1: DEFINITIONS The Service Agreement constitutes the entire Agreement between the parties as to the subject matter hereof and supersedes all prior understandings, representations, transactions or communications, whether written or oral, as to the subject matter of this Service Agreement. Each party warrants to the other that it has not relied on any representation, arrangement, understanding or agreement (whether written or oral) not expressly set forth or referred to in this Service Agreement. No provision contained in this clause or elsewhere in this Service Agreement shall operate so as to exclude any liability of one of the parties in respect of fraudulent misrepresentation made by that party to the their or restrict or exclude any remedy which the other party may have in respect of the misrepresentation. No variation of or waiver of or amendment to the Service Agreement shall be binding on “ACP” unless agreed in writing by a Director on its behalf. Conditions of Commercial and domestic debt collection.

2: THESE TERMS AND CONDITIONS apply in respect of each and every set of instructions received by “ACP Online” ("the Agency") from their client ("the Client") in respect of the collection of a debt from a particular third party ("the Debtor") under these terms and conditions the exclusion of any inconsistent terms or conditions contained or referred to in the client’s instructions or elsewhere or implied by trade or custom of practice or cause of dealing unless specifically agreed in writing by a director or the Agency. Under this agreement the client does assign the debt to the Agency, the agency will add late payment compensation costs and interest to the debt to be paid by the client’s customer in accordance with The Late Payment of Commercial Debts (Interest) Act 1998. The Agency’s fees will be the amount of the late payment compensation costs and interest plus any other commission agreed with the Client.

3: BOUND MY CONDITIONS: the client and agent will be bound by these Terms and Conditions throughout the entirety of its relationship with the Agency.

4. THE AGENCY WILL: act on the Client's behalf in attempting to recover debts from third parties who owe money to the assignee of the debt (the agent) who in turn will pay the client on receipt from the debtor.

5. SUMMS RECOVERED: will be paid to the Client within 7 days of cleared funds or cash having been received or being deemed to have been received by the Agency subject to the provisions of these Terms and Conditions. Fourteen days will be allowed from the banking of a cheque before cleared funds.

6. WITHHOLDING INFORMATION: If the Client receives any information which has or may have any bearing on the debtor’s ability to pay, the Client shall pass such information on to the Agency immediately together with any instructions for further action the Client wishes the Agency to take.

7. CEASING COLLECTION: The Agency will have sole discretion in ceasing to continue or otherwise, proceedings against the debtor for the recovery of costs and/or interest.

8: REPOERTING ON PROGRESS: The Agency will provide regular reports in relation to each matter on which the client has instructed them.

9: All INSTRUCTIONS: from the client are to be delivered in writing. Such instructions may take the form of a letter or be sent by facsimile transmission or be sent by email or by any other agreed electronic means to the Agency. Instructions may at the sole discretion of the Agency be accepted by the Agency over the telephone in case of urgency but no responsibility will be accepted by the Agency for faults, mistakes or misunderstandings arising from those instructions. All instructions must be confirmed in writing by the Client as soon as possible. The Client is solely responsible for the fullness and accuracy of the instructions.

10: WITHOUT PREJUDICE: to clause 17 below, instructions shall be deemed to be accepted as soon as the Agency is instructed in accordance with paragraph 9 above. All instructions are accepted by the Agency subject to these Terms and Conditions unless otherwise agreed in writing.

11 : RESERVES THE RIGHT the right to amend or vary these Terms and Conditions, and in particular the fee rates from time to time but any such amendments/variations shall only have effect upon notification to the Client in writing.

12: ADVERTISING LITERATURE: or correspondence shall be deemed to be a variation of these Terms and Conditions. In the event of there being any inconsistency between these Terms and Conditions and any other document produced by the Agency these Terms and Conditions shall prevail.

13: WARRENTY OF AUTHORITY: Any employee, agent or representative of the Client who gives instructions to the Agency shall be deemed to have full authority to do so and shall be deemed to be duly authorised by the Client notwithstanding any actual defect in or want of authority.

14: THE CLIENT AGREES that any of its employees, agents or representatives who CONTACT the Agency shall have authority to give instructions to the Agency.

15: INABILITY TO RECOVER DEBTS: The Agency will use its reasonable endeavours to recover debts on behalf of the Client by normal commercial lawful means. However, the Agency does not guarantee that recovery will be made. There can be many reasons why recovery is not possible; The Agency will have no liability to the Client in any of the following circumstances. A. inability to trace debtor; b. Debtor absconding; c. debtor having insufficient assets to satisfy any judgment; d. Insolvency of debtor; e. insufficient evidence to prove the debt; f. Debtors estate having insufficient assets.

16: TERMINATION OF CONTRACT : In any of the above circumstances the Agency will take no further action in relation to a particular debt but will report to the Client for further instructions with full details of all costs incurred by the Agency which have not been recovered from the debtor and which shall be payable by the Client. On payment of the agents invoice the debt will be assigned back to the client.

17: RESERVATION AND LIMITATION OF LIABILITY : The Agency shall not be liable in anyway whatsoever whether in contract, in tort, in misrepresentation or otherwise for consequential or other loss, damage or injury however caused which may arise out of or in connection with the supply of debt collection services. The Agency shall not be liable for any loss of liability arising directly or indirectly out of its acts or omissions or those of its agents or arising by reason of any delay in collection of debts, in accounting to the Client for sums received, or for any loss arising out of or related to the recovery of debts either in a foreign currency or from a foreign debtor due to variations in exchange rates, due to circumstances beyond the Agency\'s reasonable control.

18: THE AGENCY RESERVES the right to decline any instructions received from a prospective or previous client of the Agency and may within its absolute discretion terminate any existing agreement immediately upon notice in writing being given by the Agency to the Client. Notwithstanding the termination of its agreement by the Agency, the Client shall be and remain liable for all costs, fees, disbursements, agent’s fees and other charges incurred or payable by the Agency in connection with any instructions received from the Client as at the date of the said notice in writing. In the above circumstances or in the event of termination of this agreement at any stage by the Client the latter will be liable to pay to the Agency such sum which represents the fees or commission due to the Agency or such sum representing the fees as commission that the Agency would have received upon the conclusion of the matter being dealt with by the Agency. In the event that the Client fails to provide to the Agency such information as it reasonably requires in order to recover monies due under The Late Payment of Commercial Debts Client will be liable to pay to the Agency such sum as is equivalent to the monies that the Agency would have recovered under the said Act.

19: OTHERWISE SPECIFICALLY AGREED : in writing by the Agency, this agreement contains all terms agreed between the Agency and the Client, and supersedes any prior written or oral agreement between them and the parties confirm they have not entered into this agreement on the basis of any representations that are not expressly incorporated in this agreement. All representations, warranties or other terms implied by common law statute or otherwise are expressly excluded to the fullest extent permitted by law.

20: STORAGE OF DOCUMENTS: the Agency has only limited storage facilities. Accordingly, upon the conclusion of any matter the Agency reserves the right to destroy all records and documents, whether the property of the Client or not after a period of six months from the file being closed. The Agency will have no liability for any loss arising out of any such destruction. At any time before the expiry of this six month period the Agency will, upon receipt of a written request from the Client return the Client\'s documents at the Client\'s expense.