Terms and Conditions
1. Parties
1.1 This agreement is made between H R Project Management Ltd (The MOT Club) whose registered office is at Pembroke House Llantarnam Park Way Cwmbran Torfaen NP44 3AU (company registration number 05573816) and the Customer whose details are set out overleaf (the Customer)
2. Commencement and Duration
2.1 This agreement shall commence on the date hereof and shall continue for a period of 12 months or unless terminated in accordance with the provisions of clause 9. On the first and any subsequent anniversary of the date hereof this agreement shall continue unless at least one month’s notice in writing is given by the Customer to H R Project Management.
2.2 Early termination of the agreement during the initial contract period will result in the remaining cost of the contract period becoming immediately payable.
3. Supply of Services
3.1 H R Project Management Ltd shall supply software products and services in relation to the MOT scheme details of which are set out on the front page (the Service Agreement).
4. Supplier Responsibilities
4.1 H R Project Management Ltd will provide the Software which shall be free from defects under normal use.
4.2 No warranty is given that the operation of the Software will be uninterrupted or error-free. Any interruption or error identified will be remedied by H R Project Management Ltd using all reasonable endeavours within a reasonable time.
4.3 H R Project Management Ltd shall not be liable for any failure of the Software to provide any facilities or function not explicitly described or for any failure of the Software attributable to any modification (whether by alteration, deletion, addition or otherwise) by persons other than H R Project Management Ltd.
4.4 If a problem is found upon investigation not to be H R Project Management Ltd responsibility under clause 4, H R Project Management Ltd may charge the Customer immediately for all reasonable costs and expenses incurred by H R Project Management Ltd in the course of or in consequence of investigation.
4.5 H R Project Management Ltd will not be liable or responsible for any action taken by the DVSA against the Customer or loss earning as a result.
4.6 All customer data will be held securely, and any personal data will not be used for marketing purposes or sold to 3rd parties. MOT Tester personal data is required to be stored by the MOT Club in order to provide the services listed above, this information will be stored in accordance with GDPR legislation. To remain an active MOT Tester some MOT Tester information is passed on to the DVSA and the Awarding body.
5. Customer Responsibilities
5.1 The customer is required to send the name, address, VTS Number and key contact name and email address for each MOT Testing Centre to be covered by services detailed above.
5.2 The customer will be responsible for the data recorded in MOT Club Software. Only data relevant to MOT Scheme at each centre is to be recorded on the MOT Club Software.
5.3 The customer will be responsible for keeping the data stored on the MOT Club Software up to date, including adding and removing staff who have access to the data.
5.4 The customer will be required to provide the email address, name, date of birth and DVSA IDs for all MOT staff at each MOT Testing Centre in order for the supplier to effectively provide the services detailed above.
5.5 The customer must notify the MOT Club of any DVSA investigation or disciplinary action against the customer as soon as possible in order for the MOT Club to assist with defending and advising the customer.
6. Payment Terms
6.1 The Customer shall pay to H R Project Management Ltd the fees and charges set out in this agreement or otherwise as invoiced by H R Project Management Ltd from time to time. Where applicable, VAT and any other taxes, duties or levies will be paid additionally at the then prevailing rate.
6.2 All sums due under this agreement will be paid by the Customer within 28 days of receipt of the invoice or on the date specified by H R Project Management Ltd if sooner.
6.3 If any sum payable to H R Project Management Ltd under this agreement is in arrears for more than 14 days of the due date H R Project Management Ltd reserves the right without prejudice to any other right or remedy to;
6.4 Charge interest on any overdue sum on a day-to-day basis from the original due date until paid in full at the rate of 4% above the base lending rate Lloyds Bank or 6% whichever is the higher.
6.5 Suspend the provision of any support or other services on five days prior written notice.
6.6 The Customer will notify H R Project Management Ltd in writing within 14 days of receipt of invoice if the Customer considers such invoice incorrect or invalid for any reason and the reasons for withholding payment, failing which the Customer will raise no objection to any such invoice and make full payment in accordance with it.
6.7 H R Project Management Ltd will have the right to vary any periodic charge after 12 months from inception of this agreement by giving not less than one month’s prior written notice of such variation.
7. Proprietary Rights
7.1 The Customer will not acquire any title copyright or other proprietary rights to the Software.
7.2 The Customer shall notify H R Project Management Ltd immediately if the Customer becomes aware of any unauthorised access to use or copy of any part of the Software.
8. Limitation of Liability
8.1 H R Project Management Ltd total liability (whether in contract, tort including negligence or otherwise) under or in connection with this agreement based on any claim for damages, indemnity or contribution will not exceed the fees and charges payable by the Customer to H R Project Management Ltd over the period of twelve months prior to the making of the claim.
9. Termination
9.1 H R Project Management Ltd may terminate the use by the Customer of the Software and Services at any time by written notice to the Customer.
10. Assignment
10.1 This agreement is personal to the Customer and the Customer may not assign or otherwise transfer the rights or obligations under this agreement without the prior written consent of H R Project Management Ltd.
11. Notice
11.1 All notices which are required to be given under this agreement will be in writing and will be sent to the address of the recipient set out on the front page of this agreement or such other address as the recipient may designate by notice given in accordance with this clause. Any such notice may be delivered personally or by first class prepaid letter and will deemed to have been received;
– by hand delivery at the time of delivery
– by first class post 48 hours after the date of posting
12. Waiver
12.1 No delay or failure by either party to exercise any of its powers rights or remedies under this agreement will operate as a waiver of them nor will any single or partial exercise of any such powers rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing. The remedies provided in this agreement are cumulative and not exclusive of any remedies provided by law.
13. Governing Law
13.1 This agreement shall be construed in accordance with and governed by the laws of England and Wales in each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.
