Fuel Card Services trade terms and conditions

Fuel Card Services Limited
TERMS AND CONDITIONS OF SALE

The following Terms and Conditions govern your relationship with Fuel Card Services Limited.

DEFINITIONS

1.1 In these Terms and Conditions the following words, terms or expressions will have the following meanings:

“Agent Agreement” means an agreement between FCS and its Suppliers which sets out the terms on which FCS is authorised to issue Cards to Customers or otherwise resell Goods and / or Services to Customers. FCS is only entitled to provide such Cards, Goods and / or Services subject to these Terms and Conditions and the Agent Agreement;

“Ancillary Charges”
means any administration fees, charges or other similar fees charged by FCS in relation to the Customer’s account which from time to time shall be indicated on www.fuelcardservices.com/tariffs;

“Bunker Network” means a network of fuel retail sites operated by a third party service provider and into which FCS may deposit fuels on behalf of the Customer.

“Bunker or Core Sites” means a defined list of sites at which certain price conditions may apply – see online https://pumplocator.fuelcardservices.com the software used by FCS to locate fuel sites.

“Business Day” means any day other than a Saturday, Sunday, or bank or other public holiday in England;

“Card(s)” means any and all Company Cards or other means of payment for example but not limited to Apple Pay, BPme and other electronic payment apps issued to the Customer by FCS for the purpose of purchasing Goods and / or Services from a Site;

“Card Company” means the relevant fuel card supplier which has authorised FCS to issue Cards to Customers on its behalf;
“Card Type” means the basis upon which the Fuel Price is determined;

“Contract” means a contract created by the acceptance by FCS of an order made by the Customer (and which incorporates these Terms and Conditions).

“Customer” means a corporate body, partnership or individual acting in the course of its business and in whose name the account is held and maintained and includes employees, sub-contractors or any other person acting on behalf of the Customer; When the Customer consists of two or more persons, the expression “Customer” throughout shall mean and include such two (or more) persons and each or any of them. All obligations on the part of such Customer shall be joint and several obligations.

“E-Bill” means an electronic invoice or notification of online availability of invoice sent by FCS (in substitution of a paper invoice). E-Bills can be requested by the Customer but are sent solely at the discretion of FCS. References in these Terms and Conditions to invoices include E-Bills where appropriate;

“FCS”
means Fuel Card Services Limited (CRN: 2107821) whose registered office is Alexandra House, Lawnswood Business Park, Redvers Close, Leeds, LS16 6QY;

“FCS Standard Fee and Tariff webpage” means www.fuelcardservices.com/tariffs

“Fuel Price” means the price charged per litre of fuel exclusive of VAT;

“Goods and / or Services” means fuels, lubricants and other goods and / or services offered by FCS;

“Lost Card” means any Card that is lost, stolen, mislaid, wilfully damaged, reproduced in an unauthorised manner or subject to any similar circumstances (as appropriate);

“MyFleetHub” means the online portal used by FCS to provide the Customer with access to their account data and additional Goods and / or Services that FCS provide.

“PIN” means a personal identification number which may be issued by the Card Company for use with a Card;

“Pump Price Card(s)” means a Card whose charges relate to the price of Goods at a pump at the time of the transaction;

“Site” means an authorised site for the sale of Goods and / or Services;

“Site Locator” means online webpage where the Customer or FCS can find suitable sites where drivers can fuel up. The Site Locator can be accessed at https://pumplocator.fuelcardservices.com

“Supplier(s)” means the authorised person, company or partnership which supplies Goods and / or Services to FCS and which FCS resells to the Customer;

“Terms and Conditions” means these terms and conditions, as amended by FCS from time to time;

“Wild Cards” means Cards which are not embossed with either the registration number of any vehicle or a specific name or the same PIN is used for more than one Card.

1.2 The headings in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions or the Contract.


ACCEPTANCE

2.1 Use of or ordering of any Goods and / or Services provided by FCS to the Customer, constitutes acceptance of these Terms and Conditions. Any other pre-contractual communications do not form part of the Contract. FCS reserves the right to reject any applications.

2.2 FCS may amend the Terms and Conditions from time to time. Changes to the Terms and Conditions will be communicated on invoices and on www.fuelcardservices.com/trade-terms-conditions The Customer is advised to check these regularly. Use of a Card / Goods and / or Services implies acceptance of any amendment.

2.3 FCS reserves the right to amend the Terms and Conditions from time to time and the Customer shall be subject to the Terms and Conditions that are in force at the time that the Card is used, or the Bunkerstock Service is purchased. Any changes to the Terms and Conditions will be notified to the Customer via a change to the date of the Terms and Conditions which is set out on all invoices. The Customer agrees that it shall check FCS’s website not less than once every 3 months (or following a change in date notified on an invoice) in order to check whether the Terms and Conditions have been amended

2.4 Cards remain the property of the Card Company at all times. The Customer will return Cards to FCS promptly at FCS’s request.

ISSUE OF THE CARD

3.1 The Customer is responsible for the security of its Cards and for their correct use, by the Customer or anyone authorised by the Customer, in accordance with these Terms and Conditions.

3.2 The Customer must ensure that no person using a Card interferes with the fuel monitoring device or / delivery equipment at any Site. In the event there appears to be a defect in such equipment the Customer shall immediately report the problem to the relevant Supplier.

3.3 The vehicle registration number or name on a Card is not a security measure. The Customer will be liable for purchases using the Card whether for the vehicle / name or otherwise identified on a Card.

CARD CHARGES AND OTHER FEES

4.1 FCS charges a fee to the Customer for the issue of the Card, for replacement Cards, additional Cards and on annual (or other) renewal of a Card. Other fees may also apply such as a monthly fee or non-usage fee. Card charges vary per account and are payable in advance at the prevailing rates which may increase on periodic review. Details of charges will be provided to the Customer from time to time on the FCS Standard Fee and Tariff webpage.
The Customer should regularly check their invoices and the FCS Standard Fee and Tariff webpage for important up to date fee information.

4.2 Card charges are non-refundable.

USE OF THE CARDS

5.1 The Card may only be used:
5.1.1 if it is a valid Card;
5.1.2 by the Customer to obtain Goods and / or Services from a Site; and / or
5.1.3 to obtain Goods and / or Services in accordance with any restrictions applied to that Card.

5.2 FCS may withdraw at any time an entitlement to purchase specific Goods and / or Services and / or to issue to the Customer a replacement Card indicating revised Goods and / or Services.

5.3 If FCS reasonably believes that a Card is being misused, FCS may put a stop on any Card until the misuse is resolved to the reasonable satisfaction of FCS.

PIN

6.1 The Customer should always keep the PIN’s secure. It is the Customers responsibility to keep PIN’s safe and secure.

6.2 Any PIN shall be used only by the Customer and shall not be disclosed by the Customer to any other person

6.3 If the PIN has (or may have) been compromised in any way, the Customer must immediately notify FCS in accordance with Clause 15.1.

6.4 Upon request, FCS will provide a replacement PIN for a Card at a fee. Replacement PINs are not available on all cards. For fees see the FCS Standard Fee and Tariff webpage.

PURCHASE OF GOODS AND / OR SERVICES AND PRICING

7.1 Prior to agreeing to purchase or take delivery of Goods and / or Services, the Customer shall present or show the Card to the relevant Supplier (if requested).

7.2 The Customer shall comply with all requirements of the Site when using a Card to make a transaction and shall pay FCS all amounts due to FCS arising from such transaction.

7.3 Fuel Prices will vary dependent upon the type of Card used, the Site at which fuel is purchased, method of transaction (e.g. magnetic strip or chip & PIN) and also the specific fuel type and grade. Fuel Prices may be pump related or fixed weekly at certain networks. Certain Sites will incur additional surcharges including but not limited to non-Bunker Sites, non-Core Sites, third party networks (e.g. BP Card used at an Esso site), supermarket and motorway sites; the Customer should regularly check https://pumplocator.fuelcardservices.com for updated listings of Bunker or Core Sites. The Fuel Price may be higher than the pump price at the time of transaction. Additionally, some Cards will be subject to a network service fee per transaction – the Customer will be made aware of this fee when entering the Contract. FCS may notify the Customer of weekly Fuel Prices in advance, upon request.

7.4 The price of non-premium diesel purchased from Bunker or Core Sites is fixed on a weekly basis which FCS may notify to the Customer in advance, upon request.

7.5 Current fees and charges can be found at the FCS Standard Fee and Tariff webpage

7.6 Goods and / or Services, other than motor fuel, acquired with the Card by the Customer shall be invoiced at the price shown on the Customer’s receipt plus a reasonable handling fee.

7.7 The Customer is liable to pay all taxes, duties, levies, charges, surcharges, assessments or impositions on Goods and / or Services purchased with the Card(s) at the appropriate rate.

7.8 Due to the volatility of the oil market and / or tax/fuel duty changes and the impracticality of notifying each Customer on every occasion where a change may occur, FCS may change the Fuel Price from time to time without notice to the Customer.

ADDITIONAL SERVICES / CHARGES

8.1 CO2 Count – FCS will automatically provide the Customer with a document detailing the Customer’s carbon/ CO2 emissions data in the form of a certificate relating to fuel usage shown on the previous invoice. The Customer will be charged an amount per certificate for CO2 Count unless the Customer contacts FCS in writing to opt out of this service.

8.2 Mileage Count – FCS will automatically provide the Customer with a service for the recording of business miles for expenses calculations – see www.mileagecount.co.uk for information and separate terms. The Customer will be charged an amount per month for Mileage Count unless the Customer contacts FCS in writing to opt out of this service.

8.3 Fleet Toolbox – FCS may automatically provide the Customer with a comprehensive fleet management tool. The customer will be charged an amount per month for Fleet Toolbox unless the Customer contacts FCS in writing to opt out of this service.

8.4 MyDriveSafe.Expert – FCS may automatically provide the Customer with a service that allows vehicle users to record the condition of their vehicle via a mobile device – see www.mydrivesafe.expert for information and separate terms. The customer will be charged an amount per month for MyDriveSafe.Expert unless the Customer contacts FCS in writing to opt out of this service.

8.5 The customer is able to opt out of the additional services listed in Clause 8 at any time. Please contact [email protected] or, call 0113 384 6263, or write to us at the address notified by FCS to the Customer from time to time or, if no such address is notified, at Alexandra House, Lawnswood Business Park, Redvers Close, Leeds, LS16 6QY”

8.6 The Customer should regularly check its invoices and the FCS Standard Fee and Tariff webpage for important up to date information about charges.

8.7 Bunkerstock Service:
8.7.1 The Customer may purchase bulk volumes of diesel (the “Fuel”) from FCS. The parties will agree a price; the Customer will then email its offer to purchase the Fuel at the agreed price to the FCS account manager. If FCS accepts the Customer’s offer then it will reply in writing to confirm the price, volume ordered and amount payable by the Customer. Once the Customer’s request has been accepted by FCS it cannot later be cancelled by the Customer.
8.7.2 Upon acceptance by FCS, FCS shall use reasonable efforts to procure the agreed volume of Fuel, and that it is transferred into the Bunker Network on the date of purchase (unless FCS requires payment in advance, it will not transfer the Fuel until payment has been received in cleared funds) provided that FCS shall have no liability for any failure or delay on the part of the Bunker Network or its operator.
8.7.3 FCS shall issue an invoice for (and the Customer shall pay) all sums due in respect of the Fuel, Goods and / or Services in accordance with the procedures set out below. Title to the Fuel shall remain with FCS until payment has been made in full. If the Customer fails to pay any sums due then FCS shall (without prejudice to its other rights and remedies) be entitled to remove the agreed volume of Fuel (or the balance of the same) from the Bunker Network.

INVOICES

9.1 An invoice, E-Bill or notification of the same in MyFleetHub will be sent to the Customer weekly in arrears unless otherwise agreed by FCS (such frequency at FCS’s discretion), detailing purchases of Goods and / or Services which have been processed at the date of the relevant invoice, plus any Ancillary Charges. Upon request, FCS will provide copy invoices at a cost per invoice see the FCS Standard Fee and Tariff webpage. Upon request, FCS will provide evidence of transactions made on Cards in the 3 months prior to the date of the request. FCS shall be entitled to charge a fee for such evidence depending on the relevant Card Company see the FCS Standard Fee and Tariff webpage.

9.2 The Customer must review each invoice on receipt. Upon payment by the Customer of any amounts due, FCS will consider any queries raised within three months from invoice date.

9.3 Upon request, FCS will provide paper invoices at a cost per invoice, see the FCS Standard Fee and Tariff webpage.

PAYMENT

10.1 The Customer shall pay amounts due under each invoice in one payment in full and clear funds in accordance with the payment terms on the relevant invoice.

10.2 If the Customer fails to pay an invoice by its due date, FCS may:
10.2.1 place the Card(s) on stop; and / or
10.2.2 place the Card(s) on stop and terminate the Contract immediately without notice, at which point all amounts due to FCS, (whether invoiced or not) shall become immediately due and payable in full.

10.3 The Customer shall at all times:
10.3.1 maintain a bank account capable of accepting direct debits;
10.3.2 ensure FCS has a valid direct debit mandate from the Customer for such account; and
10.3.3 ensure that any direct debit called by FCS against such account is paid.

10.4 Any Customer’s payment which fails to clear shall be subject to an administration fee per failure and may incur a replacement Card charge. Current fees can be found at the FCS Standard Fee and Tariff webpage.

10.5 If the direct debit payment due date falls on a Saturday, payment will be taken on the preceding working day. If the direct debit payment due date falls on a Sunday or public holiday, payment will be taken on the next working day.

INTEREST AND CHARGES

11.1 FCS may charge interest and reasonable debt recovery costs in the event that any amounts payable by the Customer to FCS under these Terms and Conditions are not paid by the due date (without prejudice to FCS’s other rights and remedies).

11.2 Interest on any late payments shall be payable in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

11.3 Reasonable debt recovery costs for the purposes of Clause 11.1 shall include all third party debt recovery costs, charges and other liabilities reasonably incurred by FCS.

11.4 All payments by the Customer or any credits or refunds due to the Customer will be applied first in settlement of any interest owed to FCS by the Customer and secondly in reduction of the Customer’s other indebtedness to FCS. The Customer is not entitled to exercise any right of set off or counterclaim against outstanding amounts due to FCS.

TERMINATION

12.1 The Contract may be terminated by either party at any time by giving not less than 30 working days prior written notice to the other party.

12.2 FCS may deem the Contract terminated with immediate effect and without notice in the event that:
12.2.1 the Customer breaches any of these Terms and Conditions;
12.2.2 the Customer goes into, or is perceived by FCS as likely to enter into receivership, administration, bankruptcy, liquidation or similar proceedings or makes any arrangement with its creditors or any other event occurs which, in the opinion of FCS, may affect the ability of the Customer to comply with any or all of its obligations or meet any of its liabilities under these Terms and Conditions;
12.2.3 FCS receives a credit reference (which the Customer hereby agrees FCS may carry out from time to time in relation to the Customer) which is, in FCS’s opinion, unsatisfactory;
12.2.4 the Customer undergoes a change in control (where “control” means the ability, directly or indirectly, to direct the affairs of another whether by means of ownership, contract or otherwise). The Customer agrees to notify FCS not later than 2 weeks prior to any change in control of it occurring; or
12.2.5 FCS receives notification from its insurers that credit insurance cover has been reduced or withdrawn from the Customer.
12.3 The Contract shall automatically terminate upon the termination of the Agent Agreement and such termination will be confirmed by written notice to the Customer by the Card Company or FCS.

CONSEQUENCES OF TERMINATION

Immediately upon termination of the Contract:
13.1.1 the Customer shall cut in half all Cards supplied to it and return them to FCS;
13.1.2 the whole outstanding balance of the Customer’s account shall (at FCS’s discretion) become due and payable in full to FCS; and
13.1.3 the right of the Customer to use the Card shall terminate (but without prejudice to the Customer’s liability for the use of the Card after termination or to the rights of FCS already accrued at the date of termination).

CANCELLATION

14.1 Cancellation of a Card will only prevent renewal of the Card on expiry; it may not prevent the Card from being used.

14.2 FCS will only cancel a Card on the Customer’s written request.

14.3 FCS may put a stop on, cancel, or suspend any or all Cards at any time without notice and reserves the right to refuse to reissue, renew or replace any Card.

14.4 The Customer must immediately (or when found, if lost) return any cancelled Card to FCS, cut in half.

14.5 Notwithstanding any other provisions of the Contract, the Customer will remain liable in respect of any transactions made with the Card after its cancellation but prior to its receipt by FCS.

LOST OR STOLEN CARDS

15.1 If a Card is a Lost Card or has not been received by the Customer when due or the PIN number has been compromised, the Customer must immediately notify FCS via www.MyFleetHub.co.uk or, [email protected] or, by calling 0113 384 6263, or at the address notified by FCS to the Customer from time to time or, if no such address is notified, at Alexandra House, Lawnswood Business Park, Redvers Close, Leeds, LS16 6QY and obtain a crime reference number from the police (in the case of theft) and FCS may, at its sole discretion:
15.1.1 immediately terminate the Contract; or
15.1.2 provide the Customer with a replacement Card, if required.
15.1.3 in any event, the Card will be placed on stop.

15.2 The Customer will provide FCS with all information in its possession as to the circumstances relating to a Lost Card or the other events detailed in Clause 15.1.

15.3 CARD PROTECT (or Fraud Protect). FCS will automatically provide to the Customer a service covering the Customer for losses up to a maximum of 24,000 litres on its account from the point at which the Customer notifies FCS (in accordance with Clause 18) that a Card is a Lost Card. The Customer will be charged an amount per month for Card Protect unless the Customer contacts FCS in writing to opt out of this service. Current fees can be found at the FCS Standard Fee and Tariff webpage.

15.4 Save for liability in relation to Wild Cards, the Customer shall be liable to pay for any transactions for Goods and / or Services with Suppliers using a Card issued to it at any time during the period from the time of issue by FCS until two working days from the notification of the circumstances set out in Clause 15.1 being received by FCS, save that the Customer will remain liable for use of the Card if FCS has reasonable grounds to believe that :
15.4.1 the Customer gave the relevant Lost Card or PIN to an unauthorised person; or
15.4.2 the circumstances resulting in the Lost Card was due to the negligence of either the Customer; or
15.4.3 prior to the Card becoming a Lost Card, the Customer failed to comply with a request made by FCS to destroy or return the Lost Card to FCS; or
15.4.4 the Customer was in breach of the Contract.

15.5 Clause 15 is subject to the provisions of Clause 18.

LIABILITY

16.1 Nothing in these Terms and Conditions shall exclude or limit FCS’s liability for death or personal injury caused by its negligence or for fraudulent misrepresentation or for any other liability which cannot be excluded by law.

16.2 Subject to Clause 16.1, FCS accepts no liability and gives no warranty, express or implied (to the extent permissible by law), whether arising by common law or statue in relation to:
16.2.1 any transaction entered into by a Customer;
16.2.2 any Goods and / or Services supplied to the Customer including the satisfactory quality or fitness for purpose of the Goods and / or Services; or
16.2.3 the provision of the bunkerstock service set out in clause 8.7 or any Fuel supplied to the Customer.

16.3 FCS shall not have any liability to the Customer in respect of any of the following losses or damage (whether such losses or damage were foreseen, foreseeable, known, direct, indirect or consequential or otherwise), loss of profits, loss of anticipated savings, loss of business, loss of goodwill, loss of use or downtime, loss of or corruption to data or other information. Furthermore, FCS shall not be liable for any indirect or consequential loss or damage and FCS does not accept any liability save where expressly accepted under the Contract.

16.4 FCS will not be liable for any delay or failure to carry out obligations under the Contract where the delay or failure arose as a consequence of matters beyond FCS’ reasonable control including (but not limited to) the actions or inactions of the Supplier, the Customer or its representatives, or acts of God, explosions, terrorism, transport failures, labour shortages, riots, strikes affecting the fuel supply sector or war – where such event occurs, FCS may suspend or terminate the Contract.

16.5 Subject to Clause 16.1, FCS’s aggregate liability to the Customer in respect of each claim or series of claims arising out of or in connection with

(i) the use of a Card (including without limitation as a result of breach of contract, negligence or any other tort, under stature or otherwise) will be limited to a maximum of £5,000 or

(ii) the provision of Fuel on a Bunkerstock basis shall be limited to a maximum of £80,000.
The parties acknowledge that the Contract reflects a fair allocation of risk and that the fees payable reflect the risk borne by the parties.

16.6 The Customer undertakes to indemnify FCS from and against any and all losses, claims, costs, demands or expenses which FCS may incur as a result of a Card being used by an unauthorised third party or by reason of any negligence, fraudulent, dishonest or criminal conduct relating to the use of the Card by the Customer, the Customer’s employees, agents, representatives and / or sub-contractors.

16.7 The Customer will be liable in respect of any transactions made with any Wild Cards (even if the Wild Cards are Lost Cards) and will indemnify FCS for all costs, claims and demands in connection with the use of Wild Cards, however they arise.

16.8 The terms of this Clause 16 shall continue in force notwithstanding the termination of the Contract.

DATA PROTECTION

In this clause the following terms shall have the following meanings:

“Act” refers to the UK Data Protection Act 2018;
“Customer Data” means all necessary personal data relating to any Customer (including name, contact details, vehicle details and any other data relevant to their use of Cards) and any data subject employed or engaged by any Customer that is provided to FCS under these Terms and Conditions;
“Data Protection Laws” refers to:
(i) the Regulation (unless and until it is no longer directly applicable in the UK);
(ii) any UK implementing laws, regulations and secondary legislation under the Regulation (as amended or updated from time to time);
(iii) any successor legislation to the Regulation; and
(iv) the Act; and
“Privacy Policy” refers to FCS’s privacy policy located on its website; and
“Regulation” refers to the EU General Data Protection Regulation (2016/679)

The terms data privacy/protection (if not otherwise defined), personal data, data processor and data subject, shall have the meaning(s) given to them in the Act or the Regulation (as applicable).

17.1 Where FCS processes any Customer Data, FCS will comply with all requirements and obligations under the Data Protection Laws.
17.2 The Customer shall notify its employees and others using its Cards of the:
17.2.1 nature and identity of FCS as a data processor;
17.2.2 categories of personal data transferred; and
17.2.3 the Privacy Policy.

17.3 FCS shall:
17.3.1 update the Privacy Policy (where necessary to remain compliant with the Data Protection Laws); and
17.3.2 maintain a valid and subsisting registration with the Information Commissioner’s Office to process the Customer Data (where required to do so).

17.4 FCS shall only process the Customer Data it reasonably requires to provide the Services. All Customer Data processed by FCS shall be in accordance with the Privacy Policy (to the extent it complies with the Data Protection Laws) and the Customer’s written instructions.

17.5 FCS shall:
17.5.1 ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of, and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected (having regard to the state of technological development and the cost of implementing any measures);
17.5.2 ensure that all personnel, contractors, agents or representatives who have access to and / or process personal data at any time are: (a) limited only to those natural persons who need access to the personal data for FCS to meet its obligations under these Terms and Conditions; (b) informed of the confidential and sensitive nature of personal data; and (c) are aware of their obligations, and data subjects’ rights, under the Data Protection Laws;
17.5.3 assist the Customer (at the Customer’s cost) within a reasonable period in responding to any request from a data subject in connection with any exercise of any of its rights under the Data Protection Laws and to provide assistance with respect to security, breach notifications, impact assessments and consultations, where requested;
17.5.4 provide, on request, a copy of all personal data held by FCS in the format and on the media reasonably specified by the Customer (at the Customer’s cost);
17.5.5 notify the Customer as soon as reasonably practicable on becoming aware of a personal data breach, including if any personal data is lost, destroyed or becomes damaged, corrupted or unusable, and where requested or required to assist, to notify the data subject of such breach;
17.5.6 keep and maintain complete and accurate records and information of any processing of personal data it carries out on behalf of the Customer, and permit (on reasonable notice), the Customer (or the Customer’s representative) to inspect all such records relating to the processing of personal data by FCS to demonstrate its compliance with this clause; and
17.5.7 notify the Customer (as soon as reasonably practicable), if it has been given an instruction which doesn’t comply with the Data Protection Laws.

17.6 The Customer hereby consents to the Customer Data being processed on FCS’s behalf by a sub-processor provided that FCS shall have in place a written Contract with each, which further imposes obligations on the processor equivalent to those set out in this Clause.

17.7 By using Cards, the Customer:
17.7.1 Warrants that it is the data controller with regard to the Customer Data and will comply with data controller obligations within the Data Protection Laws; and
17.7.2 warrants that it has the relevant consent of all affected data subjects to those transfers as required by the Regulation.

17.8 In addition to any other consequences of termination set out in these Terms and Conditions, each party will (at the disclosing party’s request) promptly return to the other all confidential information and any other property (including any personal data and Customer Data) which is in its custody or control, or will destroy the same and certify such destruction.

17.9 Where FCS uses Customer Data for credit checks and fraud prevention (or other purposes for which the Customer gives its specific permission), such data will only be used where permitted under the terms of the Regulation. For more information about how data may be used, please check the Privacy Policy.

17.10 The Customer shall immediately notify FCS in writing of any changes in the Customer’s name, address, bank details or any change of legal entity of the Customer. The Customer ensures that any data provided to FCS about the Customer is accurate.

17.11 The Contract is personal to the Customer and the Customer shall not be entitled to assign or transfer all or any of its rights, interests or obligations hereunder.

17.12 FCS shall be entitled to assign or transfer all or any of its rights, interests or obligations hereunder.

NOTICE

18.1 Any notice required to be given under the Contract (or otherwise between the parties) shall be in writing and delivered personally or sent by first class post or e-mail to the registered office or email address of the other party or such other address or email address (as appropriate) as notified by the parties in writing or logged onto MyFleetHub.

18.2 Any notice shall be deemed to have been duly received:
18.2.1 if delivered personally, at the time of delivery;
18.2.2 in the case of pre-paid first class post or recorded delivery or registered post, 48 hours from the date of posting if from and to an address in the United Kingdom or Northern Ireland; and
18.2.3 in the case of e-mail, at the time the e-mail enters the IT system of the intended recipient provided that no error message indicating failure to deliver has been received by the sender and provided further that within 24 hours of transmission a hard copy of the e-mail is sent by post to the intended recipient in accordance with the provisions of this Clause 18,
18.2.4 in the case of the details being logged on MyFleetHub, at the time it enters the IT system of the intended recipient provided that no error message indicating failure to deliver has been received by the sender in accordance with the provisions of this Clause 18,

18.3 Provided that if deemed receipt occurs before 9am on a Business Day the notice will be deemed to have been received at 9am on that day, and if deemed receipt occurs after 5pm on a Business Day, on Christmas Eve (or last working day prior to Christmas day) after 12 noon, or on a day which is not a Business Day, the notice will be deemed to have been received at 9am on the next Business Day.

THIRD PARTY RIGHTS

19.1 A person who is not a party to the contract shall have no rights pursuant to the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.

SEVERANCE

20.1 If any provision of these Terms and Conditions shall be deemed void for any reason whatsoever, but would be valid if part of the wording were deleted, any such provision shall apply with such modifications as may be necessary to make it valid and effective.

LEGAL CONSTRUCTION
21.1 The Contract shall be construed in accordance with English Law and the parties irrevocably agree, that the courts of England and Wales shall have non-exclusive jurisdiction over any dispute or claim arising out of or in connection with the Contract.


Issued : May 2019