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1 |
1
Definitions |
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1.1 |
"the
Company": Michael Forrester trading as "Michael Forrester
Business Services" who is a party to this agreement |
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1.2 |
"the
Customer": the subscriber to the services offered by the Company
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2 |
2
Company's Obligations |
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2.1 |
subject
to payment by the Customer of the appropriate fee(s) to: |
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2.1.1 |
receive
letters addressed to the Customer and to arrange for their collection
by or onward transmission to the Customer |
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2.1.2 |
take telephone
messages for the Customer and to advise the Customer of them |
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2.1.3 |
receive
and transmit FAX messages for the Customer |
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2.2 |
unless
otherwise specified by the Customer the method of communicating with
the Customer shall be at the Company's discretion |
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2.3 |
unless
previously agreed in writing the Company shall be entitled to refuse
to accept delivery of any item other than letters addressed to the
Customer. In any event the Company shall not incur any liability to
anyone in respect of such an item, and shall be entitled to dispose
of such items if they are not removed from the Company's premises
within one month of the Customer being given notice to that effect.
The Company shall be entitled to charge the Customer the sum of £1
plus VAT per day per item whilst any such item is on the Company's
premises |
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3 |
3
Customer's Obligations |
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3.1 |
the Customer
shall not: |
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3.1.1 |
carry
on any business which is illegal defamatory immoral obscene or otherwise
undesirable |
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3.1.2 |
use the
Company's facilities for any such purposes |
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3.1.3 |
advertise
the telephone or FAX number of the Company without the Company's consent |
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3.2 |
the Customer
shall not send or deliver or cause to be sent or delivered to the
Company's premises any noxious harmful illegal immoral deteriorating
or dangerous material object or thing |
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3.3 |
the Customer
will indemnify the Company against any expenses costs claims damages
or penalties incurred by the Company in connection with this agreement
howsoever arising |
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4 |
Provision
of Services |
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4.1 |
the Company
shall not be required to provide any services to anybody except the
Customer |
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5 |
Payment |
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5.1 |
the Customer
shall pay any invoice rendered by the Company within 14 days and the
Company shall be entitled to retain any property belonging to the
Customer pending settlement of any outstanding invoice |
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5.2 |
in the
event of late payment the Company shall be entitled to charge simple
interest at the rate of 4% above the base rate (or equivalent) of
Barclays Bank plc |
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6 |
Termination |
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6.1 |
the Customer
may terminate this agreement by giving not less than one month's notice
prior to its expiry failing which the agreement shall be automatically
renewed |
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6.2 |
the Company
may terminate this agreement forthwith at any time without giving
explanation or compensation to the Customer |
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7 |
Exclusive
of Liability |
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7.1 |
Save as
specifically provided herein the Company's obligations and liabilities
to the Customer are hereby excluded to the extent permitted by Law |
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8 |
Assignment |
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8.1 |
Neither
of the parties shall assign or transfer, or purport to assign or transfer,
any of his or her rights or obligations under this agreement without
the other party's prior written consent |
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9 |
Waiver, forbearance and variation |
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9.1 |
The rights
which each of the parties has under this agreement shall not be prejudiced
or restricted by any indulgence or forbearance extended to the other
party. No waiver by either party in respect of a breach shall operate
as a waiver in respect of any subsequent breach |
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9.2 |
This agreement
shall not be varied unless the variation is expressly agreed in writing
by both parties |
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10 |
Governing
law |
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10.1 |
The construction,
validity and performance of this agreement shall be governed in all
respects by English law |
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10.2 |
The High
Court of England has jurisdiction to settle any dispute which may
arise between the parties in respect of the construction, validity
or performance of this agreement or as to the rights and liabilities
of the parties. In the event of any action in respect of this agreement
being begun, the process by which it is begun may be served on the
parties in accordance with clause13 |
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11 |
Severability |
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11.1 |
If any
of the provisions of this agreement is found by a court or other competent
authority to be void or unenforceable, it shall be deemed to be deleted
from this agreement and the remaining provisions shall continue to
apply. The parties shall negotiate in good faith in order to agree
the terms of a mutually satisfactory provision to be substituted for
the provision found to be void or unenforceable |
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12 |
General
matters |
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12.1 |
This agreement
supersedes any previous agreement between the parties in relation
to the matters with which it deals and represents the entire understanding
between the parties in relation to those matters |
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12.2 |
Words denoting
the singular number only include the plural and vice versa |
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12.3 |
The headings
in this agreement are inserted for convenience only and do not affect
its construction |
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13 |
Notices |
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13.1 |
Any notice
to be given under this agreement shall be either delivered personally
or sent by first class recorded delivery post (airmail if overseas).
The address for service of each party is that party's address stated
above or any other address for service previously notified to the
other party's. A notice is deemed to have been served as follows: |
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13.1.1 |
if personally
delivered, at the time of delivery |
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13.1.2 |
if posted,
at the expiration of 48 hours or (in the case of airmail) 7 days after
the envelope containing it is delivered into the custody of the postal
authorities |
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In proving
service it is sufficient to prove that personal delivery was made,
or that the envelope containing the notice was properly addressed
and delivered into the custody office of the postal authority as a
prepaid first class recorded delivery or airmail letter (as appropriate) |
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8a Kings
Parade
Cambridge
England
CB2 1SJ
April 2002
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