Introduction

• These Terms and Conditions apply in respect of each and every set of instructions received by Kingston Collections (the Agency) from their client (the client) in respect of every collection of a debt from a particular third party (the debtor) under the Debt Control Recovery Service.
• The Client will remain bound by these Terms and Conditions throughout the entirety of its relationship with the Agency.
• The purpose of this document is to set out the basis for which we are engaged.
• Conditions' means the terms and conditions set out in this document and any other special terms and conditions agreed in writing by the Client and Kingston Collections.
• The Client undertakes to use any report or item of information supplied by Kingston Collections or its agents, associates or Contributors only to assist in making a business decision and not as the sole basis for any such decisions. The reports and business information made available to the Client under this Contract is the copyright property of Kingston Collections  and its Contributors. Except as expressly set out in this Contract, all rights are reserved and the Client shall not sell, rent out, disclose or sub-licence any part of such information without the written consent of Kingston Collections.

Liability

• Reports and information provided to the Client may in whole or part represent be compiled from or contain expressions of advice or opinion based on data supplied by other Agencies, the accuracy or completeness of which Kingston Collections is unable to verify. Whilst Kingston Collections will use it’s reasonable endeavours to ensure that such reports and/or information is accurate and complete Kingston Collections do not warrant or guarantee the accuracy or completeness of reports and/or information provided to the Client or the validity of any advice or opinion contained therein and will accept no liability for any errors therein or omissions there from.
• All times and dates quoted for delivery of any report and/or information are estimates only and Kingston Collections will not be liable for any loss or damage arising from the delay or failure of themselves or their officers employees or agents in procuring presenting communicating or otherwise providing the reports and/or information.
• Kingston Collections will not be liable for any loss or damage whatsoever as a result of the Client's use of the reports and/or information, its reliance on any advice or opinions expressed therein including any loss suffered by the Client as a result of any claim by the subject of any such report and/or information arising from the provision curtailment or refusal of credit to its customers or other third parties or for any reason howsoever arising.
• Kingston Collections has no knowledge of the financial means assets liabilities legal status or existence of any Debtor and the Client warrants that all information in connection with its Debtors is to the best of its knowledge true, and that all such information originates from the Client or its agents or associates, and that no such information originates from Kingston Collections. Any loss to the Client from any action it chooses to take against any Debtor, howsoever arising, shall not be recoverable from Kingston Collections.
• Kingston Collections reserve the right, for the reasonable protection of its business interests, to bar or prohibit action against any particular Debtor, and shall not be required to disclose details of such Debtors to any other party or give any reason or explanation for such bar or prohibition. Kingston Collections shall not be liable for any loss or alleged loss arising.
• Kingston Collections shall use its best endeavours to ensure that the Client has uninterrupted access to the Kingston Collections website, but the availability of the website may be subject to technical interruption.
• Kingston Collections shall not be liable for any losses arising from interruptions to service, whether the interruption is due to general problems of web traffic or local factors affecting the Kingston Collections website or otherwise or for any other reason.

Indemnity

• The Client shall indemnify Kingston Collections its officers employees agents or associates in respect of any loss or damage whatsoever (including costs and any necessary payments made in order to settle or compromise any claim) which it or they may suffer or incur directly or indirectly from any breach of these Conditions by the Client or by the Client's employees or agents or by any other party acting through or with the Client.

Clients Liabilities

• The Client warrants that all debts referred to Kingston Collections for Credit Control Outsourcing services are true and valid.
• Kingston Collections may require additional information from the Client to enable Kingston Collections to collect the outstanding debt. Any request for additional information by Kingston Collections to the Client should be produced as soon as possible. In the event that the Client has failed to provide such additional information after the expiry of 10 days, Kingston Collections reserves the right to re-assign the age of the debt and adjust the Days Outstanding accordingly (DSO).
• The Co-operation of the Client to resolve queries is paramount.
Where the Client receives any payments directly, credit or the return of the goods, which necessitate the collection of, or the reduction in the value of, an account already placed for collection by Kingston Collections to be stopped, full details must be notified immediately by the Client to Debt Control.

Information and Confidentiality

• All information provided by Kingston Collections under these Conditions shall be treated in confidence by the Client and shall not otherwise than pursuant to a statutory duty or court order be communicated, copied or otherwise divulged to any other person or party whatsoever.
• The Client undertakes to use any report or item of information supplied by Kingston Collections or its agents, associates or Contributors only to assist in making a business decision and not as the sole basis for any such decisions. The reports and business information made available to the Client under this Contract is the copyright property of Kingston Collections and its Contributors. Except as expressly set out in this Contract, all rights are reserved and the Client shall not sell, rent out, disclose or sub-licence any part of such information without the written consent of Kingston Collections.

Additional Services

• Kingston Collections will, on application, provide Clients with other credit management services, tailored to the Client's specific requirements and for which a separate and or additional agreement or charges will be reached if requested by the Client.
• Such services may involve reviewing Credit Control policies and procedures, account opening, door to door collections, legal services or general consultancy and for which the Client will be liable for all incumbent overheads, disbursements and charges whatsoever incurred by Kingston Collections or its agents at the prescribed rates notified or agreed separately with the Client.

Force Majeure

• Kingston Collections shall not be liable for any default due to any act of God, war, strike, lock-out, industrial action, fire, flood, drought, tempest or other event beyond its reasonable control.

Data Protection

• All requests received under Section 158 of the Consumer Credit Act 1974 or, where appropriate Section 21 of the Data Protection Act 1984 shall be referred to Kingston Collections. Nothing in these Conditions shall prevent or hinder either Kingston Collections or the Client from complying with their respective obligations as to disclosure or otherwise in connection with the aforementioned Acts.

Waiver

• No waiver or forbearance by Kingston Collections (whether express or implied) in enforcing any of its rights under these Conditions shall prejudice its rights to do so in the future.

Headings

• All headings are for ease of reference only and shall not effect the construction of these Conditions.

Complaints

• We aim to provide a Professional service. However, if at any time you would like to discuss with us how our service to you could be improved or if you are dissatisfied with the service you are receiving, please let us know by telephoning Kingston Collections.  We undertake to investigate any complaint thoroughly and will communicate our findings quickly and effectively. If we have given you a less than satisfactory service we undertake to do everything reasonable to put it right.

Agreement of Terms

• Once it has been agreed, this letter will remain effective from one appointment to another, until it is replaced.  We shall be grateful if you would confirm in writing your agreement to these terms by signing and returning the enclosed copy of this letter, or let us know if they are not in accordance with your understanding of our terms of engagement.