2.These Terms and Conditions and any other properly incorporated documents or things apply to all Customer Accounts, represent the entire agreement and understanding between the parties, supersede any previous agreement or understanding between the parties, exclude any other terms and conditions which the Customer might seek to impose even though such other terms and conditions may be submitted in a later document and/or purport to exclude or supersede any terms or conditions inconsistent with them or may be contained in any offer acceptance or counter offer made by the Customer. The Customer acknowledges that in setting up an Account, it does not do so on the basis of or rely on any representation, warranty or other provision except as expressly provided in these Terms and Conditions, and accordingly all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law. Alterations to these Terms and Conditions will only be valid if authorised in writing by a Director of the Company.

Opening of account and data protection

3.The completion and submission of an Application Form by a Customer does not constitute any binding agreement, but is merely an application to be considered by the Company. As part of this procedure, the Company may make a search on the Customer with a credit reference agency solely for the purpose of checking financial status, and, where the Customer is a company, may also make enquiries about the principal directors and/or shareholders of the company. In order to protect itself and other taxi companies against non-payment, the Company shares information with other taxi companies about Customers with a history of non-payment or poor payment, and the Customer hereby acknowledges that by signing the Application Form consent is given to the Company to make the above searches and share the aforementioned information. All such information shall only be held for as long as is necessary. If the Company is satisfied after making any necessary searches and enquiries that an Account should be opened, the Company will notify you in writing that your Application has been accepted, from which date the Account shall commence, subject to these Terms and Conditions.

4.Throughout the duration of the Account a monthly Administration Fee shall be payable for every month in which the Account is used, of either £5, or 10% of the invoiced total for the relevant month, whichever is greater, and which shall be invoiced separately. No Administration Fee shall be payable for any month in which no use is made of the Account. The Company shall notify the Customer in advance of any increase in the Administration Fee, and the Customer shall have a period of two weeks from the date of notice to cancel the Account before the increase takes effect.

Booking of services

5.Any collection or booking time the Company may give or agree with the Customer is only an estimate, and should not be relied upon. Whilst the Company uses its best efforts to meet the Customer’s requirements, this is not always possible due to circumstances beyond the Company’s control, such as, but without limiting the generality of the foregoing, traffic and weather conditions, and the Company cannot accept any liability for any direct or consequential loss the Customer may suffer as a result of failure to meet a booking time.

Payment for services

6.Prices for each journey shall be calculated individually with mileage and waiting time based on the prevailing Hackney Carriage tariffs.

7.Invoices may be sent weekly or monthly, as shall be agreed between the Company and the Customer and in any event shall be paid within 30 days of the invoice date (“the Payment Date”) either by electronic means, cheque or cash.

8.If the invoice has not been paid by the Payment Date (the “Debt”), a late payment reminder will be sent by the Company to the Customer within 15 days of the Payment Date allowing for a further 15 days for payment of the Debt (“the Late Payment Date”). An administration charge of £20 will be made for such a late payment reminder.

9.Where payment is not received by the Payment Date the Company reserves the right to refuse further Services until the Account is settled.

10.If the Debt has not been settled by the Late Payment Date, interest will be payable at the greater of the rate of statutory interest laid down from time to time under section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 or 10%. Interest will be levied on debts of any amount after, as well as before any judgment, if court proceedings for recovery are instituted.

11.All costs expenses and disbursements relating to the collection of any amount owing, including the management and staff time of the Company, shall be added to the amount owing by the Customer, and whilst the Company will not ordinarily refer an Account to a debt collection agency until after the Late Payment Date, the Company reserves the right to do so in extraordinary circumstances, such as but without limiting the generality of the foregoing, the Customer being adjudged insolvent or bankrupt or unable to pay its debts as they fall due, or making assignment for the benefit of its creditors generally, or having a receiver appointed for it or for any of its property or assets or if it shall discontinue or abandon or dispose of the whole or a substantial part of its business, or shall have a petition presented or a resolution passed for its winding up, or if a notice is issued convening a meeting for the purpose of passing any such resolution, and the Company may in such aforesaid circumstances immediately suspend the Services and notify the Customer that all amounts due under the Account are immediately payable.

VAT

12. None of the sub contract drivers of the Company are registered for Value Added Tax. The total of their supplies will not attract Value Added Tax and cannot be used to claim Input Tax.

Security measures

13. It is the sole responsibility of the Customer to protect their Account from misuse. The Customer may advise the Company of a password or a PIN number to be used as a security measure. Upon a request from the Customer, a password can be changed in case of any suspicion of any unauthorised use of the Account.

14. It is the sole responsibility of the Customer to insure any goods transported against loss or damage. The Company, its employees, staff or sub contractors, shall not be liable for any loss, damage, injury or death, except for death or personal injury resulting from negligence.

General

15. Bookings to or from destinations outside of the East Hampshire areas will only be accepted in writing, by email or fax.

16. The Company reserves the right to close an Account, or to change the details of these Terms and Conditions at any time by providing 15 days notice in writing.

17. Both the Company and the Customer confirm that none of these terms and conditions are enforceable under the Contract (Rights of Third Parties) Act 1999 by a person who is not a party to this agreement.

18. These terms and conditions are governed by English Law and the Customers hereby agree to submit to the jurisdiction of English courts.