Payment Terms and Conditions

 

Application and entire agreement

 

These Terms and Conditions apply to the provision of the services detailed on our website (Services) by Eversholt Ltd t/a www.testdrivertreats.co.uk/dealerships a company registered in England and Wales under number 07097332 whose registered office is at Devizes, Wiltshire, SN10 5BX (we or us or Service Provider) to the person buying the services (you or Customer).

 

You are deemed to have accepted these Terms and Conditions when you complete the special offer application form (Contract) on the website and these Terms and Conditions and the Contract

 are the entire agreement between us.

 

You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

 

Interpretation

 

1. A "business day" means any day other than a Saturday, Sunday or bank holiday in England and Wales.

The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.

Words imparting the singular number shall include the plural and vice-versa.

 

Services

 

2. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the Contract. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.

 

3. We will use our reasonable endeavours to complete the performance of the Services within the time agreed.

 

Fees 

 

4. The fees (Fees) for the Services are set out below:

 

a. All introductions from Eversholt Ltd via www.testdrivertreats.co.uk to you will be charged at £1.75 per introduction.

 

b. The Fees are inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

 

Cancellation and amendment

 

5. Either we or you can cancel or amend a special offer for any reason at any time prior to or during the contract.

 

6. If you want to cancel or amend any details of the special offer you must tell us via email as soon as possible.

 

7. We will use reasonable endeavours to make any required changes to your special offer within 24 hours of receipt of your request.

 

8. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Services or how they   are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.

 

Payment

 

9. We will invoice you for payment of the Fees on the 1st day of each month.

 

10. You must pay the Fees due within 30 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.

 

11. Time for payment shall be of the essence of the Contract.

 

12. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 5% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.

 

13. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

 

14. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.

 

15. Receipts for payment will be issued by us only at your request.

 

16. All payments must be made in British Pounds unless otherwise agreed in writing between us.

 

Termination

 

17. We can terminate the provision of the Services immediately if you:

 

a. commit a material breach of your obligations under these Terms and Conditions; or

 

b. fail to make pay any amount due under the Contract on the due date for payment; or

 

c. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or

 

d. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or

           

Intellectual property

 

18. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

 

Liability and indemnity

 

19. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.

 

20. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.

We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:

 

            a. any indirect, special or consequential loss, damage, costs, or expenses or;

 

            b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or       goodwill; business interruption; or, other third party claims; or

 

            c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or

 

            d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or

 

            e. any losses arising directly or indirectly from the choice of Services and how they will meet your      requirements or your use of the Services or any goods supplied in connection with the Services.

 

Data Protection

 

21. When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.

The parties agree that where such processing of personal data takes place, the Customer shall be the 'data controller' and the Service Provider shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.

 

22. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.

 

23. The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.

 

24. The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict 'need-to-know' basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.

 

25. The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.

 

26. Further information about the Service Provider's approach to data protection are specified in its Data Protection Policy, which can be found within our Privacy Policy. For any enquiries or complaints regarding data privacy, you can email: Data@Eversholt.co.uk.

 

Circumstances beyond a party's control

 

27. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

 

Communications

 

28. All notices under these Terms and Conditions must be in writing (email or post) and signed by (electronically or otherwise), or on behalf of, the party giving notice (or a duly authorised officer of that party).

 

29. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

 

No waiver

 

30. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

 

Severance

 

31. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

 

Law and jurisdiction

 

32. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.