Cash Services Online Agreement

Cash Online (01.15)

This document (together with our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy (the Policies)) tells you information about us and the legal terms and conditions on which we sell any of the Services through our website (our site) to you. Your agreement to these terms and conditions is part of the process of placing an order (Order). These terms and conditions govern the overall relationship between you and us in relation to the Services we provide.


These terms and conditions which make up this Cash Services Online Agreement (the Agreement) will apply to any contract between us for the sale of Services to you each time you place an Order. Please read this Agreement carefully and make sure that you understand it before ordering any Services from our site. Please note that by ordering any of our Services, you agree to be bound by this Agreement and the other documents expressly referred to in it.


Please click on the button marked "I accept the Cash Services Online Agreement" on the Order confirmation page if you accept them. If you refuse to accept this Agreement, you will not be able to order Services from our site. You should print a copy of this Agreement or save it to your computer for future reference.


We may amend this Agreement from time to time as set out in clause 6 below. This Agreement was most recently updated on 1st January 2015.


1. INFORMATION ABOUT US
1.1 We operate the website www.g4scashcollections.com. We are G4S Cash Solutions (UK) Limited, a company registered in England and Wales under company number 354883 and with our registered office at Sutton Park House, 15 Carshalton Road, Sutton, Surrey, SM1 4LD. Our VAT number is GB 238560256. You are the business entity set out in the Order.
1.2 To contact us, please see the Support section on our site.


2. DURATION AND OUR SERVICES
2.1 This Agreement will have effect from the moment the Order you have placed is accepted by us until the Services are completed.
2.2 The Services are not available to you if you are an existing customer with a contract with us for such Services which have not been purchased through our site. If you are such an existing customer, we would be pleased to discuss your requirements with you and would ask that you contact your Account Manager.
2.3 We agree to provide and carry out the Services on the terms and conditions set out in this Agreement. The Services shall consist of; (1) the collection of Containers of Cash and Cheques from you for forward transmission to your nominated bank branch, bank cash centre or cheque processing centre (Collection Service) and also may consist of; (2) the counting and recording of the value of the Cash and the passing of a credit advice to your bank to allow them to credit your bank account (Processing Service). The exact details of the Services shall be as set out in the Order.
2.4 A Collection Service shall be performed on Working Day 1 (the Service Date in the calendar that you have selected as a part of the Order) and shall be delivered on Working Day 2. If any Processing Service is to be provided, then this Service shall be provided (and the credit advice sent to your bank) at the end of Working Day 3.
2.5 The detection of counterfeit notes does not form part of our Processing Service. However, in the event that we find a counterfeit note in the Cash being processed we will reduce the total to be credited to you by the amount of that note and return the note to the Bank of England as required by law. If a note is subsequently found by a bank cash centre and returned to us, you agree to reimburse us for the value of that note.


3. USE OF OUR SITE
Your use of our site is governed by the Policies. Please take the time to read these, as they include important terms which apply to you.


4. HOW WE USE YOUR PERSONAL INFORMATION
We only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.


5. GENERAL
5.1 You confirm that you have authority to bind any business entity on whose behalf you use our site to purchase the Services.
5.2 This Agreement and the Policies constitutes the entire agreement between you and us in relation the Services purchased through our site and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter.
5.3 You acknowledge that in entering into this Agreement you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement or our Policies.
5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.


6. HOW THE CONTRACT MAY BE AMENDED
6.1 We may amend this Agreement from time to time and every time you wish to order Services, please check this Agreement to ensure you understand the terms and conditions which will apply at that time.
6.2 If you and we have formed a contract through our site, we may amend this Agreement from time to time by giving you 14 days notice in writing. Within 14 days of us serving such notice, you may give us notice in writing to terminate this Agreement so that it terminates no later than 14 days following your notice. During the period of your notice of termination the proposed variation of the Agreement shall not apply.


7. DEFINITIONS
7.1 In this Agreement, the following expressions shall have the following meanings:

  • Cash - any sterling notes and coins in respect of which you may ask us to perform any of the Services.
  • Charges – the Charges for a Collection Service and a Processing Service as set out in the Order.
  • Cheques – any negotiable instruments in the form of cheques in respect of which you may ask us to perform any of the Services.
  • Collection Point - the address from which any Cash or Cheques are to be taken into our custody as set out in the Order.
  • Container – any bag, box or other portable container into which any Cash or Cheques may be placed.
  • Delivery Point – the address to which any Cash or Cheques are to be delivered by us as set out in the Order.
  • Risk Assessment Questionnaire - the questionnaire that you complete in relation to the security of your premises when registering on our site.
  • Services – Collection Services and Processing Services.
  • Service Date – the scheduled day of service for a Collection Service.
  • Uninsured Risks – (a) War, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority; (b) Ionising radiation from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel; (c) Radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof; (d) Any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter; (e) Radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter unless it is a radioactive isotope, other than nuclear fuel, being prepared, carried, stored or used for commercial, agricultural, medical, scientific or other similar peaceful purposes; (f) Chemical, biological, bio-chemical or electromagnetic weapons used in connection with an act of terrorism; (g) Breakage of statuary, marbles, glassware, bric-a-brac, porcelains and similar fragile articles, unless caused by fire, lightning, theft and/or attempted theft.
  • Working Day - means meaning Monday to Friday, but excluding any bank or public holidays. "Working Day 1" shall mean the Service Date and "Working Day 2" shall mean the Working Day following the Service Date as the case may be and "Working Day 3" shall mean the second Working Day following the Service Date as the case may be.

8. MATTERS AFFECTING OUR OBLIGATION TO PERFORM THE SERVICES
8.1 You undertake that;
(a) the information that you have provided in the Risk Assessment Questionnaire is complete and accurate in all aspects at the time it was made;
(b) we shall be able to access your premises during the period of time (that the Collection Service is available to you) set out in the calendar on our site;
(c) we shall be able to park and park legally within 100 metres of your premises;
(d) you will be ready to begin a transaction immediately when our representative arrives at the Collection Point provided it is during the period of time we have agreed.
8.2 In the event that;
(a) we discover that the information is not complete and accurate or the security of your premises is not as set out in in the Risk Assessment Questionnaire and, in our reasonable opinion, this would compromise the health and safety of our employees or the security of the Cash; or
(b) any of the undertakings in clauses 8.1(b) to 8.1(d) are not satisfied;
then;
(i) either we will not be obliged to commence a Service; or
(ii) if we have commenced a Service, then we will not be obliged to complete that Service and we reserve the right to charge you for that attempted and incomplete Service (Attempted Service).
8.3 We will not be obliged to perform any Services if it would be unlawful to do so or if to do so would be likely to involve us in a conflict with a third party.
8.4 We will not be obliged to begin, carry out or complete any of the Services where we are prevented from, or hindered in, doing so by any cause whatsoever beyond our reasonable control.


9. ORDER PROCESS AND HOW THE CONTRACT IS FORMED BETWEEN US
9.1 Our Order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at each page of the order process.
9.2 After you place an Order, you will receive an e-mail from us that confirms our acceptance that the Services have been ordered (Order Confirmation). The contract between us will only be formed when we send you the Order Confirmation.


10. CANCELLATION, CHARGES FOR A CANCELLATION OR FOR AN ATTEMPTED SERVICE
10.1 In the event that you cancel a Collection Service (and you have paid in advance for that Service), you will receive a full refund of the price you paid subject to the relevant Cancellation Charge. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation.
10.2 Further to clause 10.1 above, the following cancellation charges (each one a Cancellation Charge) shall apply;
(a) 100% of the relevant Collection Charge where you cancel a Collection Service after 12.00 one day before the Service Date or on the Service Date itself;
(b) 50% of the relevant Collection Charge where you cancel a Service after 12.00 two days prior to the Service Date (but before the time set out in (a) above);
(c) a sum of £1.00 where you cancel a Service up to 28 days before the Service Date (but before the time set out in (b) above).
10.3 In the event of an Attempted Service, we shall charge 100% of the relevant Collection Charge (an Attempted Service Charge).
10.4 We reserve the right to cancel Services due to events by any cause whatsoever beyond our control from time to time and will use reasonable endeavours to provide 28 days' notice where it is possible for us to do so. In these circumstances, we will provide a full refund for any cancelled Services.
10.5 If we notify you of a change to your Charges in accordance with clause 11.2, you may cancel any or all future Services to which the new Charges apply without incurring a Cancellation Fee, by contacting our Customer Service Centre.
10.6 For Services that have been paid for in advance, we will reimburse you for any refunds on the credit or debit card or to the bank account (if you are on the direct debit scheme) used by you to pay for that Order.


11. CHARGES AND PAYMENT
11.1 The Charges for the Services shall be as set out in the Order.
11.2 We reserve the right to change the Charges from time to time. In this instance will provide you with 28 days' notice of any changes in writing.
11.3 You can pay for the Services either at the time of making the Order using a debit or credit card or by direct debit on a monthly basis.
11.4 The direct debit option will only be available where it has been set up in advance through our site. The option of paying by direct debit is only available to those business entities that pass an automated credit check.
11.5 For the purpose of direct debit payments, invoicing periods will correspond to each calendar month. Direct debit payments will be taken on the date set out in your direct debit instruction, for all Services successfully performed in the previous invoicing period.
11.6 We may charge interest (both before and after judgement) at 3% per annum above the base lending rate of Barclays Bank plc as shall be in force from time to time on charges which are not paid by the date when they become due.
11.7 We are entitled to suspend the provision of the Services and cancel any future Services booked on our site whilst any Charges which are due to us under this Agreement remain unpaid.
11.8 The Charges, Cancellation Charges and Attempted Service Charges referred to on our site do not include Value Added Tax which will be charged in addition at the appropriate rate at the time the Order is made.


12. INTELLECTUAL PROPERTY RIGHTS
12.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by Us.


13. INDEMNITY FROM THE COMPANY
13.1 Subject to the provisions of clauses 14 and 15 and (in relation to clause 13.1(a) only) your observance of your obligations in clause 16 of this Agreement, we will indemnify you;
(a) against all losses of or damage to Cash in our custody;
(b) against death or personal injury caused by our negligence, without limit;
(c) against direct loss of or damage to physical property other than Cash, caused by our negligence, without limit; and
(d) against any other loss or damage, direct or indirect, caused by any default by us in the performance of the Services or otherwise relating to or arising out of this Agreement providing our liability under this clause 13.1(d) is limited in all circumstances to a maximum of 20 times our "per service" charge for the relevant Service or £1,000, whichever is less, in respect of all such defaults occurring on, or related to Services which were or should have been carried out on any one calendar day.
13.2 The indemnities in clause 13.1 are the totality of our liability to you and you will have no other claim against us of any kind, whether in contract or tort, whether for negligence or otherwise. Nothing in this Agreement shall be taken as in any way reducing or affecting the general duty at law to mitigate loss.
13.3 For the purposes of this Agreement, Cash will only be "in our custody" from the moment when our representative takes physical possession at the Collection Point and begins to transport such Cash to our vehicle until the moment; (a) in respect of a Collection Service when they are physically handed over or tendered to your representative at the Delivery Point; or (b) in respect of a Processing Service when a credit value for the Cash is communicated to your nominated bank, PROVIDED ALWAYS THAT: (i) in the case of any consignment of Cash which consists of several items or Containers, the indemnity in clause 13.1(a) will only apply to each item or to the Cash in each Container when that item or Container is "in our custody" as defined in this Agreement; and (ii) no Cash or Container will be "in our custody" merely because our representative inspects, handles or deals with them in any other way before actually beginning to transport them to our vehicle or after he has handed them over or tendered them to your representative.
13.4 We shall have no liability to you for any loss of or damage to Cheques regardless of the cause or circumstances of such loss or damage (including, for the avoidance of doubt, loss or damage caused or contributed to by the negligence or dishonesty of our employees or agents).
13.5 You and we agree that we have only agreed to provide the Services at the Charges set out in the Order because of the limitations and exclusions of our liability contained in this Agreement and that the parties have made their own insurance arrangements accordingly.


14. INDEMNITY LIMITS
14.1 In respect of a Collection Service, the indemnity in clause 13.1(a) is limited to a maximum of £4,500 in respect of all Cash given to our representative at any one Collection Point at any one collection.
14.2 The indemnity in clause 13.1(a) will not in any circumstances apply to any loss or damage which you suffer in consequence of any of the Uninsured Risks or to the extent to which any of the Uninsured Risks shall have contributed.


15. TIME LIMITS FOR NOTIFYING CLAIMS
15.1 You can only make any claim under the provisions of clauses 13.1(a) or 13(d) if you give us written notice of loss or damage within 28 days of either the discovery of that loss or damage or of the termination of the period when the Cash is in our custody during which the loss or damage is alleged to have occurred, whichever is the earlier, and in any event within three months of the date when we received the Cash.


16. THE CUSTOMER'S OBLIGATIONS
16.1 In respect of a Collection Service, you undertake to give us only one Container of notes, one Container of coin and one Container of cheques per service.
16.2 In respect of a Collection Service, you undertake that the value of all Cash given to our representative at any one collection will not exceed £4,500.


17. INDEMNITY FROM THE CUSTOMER
17.1 You are deemed to be the sole and beneficial owner of all Cash and Cheques and that Cash and Cheques alone shall be the subject of the Services and carried by the Supplier under the terms of this Agreement. You will therefore indemnify us against any claim made by any other person in respect of Cash which is outside or beyond the liability we accept under this Agreement.


18. TERMINATION
18.1 This Agreement may be terminated by either party immediately if:-
(a) the other party commits or permits any material or persistent breach of this Agreement and, in the case of such breaches capable of being remedied, fails to remedy that breach within 21 days of receiving notice of such breach;
(b) the other party commits an act of bankruptcy or goes into liquidation other than for the purposes of reconstruction or amalgamation or suffers the appointment of a receiver or administrator of any of its property or income or makes any deed or arrangement with or composition for the benefit of any of its creditors.


19. GENERAL
(a) Where any communication between us is specified as being "in writing" then this shall include communication by e-mail.
(b) No failure or delay by a party in enforcing any of the terms and conditions of this Agreement will prejudice or restrict that party's rights and powers under this Agreement, nor will any waiver of any breach operate as a waiver of any subsequent breach.
(c) A person who is not a party to the Agreement shall not have any rights under or in connection with it.
(d) If any provision of this Agreement is held to be invalid, illegal, or unenforceable by any competent authority or court, such a determination will not affect or impair the enforceability of any other provisions of this Agreement which shall continue in full force and effect.
(e) This Agreement is to be interpreted in accordance with the laws of England and the Courts of England will have exclusive jurisdiction in relation to any matters arising out of it.