when necessary for the purposes of maintenance.
Whilst BCA will use its reasonable endeavours to ensure that the information contained in the Website is correct and reliable, no warranty, either express or implied, is given as to the accuracy or completeness of that information.
Links to External Sites
The Website may from time to time contain hypertext links to a number of websites owned, operated and controlled by third parties. BCA has no control over or proprietary interest in any of these websites and, as such, makes no warranties with regard to the quality, security, accuracy or any other aspect of such sites, and excludes any and all liability arising from use of the same.
Data Protection
The protection of Clients' personal data takes top priority for BCA and BCA does not collect any personal data through its Website without Clients' consent. Users alone decide whether to provide BCA with such data or not.
Where you are able to communicate to BCA personal information via the Website, BCA shall, at all times, process and utilise such personal information provided in accordance with the Data Protection Act 1998. Only authorised employees will have access to your personal information. If Clients who have provided BCA with personal information would like to alter their details or check their accuracy please contact us.
Upon access to the Website, information is occasionally collected automatically (i.e., not through a registration), whereby this information cannot be assigned to a specific person (e.g., Internet browser and operating system used; domain name of the website from where users arrived; number of visits, average dwell time, pages called up). BCA uses this information to determine the attractivity of the Website and improve its content.
When users visit the Website, information may be saved on users' computers as a "cookie" which is then automatically recognised on the next visit to the Website. Users who do not want BCA to recognise their computers should set their Internet Browsers so that they delete cookies from the computer hard disk, block all cookies or warn users before saving a cookie.
Enquiries
Whilst every effort is made to ensure that any enquiries submitted with regard to the Website or its operation are dealt with promptly, BCA cannot guarantee that queries will always be dealt with within the timescale users may require.
BCA cannot always guarantee complete confidentiality and would therefore recommend that users do not transmit or include sensitive information, which could be classed as a trade secret, via the Internet.
Disclaimer
BCA shall not be liable for any third party claims or losses of any nature, including, but not limited to, loss of profits, indirect or consequential loss or loss due to circumstances beyond its reasonable control.
BCA does not accept any liability for any acts or omissions resulting from Clients’ decisions or opinions formed on the basis of use of the Website. In particular, reports or information provided to Clients by BCA may, in whole or part represent expressions of advice or opinion based on data supplied by third parties, the accuracy of which BCA will be unable to verify in every case. BCA can accept no liability for any errors therein or omissions therefrom. For the avoidance of any doubt, BCA will not be liable for any loss or damage whatsoever as a result of the Client's use of any report or information supplied by BCA.
THE SERVICES
Debt Collection Services
1.BCA is authorised by and on behalf of the Client to collect payments and issue receipts in relation to the Client’s debts and debtor and to deduct and retain fees at BCA prevailing rate from time to time (the “Fees”) owing to BCA for the Debt Collection Services rendered. Payment of the recovered balance (less the retained Fee) will be issued to the Client within 10 days after being banked by BCA, allowing sufficient time for the payment to clear. BCA will retain any interest and legislative fee recovered as way of maintaining lower fee’s to their clients.
2.Accounts settled and any monies received by the Client via any other source after intervention by BCA are subject to the Fee at BCA's prevailing rate from time to time. The Fees must be paid to BCA within 10 days from the date of payment receipt.
3.Once a case is passed to BCA and a part-payment results in an outstanding balance, the case will remain with BCA until the full amount is cleared. Withdrawal of an account from BCA before BCA 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 BCA before final action (such agreement to be entirely at BCA's discretion).
4.The Client acknowledges that whilst BCA makes all reasonable endeavours to recover the outstanding balance owed by Client’s debtor, no guarantee is either expressed or implied that such sums would be recovered. In this regard, the Client agrees that in the event of the Client’s debtor becoming insolvent prior to repayment of the debt to the Client, or the client unilaterally makes a decision to revoke the referral without agreement of BCA, then BCA shall nevertheless be entitled to receive payment of the Fees. Where the Fees are expressed to be a percentage of the relevant debt, BCA shall be entitled to receive the relevant percentage in respect of the full debt whether or not it has been repaid to the Client.
5.The Client must notify BCA immediately if there is any change in the amount due in respect of any account passed to BCA for collection.
6.If a case is recommended by BCA for litigation, no action will be taken without the Client’s approval and any such action shall be subject to agreement between BCA and the Client as to legal tariffs. It is the Client’s responsibility to advise BCA where any payment is received directly from the debtor 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. BCA will not accept liability for any unnecessary costs which may result from any act or omission by the Client.
7.In respect of the provision of legal services associated with the commencement and handling of legal proceedings (“Legal Services”), BCA 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 BCA's Pricing Schedule. BCA may also request pre-payment from the Client in respect of additional costs or disbursements that may be incurred on the Client’s behalf.
8.The Client agrees and acknowledges that for cost-related reasons BCA cannot provide Legal Services in respect of debts below £250 in Scotland and £500 in Northern Ireland. BCA does not provide Legal Services on any debts outside the United Kingdom.
9.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 BCA carries out the Client’s instructions.
10. The time BCA takes to perform any obligation under its engagement by the Client shall not be the essence.
11. Where agreed in advance, BCA may accept settlement of the debt by installments. Where payment by installments is agreed, the Fee will be deducted from each installment collected.
12. The Client shall indemnify BCA 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. Credit Checking Services
13. BCA's retainer in respect of the provision of the Credit Checking Services shall operate on one of the following two premises: (i) a single instruction (enabling you to undertake one credit check); or (ii) a batch of instructions (hereinafter, a “Batch”, enabling You to purchase a batch of credit checks). BCA's retainer in respect of a single instruction shall terminate once the credit check in respect of such single instruction has been completed. BCA's retainer in respect of a Batch shall terminate once the final credit check in the Batch has been completed or for a period of 12 months from the date of your initial purchase of the Batch, whichever is sooner.
14. In consideration to BCA providing the Credit Checking Services (and any relevant related materials and/or information), the Client shall pay the fee applicable from time to time (the “Credit Checking Fee”). Unless otherwise specified on the Website or in the Order Confirmation e-mail generated by BCA via the Website upon the placement of your instructions, all payments must be made immediately via the on-line payment facility on the Website.
15. You acknowledge and agree that BCA may review the Credit Checking Fee from time to time provided that once a Batch has been purchased, no subsequent increases to the Credit Checking Fee would apply to any instructions received from You under such Batch. Increases to the Credit Checking Fee shall become effective immediately upon being updated on the Website. The Credit Checking Fee shall be exclusive of any value added tax which shall be payable by You in addition
16. Except as expressly provided herein, access to the Credit Checking Service and use of the database information provided under it does not grant You any database rights or rights in the copyright, trade marks or any other intellectual property rights belonging to BCA or any third party.
17. The information and materials made available to You pursuant to the Credit Checking Services are protected by copyright and other intellectual property rights. You acknowledge that You are not permitted to copy, reproduce or modify any such information or materials without BCA's prior written permission, which it is not obliged to provide.
18. You agree to abide by all laws & regulations applicable to Your use of the Credit Checking Service and to comply in all respects with the Data Protection Act 1998, including, without limitation, the obtaining of any requisite consents which You may be obliged to obtain.
19. Without prejudice to the generality of any of the foregoing provisions, the information and materials made available to You pursuant to the Credit Checking Service are provided solely for Your own use and You undertake that You will not, without BCA's prior written permission, transfer or sell or attempt to transfer or sell Your access to, use of or content of the information and/or materials, or any of Your rights or obligations hereunder to any other person. Further, You undertake and agree not to: (i) use the information and materials You obtain pursuant to the Credit Checking Service (or indeed any information or materials obtained from the Website) fraudulently, in connection with or for purposes of a criminal offence, or otherwise unlawfully; (ii) attempt to gain unauthorised access to information and materials which may only obtained via lawful and authorised use of the Credit Checking Service or the Website; or (iii) modify any of the information available to users of the Credit Checking Service or any part of the website.
20. You acknowledge and agree that You are responsible for maintaining the confidentiality of Your password and account details and are fully responsible for all activities using Your password or account. You agree to immediately notify BCA of any unauthorised use of Your password or account and agree to exit or log out of Your account at the end of each session.
21. The materials and information that You are provided with are collated from public sources that are out of BCA's control. Whilst BCA aims always to maintain a fully operative quality service, the Credit Checking Service is nevertheless provided on an "as is" basis without any warranties of any kind, whether express or implied. Specifically, BCA gives You no warranty or assurance about the contents of any of the materials or the information available pursuant to the Credit Checking Service. Whilst BCA does endeavour to maintain the accuracy and the quality of such materials and information, they may be incorrect or out of date. Therefore, any use which You make of such materials or information is at Your own risk. General
22. BCA disclaims all liability in contract (including negligence) or otherwise in connection with the Services 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.
23. BCA'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 You to BCA during such 12 month period. For the avoidance of doubt, nothing herein shall be construed so as to limit or exclude BCA's liability in respect of death or personal injury arising from BCA's negligence or for fraudulent misrepresentation.
24. In the event that BCA believes that You have breached any of the terms and conditions herein or in the event of Your insolvency or bankruptcy, BCA may, with immediate effect and without notice terminate or suspend You access to the Services.
25. You agree to indemnify, defend and hold BCA 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 BCA or its affiliates, officers or employees in connection with Your use of the Website and/or the Services in breach of the terms and conditions contained herein. Further, and in particular, You agree to indemnify BCA against all costs, claims, losses or damages which BCA may sustain or incur as a result of any breach by You of the provisions of the Data Protection Act 1998.
26. The Services are personal to You or to the user acting on Your direct authority. You shall not, without prior written consent of BCA, 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 Your rights or obligations hereunder to any third party.
27. BCA shall not be liable to You 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 BCA, including without limitation Internet outages, communications outages, fire, flood war or act of God.
28. If any provision in these terms and conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain enforceable.
29. The failure of BCA to exercise or enforce any right or entitlement hereunder shall not constitute a waiver of such a right.
30. These terms and conditions constitute the entire agreement between You and BCA in relation to the use of the Website and the provision of the Services. These terms and conditions, the provision of the Service and the relationship between You and BCA shall be governed by English law. You agree irrevocably to submit to the exclusive jurisdiction of English Courts.
Obligations, Warranties and Limitation of Liability
1.The material and information that you are provided with is retrieved from Creditfocus. Whilst Creditfocus aims always to maintain a quality fully operative service, the Service and Alliance Partner services are nonetheless provided on an "as is", as available basis without warranties of any kind, whether express or implied.
2.BCA Business Services Limited gives you no warranty or assurance about the contents of the Service. Whilst Creditfocus does endeavour to maintain the accuracy and the quality of the Service, they may be incorrect or out of date. Therefore any use you make of the Service is at your own risk.
Feedback
We hope that users will find our Website informative and easy to use. We should be grateful to receive any comments or queries that users have concerning the Website, or any suggestions as to how it could be improved. Please e-mail us at enquiries@bcabusiness.co.uk
© Copyright BCA Business Services Ltd., July 2011.