Terms & Conditions
TERMS AND CONDITIONS OF SERVICE
These terms and conditions shall apply to the provision of Services by Shred4Security Limited to the client, Shred4Security Limited, a company registered in England and Wales under company number 04262291, are based at 5 Perry Road, Witham, Essex, CM8 3UD
Definitions and Interpretations
Agreement - means an agreement between S4S and the client
Business Day - means a day excluding Saturday, Sunday and Bank Holidays
Client - means any individual, firm or corporate body which purchases services from S4S
Commencement Date - means the commencement date of the Agreement
Payment - means the price payable by the client to S4S as confirmed in the quotation supplied by S4S
S4S - means Shred4Security Limited
Services - means the services provided to the client by S4S
Equipment - means bags, boxes, wheelie bins, skips
Contaminated Waste - means materials provided to S4S other than those as agreed, including, but not limited to, glass, metals, combustibles, clinical waste
Materials - Paper data or goods
After placing an order with S4S you will receive written communication by letter or email acknowledging that S4S received your order and confirming arrangements for the provision of Services to the Client by S4S. With effect from the Commencement Date S4S will in consideration of the fee being paid in accordance with the Terms of Payment hereinafter contained provide the Services to the Client. S4S will use reasonable care and skill to perform the Services
S4S will use all reasonable endeavours to complete its obligations under the Agreement and time will not be of the essence in the performance of these obligations. By entering into the Agreement the Client engages S4S as the exclusive supplier of the Services throughout the duration of the term of the Agreement in consideration of the Payment. In providing the Services, S4S shall destroy (shred) all materials supplied by the Client and transport the same to its premises or accept delivery at it’s premises and arrange for its destruction and recycling.S4S agrees to provide the Client with equipment upon written request for the storage of material pending collection. A Certificate of Destruction will be provided to the Client by S4S on completion of the shredding.
Standard of Service
S4S is a member of the UK Security Shredding Association (UKSSA) and will endeavour to adhere to all standards set out by their Code of Practice
Collection and Delivery
S4S will use all reasonable endeavours to collect the Materials for shredding from the Client if requested with the frequency as set out in the original order. The Client will be required to provide all necessary access information to S4S including access times. All collection dates given to the Client are estimates and S4S and its employees shall be under no liability whatsoever for any delay, however caused. The Client must give S4S not less than one working days prior notice of cancellation of collection. The Client must allow S4S unrestricted access to the Equipment provided at the agreed times to allow S4S to provide the service. The Materials should be positioned on a ground floor, near an exit ready for collection at the agreed time where possible. The Materials shall remain at the Clients risk until such time as they are collected and released to S4S with an approved collected ticket provided. S4S will only collect Materials that are contained in the equipment provided. Any loose Materials or excess Materials that may from time to time be collected will be charged at the applicable rate. If the Materials are not available for collection at the agreed collection date/time S4S has the right to charge the Client for any loss incurred as a result of the Client’s failure to comply with the Agreement including but not limited to the cost of diesel, consumed ,driver costs, and administration costs.
The Equipment is supplied for the collection of Materials for secure shredding only. It is the Client’s responsibility to ensure that only the correct Materials are placed in the Equipment provided. It is the Client’s responsibility to ensure the safe keeping and proper use of any Equipment provided by S4S. All Equipment supplied to the Client by S4S remains the property of S4S. The Client will be responsible for the maintenance and upkeep of the Equipment and will be responsible for any damage caused whilst on the Client’s premises. Written permission must be gained from S4S should the Equipment be moved to an alternative site. The Client will ensure that the Equipment is not overloaded at any time and that the Equipment is manoeuvrable. The Equipment must be returned to S4S in the same condition as it was provided, although reasonable wear and tear is permitted. The Client will be responsible for and accepts liability for any loss or damage to the Equipment whilst on the Client’s site and will compensate S4S in the event of loss or damage to the Equipment.
Length of Term
The length of the term of the Agreement to supply the services by S4S to the Client will be set out in writing either by letter or email following the initial order. For the ongoing supply of the services, it may be a requirement to implement a specified length of term of business, usually one year, which can be terminated by either party at the end of the agreed term by giving one full months notice. For one off collections/deliveries, written communication will show the Agreement term is of an ad hoc nature and there will be no requirements for an agreement with a specified term to be signed.
Materials for secure shredding must not contain any Contaminated Material. The client must take all reasonable steps to remove any Contaminated Materials. S4S will take all reasonable steps to remove any Contaminated Materials that it finds during destruction but the Client will indemnify S4S for all damages, costs, claims, demands and loss suffered (either directly or indirectly) whatsoever by S4S as a result of the Client supplying Contaminated Materials including, but not limited to damage caused to machinery. The Client will be liable for any costs associated with the segregation and removal and disposal of Contaminated Materials during the shredding process. S4S undertakes to dispose of the confidential/recyclable waste appropriately and provide the Client with the relevant Waste Transfer Note and Waste Carriers Licence.
Terms of Payment
The Client agrees to make payment for the Services provided at the rate outlined in the quotation provided by S4S. The Client will be liable to pay a minimum charge but this will be communicated to the client via the quotation for approval before the order is actioned. In addition, S4S shall be entitled to recover from the Client reasonable expenses for materials used and for third party goods and services supplied in connection with the provision of the Services. The Client will pay S4S for any additional services provided by S4S that are not specified in the Agreement in accordance with the then current applicable rate of S4S. All sums payable by S4S are exclusive of any value added tax or other tax. All payments required to be made pursuant to the Agreement by the Client shall be made within 30 days of the date of the invoice in sterling. The time of payment shall be of the essence. If the Client fails to make any payment on the due date then S4S may subject to any statutory provision in force from time to time, charge the client interest.
S4S reserves the right to charge the Client for all costs incurred by S4S for:
Sorting, disposal of Contaminated Materials, the collection of any excess loose Materials not originally placed on the order, the provision of any additional Equipment not originally placed on the order, additional collections, not originally placed on the order.
Health & Safety
The Client shall ensure that the Equipment is located, used and loaded properly and responsibly in accordance with the Health and Safety at Work Act l974.
Variation and Amendments
If the Client wishes to vary any details of the Agreement he must notify S4S in writing as soon as possible. S4S shall endeavour to make any required changes and any additional costs thereby incurred shall be invoiced to the Client. If, due to circumstances beyond the control of S4S it has to make any change in the arrangements relating to the provision of the Services it shall notify the Client immediately. S4S shall endeavour to keep such changes to a minimum and shall seek to offer the Client arrangements as close to the original arrangements as is reasonably possible in the circumstances.
S4S may terminate the Agreement immediately if;
The Client is in breach of any of his obligations hereunder,
The Client has entered into liquidation whether compulsory or voluntarily or compounds with his creditors generally or has an administrator, administrative receiver or receiver appointed overall or a substantial part of his undertakings or assets.
The Client has become bankrupt or shall be deemed unable to pay his debts by virtue of Section 123 of the Insolvency Act l986
The Client ceases or threatens to cease to carry on business.
Any circumstances whatsoever beyond the reasonable control of S4S arise that necessitates for whatever reason the termination of the provision of the services.
In the event of termination of the Agreement S4S shall retain any sums already paid to it by the Client for Services provided by S4S without prejudice to any other rights S4S may have whether at law or otherwise.
If S4S fails to perform the Services with reasonable care and skill it will carry out remedial action at no extra cost to the Client. The Client shall indemnify S4S against all damages costs claims and expenses suffered by S4S arising from loss or damage to any Equipment (including that of third parties) caused by the Client or his agents or employers.
Neither the Client nor S4S shall be liable for any failure nor delay in performing their obligations under the Agreement 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 power failure, internet service provider failure, 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.
No waiver by S4S of any breach of the Agreement by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of the Agreement shall be effective only if given in writing and signed by the waiving party and then only in the instance and for the purpose for which the waiver is given.
No failure or delay on the part of any party in exercising any right, power or privilege under the Agreement shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercises of any other right, power or privilege
The parties agree that in the event that one or more of the provisions of these terms and conditions are found to be unlawful, invalid or otherwise unenforceable that those provisions shall be deemed severed from the remainder of these Terms and Conditions (and the Agreement, as appropriate). The remainder of these Terms and Conditions shall be valid and enforceable.
Law & Jurisdiction
These terms and conditions and the agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by and construed in accordance with the laws of England and Wales
If any dispute difference or question arise relating to these terms and conditions or the Agreement then every such dispute difference or question shall be referred to a sole arbitrator pursuant to the Arbitration Act l996 or any statutory modification or re-enactment thereof for the time being in force