Terms & Conditions

1. DEFINITIONS 1.1
The Terms and Conditions governing the provision of private hire booking and/or account services provided by Blueback Ltd or its subsidiaries with the exclusion of any other oral or written statement or agreement whatever its legal character.
1.2 In this contract:-
a. “The Company” means Blueback Ltd or its subsidiaries.
b. “Service” means the provision of the services referred to in clause 1.1 above and further contained herein.
c. “Charges” means the total charges as set out in clause 2 hereof.
d. “The Customer” means a company or individual who completes an application with the company for the service.
e. “Invoice” means an invoice for the total of the charges delivered by the Company to the Customer.
f. “Invoice Balance” means the total of the charges for the relevant period including administration charges.
g. “Journey” means a journey undertaken by, for or on behalf of a Customer of the Company
h. “Tariff” means the tariff for the Journey calculated according to the standard Blueback rates (as varied from time to time) which are published on the website www.blueback.com and are available on request from the company. The company may at its sole discretion vary the Tariff from time to time but the Tariff will not exceed that calculated according to the published standard rates (as varied from time to time) without prior notification.

2. CHARGES
The Customer agrees to pay to the Company, for all journeys undertaken by a private hire vehicle provided by the Company, the Tariff applicable at the time of each relevant journey or agreed rate otherwise determined prior to the journey with the Company plus all other agreed charges including any applicable administration charges.

PLUS
All local and other taxes (including Value Added Tax) at the rate determined by the Company or the appropriate tax authorities.

2.5 The Customer hereby acknowledges that when booking a private hire vehicle they agree to pay to the Company the charges provided herein on receipt of the Invoice from the Company.

2.6 At the time of booking it may be agreed that settlement can be made directly to the Driver in cash or to the Company by Credit Card (“Cash Journey ” or “Credit Card Journey”). In these circumstances the Customers liability to the Company for the Tariff remains until such payment is received in full either by the Driver (Cash Journey) or the Company (Credit Card Journey) as may be the case.

3. THE RIGHTS AND POWERS OF THE COMPANY
3.1 The Company reserves the right to:-
a. Alter any account number or security code number or the Invoice limit at any time and notify the Customer of such changes.
b. Change the rules or instructions concerning the use of any part of the Service from time to time and to notify the Customer accordingly.
c. Temporarily suspend the Service to the Customer wholly or in part in the security or quality of Service or in the interest of the Customers or if the Invoice limit is exceeded.
d. Suspend or temporarily suspend the Service in the event of communication failure.
e. Decline the Service unless the Company is at its own discretion satisfied that the proper security procedures have been followed and shall not be liable in any way for refusing the Service under these circumstances.

3.2 The use of the word Blueback and any printed material or design are copyright to the Company or its subsidiaries and the ownership of such material shall remain with the Company or its subsidiaries.

4. PAYMENT OF INVOICES
Subject to any other written agreement between the parties hereto:
4.1 Invoices will be delivered twice monthly.
4.2 The Customer agrees to pay the Invoice Balance in full within 14 days of the date of such invoices.
4.3 The Company shall be entitled to charge interest on the balance of any account remaining unpaid for a period of more than 14 days at the rate of 10% per annum.

5. INVOICE LIMIT
At the time of opening an account the Company will set a limit on the total amount outstanding (the “Invoice Limit”). The Company will refuse to accept any further business in the event of this being exceeded. It will be the duty of the Customer to ensure that the use of the Service is operated within the Invoice Limit. However the Company is not under a duty to the Customer to limit the Service to the Invoice limit and if in their absolute discretion the Company should continue to provide Service over and above the Invoice limit the full amount due to the Company shall be payable by the Customer notwithstanding that the Invoice limit may have been exceeded.

6. TERMINATION
The Service provided by the Company may be terminated as follows:-
6.1 By either party giving the other 7 days written notice.
6.2 Immediately if the Customer (without prejudice to any other rights or remedy of the Company):-
a. Fails to pay when due any sums payable.
b. Commits any act of bankruptcy or compounds with his creditors or a Petition or Receiving Order in Bankruptcy is presented or made against the Customer or a Petition for an Administration Order is presented in relation to the Customer or Resolution or Petition to wind up the Customer is passed or presented (otherwise than for reconstruction or amalgamation) or a Receiver or Administrative Receiver is appointed.
c. Fails to observe or perform or breaches any of the Terms and Conditions set out herein.
6.3 Any waiver by the Company of any breach by the Customer of these Terms and Conditions is limited to that particular breach. No delay by the Company to act upon a breach shall be deemed a waiver.

7. DISPUTES
7.1 In the event of any dispute concerning the calculation by the Company of its charges such dispute shall be notified to the Company by the customer within 14 days of the Invoice (time being of the essence). In the event of no such notification being received by the Company the Customer shall accept the amount as being properly due and calculated and shall not be entitled to dispute the sum in any way whatsoever.
7.2 Any dispute arising under the Terms and Conditions which does not involve a complicated issue of law shall be referred in the first instance to arbitration.

8. LIMITATION OF LIABILITY
8.1 The Company has no obligation, duty or liability in contract tort for breaches of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care.
8.2 Whereas the Company shall take every reasonable care to ensure that it will only supply licensed vehicles driven by Licensed Drivers subject thereto:
a. The Company takes no liability whatever whether in contract tort (including negligence or breach of statutory duty) or otherwise acts of omissions on the part of the private hire driver assigned to the Company.
b. In any event in no circumstances shall the Company be liable in contract tort (including negligence or breach of statutory duty) or otherwise for loss (whether direct or indirect) of profits, business or anticipated savings or for any indirect or consequential loss whatever.
8.3 In any event in no circumstance shall the Company be liable in contract tort (including negligence or breach of statutory duty) or otherwise acts of omissions of other parties in particular the providers of services by sub-contractors
8.4 Each provision of this paragraph is to be construed as a separate limitation applying and surviving even if for any reason one or other of the said provisions is held as incapable or unreasonable in any circumstances and shall remain in force notwithstanding termination of the Service.

9. VARIATION
The Company may from time to time amend these Terms and Conditions and shall as soon as possible forward a copy of the same to the Customer. The Customer shall then have 21 days from the date of being sent such variations to decline the same and to terminate the Service but in the absence thereof they will be bound by such variations and shall not thereafter be entitled to dispute the same whether or not they apply to the rate of charging or otherwise.

10. SERVICE OF NOTICES
Any notice to be served on either party by the other shall be in writing delivered by hand or sent by prepaid post to the last known address of the addressee. It is the duty of each party to notify the other of the appropriate address and reference. The date of delivery of such notice shall be deemed to be the next working day after evidence of posting.

11. SEVERANCE
Any Terms and Conditions contained herein which in any way contravene the law of any state or region including the law of the European Economic Community in which the service operates shall in such state or region to extent of such contravention of law be deemed severable and shall not invalidate any other Terms and Conditions hereof.