About Partners Terms & Conditions

1.1   CFMB Delivery Ltd is trading as VAN-247.

1.2   CFMB Delivery Ltd  incorporated and registered in England and Wales with company number 12876087 whose registered office is at 67 Burlington Road, Isleworth, Hounslow, London, Great Britain, TW7 4LX (“VAN-247”“CFMB Delivery”, “We” or “Us”).

1.3   VAN-247 (www.van-247delivery.com) provides a cost effective and efficient moving service for our customers. We do this by working with subcontractors such as yourselves (“Partner(s)” or “You”) who are committed to meeting the same high standards as VAN-247 .

1.4   The terminology CFMB Delivery and VAN-247 will be used interchangeably in the Terms and Conditions, both are of equal validity, CFMB Delivery referring to VAN-247 and vice versa.

1.5   You have reasonable skill, knowledge and experience in providing moving services and wish to become one of VAN-247’s Partners(Partner with us) on the terms contained in these Terms and Conditions.

1.6   These Terms and Conditions together incorporate the documents referred to in them (including the Code of Conduct, customer terms and conditions , Privacy Policy, driver terms and conditions and any other document or policy referred to in these Terms and Conditions) available on your Dashboard on the www.van-247delivery.com Partner Site create a binding contract between us on acceptance by us of your registration for a Partner Account (Agreement), please see clause 6.4 for further information regarding the services CFMB Delivery offer our customers.

1.7   When you accept a delivery job from CFMB Delivery you authorised CFMD Delivery to enter into a Contract with the client on your behalf in terms of the delivery of service. The Contract will govern your relationship with CFMB Delivery and also with the Client.

2. A Little Background About What We Do

2.1   VAN-247 are proud to offer their customers a great and cost effective service and help them with their move whether its two streets or 2,000 miles. We are able to offer this service by partnering with Partners like you who will offer the same standard of service that our customers have come to expect from us.

2.2   For an explanation as to how to receive notifications of Jobs and how to accept a Job please go to www.van-247delivery.com/drive/faq.

2.3   We look forward to welcoming you to the CFMB Delivery family but first we have to get through some legal stuff. If you have any questions at all please get in touch with us our Transport Team by telephone on 020 45523383 or email on transport@van-247delivery.com and one of our team will answer any questions you have.

2.4   Please read these Terms and Conditions if you have not yet set up a Partner Account (as defined below) with us you will be asked to confirm that you have read, understood and accepted these Terms and Conditions. If you are an existing Partner a copy of these terms will be sent to you and by continuing to use your Partner Account you confirm that you have read, understood and accepted these Terms and Conditions.

2.5   We require all of our Partners to maintain an user account (Partner Account) with Us. You will need to agree to these Terms and Conditions and then register your details and set up Your Partner Account. You must provide the requested details to us before we can start working with you. It is very important that information submitted by you is accurate and kept up to date at all times.

2.6   Please click on this link to our Privacy Policy, this sets out details relating to the data we will collect from You, how we will retain it and what we can and can’t do with it. When you sign the Partnership Account agreement  you confirm that You have understood and accepted to be bound by the Privacy Policy.

2.7   We may at any time make changes to these Terms and Conditions, any changes will be put on our website and these may also be emailed to you, if you don’t agree to the changes please notify us immediately in writing and you may be asked to terminate your Partner Account.

2.8   It is important to note that as a VAN-247 Partner you will also be bound by the Terms and Conditions in both our Private Customer Terms link and Business Customer Terms link please review these and confirm You understand them and accept them prior to setting up Your Partner Account if you are an existing Partner by continuing to use your Partner Account you confirm that you understand and accept to be bound by the Customer Terms and the obligations and duties you will have under the Customer Terms.

2.9   We reserve the right to terminate our Agreement with you at any time, if we do this we will notify you in writing. We don’t have to supply you with a reason if we do decide to terminate.

2.10   We don’t have to supply you with any jobs although of course we hope that we will.

3. How Does It Work?

3.1   Customers of VAN-247 will log onto our website www.van-247delivery.com and input the details of their job for more information on how to receive notifications about Jobs and to accept Jobs please go to www.van-247delivery.com/drive/faq; and/or

3.2   VAN-247 may also contact you directly regarding a specific Job.

4. What do we need from You?

4.1   Please provide us with the geographical location in which You can provide the services / undertake a Job, for example, if You can only travel a certain number of miles from where You are based please advise us of this. It is important to note that whilst you are undertaking a Job and at any time that you have notified us that You are available to accept a Job. VAN-247 shall be entitled to monitor your location via Our Driver App. This information regarding your location will be handled in accordance with Our Privacy Policy link.

4.2   We need a copy of your driver’s licence and evidence that you can provide the services under these Terms and Conditions in the United Kingdom.

4.3   Please ensure that all information provided whilst setting up your Partner Account is accurate and complete, if anything changes please immediately log into your Partner Account and update the information that you have supplied to us.

4.4   You must provide us with a copy of your insurance documentation and evidence that all premiums have been up to date in accordance with the Code of Conduct available on your App Dashboard.

5. Contact Details

Please ensure that all contact details supplied by you via your Partner Account are up to date and correct, these must include:

5.1   a valid email address;

5.2   a valid United Kingdom mobile number; and

5.3   a valid postal address in the United Kingdom.

It is your responsibility to ensure that any changes to the above information are communicated to us and inputted into your Partner Account.

6. Partner Account

6.1   We may terminate or deactivate your Partner Account at any time without notice to you and we do not have to supply you with a reason for this.

6.2   It’s important to note that you must not give access to your Partner Account to any third party without our express prior written approval, or give your password to anyone. You will be held responsible for any loss suffered by us as a result of this.

6.3   Examples of reasons for deactivation or termination of Partner Account can include the following: we suspect that you have been using your Partner Account in a way that’s not authorised by us, you have supplied Your password to a third party, we think the security of our www.van-247delivery.com website is at risk, we have received complaints about the services provided by you.

7. How we deal with Your Data

7.1   We are very careful about how we treat our Partners’ personal details, please review our Privacy Policy link. If You have any questions about this please contact transport@van-247delivery.com.

7.2   You will ensure that you and any of your staff that provide services to  VAN-247 in respect of a Job have provided their consent to their Data being dealt with in accordance with our Privacy Policy and you will provide a copy of this to them prior to them undertaking a Job or submitting any data to us. By allowing any of your Staff to access the Driver App you are confirming that they have been provided with a copy of the Privacy Policy and have given their consent to their data being handled in accordance with this. This includes providing consent to us making such data available to any company within our group of companies and to any of our advisors, regulatory authorities, governmental or quasi-governmental organisations and potential purchasers of CFMB Delivery, its business or any member of its group.

7.3   You will ensure that You and any of your staff that provide services to VAN-247 in respect of a Job have provided their consent to their Data to the transfer of such information to any of CFMB Delivery ’s (or any company within our group) business contacts outside the European Economic Area in order to further its business interests.

8. Provision of the Services

8.1   VAN-247 is not obliged to make available to you any minimum level or amount of jobs to be undertaken on behalf of CFMB Delivery for our customers (Jobs), nor are you obliged under these Terms and Conditions to perform any minimum level or amount of Jobs. Note that Jobs can either be single drop offs or multiple drop offs consolidated by us into a single journey (Consolidated Drop-off). Where you accept a Consolidated Drop-off in accordance with the terms below, for the avoidance of doubt, you will be obliged to complete all the individual drop-offs.

8.2   There are two main ways we provide you with Jobs and it is your responsibility to check the www.van-247delivery.com Partner Site and the Van-247 Partner App on a regular basis as set out below to select your Jobs.

8.3   Firstly, we list specific Jobs on the www.van-247delivery.com Partner Site and van-247 App which you will need to check on a regular basis. If a Job is of interest to you then click to confirm whether you wish to accept a specific Job. Additionally you may receive from Van-247 email notifications, SMS notifications, and telephone calls from the Van-247 team regarding Jobs we have available. Once you have confirmed that you wish to accept a specific Job as set out above, then the Job will be allocated to you and you will ensure to undertake the Job within the agreed time limits set out in the description of the Job and in accordance with our CFMB Delivery Code of Conduct available on the www.van-247delivery.com Partner Site.

8.4   The second way Jobs are allocated is via our “Express Interest” allocation method. Certain Jobs will be advertised on the www.van-247delivery.com Partner Site for a set period of time as we determine and you are able to express an interest in doing one or more of these Jobs together with other Transport Partners. Based on the number of applicants received, VAN-247 will then use an algorithm to select the most appropriate Transport Partner for each individual Job. If you are selected for the Job, you will be notified accordingly by us and you will then be obliged to carry out the Job. There is absolutely no obligation on us to select you for any Job via the Express Interest allocation method.

8.5   It should be noted that CFMB Delivery offers services to both business link and private link customers. (Customer T&C). If you are providing services to private customers you will contract with them directly and VAN-247 will only be acting as a disclosed agent for you. A “disclosed agent” means that we are not the principal and that by the customer entering into the Contract with VAN-247, they do so on the basis that they are aware that we are acting as agent for you / a partner who will be carrying out the Services for them. You hereby authorise VAN-247 to enter into the Customer T&C with the customer on your behalf and to arrange the services as an agent. The Customer T&C / Contract governs CFMB Delivery ’s relationship with the Customer but also your relationship with the Customer.

8.6   If you provide services to business customers it will be on the basis of VAN-247 acting as principal and you are subcontracted by Us to provide the services.

8.7   When accepting any “Click and Claim” Job we will ask you to tick a tick box to confirm that you are aware that the Services you are providing are to a business customer or a non-business customer.

9.What if You can’t undertake the Job?

9.1   If for any reason you can’t undertake the Job or any issues arise in respect of the Job, You must immediately inform us. For the avoidance of doubt, you will not be paid if you cannot undertake the Job.

9.2   If you subsequently advise us that you are unable to undertake and / or complete a Job that you have accepted and has been allocated to you, CFMB Delivery may at its discretion charge you a reasonable sum to cover VAN-247’s losses as a result of your failure to undertake and / or complete the Job.

9.3   If you attend a customer’s premises but you are unable to undertake a Job as a result of the customer’s error you may be entitled to receive an “attendance fee”.

9.4   Please refer to the Code of Conduct for details relating to charges and attendance fees.

9.5   If you unlawfully hold / retain a customer’s goods you will indemnify VAN-247 in respect of any losses suffered by us as a result of this.

9.6   If you commence a Job but do not complete the Job then you will be in breach of this agreement and VAN-247  will not be liable for any loss suffered as a result of this. You will fully indemnify VAN-247 for any loss suffered by us as a result of your failure to complete a Job.

10. What Other Obligations do You have under these Terms and Conditions

10.1   In addition to the obligations and duties referred to in these Terms and Conditions You will also:

10.1.1   undertake any Job with all due care, skill and ability and use your best endeavours to promote the interests of CFMB Delivery;

10.1.2   provide to us any information that we reasonably request about a Job;10.2   You must ensure that all of your drivers hold a valid United Kingdom drivers licence, the correct licence for the vehicle driven and fully comprehensive insurance. A copy of the insurance policy must be supplied to us on request. The insurance must:

10.1.3   be maintained in force throughout the term of this Agreement and all premiums must be paid up to date; and

10.1.4   be taken out with a reputable insurance company, we have the right to terminate or suspend your Partner Account if we are not satisfied with your insurance and / or the level of cover.

10.1.5   You must immediately notify us if your insurance lapses or is terminated for any reason or the amount of cover is reduced.

10.1.6   If the delivery requires additional licences or consents to enable the delivery to be made, then you must ensure that you and your drivers have such additional licences and consents and provide copies to us on request.

10.2    You will make sure that all of Your staff comply with all reasonable standards of safety and ensure that You have in place for Your staff a comprehensive health and safety policy in respect of any services provided in accordance with these Terms and Conditions.

10.3    You hereby agree and will procure the agreement of Your staff who undertake any Jobs to comply with Your obligations under the CFMB Delivery Customer Terms and Conditions link.

10.4    Any complaints, damages and issues of dissatisfaction received by you from a customer of CFMB Delivery should immediately be reported to a member of our Transport Team and in any case no later than 24 hours after the complaint was received by you.

11. Your Vehicle

11.1   If you accept a Job you must supply your own vehicle (and if required staff) for the purposes of undertaking the Job. It is very important to us to make sure that our customers are getting the best service and so at all times when undertaking a Job you must ensure that your vehicle:

11.1.1   is clean;

11.1.2   is in a good state of repair;

11.1.3   is roadworthy;

11.1.4   if applicable has an up to date MOT certificate;

11.1.5   has up to date road tax; and

11.1.6   has fully comprehensive insurance in accordance with the terms set out in these Terms and Conditions.

11.2   You are responsible for all and any charges, penalties and fines relating to your vehicle whilst undertaking a Job (this includes travel to and from the Job), including but not limited to parking charges, congestion charges, ferries, tolls, weight charges and traffic offences.

12. You and Your Staff

12.1   It is Your responsibility to ensure that:

12.1.1   You have sufficient staff if required to undertake a specific Job you have accepted;

12.1.2   Your staff comply with any terms of these Terms and Conditions which apply to them, in particular in respect of clause 5. ( Data protection) and our Code of Conduct;

12.1.3   You and all of your staff comply with all reasonable standards of safety and that you have in place in respect of any Jobs that you undertake a comprehensive health and safety policy in force;

12.1.4   You will and will ensure that your staff comply with all applicable laws and regulations relating to anti bribery and anti-corruption including but not limited to the Bribery Act 2010 and that whilst you are providing services under these Terms and Conditions you maintain your own policies relating to this;

12.1.5   You confirm that you will not provide access to the Driver App to any of your Staff or permit them to undertake a Job until such time as you have provided to them a copy of these Terms and Conditions together with all documents referred to in them and they have provided their confirmation to you that they agree to be bound by these. You will be responsible for the acts of any of your Staff if they accept / undertake a Job.

12.1.6   You will ensure that during the provision of the services under these Terms and Conditions neither you nor your staff are at any time under the influence of drugs or alcohol;

12.1.7   You and your staff during the term of this Agreement shall take all reasonable steps to offer (or cause to be offered) to CFMB Delivery  any opportunities of which you or your staff become aware of whilst undertaking any services under this Agreement which relate to the business of CFMB Delivery and services that we could supply or arrange to have supplied to customers or which we reasonably believe would be of benefit to us or any member of our group, as soon as practicable after it comes into your knowledge nor will you / your staff solicit or attempt to solicit any of CFMB Delivery’s customers.

12.1.8   You confirm that:

12.1.8.1   You are an independent contractor in business on Your own account;

12.1.8.2  both you any of your staff undertaking a Job have the right to reside and work in the United Kingdom and have all necessary visas, licences and permits allowing them to do so;

12.1.8.3  You and any of your staff undertaking a Job have and will continue to hold during the term of the Agreement between us, a valid driver’s licence with the correct licence code which permits them to drive the vehicle they are using for deliveries in the United Kingdom, you will immediately notify us if this ceases to be the case;

12.1.8.4  You will account to HMRC and other appropriate authorities for any income tax or national insurance contributions due in respect of sums payable in connection with this Agreement;

12.1.8.4  You will declare to us whether you are VAT registered and advise us immediately of any changes to your VAT status.

12.1.9  nothing in these terms and conditions shall prevent you or any of your staff from being engaged, concerned or having any financial interest in any capacity in any other business, trade, profession or occupation during the term of the Agreement between us, provided that such activity does not cause a breach of any of yours and / or your staff’s obligations under these terms and conditions;

12.1.10  You will not and you will procure that none of your staff (except in the proper course of yours or their duties under these Terms and Conditions) at any time including following termination of any Agreement between us, use or disclose to any third party any confidential information about us or any of our customers (including but not limited to customer names, addresses, contact details, technical data and knowhow relating to our business or that of our customers, agents or partners and including any information you receive or create whilst undertaking the services contemplated by these Terms and Conditions including job sheets etc). You can disclose any confidential information if you are required to do so by law or with our prior written approval;

Unless it has been specifically authorised by CFMB Delivery in advance in writing you (and you shall procure that none of your staff):

12.1.10.1  incur any expenditure in the name of or for the account of CFMB Delivery;

12.1.10.1 do not hold yourselves out as having authority to bind CFMB Delivery ;

12.1.10.1 accept any payment from any customer of CFMB Delivery in relation to any services provided in accordance with these Terms and Conditions, all payments must be made directly to CFMB Delivery ;

12.1.10.1 agree any changes to any Job or services provided, these must be pre-agreed with CFMB Delivery .

13. Our Reputation and Our Intellectual Property

13.1   Our reputation is really important to us. We make a huge effort to make sure that our customers receive excellent service from us and our partners. You will not make, directly or indirectly, any detrimental or derogatory comments about VAN-247 , its officers, employees, business partners (including other moving companies and other partners, either verbally or in writing, including in particular but not limited to any social media platform or forum. A failure to comply with this provision shall be considered to be a material breach of these Terms and Conditions.

13.2   Any intellectual property (including but not limited to copyright, trademarks, business names, domain names, trade dress, goodwill, know-how, trade secrets and any other intellectual property rights whether registered or unregistered) remain in the ownership of CFMB Delivery. You agree to indemnify us and keep us indemnified at all times against all or any costs, claims, damages or expenses incurred by CFMB Delivery, or for which CFMB Delivery may become liable, with respect to any intellectual property infringement claim or other claim relating to this.

14. Fees, Additional Charges, attendance fees and Payment

14.1   CFMB Delivery shall only reimburse reasonable additional charges directly and necessarily incurred by you (or your staff as applicable) during the term of the Agreement between us, this is subject to the production by you to us of receipts or other appropriate evidence of payment and which have been agreed with CFMB Delivery in advance of being incurred (Additional Charges).

14.2  In the event that a Job finishes far from your departure point, CFMB Delivery may, as we determine at our sole discretion, pay additional petrol costs, increase the hourly rate, pay additional hours outside of the standard terms or agree to an additional one off payment.

14.3  If You or any of your staff are required to travel abroad whilst undertaking a Job You will be responsible for any necessary insurances and immigration requirements.

14.4  You / your staff, at your discretion may keep any tips or gratuities paid to you directly by any of VAN-247’s customers in respect of any Jobs undertaken by you.

14.5  VAN-247 makes payments of sums due to our Partners once a week and only in respect of completed Jobs (Fees) together with Additional Charges and attendance fees (if applicable in accordance with clause 7).

14.6  All prices for the Jobs listed on our website are exclusive of VAT.

14.7  Once you have completed a Job please click on the Site / Driver App where indicated to confirm that the Job is completed within 7 days from the date it was undertaken. This will automatically create and submit your invoice to CFMB Delivery. If You have properly notified us that you are VAT registered together with your registered VAT number then CFMB Delivery will add VAT to the invoice. If you have not informed us that you are registered for VAT then the invoice will not contain any VAT.

14.8  CFMB Delivery will endeavour to pay such invoices within 14 days of the date that they are submitted.

14.9  If you do not submit your invoice within 7 days of completion of the Job CFMB Delivery is not obligated to pay the invoice until 90 days from the day it is submitted.

14.10  In the event You register for VAT at a later date CFMB Delivery will not back date any invoices previously issued to then include VAT. All such previous invoices will be deemed to have included VAT.

14.11  CFMB Delivery shall be entitled to deduct from any sums due to you and sums that you may owe to CFMB Delivery. You must pay CFMB Delivery any sums due to them in full without any set-off.

14.12  Payment in full or part of any of the Fees, attendance fees or Additional Charges shall be without prejudice to any claims or rights of CFMB Delivery against You in respect of the provision of any services by you under these Terms and Conditions.

14.13  Please note that in respect of any Click and Claim Jobs (as defined in the Code of Conduct) payment must be paid directly to CFMB Delivery and you will be in material breach of this agreement if you accept any payment from the customer in respect of these types of Jobs.

15. Liability and Indemnity

15.1   You will indemnify CFMB Delivery and keep CFMB Delivery indemnified against any claim or demand made against CFMB Delivery in respect of Your staff in relation to any income tax, value added tax, any other tax or national insurance or social security contributions due on fees payable under these Terms and Conditions and against any interest or penalties imposed in connection with any such tax or contributions.

15.2   You shall have liability for and shall indemnify CFMB Delivery (and any group company) for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from any breach by you of these Terms and Conditions including any negligent or reckless act, omission or default in the provision of the services under these Terms and Conditions. CFMB Delivery may at its option deduct from any payments due to you such amounts arising under the indemnities in this clause 13.1.

15.3   CFMB Delivery shall have no liability for any services undertaken by you not in accordance with the Agreement. For example if you undertake additional services for the customer without our prior agreement you will be paid the Fee that was agreed for the Job on the date of acceptance by you.

15.4   CFMB Delivery shall have no liability for any damage or loss caused to any customer’s goods transported by you during a Job.

15.5   Should a Customer file a complaint within 7 days of receiving a Delivery service from yourself,  booked through VAN-247, you may be held liable for damages claimed by the Customer; reasonable compensation payable to the Customer will be agreed between yourself and the VAN-247 senior representative, the VAN-247’ s representative decision will be  final .

16. Termination

16.1   CFMB Delivery may terminate the Agreement with immediate effect without notice to You and without any liability to make any further payment to you (other than in respect of amounts accrued prior to termination if at any time:

16.2   You commit any gross misconduct affecting our business or that of any of our group companies;

16.3   You commit any serious or repeated breach or non-observance of the provisions of this Agreement or you refuse or neglect to comply with any reasonable and lawful directions of VAN-247;

16.4   You are in our reasonable opinion negligent or incompetent whilst undertaking any services under this Agreement;

16.5   (if you are a corporate body) you make a resolution for your winding up, makes an arrangement or composition with its creditors or makes an application to a court of competent jurisdiction for protection from its creditors or an administration or winding-up order is made or an administrator or receiver is appointed in relation to you;

16.6   You breach any of our policies or procedures including our Code of Conduct;

16.7   You commit an offence under the Bribery Act 2010;

16.8   CFMB Delivery decides to terminate the Agreement;

16.9   CFMB Delivery’s rights under clause 14.1 are without prejudice to any other rights that we have at law to terminate this Agreement or to accept any breach of this Agreement on your part as having brought this Agreement to an end. Any delay by CFMB Delivery in exercising its rights to terminate shall not constitute a waiver of these rights.

16.10   On termination of this Agreement for any reason You shall:

16.10.1   immediately deliver to CFMB Delivery any property that we have supplied to you or you have received from us or our customers during the course of this Agreement including confidential information, livery, uniform];

16.10.2   no longer represent yourself as being connected in any way with the business of CFMB Delivery .

17. Status

17.1   The relationship of you to CFMB Delivery will be that of independent contractor and nothing in this agreement shall render you or any of your staff, an employee, worker, agent or partner of CFMB Delivery and you nor any of your staff shall not hold yourselves out as such.

 17.2   The wording ‘Partner’ and ‘Apartment Agreement’ used in the Terms and Conditions is for reference only to the parties working together.  The wording,  is not intended, nor can it be construed under the legal definition of Partnership; there are no joint  and several liability being created nor an equal share of profit and losses, the full provisions regarding appointment, termination, liability and remuneration of these Terms and Conditions will be fully applicable. 

17.3   This Agreement constitutes a contract for the provision of services and not a contract of employment and accordingly you shall be fully responsible for and shall indemnify CFMB Delivery [or any Group Company] for and in respect of:

17.4   any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with either the performance of the services under this Agreement or any payment or benefit received by its staff in respect of the services under this Agreement, where such recovery is not prohibited by law. You shall further indemnify CFMB Delivery against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by CFMB Delivery in connection with or in consequence of any such liability, deduction, contribution, assessment or claim;

17.5   any liability arising from any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by any member of Your staff against CFMB Delivery arising out of or in connection with the provision of the services under this Agreement.

17.6   CFMB Delivery may at its option satisfy such indemnity (in whole or in part) by way of deduction from payments due to you.

17.7   You warrant that you are not nor will you prior to the cessation of this agreement, become a managed service company, within the meaning of section 61B of the Income Tax (Earnings and Pensions) Act 2003.

18. No Waiver

No failure or delay by VAN-247 in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by VAN-247 of a breach of any provision of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

19. Relationship of the Parties

Nothing in the Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between CFMB Delivery and you other than the contractual relationship expressly provided for in the Agreement.

20. Third Party Rights

No part of the Agreement shall confer rights on any third parties and accordingly the Contract (Rights of Third Parties) Act 1999 shall not apply to the Agreement unless expressly stated in this Agreement that a third party has certain rights.

21. Notices

21.1   All notices under the Agreement shall be in writing or verbal (by telephone) (please note all of our calls are recorded for training and monitoring purposes) and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice or if verbal (by telephone) to one of VAN-247’s staff members.

Notices shall be deemed to have been duly given:

21.1.1   when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or

21.1.2   when sent, if transmitted by  e-mail and a successful transmission report or return receipt is generated; or

21.1.3   on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or

21.1.4   on the tenth business day following mailing, if mailed by airmail, postage prepaid.

21.1.5   In each case notices shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.

22. Entire Agreement

22.1   The Agreement contains the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.

22.2   Each Party shall acknowledge that, in entering into the Agreement, it does not rely on any representation, warranty or other provision except as expressly provided in the Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

23. Severance

In the event that one or more of the provisions of the Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Agreement. The remainder of the Agreement shall be valid and enforceable.

24. Mediation

24.1   If any dispute arises in connection with this agreement, the parties agree to enter into mediation in good faith to settle such a dispute and will do so in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties within 14 business days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing (ADR notice) to the other party to the dispute, referring the dispute to mediation. A copy of the referral should be sent to CEDR.

24.2   Unless otherwise agreed, the mediation will start not later than 28 business days after the date of the ADR notice. No party may commence any court proceedings in relation to any dispute arising out of this agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay.

25. Law and Jurisdiction

25.1   The Agreement and these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

25.2   Any dispute, controversy, proceedings or claim between the Parties relating to the Agreement or these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

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