Terms and Conditions –Argyle Satellite Contract Services Ltd
- The Terms and Conditions govern the provision of private hire vehicle (PHV) and taxi booking and account services provided by Argyle Satellite Contract Services Ltd, a fully owned subsidiary of CityFleet Networks Ltd, its sister companies or subsidiaries with the exclusion of any other oral or written statement or agreement whatever its legal
- In this contract:-
- ‘‘The Company’’ means Argyle Satellite Contract Services Ltd.
- ‘‘Service’’ means the provision of the services referred to in clause 1 above and further contained herein.
- ‘‘Charges’’ means the total charges as set out in clause 2
- ‘‘The Customer’’ means a company or individual who completes an application with the Company for the
- ‘‘Invoice’’ means an invoice for the total of the charges delivered by the Company to the
- ‘‘Net Invoice Balance’’ means the total of the charges for the relevant period including administration charges but excluding
The Customer agrees to pay the Company:-
2.1 For all journeys undertaken by a Driver of a vehicle booked by the Company:- The journey fare applicable at the time of each relevant journey or the rate as may otherwise be agreed with the Company in writing plus all other agreed charges including administration charges.
- The Rights and Powers of the Company
- The Company reserves the right to:-
- Alter any account number or the Invoice limit at any time and notify the Customer of such ch
- Change the rules or instructions concerning the use of any part of the Service from time to time and to notify the Customer
- Temporarily suspend the Service to the Customer wholly or in part in the interest of the security or quality of Service or in the interest of other Customers or if the Invoice limit is
- Suspend or temporarily suspend the Service in the event of communication
- Decline the Service unless the Company is at its own discretion satisfied that the proper security procedures have been followed and shall not be liable in any way for refusing the Service under these
- Payment of Invoices
Subject to any other written agreement between the parties hereto:
- Invoices will be delivered weekly or mo
- The Customer agrees to pay in full within 30 days of the date the total of such
- The Company shall be entitled to charge interest on the balance of any account remaining unpaid for a period of more than 30 days at the rate of 15% per annum.
- The company shall be entitled to charge the customer for any collection costs including legal fees incurred in collection of an overdue
- Invoice Limit
5.1 At the time of opening an account the Company will set a limit on the total amount outstanding. The Company will refuse to accept any further business in the event of this limit being exceeded. It will be the duty of the Customer to ensure that the use of the Service is operated within the Invoice limit.
However the Company is not under a duty to the Customer to limit the Service to the Invoice limit and if in their absolute discretion the Company should continue to provide Service over and above the Invoice limit the full amount due to the Company shall be payable by the Customer notwithstanding that the Invoice limit may have been exceeded.
The Service provided by the Company may be terminated as follows:
- By either party giving the other 21 days written
- Immediately if the Customer (without prejudice to any other rights or remedy of the Company):
- Fails to pay when due any sums
- Commits any act of bankruptcy or compounds with his creditors or a petition or Receiving Order in Bankruptcy is presented or made against the Customer or a Petition for an Administration Order is presented in relation to the Customer or Resolution or Petition to wind up the Customer is passed or presented (otherwise than for reconstruction or amalgamation) or a Receiver or Administrative Receiver is a
- Fails to observe or perform or breaches any of the Terms and Conditions set out
- Any waiver by the Company of any breach by the Customer of these Terms and Conditions is limited to that particular breach. No delay by the Company to act upon a breach shall be deemed a
- In the event of any dispute concerning the calculation by the Company of its charges such dispute shall be notified to the Company by the Customer within 21 days of the Invoice (time being of the essence). In the event of no such notification being received by the Company the Customer shall accept the amount as being properly due and calculated and shall not be entitled to dispute the sum in any way what
- Any dispute arising under the Terms and Conditions which does not involve a complicated issue of law shall be referred in the first instance to
- Limitation of Liability
- The Company has no obligation, duty or liability in contract tort for breaches of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and
- To the fullest extent permitted by law, the Company shall have no liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, revenue or savings (actual or anticipated), wasted expenditure, or for any indirect or consequential loss incurred by the Client arising under or in connection with the Agreement.
- Whereas the Company shall take every reasonable care to ensure that it will only book licensed PHVs and Taxis driven by licensed Drivers subject thereto:
- The Company takes no liability whatever whether in contract tort (including negligence or breach of statutory duty) or otherwise for the acts or omissions on the part of the Driver booked by the
- In any event, in no circumstances shall the Company be liable in contract tort (including negligence or breach of statutory duty) or otherwise for loss (whether direct or indirect) of profits, business or anticipated savings or for any indirect or consequential loss wha
- In any event, in no circumstances shall the Company be liable in contract tort (including negligence or breach of statutory duty) or otherwise for the acts or omissions of other parties.
- Subject to the provisions of this clause and except in the case of death or personal injury, Sherbet Taxis’ aggregate liability arising from or in connection with the provision of the Services to its Customers under these terms and conditions shall not exceed £100
- Each provision of this paragraph is to be construed as a separate limitation applying and surviving even if for any reason one or other of the said provisions is held as incapable or unreasonable in any circumstances and shall remain in force notwithstanding termination of the
The Company may from time to time amend these Terms and Conditions and shall as soon as possible forward a copy of the same to the Customer. The Customer shall then have 21 days from the date of being sent such variations to decline the same and to terminate the Service but in the absence thereof they will be bound by such variations and shall not thereafter be entitled to dispute the same whether or not they apply to the rate of charging or otherwise.
- Service of Notices
Any notice to be served on either party by the other shall be in writing delivered by hand or sent by prepaid post to the last known address of the addressee. It is the duty of each party to notify the other of the appropriate address and reference. The date of delivery of such notice shall be deemed to be the next working day after evidence of posting.
Any Terms and Conditions contained herein which in any way contravene the law of any state or region including the law of the European Union in which the service operates shall in such state or region to the extent of such contravention of law be deemed severable and shall not invalidate any other Terms or Conditions hereof.