Business Terms and Conditions
Business Terms and Conditions (including terms of sale) Xpedient Advisory Solutions Limited:
These Terms of Sale set out the terms under which Services are sold and provided by Us to business customers through this website, xas.org.uk (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Services from Our Site. You will be required to read and accept these Terms of Sale when ordering Services. If you do not agree to comply with and be bound by these Terms of Sale you will not be able to order Services through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase and sale of Services, as explained in Clause 4;
[“Data Protection Legislation” means 1) unless and until EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations, and secondary legislation (as amended from time to time), in the UK and subsequently 2) any legislation which succeeds the GDPR;]
“Order” means your order for the Services;
“Order Confirmation” means Our acceptance and confirmation of your Order;
“Services” means the services which are to be provided by Us to you.; and
“We/Us/Our” means Xpedient Advisory Solutions Limited, a company registered in England under 12779785 ,company number, whose registered address is Horley Green House, Horley Green Road, Halifax, HX3 6AS
and whose main trading address is Pera Business Park Nottingham Road Melton Mowbray Leicestershire LE13 0PB
2 Access to and Use of Our Site
2.1 Access to Our Site is free of charge.
2.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
2.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part
of it) is unavailable at any time and for any period.
3. Business Customers and Consumers
3.1 These Terms of Sale apply to business customers only. These Terms of Sale do not apply to individual consumers purchasing Services for personal purposes (that is, not in connection with, or for use in, their trade, business, craft, or profession). [If you are a consumer, please consult Our Consumer Terms of Sale https://xas.org.uk/terms-and-conditions/ .
3.2 These Terms of Sale, together with any other terms [and, where applicable, Data Processing Agreements] referenced herein that are applicable to the Services ordered, constitute the entire agreement between Us and you with respect to your purchase of Services from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out or otherwise referred to in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
4 Our Services
The services provided by Xpedient Advisory Solutions Limited (Xpedient) consist of:
4.1 Completion of a client business review form based on the information you provided including a complete review of your business credit report to assess any other potential errors which may have lowered your businesses credit worthiness.
4.2 Making investigations and enquiries as necessary to be able to understand your case and any evidence. Collating all the relevant documents can take time and in some cases it may be a period of months before all the relevant documents from the defendant are received and a full assessment can be completed of your business . If in our opinion at this stage there is no reasonable prospect of a successful claim we will cancel the contract under conditions 4,5,6 and 8.
4.3 Representing your claim for redress from a defendant where we believe there is a valid case.
4.4 Negotiating and obtaining an offer of redress for you.
4.5 Referring your case to one of our Law firm partners if legal action is required. Please note that you have no obligation to use a law firm.
4.6 Where necessary and deemed appropriate, pursuing the case through the SME Financial Ombudsman Service (FOS) or one of our Law Firm partners. We make no representation or warranty to you that redress will be obtained or is in any way guaranteed.
5 Services, Pricing and Availability
5.1 We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.
5.2 Please note Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Services, not to different Services altogether.
5.3 Where appropriate, you may be required to select services.
5.4 We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order.
5.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any Order that you have already placed.
5.6 All prices are checked by Us when We process your Order. In the unlikely event that we have shown incorrect pricing information, we will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Services at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within 14 days, We will treat your Order as cancelled and notify you of the same in writing.
5.7 In the event that the price of Services you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your
5.8 Prices on Our Site are shown inclusive of tax.
5.9 For all business customers we require a non refundable upfront fee of £495 to start a claim.
5.10 All sums due must be paid in full without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
5.11 We accept the following methods of payment on Our Site: All major Crebit and Debit cards. Please note we use Stripe to clear card payments.
5.12 After the initial assessment If we conclude there is a potential claim we will act for you (business) on a strictly “No Win No Fee” basis. There are no hidden fees. If no redress is recovered, no further charges are payable.
5.13 We are entitled to receive 30% (exclusive of VAT) of redress recovered relating to all cases against any defendant and/or third parties, no matter if received after the initial settlement. If required VAT will be added at the rate of 20%.
5.14 However, if an offer is made by a Third Party, which you/your business chooses to reject, or if you/your business attempts to cancel our contract after an offer has been made, then our full fee is still due and payable.
5.15 We will continue to represent your interests with the Third Party in order to ensure that the correct amount of redress is paid. If any further payments are received from the Third party, they will be subject to the same terms and conditions regarding fees payable by you/your business, to us.
5.16 You are obliged to notify us of any offer of payment made to you/your business by the defendant(s) and/or third party relating to all cases. If you/your business independently receive a settlement amount direct from the Third Party, as a result of a claim made by us on your behalf, which you fail to disclose to us, then you/your business will be obliged to pay our full fees.
5.17 In the event that a fee due to us by you/your business remains unpaid after 21 days then an administration charge of £100 will be added to the balance outstanding and late payment interest will be calculated at 8% per annum from the date that the fee became due until payment is made.
6 Provision of the Services
6.1 We will provide the Services with reasonable skill and care. We will begin providing the Services on the date agreed when you make your Order.
6.2 We will continue providing the Services until the claim is finalised.
6.3 We will make every reasonable effort to provide the Services in a timely manner [and to complete them on time]. We cannot, however, be held responsible for any delays if an event outside of Our control .
6.4 In certain circumstances, for example where there is a delay in you sending Us information or taking action required , We may suspend the Services (and will inform you of that suspension by email.
6.5 In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Services to resolve the issue. Unless the issue is an emergency that requires immediate action We will inform you in advance by email before suspending or interrupting the Services.
7 Your obligations
You shall – Cooperate with us in all matters relating to the services;
7.1 Provide us promptly with such information as we may reasonably request from time to time in order to carry out our services in a timely manner;
7.2 Ensure that all information provided to us is accurate and does not contain any material omissions.
7.3 If required, give us authority to collect any relevant information from the defendant as necessary in relation to the services.
7.4 Tell us if you have a change of details such as name, address or other contact details.
7.5 Let us know if the defendant or court contacts you/your business directly. If you/your business receive a rejection, offer or payment directly from the defendant, please inform us as soon as possible so that we can advise appropriately.
7.6 If required, complete any court documentation as required to progress your case.
7.7 Referral to one of our Law firm Partners
7.8 By accepting these terms and conditions you authorise Xpedient Advisory Solutions Limited to provide your personal/business data and any supporting information to one of our Law firm partners in order for them to evaluate the legal prospects of your case. After such evaluation neither Xpedient Advisory Solutions Limited nor the Law firm will undertake any further work on your case without obtaining your permission.
8 Cancellations and refunds
8.1 You may cancel at any time by writing to us. To cancel your contract with us, simply email email@example.com
8.2 If you cancel within 14 days from the date you accepted the terms and conditions then the evaluation fee paid will be refunded to you within a reasonable period of time which will not exceed 30 days.
8.3 If you cancel the contract more than 14 days from the date which you accepted the terms and conditions then the evaluation fee is non refundable. Additionally,if you terminate this agreement after the 14 day cooling off period and prior to an offer of redress, Xpedient reserves the right to make a reasonable and proportionate cancellation charge that will reflect the work undertaken by Xpedient in pursuit of your claim. When a cancellation is requested, if appropriate, we will send you an itemised bill outlining the work Xpedient have carried out on your behalf.
8.4 We may cancel the contact any time by giving written notice to you in the following circumstances:
8.4.1 If during the provision of the services you have an unsuccessful claim.
8.4.2 If we reasonably believe that any information which you/your business have provided us is fundamentally incorrect and/or inaccurate, or represents fraudulent activity. In this event the assessment fee is non refundable.
8.4.3 If you/your business are, or you propose to become, the subject of a bankruptcy petition or order, individual voluntary arrangement, or upon Your death or mental incapacity. In this event the assessment fee is non refundable.
9 Our Liability
9.1 We will not be liable to you/your business, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you/your business and Us.
9.2 Our liability under this contract shall be limited to loses which are foreseeable consequences of us breaking this contract. Losses are foreseeable where they could be contemplated by you to us at the time when you/your business entered the terms and conditions.
9.3 You/your business acknowledge that we can only process cases that have had a successful evaluation and we provide no guarantee or warranty of success.
9.4 Our total liability to you/your business for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be either £495 of the total sums paid by you under the contract in question.
9.5 Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for
any other matter in respect of which liability cannot be excluded or restricted
10 Events Outside of Our Control (Force Majeure)
10.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure,
internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other
event that is beyond Our reasonable control.
10.2 If any event described under this occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
10.2.1 We will inform you as soon as is reasonably possible;
10.2.2 Our obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
10.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
10.2.4 If the event outside of Our control continues for more than 6 months time period. We may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event no later than 30 calendar days after the date on which We inform you of the cancellation;
10.2.5 If an event outside of Our control occurs [and continues for more than 6 months and you wish to cancel the Contract as a result, you may do so in any way you wish by emailing us at firstname.lastname@example.org. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event no later than 30 calendar days after the date on which you inform Us that you wish to cancel.
11 Use of information
11.2 By accepting the terms and conditions you give us permission to investigate your case with all relevant Third parties , and you give us authority to pass on to and receive from any Third Parties any information in relation to your case including your personal/business data.
11.3 We may share any information you provide to us including your personal/business data with our sub-contractors, affiliates and/or any replacement provider of our services, including any affliate Law firm, for the purpose of assessing your case and making a claim on your behalf.
11.4 If you want to know exactly what personal/business information we hold about you, you can obtain it. If it transpires the information we hold about you is inaccurate we will make the necessary changes and confirm to you that these have been made.
11.5 To obtain a copy of the personal information held by us please write to: Xpedient Advisory Solutions Limited. Pera Business Park Nottingham Road Melton Mowbray Leicestershire LE13 0PB
12 Complaints and disputes
12.1 If you are unhappy with our service at any stage, please contact us in the first instance. If you are still unhappy,after we have notified you of the outcome of our investigation, please refer to our website for further information on how to escalate your complaint or email us at email@example.com.
13.1 We shall not be liable for failure to comply with our obligations under the contract due to any event which is beyond our reasonable control and we will endeavour to provide the services within a reasonable period to time.
13.2 You may not transfer the contract, as it is personal to you, without our written consent.
13.3 You agree that our obligations under the contract may be transferred to a replacement and the benefit of any or all of our rights under or relating to this agreement may be assigned to any of our aliates, funders, investors or any other third party, without prior notice to you. This agreement may be varied by us by giving you adequate notice via written or electronic communication (Inc. Email and SMS). References in this agreement to “we”, “us”, “our” or “Xpedient” means Xpedient Advisory Solutions Limited or our successors, transferees and assigns.
13.4 Any notice to be given under the contract by either party to the other must be in writing and be served by post to the address of the other party. Notice is deemed to be forty eight hours after posting.
13.5 We may make changes to the terms and conditions but if we do so we will advise you in writing within 14 days.
13.6 These conditions and any non contractual matters arising under them are governed by English law and the parties agree to submit to the non-exclusive of the English courts.