The following terms and conditions (“Terms”) are the basis of the Contract between Tracsis Traffic Data Limited/Tracsis Passenger Counts Ltd (“Us/We”) and the client (“You”).
Any information contained in our website, sales literature and other documents does not form part of the Contract.
Quotations are valid for period of 30 days from the date of the quotation.
You shall be responsible for ensuring that the project specification provided to Us is accurate and We reserve the right to adjust the quotation and/or program if the specification of all or part of a project changes. All project and subsequent price amendments will be agreed with You.
Price and Payment
The quoted price is the price payable for the project. We require written acceptance of the quotation from You.
We will consider requests to invoice another party. We may raise an administration fee for raising invoices to another party. We will not invoice another party without written confirmation from that party that they accept the quotation and that they are willing to pay the invoice. We reserve the right to decline any requests to invoice another party.
Payment is due within 14 days from the date of the invoice. If You fail to make payment by the due date, We reserve the right to:
- charge interest on any outstanding balance at the rate of 4% above the basic rate of RBS bank; or
- cancel the Contract; or
- suspend any Contract being carried out by Us.
Cancellation or postponement due to Unplanned Events
We reserve the right to charge You fees to cover costs of all services and works undertaken including expenses and overheads incurred by Us in the event that work is cancelled or postponed due to circumstances or events beyond our direct control.
Cancellation or postponement
You may only cancel or postpone a contract by informing us in writing at the address stated at the top of this page. Should You cancel or postponement a contract, We reserve the right to charge fees to cover costs of all services and works undertaken including expenses and overheads incurred by Us. The cancellation fees are as follows: –
- 25% for projects cancelled within 3 working days of commencing
- 50% for projects cancelled within 2 working days of commencing
- 75% for projects cancelled within 1 working day of commencing
In addition, You shall be liable to pay Our fees and costs for any completed stages of the project plus any fees and costs related to work that has been committed to on behalf of You.
You are responsible for any errors or omissions in artwork, illustrations or photographs, proofs etc. that have been accepted by You, either verbally or in writing.
All information provided by You will be treated as confidential. Project and survey data will not be released to any third party without Your permission. The above shall not apply to any information that is already in the public domain and which is otherwise unrestricted nor to information that We are required to disclose by law.
Storage and disposal
We comply with the Data Protection Act in relation to storage and disposal of confidential information and records. Unless specified as part of the contract, data sheets, interview forms and image files are stored for a period of 3 months from the completion of a project. All other project related documents are stored for a period of 1 year. All information is confidentially disposed of.
Warranties and Limited Liability
We will use all reasonable endeavours to ensure that all obligations to be performed by Us under the Contract are performed with reasonable skill and care.
Except in respect of death or personal injury caused by our negligence for which no limit applies, Our liability under the Contract in respect of the provision of the services included in the quotation shall not exceed the price paid by You for these services. We shall not be liable to You for any loss of profits or contracts or other indirect consequential losses whether arising from negligence, breach of contract or otherwise.
We shall be entitled to terminate the Contract where:
- You fail to make payment by the due date;
- You commit any material breach of any of these Terms;
- a receiver is appointed over any of Your property or assets; or You make an involuntary arrangement with Your creditors or become subject to an administration order; or You go into liquidation (except for the purposes of an amalgamation, reconstruction or other reorganisation); or
- You cease to carry on business.
Performance of Contract
We shall not be responsible for any delays in performing, or for failure to perform, any of Our obligations under the Contract if the delay or failure is due to any cause beyond Our reasonable control including but not limited to strikes, lockouts, riots, civil commotion, acts of God, and acts of terrorism, theft and war.
These Terms contain the entire agreement between You and Us and supersedes any prior written or oral agreement between You and Us. No variations of these Terms shall be binding unless made in writing by one of Our directors. You may not assign any of Your rights or obligations under the Contract without Our prior written consent.
In the event of any dispute arising out of or in connection with the Contract, You agree that We may refer the dispute to an organisation experienced in Alternative Dispute Resolution in order to resolve the dispute by mediation.
Except insofar as the Terms expressly provide that a third party may in its own right enforce a provision of these Terms, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.