Terms and Conditions

The following are the terms ("Terms") on which Vizioz Limited ("we" "our" or "us"), a company registered in England and Wales (number 06944704) and having its registered office at 25-27 Queen Victoria Street, Reading, RG1 1SY, agree to provide services ("Services") to you ("you" or "your").

1. Requesting our Services

1.1 You may request Services from us by any oral or written form of communication, or by submitting a request on our website www.vizioz.com but no request or order submitted by you shall be deemed to be accepted by us unless and until confirmed in writing by us ("Confirmation").

1.2 You shall be responsible for ensuring the accuracy of the terms of any order and our Confirmation are correct.

1.3 No order which we have acceted may be canceled by you.

1.4 These Terms apply to the exclusion of any other terms that you seek to impose.

2. Supply of Services

2.1 We shall supply the Services to you in accordance with the Services package selected by you, as set out in Schedule 1 in all material respects.

2.2 We shall not be liable for any delay in supplying the Services.

2.3 We may make any changes to the Services which are necessary to comply with any applicable law or which do not materially affect the nature or quality of the Services, and we shall notify you in any such event.

2.4 We may, in our absolute discretion, withhold from collection or forwarding and/or pass to any relevant authority (including HMRC, DTi, and the police) any mail without notice to you.

2.5 We warrant to you that the Services will be supplied using reasonable skill and care.

3. Your Obligations

3.1 You shall provide us on request such passports, utility bills and other documents as we may request to establish proof of your identity and address for anti-money laundering purposes.

3.2 You shall:

3.2.1 co-operate with us in all matters relating to the Services;

3.2.2 provide us with such information and materials as we may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects and is kept accurate and up to date at all times;

3.2.3 ensure that noxious, harmful, deteriorating or dangerous substances are not sent to our premises. If we have reason to believe any item delivered to you is in breach of this clause 3.1.4 we may open and/or dispose of it as we see fit;

3.2.4  if you are receiving our Mail Collection Services, you shall collect mail delivered to our premises promptly after receiving notification from us. We reserve the right to dispose of, or return to sender, any items not collected after a period of 60 days

3.3 You accept that, in the event that you require a material increase in the volume of calls to be handled by our Telephone Service, we reserve the right to require you to upgrade to a different user package as set out in Schedule 1, and you shall do so within a time period specified by us.

3.4 You accept that, in respect of our Telephone Services, you are only permitted to supply us with the telephone number of one user, unless otherwise agreed by us and subject to additional charges.

3.5 You accept that, in respect of our Mail Forwarding services, you are only permitted to supply us with a single mailing address, unless otherwise agreed by us and subject to additional charges.

3.6 If our performance of the Services is prevented or delayed by any act or omission by you or failure by you to perform any relevant  obligations ("Your Default") then:

3.6.1 we shall without limiting our other rights or remedies have the right to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from such performance to the extent that Your Default prevents or delays our performance of any of our obligations;

3.6.2 we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform the Services as set out in this clause 3.2; and

3.6.3 you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from Your Default.

4. Charges and Payment

4.1 The charges payable by you for the Services ("Charges") shall be as set out in Schedule 1 and shall be calculated according to the specification of Services that you have selected.

4.2 If you are receiving Mail Forwarding Services, you are required to pay a minimum deposit amount in advance of £20 or any such sum specified by us ("Deposit"). The amount of Deposit credited to your account can be viewed on your online portal account. We may at our discretion apply all or part of the Deposit against any Charges for which payment is overdue. The Deposit is non-refundable or repayable in the event of termination of these Terms pursuant to clause 6.1 but repayable otherwise within 14 days of written request from you after termination of the contract between us.

4.3 You agree that if the Deposit amount falls below £5, you will receive an online notification from us requiring you to credit your account to enable us to carry out the Mail Forwarding Services, and failure to do so will result in suspension or termination of the Mail Forwarding Services in accordance with clause 4.9.

4.4 We reserve the right to increase our Charges from time to time, provided that such Charges cannot be increased more than once in any 12 month period. We will give you written notice of any such increase 3 months before the proposed date of the increase.

4.5 We shall invoice you monthly in advance starting on the date you first receive the Services.

4.6 You shall pay each invoice submitted by us:

4.6.1 immediately on receipt of the invoice and within 7 days of the date of the invoice; and

4.6.2 in full and in cleared funds to a bank account nominated in writing by us.

4.7 If you opt to pay by direct debit, you accept that we will debit the Charges from your elected bank account on the date referred to in clause 4.5.

4.8 All amounts payable by you are exclusive of value added tax which you shall be additionally liable to pay us.

4.9 Without limiting any of our other rights, if you fail to make a payment due to us for the supply of Services by the due date for payment ("Due Date"), we shall have the right to:

4.9.1 charge interest on the overdue amount at the rate of 4% per annum above the then current base lending rate of Barclays Bank Plc from the Due Date until the date of actual payment of the overdue amount, whether before or after judgement;

4.9.2 send to you reminder notifications, requesting immediate payment of the Charges;

4.9.3 suspend the Services after 14 days of non-payment of the Charges; and

4.9.4 terminate the Services after a period of 30 days of non-payment of the Charges

4.10 you shall pay all amounts due in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.

5. Limitation of Liability

5.1 Nothing in these Terms shall limit or exclude our liability:

5.1.1 for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; or

5.1.2 fraud or fraudulent misrepresentation;

5.2 Subject to clause 5.1:

5.2.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or contracts, or for any indirect or consequential loss whether arising from negligence, breach of contract or otherwise; and

5.2.2 our total liability to you in respect of all other losses arising under or in connection with the supply of Services, whether in contract, tort (including negligence), breach of contract or otherwise, shall not exceed the amount of the Charges paid by you for the Services.

5.3 Except as set out in these terms, all warranties, conditions and other terms implied by statue or common law are, to the fullest extent permitted by law, excluded.

6. Termination

6.1 Without limiting our other rights or remedies, we may terminate the supply of Services with immediate effect by giving written notice to you if:

6.1.1 you commit any continuing or material breach of any of the provisions of these Terms and, in the case of such a breach which is capable of remedy, fail to remedy the same within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied;

6.1.2 an encumbrancer takes possession or a receiver (or similar office holder) is appointed over any of your property or assets;

6.1.3 you make any voluntary (or similar) arrangement with your creditors or an administrator is appointed or you are subject to insolvency proceedings in any jurisdiction;

6.1.4 you go into liquidation (except for the purposes of an amalgamation, reconstruction or other reorganisation and in such manner that the company resulting from the reorganisation effectively agrees to be bound by or to assume the obligations imposed on that other party under these Terms);

6.1.5 you cease, or threaten to cease, to carry on business; or

6.1.6 you fail to pay any amount due for Services on the due date for payment.

6.2 Without limiting our other rights or remedies, we or you shall have the right to terminate the supply of Services by giving the other party 30 days' written notice.

6.3 Without limiting our other rights or remedies, we or you shall have the right to suspend provision of the Services in any of the circumstances listed in clause 6.1.

7. Consequences of Termination

On termination of the Services:

7.1 the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination of the services shall not be affected, including the right to claim damages in respect of any breach which existed at or before the date of termination or expiry; and

7.2 clauses which expressly or by implication have effect after termination shall continue in full force and effect.

8. General

8.1 We shall not be responsible for any delays in performing, or for any failure to perform, any of our obligations hereunder if the delay or failure was due to any cause beyond our reasonable control.

8.2 You shall not, without our prior written consent assign, transfer, charge, subcontract or deal in any other manner with any of our rights or obligations under these Terms.

8.3 Any notice or other information required or permitted to be given under these Terms shall be deemed to have been validly given if served personally on that party or if sent by first class pre-paid post to the last known address of that party. If sent by first class pre paid post the notice shall be deemed to have been received 2 days after the date of posting. If any such notice or other information is given by means of facsimile or by email then notice shall be deemed to have been received on the same day if sent during normal working hours or on the next working day where sent outside such hours.

8.4 No waiver by us of any breach of these Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provisions.

8.5 If any provision of these Terms is declared by any judicial or any other competent authority to be void, voidable, illegal or otherwise unenforceable or indications to that effect are received by us from any competent authority then that provision will be limited or eliminated to the minimum extent necessary so these Terms shall otherwise remain in full force and effect and enforceable.

8.6 Nothing in these Terms is intended or shall be deemed to constitute a partnership or joint venture of any kind between you and us, nor constitute us your agent. You shall have no authority to act as our agent or to bind us in any way.

8.7 These Terms shall not be enforceable by a person who is not a party to them under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

8.8 No variation of these Terms shall be binding unless made in writing and signed by you and us.

8.9 We reserve the right to sub-contract provision of all or any of the Services.

8.10 We reserve the right to sub-contract provision of all or any of the Services.

8.11 References in these Terms to "writing" includes facsimiles but not email.