Terms and conditions of service

Thank you for using commercialwastequotes.com. Please read these Terms and conditions carefully and in full before using our Service.

These terms govern the use of the Site that references these Terms and that is accessed through any mobile applications, platform or device. By accessing any part of the Site and by using any of the Services you signify that you have read, understood and agree to be bound by these Terms together with all policies posted on our site. We recommend reading the Terms in their entirety to ensure complete understanding of your rights, responsibilities and the conditions for use of the Services.

By using the Site, you represent that you are over the age of 18. We do not permit those under the age of 18 to use the Service.

If you do not agree to these Terms, any part of these Terms, or any policy on our Site, you should stop using our Site immediately.

1. DEFINITIONS

“Services”: the services provided by CWQ to which the Customer chooses to subscribe from time to time, which shall include the Price Comparison Service and the Sign Up Service.

“Site”: the website at www.commercialwastquotes.com

“CWQ” or “We” or “Us” or “Our”: means CWQ Ltd, a company incorporated and registered in England and Wales with company number 12915548 whose registered office is at 58 Rivermead Road, Exeter, England, EX2 4RL (“CWQ” or “Company”).

“Confidential Information”: shall mean all non-public information provided by one party to the other which is either identified as confidential at the time of disclosure or disclosed under circumstances that would cause a reasonable person to conclude that the information is confidential.

“Customer Agreement”: means the contract or agreement for the supply of commercial waste disposal services to the Customer by the Supplier

“Customers Current Supplier” or “Current supplier”: the Supplier currently responsible for supplying commercial waste disposal services to the Customer

“Customer” or “You: means any non-domestic commercial customer who CWQ agrees to supply any of the Services, the individual accessing or using the Site or the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable

“Intellectual Property Rights”: means any and all intellectual property rights, including without limitation; copyright, patents, rights in inventions, design rights, trademarks, service marks (in each case whether registered, unregistered or the subject of an application to register), moral rights, database rights, rights in computer programs, semi-conductor topographies, confidential information, trade secrets, know-how, business, trade and domain names, rights in goodwill and rights to bring a claim for passing off, unfair competition rights and all similar, like and analogous rights wherever held in the world and all extensions revivals and reversions thereof and, in each case, all equivalent forms of protection which subsist now or which subsist in the future

“Price Comparison Services” means the process by which CWQ will provide the Customer with impartial information on Suppliers’ prices in relation to the services and products offered by the Suppliers

“Supplier”: means any third party commercial waste disposal supplier of services that may be listed on the Site from time to time

“Supplier Services”: means the commercial waste disposal services supplied by Suppliers to Customers

“Sign-up Service”: means the process by which CWQ will facilitate the signing up of the Customer to the Supplier or assist in negotiations of the contract with the Customer’s Current Supplier

“Quotations”: means a quote provided to the Customer by CWQ on behalf of a Supplier which sets out the terms and prices upon which a Supplier may be prepared to supply the Supplier Services to the Customer

2. ACCESS TO OUR SITE AND LIABILITY

2.1 We will exercise all reasonable skill and care in providing the Services. However, where our provision of the Services is dependent on, or involves third parties, we are not able to guarantee or accept any responsibility for any failure or delay caused by such third parties (including without limitation Current Suppliers or Suppliers) or for any inaccurate, incomplete or unreliable information provided to the Customer by any third parties.

2.2 Whilst we try to ensure that all pricing information regarding Suppliers on our Site is correct, we do not warrant and exclude all liability in respect of the accuracy, completeness, fitness for purposes or legality of any information accessed as part of the Customer’s use of the Services or the Site.

2.3 Without limiting the foregoing, we do not guarantee that our Site, or any part of it, or any content on it, will always be:

(a) Available or uninterrupted;

(b) Free from errors or omissions;

(d) That the Service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses; scripts, trojan horse, worms, malware, timebombs or other harmful components;

2.4 At any time, we may suspend, withdraw, discontinue or change all or any part of our Site.

2.5 We (including our officers, directors, agents, affiliates, subsidiaries, parent companies, joint ventures, and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any losses suffered including loss of data, loss of profits, loss of revenue, loss of business, loss of opportunity, loss of goodwill, loss of reputation or business interruption or for any losses which are not reasonably foreseeable by us, arising directly or indirectly from the unavailability of our Site.

2.6 The Services are provided to you on an “as is” and “as available” basis with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind that the Services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

3. USE OF OUR SITE

3.1 In order to use any the Services the Customer must:

(a) Be a business that is resident in the UK;

(b) Be aged eighteen years or over (if a sole trader);

(d) Be able to provide CWQ with all such relevant information as CWQ may require in order to provide the Services to the Customer.

4. OUR SERVICES

Price Comparison Services

4.1 If the Customer opts for and CWQ agrees to provide the Price Comparison Services, CWQ will use all reasonable endeavours to negotiate and secure competitive prices for the Customer and will provide the Customer with any relevant Quotations. CWQ and the Supplier reserve the right to revise, amend or withdraw any Quotation at any time and will communicate with the Customer where such changes are made.

4.2 For the avoidance of doubt, a Quotation does not constitute an offer to the Customer and the terms of and validity period of Quotation will vary between Suppliers. The Customer’s acceptance of a Quotation constitutes a non-revocable offer by the Customer to engage the Supplier to provide the Supplier Services.

4.3 All offers shall be subject at all times to the Supplier’s acceptance and the Supplier shall be entitled to refuse said offer. An offer shall be accepted on the earlier of :

(a) The commencement of provision of the Supplier Services

(b) Written acknowledgement of acceptance of the offer by an authorised representative of the Supplier;

Sign-up Services

4.4 If the Customer makes an offer based on a Quotation and if the Supplier accepts the Customer’s offer, CWQ will provide the Sign-up Service which includes organising the Customer Agreement between the Supplier and the Customer for the supply of and purchase of Supplier Services. CWQ will not be responsible for any delay or failure caused by any Supplier or Current Supplier in relation to any sign up.

4.5 CWQ will arrange the Customer Agreement based on the information provided to it by the Customer. It is the sole responsibility of the Customer to ensure that all information they provide for completion of the Customer Agreement is accurate and complete.

4.6 Once the Customer Agreement is in final form, CWQ will send a summary of the key terms to the Customer. The Customer must check that all details are correct and must inform CWQ of any errors or amendments within 24 hours of receipt. For the avoidance of doubt, if the key terms are sent by email, they shall be deemed to have been received at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume.

4.7 If the Customer subsequently decides against receiving the Supplier Services from the Supplier, CWQ shall be entitled to charge the Customer an administration. Such fee shall be invoiced directly to the Customer and due for payment to CWQ within 30 days from the date on the invoice.

4.8 The Customer agrees that within reasonable time and by no later than 15 days prior to the last day upon which notice to terminate the Customer Agreement can be served by the Customer, the Customer shall contact CWQ so as to enable them to perform the Price Comparison Service again on behalf of the Customer. CWQ shall also be entitled, but not obliged to, contact the Customer for the same purpose.

4.9 The Customer agrees and accepts that in entering into a Customer Agreement, they will be contracting directly with the Supplier and not with CWQ. CWQ shall not be liable in any way to the customer for any transactions, or arrangements of any kind made between the parties to the Customer Agreement.

5. CHARGES

5.1 Save in respect of Clause 4.7 above, there is no fee due from the Customer to CWQ in respect of the Services. However, CWQ reserves the right to be entitled to charge for any of the Services and/or impose charges at any time in its sole discretion, upon reasonable notification to the Customer. If the Customer does not agree to such charges, the Customer shall be entitled to opt out of receiving the Services to which it had subscribed.

5.2 CWQ is remunerated directly by the suppliers and receives a commission for securing and finalising the contract between the Customer and the Supplier. This is usually by way of an uplift that is applied within the unit cost for your service. The cost of CWQ’s service is therefore included within the cost of the waste disposal contract that you agree with the supplier.

5.3 Where an initial term under a Customer Agreement comes to an end, CWQ may continue to receive commission from the Supplier where that Agreement is renewed or the supplier continues to provide Supplier Services to the Customer.

5.4 CWQ earns commission in order to provide you with the best possible and most comprehensive service. A Customer can request to be informed about the amount of commission CWQ earns as a result of its provision of Services by getting in contact with their CWQ account manager.

5.5 Without prejudice to CWQ’s other rights and remedies, if the Customer fails to pay when due any amount payable by it under or in connection with these Terms, it shall forthwith on demand by CWQ pay interest on the overdue amount from the due date until the date of actual payment (after as well as before judgment) at the rate of 8 per cent per annum or such percentage equivalent to the statutory rate of interest prescribed for judgments from time to time in place.

6. CUSTOMER OBLIGATIONS

The Customer undertakes and agrees with the CWQ to do the following:

(a) Co-operate with CWQ in all matters relating to the Services;

(b) Provide, in a timely manner, such information as CWQ may reasonably require, and ensure that it is accurate and complete in all material respects;

7. INTELLETUAL PROPERTY

7.1 All Intellectual Property Rights in the Site or the Services and/or materials provided to the Customer shall remain the property of CWQ and/or its licensors and any use or attempted use of the same shall constitute an infringement of CWS’s Intellectual Property Rights.

8. TERMINATION

8.1 Without affecting any other right or remedy available to it, CWQ may terminate or suspend the Services with immediate effect by giving written notice to the Customer if:

(a) the Customer commits a breach of any of these Terms which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 10 days after being notified in writing to do so; or

(b) the Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business.

8.2 The Customer agrees to indemnify, keep indemnified, defend and hold CWQ and its parent companies, subsidiaries, affiliates and each of their respective officers, directors, employees, owners, agents, suppliers, contractors, partners, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with any use by or conduct of the Customer in relation to any of the Services, any transactions, dealings or arrangements made with any third party as a result of using the Services or any breach of any of the provisions of these Terms or of any law or the rights of any third party.

8.3 Without affecting any other right or remedy available to it, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if:

(d) there is a change of control of the Customer.

8.4 On termination of the Contract for whatever reason:

(e) the Customer shall immediately pay to the Supplier all of the supplier’s outstanding unpaid invoices and interest and, in respect of the Services supplied but for which no invoice has been submitted, the supplier may submit an invoice, which shall be payable immediately on receipt;

(f) any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect; and

(g) termination of the Contract shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.

9. CONFIDENTIALITY

9.1 The Customer agrees that it shall at all times (during the term of any Customer Agreement, after its termination and whilst the Customer is in receipt of the Services from CWQ) keep confidential, and shall not use (other than strictly for the purposes of performing their obligations under these Terms) and shall not, without the prior written consent of the CWQ, disclose to any third party any Confidential Information, unless the information was public knowledge or already known to the receiving party at the time of disclosure; or subsequently becomes public knowledge other than by breach of these Terms; or subsequently comes lawfully into the possession of the Customer; or is agreed between the Customer and CWQ not be confidential or to be disclosable.

10. DATA PROTECTION

10.1 The Customer agrees that details including it’s name, address, payment card information may be submitted to a credit reference agency, and such data will be processed in accordance with CWQ’s privacy policy (here).

11. FORCE MAJEURE

11.1 CWQ shall not be in breach of these Terms or its obligations under these Terms nor be liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control including but not limited to natural disasters; pandemics; epidemics; national or international lockdowns; acts of war; explosion; destruction of equipment; prolonged breakdown of transport, telecommunication or information systems.

12. THIRD PARTY RIGHTS

12.1 Unless where expressly stated otherwise, these Terms do not give rise to rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of these Terms.

13. ASSIGNMENT

13.1 The Customer may not transfer, assign, charge or otherwise dispose of these Terms, or any of its rights or obligations arising under them, without CWQ’s prior written consent.

13.2 CWQ may at any time transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of its rights or obligations arising under them.

14. NO WAIVER

14.1 Failure or delay by a CWQ to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

15. SEVERENCE

15.1 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.

16. VARIATION

16.1 No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

17. Governing Law and Jurisdiction

17.1 These Terms are governed by the laws of England and Wales and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.

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