Terms & Conditions


1 About our terms and conditions


1.1  These terms explain how you may use this website (the Site) and the Services provided therein.

1.2   References in these terms to the Site includes the following websites: detacol.co.uk, detacol.com, dtcl.co and all associated web pages.

1.3   You should read these terms and conditions carefully before using the Site.

1.4  By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these terms and conditions and the documents referred to in them.

1.5  If you do not agree with or accept any of these terms, you should stop using the Site and the Service immediately.

1.6  If you have any questions about the Site, please contact us by e-mail to info@detacol.com


1.7 Definitions


Authorised User

means the employees of the Client authorised to use the Services on behalf of the Client;

Client

means the client of Detacol Ltd using the Service;

Content

means any text, images, video, audio, online platform providing the Service or other multimedia content, software or other information or material submitted to or on the Site;

Cookie Policy

means the cookie policy , which governs how we use cookies in the Site;

Customer

means the customer of the Client whose debts are collected using the Service;

Fees

means any fees charged to the Client, where appropriate, and which may include, inter alia, the Transaction Fee, Processing Fee and Premium Fee, all as further set out on the Published Price List from time to time;

Premium Fee

means the fee payable by the Client for the Premium Service as set out on the Published Price List from time to time;

Premium Service

means the premium service offered by Detacol Ltd as set out on the Site from time to time;

Privacy Policy

means the privacy policy , which governs how we process any personal data collected from you;

Processing Fee

means the non-refundable upfront fee payable by the Client for the Service as set out on the Published Price List from time to time;

Published Price List

means the list of Fees which can be accessed via the Site;

Service

means the online platform allowing Clients and Authorised Users to communicate with the Customers in order to collect service debt as further described on the Site;

Transaction Fee

means any card processing fee payable by either the Client or the Customer as set out on the Site from time to time;

Unwanted Submission

has the meaning given to it in clause 11.1

Virus

means any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.

We, us or our

means Detacol Ltd, company registration number NI625108 and the registered office of which is at Donegall House, 7 Donegall Square North, Belfast, Northern Ireland, BT1 5GB. References to us in these terms also includes our group companies from time to time;

You or your

means the person accessing or using the Site or its Content including, as the case may be, Clients, Customers and Authorised Users; and

Your Data

Your Data means any information, data or files that any Client, Customer or Authorised User inputs or uploads to the Site or whilst using the Service or that is imported from a third party as part of the Service.


1.8   Your use of the Site means that you must also comply with our Privacy Policy, our Cookie Policy and these terms and conditions where applicable.


2Service


2.1   Conditional on the Client having paid the Fees (where applicable) in accordance with clause 3 below and compliance with these terms and conditions, we grant the Client a non-exclusive, non-transferrable, non-assignable, non-sublicensable, revocable right to access and use the Service for your own lawful internal business purposes in the manner we make it available from time to time.

2.2   Installing or using the Service provided by us indicates your acceptance to these terms and conditions. If you do not wish to accept these terms and conditions do not install or use the Service.

2.3  The Service will be made available to you via the login page on the Site or related sub-domains.

2.4  Except as set out in these terms, you are not permitted to copy, adapt, modify, translate, de-compile, reverse engineer, disassemble or assemble or try to obtain the source code, or create derivative works based on the Service without our express written permission.

2.5  You may not use the Service if you are a direct competitor, or a sales agent, consultant or distributor for a direct competitor.

2.6   We may, in our sole discretion, delete, replace, add to or otherwise amend the whole or any part of the Service at any time.

2.7   On termination, you agree that all rights granted to you under these terms and conditions will cease immediately and you will return any software or materials (if any) provided to you.


3Fees and Payment


3.1   Any Fees due shall be paid by the Client to us as set out in the ‘Help Guide’ on the Site. The Fees are non-refundable and non-cancellable. We reserve the right to modify the Fees and also to introduce new charges. Any modifications will be notified by us in writing via the Site.

3.2   All major Credit/Debit Cards are acceptable methods of payment. Processing Fees are paid in advance via the purchase of bundles containing processing units. Each processing unit is consumed by the processing of a single Customer account.

3.3   For the avoidance of doubt, any Customer account whose status moves from ‘new’, ‘draft’ or ‘insufficient data’ to ‘profiled’ will incur a single processing unit and related Processing Fee shall apply to that Customer account.

3.4  Customer payments made via card payments may incur a Transaction Fee. The Client has the option to add the amount of any Transaction Fees to the account of the Customer or can accept responsibility for these. The default setting is for the Transaction Fee to be the responsibility of the Client. We may deduct the amount of any Transaction Fees charged by card providers from money received by us from the Customer. This can be changed via the setting page in the Client Manager Console on the Site.

3.5  Any monies received by Detacol Ltd in respect of Customer debts will be transferred to Clients on a monthly basis. Detacol Ltd may deduct Transaction Fees charged where applicable. The said monies (following deduction of any Transaction Fees or other Fees pursuant to these terms and conditions) will be transferred to the Client within 14 days of the end of the month in which the said monies were collected.

3.6   We reserve the right to change the Published Price List at any time without notice.

3.7   We use Stripe (Stripe.com) as our third party payment processor.


4Using the site


4.1   You agree that you are solely responsible for:

4.1.1   all costs and expenses you may incur in relation to your use of the Site; and

4.1.2  keeping your password and other account details confidential.

4.2   You agree that you will not access, store, distribute or transmit any Viruses, or any material during the course of your use of the Service that:

4.2.1   are unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

4.2.2   facilitate illegal activity;

4.2.3   depict sexually explicit images;

4.2.4   promotes unlawful violence;

4.2.5  is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activity; or

4.2.6  causes damage or injury to any person or property;

  and Detacol reserves the right, without liability to you, to disable your access to any material that breaches the provisions of this clause.

4.3  If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

4.4  We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at info@detacol.com.

4.5  We may prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions, any terms or policies to which they refer or any applicable law.


5Client Warranties, Obligations and Acknowledgements


5.1   The Client warrants and acknowledges that it shall:

5.1.1   follow the Credit Services Association (CSA) Code of Practice and adhere to their standards on collecting debt when using the Service, and ensure that all written electronic communication complies with it:

5.1.2  not use the Service to send unsolicited emails or SMS (text messages).

5.1.3   not use the Service for any other purpose other than as a platform for debt collection from Customers.

5.1.4  ensure that all Customers and Authorised Users comply with its obligations and responsibilities under these terms. The Client is responsible and liable to us for anything any Customer or Authorised User does or does not do in relation to the Service;

5.1.5  provide the access, information, cooperation and assistance that we may require in relation to the provision of the Service;

5.1.6  ensure that it’s password(s) is kept confidential and secure, ensure that the Service is at all times protected from access, use or misuse and damage by any person not authorised by Detacol Ltd or the Client and that the Client will notify Detacol Ltd immediately if it becomes aware of any unauthorised use or misuse of the Service;

5.1.7  comply with all our directions and restrictions regarding the use of the Service;

5.1.8   pay the Fees and any other charges in relation to the Service at the times and in the way specified by us;

5.1.9   permit only such number of Authorised Users as are permitted under the standard or Premium Service or other service level offered by Detacol Ltd from time to time;

5.1.10   not have relied upon representations made by Detacol Ltd other than as set out in these terms;

5.1.11   not use the Service or permit any third party to use the Service in order to build a competitive product or service;

5.1.12  not copy any features functions or graphics of the product; or, create derivate works based on the Service;

5.1.13  not rent or lease the Service;

5.1.14  not sell, charge or otherwise encumber the Service in any way;

5.1.15   use the Service in a reasonable and proper manner for its own internal business purposes and never in a way that breaks any laws or regulations or infringes anyone else's rights;

5.1.16  ensure that Your Data complies with privacy laws and is free of anything illegal or that may be offensive, any viruses and anything else that could have a detrimental effect on the Service; and

5.1.17   comply with Detacol Ltd's directions and restrictions regarding the use of the Service.


6Our Warranties, Obligations and Representations


6.1   Detacol represents and warrants that it has the right to provide the Service to you.

6.2   The Service is provided to you on an "as is" and "as available" basis, and your use of the Service is at your own risk. Detacol does not guarantee but it will use its reasonable endeavours to ensure that the Service will be secure, reliable, free of defects, errors or viruses or always available (including at a certain speed), or that all problems can or will be corrected.


7 Ownership, use and intellectual property rights


7.1   This Site and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these terms and conditions. This means, for example, that we remain owners of them and free to use them as we see fit.

7.2  Nothing in these terms and conditions grants you any legal rights in the Site other than as necessary to enable you to access the Site, the Content and the Service. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

7.3  Trade marks: our trademarks as appear on the Site. Other trade marks and trade names may also be used on this Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.


8 Your Data


8.1   Detacol Ltd does not own or have any rights, title or interest in Your Data. You have sole responsibility for the legality, reliability, integrity, accuracy and quality of Your Data. Accordingly, you agree to grant to us and our suppliers and contractors the right to use, modify and copy Your Data solely for the purpose of providing the Service to you.

8.2   We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us to develop our website and our services, analyse trends and gather geographic and demographic information about our user base as a whole. Such aggregate information will not be distributed or sold to a third party unless such third parties are working on our behalf or we are compelled to do so by law.

8.3   While we endeavour to keep Your Data secure, we do not guarantee that it is completely secure or recoverable or will never be lost or damaged.

8.4   Detacol Ltd shall follow its archiving procedures for Your Data as set out in our Privacy Policy available on the Site or such other website address as may be notified to you from time to time, as such document may be amended Detacol Ltd in our sole discretion from time to time. In the event of any loss or damage to Your Data, your sole and exclusive remedy shall be for Detacol Ltd to use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up of such data maintained by Detacol Ltd in accordance with our Privacy Policy. Detacol Ltd shall not be responsible for any loss, destruction, alteration or disclosure of Your Data caused by any third party (except those third parties sub-contracted by Detacol Ltd to perform services related to Your Data maintenance and back-up).

8.5   Detacol Ltd shall, in providing the Service, comply with its Privacy Policy relating to the privacy and security of Your Data.

8.6   If Detacol Ltd processes Your Data on your behalf when performing our obligations under these terms, the parties record their intention that you shall be the data controller and Detacol Ltd shall be a data processor and in any such case:

8.6.1   you acknowledge and agree that Your Data may be transferred or stored outside the EEA or the country where you and the Authorised Users are located in order to carry out the Service and Detacol Ltd’s other obligations under these terms;

8.6.2   you shall ensure that your are entitled to transfer Your Data to Detacol Ltd so that Detacol Ltd may lawfully use, process and transfer the personal data in accordance with these terms on your behalf;

8.6.3   you shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;

8.6.4   Detacol Ltd shall process Your Data only in accordance with these terms and any lawful instructions reasonably given by you from time to time; and

8.6.5   each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of Your data or its accidental loss, destruction or damage.


9 Software


Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these terms and conditions and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.


10 Submitting information to the Site


10.1   While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.

10.2   We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.


11Confidential Information


The parties both acknowledge and agree that the information each receives from the other party contains confidential information belonging to the disclosing party. The parties may only disclose confidential information in accordance with these terms with the express permission of the disclosing party, only to employees and contractors who need to access such information so that the receiving party can exercise its rights and perform its obligations under these terms and conditions or if required by law.


12Accuracy of information and availability of the Site


12.1   While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.

12.2  We may suspend or terminate operation of the Site at any time as we see fit.

12.3  While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.


13Hyperlinks and third party sites


The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.


14Limitation on our liability


14.1   Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:

14.1.1  losses that:

(a)   were not foreseeable to you and us when this contract was formed

(b)   that were not caused by any breach on our part,

14.1.2  business losses; or

14.1.3  losses to non-consumers.

14.2   Detacol Ltd does not accept any liability for any charges, interest or other costs whatsoever which may be incurred in connection with a debt owed to you as a result of your or your customers being unable for any reason to access the Site.


15 Fraudulent Transactions / Disputes


15.1   Should fraudulent card transactions or disputes such as chargebacks, occur against the Customer Accounts, the Client shall have full responsibility and shall incur all associated costs in relation to any handling by Detacol Ltd in dealing with fraudulent transactions or disputes. Detacol Ltd is determined to avoid fraud and will work closely with third parties and vendors to reduce and minimise the ability for fraudulent transactions.

15.2   Where it has been identified that a fraudulent transaction or chargeback has occurred and monies (collected debt) have already been refunded back to the Client, then these monies must be repaid back to Detacol Ltd along with any administrative or other fees occurred. Detacol Ltd reserves the right reclaim these costs from monies currently held on the Client account.


16Indemnity


You agree to fully indemnify us against any losses, expenses, damages, liabilities and costs that we suffer or incur as a result of or related to any use of the Service, or anything a Client, Customer or Authorised User does or does not do (including any breach by you of these terms), including any expenses we incur in exercising whatever rights we may have against a Client, Customer or Authorised User.


17Events beyond our control


We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.


18 Rights of third parties


No one other than a party to these terms and conditions has any right to enforce any of these terms and conditions.


19 Variation


19.1 These terms are dated 18th January 2016. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.


20 Disputes


20.1   You are liable for and responsible for handling any and all disputes with your Customers. Detacol Ltd will not be responsible for any costs direct or indirect arising out of such disputes.

20.2   We will try to resolve any disputes with you quickly and efficiently.

20.3   If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

20.3.1   let you know that we cannot settle the dispute with you, and

20.3.2  give you certain information required by law about alternative dispute resolution.

20.4  If you want to take court proceedings, the relevant courts of Northern Ireland will have exclusive jurisdiction in relation to these terms and conditions.

20.5  Relevant Northern Irish law will apply to these terms and conditions.