Avonmere Terms & Conditions
This Service Agreement (the "Agreement") is made by and between Avonmere Commercial, a Copybook Solutions wholly owned subsidiary and you, as an Affiliate user of the Avonmere Commercial service ("You", "Your")
To be an authorised user of Avonmere Commercial, You agree to abide by the terms and conditions contained in this Agreement. Please read this Agreement carefully before registering and using the Avonmere Commercial Service. By signing up for Avonmere Commercial, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use the Avonmere Commercial Service.
PRIVACY POLICY
Avonmere Commercial respects the privacy of its users and promises not to disclose personal or business information to third parties without the express permission of You and Your company. We will not sell Your name, e-mail address, phone number, or any other personal information to anyone else. We consider this information to be private, and it will remain as such. If You have any questions about Your privacy rights, contact us at info@avonmere.com
The following agreement is summarized as follows:
• We may email you concerning new offers
• We might change the service now and then
• Your physical address listed for receiving cheques MUST be your actual address. Mail forwarding services, for the purpose of avoiding network demographics, is NOT allowed. For example, if you choose USA as your country, you must be in the USA. If you choose Russia as a country, you must be in Russia.
• You won't hold us liable for anything, a link to a non-Avonmere Commercial Web site does not mean that Avonmere Commercial endorses or accepts any responsibility for the content or the use of such Web site.
• You may place banners or links within your newsletters, in content of your website, or within other web related content.
• Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to submit fictitious debts. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION.
General
The terms of our contractual agreement are described here in their entirety. All details of this agreement are listed below and no employee of Avonmere Commercial Collection Agency (hereafter referred to as ACCA) has made any promise or commitment to you that does not appear here. When you tick the 'I agree' button at the bottom of this page you agree to all the conditions listed here. This site is intended to be operational 24 hours per day, 7 days a week, 365 days a year with the exception of any emergencies, maintenance, updates, or unexpected situations that may arise.
Contract
You, the client are deemed to enter into an irrevocable contract with ACCA to chase any debts that you submit via our website once you have entered them through our update system as an active account. Both parties agree that the terms and conditions described here are binding and neither ACCA's personnel nor its agents or you, the client or your agents can change or vary these terms. Printed terms and conditions in any additional documents issued by you the client or your agents will not be recognised as binding.
Liability
ACCA does not accept any liability for any damages (including, without limitation, damages for any consequential loss or loss of business opportunities or projects, or loss of profits) howsoever arising and whether in contract, tort or otherwise from the use of or inability to use the website, or any of its contents, or from any action or omission taken as a result of using our debt collection process.
Courts
This agreement is governed by and will be construed in accordance with English law and each party irrevocably agrees that the courts of England will have the non-exclusive jurisdiction to deal with any disputes arising out of or in connection with this agreement. ACCA has discretion to waive this right and issue proceedings at the courts where the client is located. No variation in these terms shall apply unless a Director of ACCA confirms such variations in writing.
Our Process
You agree that we will send out the following letters on your behalf in every 10 days unless you have specified a specific timeframe you would like us to work to. The time between letters can be 7, 10, 14 or 20 days.
Letter 1 is sent out on your specified start date introducing ACCA to the customer. We inform them that we have been instructed to act on behalf of our client to assist in settlement of the outstanding debt and that payment is required in full immediately.
Letter 2 is sent informing the customer that failure to pay immediately could affect their credit rating in the future and states they could run the risk of legal action.
Letter 3 is sent out from our Legal Division in a 'Letter Before Action' format. The customer is advised of the seriousness of the situation and the consequences arising from non-payment. The letter also advises that ACCA will recommend legal action in order to recover the debt.
Letter 4 is the final letter sent. Letter 4 is also sent in the 'Letter Before Action format'. This advises of a 'NOTICE OF INTENTION TO INSTRUCT SOLICITORS'. This is the last letter we send on your behalf. Once this letter has been sent, our work regarding this particular debt has come to an end.
Information Submission
You, the client, are responsible for providing true and accurate information relating to your credit control and outstanding debts. You take full responsibility for all the information you submit. ACCA will not be held responsible for information submitted incorrectly. All debts must be owed to you and not a third party. You agree that you are forbidden to submit debts for a third party.
Payments Received / Agreements
You agree to instruct us when you receive payment at anytime on the accounts that you pass to us. If you do not inform us that you have received payment ACCA will continue to pursue the debt until our process comes to an end. You agree to instruct us if you come to an amicable agreement with any debtor that you have submitted to ACCA.
Client Confidentiality
ACCA will not use your details for any other purpose other than described here. Your email address, company details and personal information will not be passed on to third parties but may be used by ACCA in order to inform you of site promotions
Should you submit bank details, ACCA will only use them to inform your customers how to pay you. They will be used for no other purpose.
Payment to us
When paying for collections via credit card, ACCA will only charge you for the number of accounts you choose. If you do not use all the credits, they will be held in your account until you should wish to use them. ACCA will not refund for any payments received unless they are covered by our guarantee.
Cancellation
You may cancel an order before the start date is reached. If an order is cancelled you will be able to use the credit for a future purchase. Our terms and conditions do not affect your statutory rights.
Refund Policy
We want you to be happy with our service. We offer each client a unique Money Back Guarantee when we do not recover enough money to cover his or her costs with us. This allows complete peace of mind and gives customers confidence in our service. Please check the website for full information regarding the guarantee.
SERVICE AND SUPPORT
Avonmere Commercial will provide support for the Service as indicated on the Avonmere Commercial Web site. Our service will commence immediately on the date you specify. We aim to begin our service on the specified date however, should we experience an unforeseen problem we will contact you to inform you.
EMAIL CONTACT
Avonmere Commercial reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any Avonmere Commercial related products and services.
CHANGES TO THE SERVICE
Avonmere Commercial reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. In the event of any material change, Avonmere Commercial will notify You via e-mail, newsletter or the Avonmere Commercial Web site at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Service.
REGISTRATION
To sign up to Avonmere Commercial and to use the Service as an Partner you must be at least 18 (eighteen) years of age.
THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN Avonmere Commercial: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES. As part of the registration process, You will select a username and password combination that You use to access Your member account within the Service. You shall provide Avonmere Commercial with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity. You agree that Avonmere Commercial may rely on any data, notice, instruction or request furnished to Avonmere Commercial by You which is reasonably believed by Avonmere Commercial to be genuine and to have been sent or presented by a person reasonably believed by Avonmere Commercial to be authorized to act on Your behalf. You shall notify Avonmere Commercial by e-mail at Avonmere Commercial@Avonmere Commercial of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Avonmere Commercial and referral to the appropriate law enforcement agencies.
ACCEPTED USE
You represent to Avonmere Commercial that all content You provide to the Service is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an member of the Service any content, or Web site that includes content, which is libelous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As Avonmere Commercial may not review all information provided by You, You shall remain solely responsible for Your content and LIMITED WARRANTY
The Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AVONMERE COMMERCIAL DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, AVONMERE COMMERCIAL SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Avonmere Commercial will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. You understand and acknowledge that it is normal to have a certain amount of system downtime and further agrees not to hold Avonmere Commercial liable for any of the consequences of such interruptions.
LIMITATION OF LIABILITY
AVONMERE COMMERCIAL OR ITS SUPPLIERS OR RESELLERS OR MERCHANTS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE AVONMERE COMMERCIAL SERVICE OR ANY INFORMATION PROVIDED ON THE AVONMERE COMMERCIAL WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF AVONMERE COMMERCIAL OR A AVONMERE COMMERCIAL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, AVONMERE COMMERCIAL'S LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree that Avonmere Commercial, although the provider of the Service, has no responsibility or liability as a result of Your placement of debts added to the system, and You, jointly and severally agree to indemnify, defend, and hold harmless Avonmere Commercial and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
Avonmere Commercial agrees to indemnify, defend, and hold harmless Affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to Avonmere Commercial's negligence or willful misconduct in performance of the Services or its breach of this Agreement.
NON-DISCLOSURE
Avonmere Commercial acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") of You and/or Your company. Avonmere Commercial agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term "Confidential Information" shall not include information that is or becomes part of the public domain through no action or omission of Avonmere Commercial, that becomes available to Avonmere Commercial from third parties without knowledge by Avonmere Commercial of any breach of fiduciary duty, or that Avonmere Commercial had in its possession prior to the date of this Agreement. Avonmere Commercial does not collect information about a Merchant?s customer transactions, other than what is passed to us through the installed tracking code and displayed on Your own transaction reports. Any information we receive is used solely for tracking and Commission payment purposes. Avonmere Commercial reserves the right to be able to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as Avonmere Commercial deems appropriate.
OWNERSHIP AND LICENSES
You, the member, are granted a non-exclusive, limited, revocable right to use Avonmere Commercial?s provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of the Avonmere Commercial, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain the Avonmere Commercial?s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.
Avonmere Commercial may immediately terminate Your license to use the marks if the Merchant reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by the Merchant above. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge the Merchant?s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of the Merchant.
REPRESENTATIONS
Avonmere Commercial makes no representations whatsoever about any other Web site which You may access through the Service. In addition, a link to a non-Avonmere Commercial Web site does not mean that Avonmere Commercial endorses or accepts any responsibility for the content or the use of such Web site.
NONASSIGNABILITY
Affiliate or Avonmere Commercial may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.
FORCE MAJEURE
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
JURISDICTIONAL ISSUES
This Agreement shall be governed by the laws, and Law Courts of England. The exclusive forum for any actions brought in connection with this Agreement shall be in the courts of England and You consent to such jurisdiction.
MISCELLANEOUS
This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.