CASHBACS - network image





CASHBACS Software - Terms of Use



Definitions and Interpretations
‘The Customer’-  The Company registered with Cashbacs for the Cashbacs Software

‘Cashbacs’- Cashbacs International Ltd of 12 Linden Square, Harefield, Middlesex, UB9 6TQ

‘Cashbacs software’ - A Program issued by Cashbacs for the use of making BACS Submissions via Email, direct dial via modem, FTP, or the Internet.

‘BACS’ - Bankers Automated Clearing Services

‘Working Day’ -    Any Day from Monday to Friday inclusive of when clearing banks are open for business in the city of London.

Operation of the Cashbacs Software constitutes acceptance of these terms and conditions.
 
2. The Customer authorises Cashbacs to make submissions to BACS on the Customer's behalf. Cashbacs will only accept instructions submitted using the authorised software. No instructions will be accepted in any other format unless agreed in writing.
 
3. The Customer is responsible at all times for the safe keeping of the Personal Identity Number (PIN). The Customer must contact Cashbacs immediately if there is any breach of security, which may result in unauthorised submissions being submitted to Cashbacs.
 
4. Cashbacs will keep confidential all banking related information it receives from the Customer under this Agreement except where the disclosure of such information is essential to the operation of the Cashbacs Software.

5. This agreement shall last for one year and thereafter from year to year, subject to the payment of the support fee. This agreement may be terminated at any time, by either party giving one months notice in writing.
 
6. The Cashbacs software will operate between 8.30am and 7.00pm on all English banking days.
 
7. Submissions made by email. Within thirty minutes of receiving the email, Cashbacs will transmit a Bureau Submission report to the registered email address. In the event that the Customer, for whatever reason, does not wish to proceed with the submission a copy of the Submission Report must be faxed to Cashbacs on 01895 474205 (or any other number as advised by Cashbacs) together with a written and signed instruction not to proceed with the submission. Cashbacs must receive this instruction as soon as the error has been recognised, however this must be on the same day as the instructions were originally sent to Cashbacs for the file to be withdrawn, prior to the file being submitted to BACS.

8. Submissions Made By FTP, Direct Dial or Internet. While online to Cashbacs, a Bureau Submission report will be sent to the customer. In the event that the Customer, for whatever reason, does not wish to proceed with the submission a copy of the Submission Report must be faxed to Cashbacs on 01895 474205 (or any other number as advised by Cashbacs) together with a written and signed instruction not to proceed with the submission. Cashbacs must receive this instruction as soon as the error has been recognised, however this must be on the same day as the instructions were originally sent to Cashbacs for the file to be withdrawn, prior to the file being submitted to BACS.

9. Charges:
a)An Annual Fee is payable with order and annually thereafter. Second and subsequent Annual Fees will be invoiced on the first working day of the month in which the anniversary falls and collected by direct debit. The agreement will be deemed to have been terminated if the Customer does not pay the Annual Fee.

b)A transaction charge is applicable per item subject to a minimum monthly fee of five pounds as per the first schedule.

c)Transaction charges will be collected monthly in arrears by Direct Debit. Cashbacs will accept no other form of payment unless otherwise agreed in writing and an administration charge maybe levied. The Cashbacs software will not be made available to any Customer until the Direct Debit Mandate form has been duly completed and received by Cashbacs.

d)All Invoices are subject to strict thirty day payment.

e)Cashbacs reserve the right to adjust or increase prices from time to time and at any time stipulate upon giving the Customer one months notice in writing.

f)All charges are subject to VAT.

10. In the event that any payment due under this Agreement is outstanding for more than fourteen days or if the Customer shall otherwise be in breach of this Agreement Cashbacs may in addition to any other remedies that may be open to them:

a)Refuse to accept any BACS submissions howsoever submitted or
b)Take such steps as may be appropriate to deprive the Customer access to until such time as payment is made or any default remedied as the case may be (subject to the Customer paying any administration charge for reconnection) or
c)Appropriate any payment that is tendered for by the Customer for any sum owing under this Contract towards any other sum that is owing including any interest that is owing under this Agreement.
    
11. The terms of this Agreement are to govern any contract between Cashbacs and the Customer and shall prevail over any terms put forward by the Customer unless Cashbacs expressly agrees to them in writing.  No other conduct by Cashbacs shall be deemed to constitute acceptance of any terms put forward by the Customer.

12. If any term of this contract shall be found by a Court of Law to be invalid because it is unreasonable or excessive in its scope that shall not invalidate any other term of this Agreement or in the case of a term that is excessive in its scope or unreasonable in part then such term shall be deemed to take effect to such an extent that would not be excessive or unreasonable.

13. To ensure continuation of service during any period of disruption to the bureau operations, the Cashbacs standby site will be employed. During operation of the standby site a reduction in service levels maybe experienced.
 
14. Cashbacs shall not be liable for any failure to supply services or computer bureau facilities under this Agreement if prevented from doing so by force majeure, strikes, industrial action, civil disturbance or other circumstances beyond its control.
 
15. Unless specifically stated by The Customer, Cashbacs shall have the right to use The Customer's company name in promotional literature without further reference to The Customer.
 
16. Cashbacs shall not be liable for consequential or economic loss suffered by the Customer as a result of any failure of Cashbacs software or communications systems.
 
17. The Customer shall not without the consent of Cashbacs assign the benefit of this Agreement or any part thereof
 
18. This Agreement shall be interpreted and enforced in accordance with English Law.

D