Shredding Terms & Conditions

AGREEMENT FOR THE SUPPLY OF CONFIDENTIAL DOCUMENT DESTRUCTION SERVICES

IT IS HEREBY AGREED AS FOLLOWS:

The Company agrees to supply to the Customer and the Customer agrees to purchase from the Company the services specified below ("the Services") in accordance with this Agreement and the General Terms and Conditions below.

The Services shall mean: the supply of empty sacks by the Company as purchased by the Customer and destruction of paperwork presented by the Customer in the supplied sacks.

GENERAL TERMS AND CONDITIONS Confidential document destruction services

• 1. These Terms

  • 1.1 These are the terms and conditions on which we supply services to you.
  • 1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

• 2. Information about us and how to contact us

  • 2.1 We are Yellow Tomato LLP, a limited liability partnership established in England and Wales. Our company registration number is OC320062 trading as HomeShred with offices at Scarletts Business Park, Padlock Road, West Wratting, Cambridge, CB21 5LS Our registered VAT number is 883 6583 73.
  • 2.2 You can contact us by calling our customer service team on 01223 299012 or by writing to us at Shredding@SecureHomeShred.co.uk or HomeShred, Unit 1 Scarletts Business Park, Padlock Road, West Wratting, Cambridge, CB21 5LS.
  • 2.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

• 3. Definitions

  • 3.1 "the Agreement" means the agreement set out below between the Company and the Customer for the supply of Services and which incorporate these General Terms and Conditions.
  • 3.2 "the Company" means Yellow Tomato LLP trading as HomeShred.
  • 3.3 "the Customer" means you.
  • 3.4 "Charges" means the fee specified.
  • 3.5 “Data Subject” an individual who is the subject of Personal Data.
  • 3.6 "Materials" means all paper items presented by the Customer for destruction and/or recycling as part of the Services.
  • 3.7 “Personal Data” has the meaning set out in section 1(1) of the Data Protection Act 1998 and relates only to personal data, or any part of such personal data, in respect of which the Customer is the Data Controller and in relation to which the Company is providing services under this agreement.
  • 3.8 “Processing and process” have the meaning set out in section 1(1) of the Data Protection Act 1998.
  • 3.9 "Services" means the services as described more fully at clause 5.
  • 3.10 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

• 4. Whole Contract

  • 4.1 These General Terms and Conditions apply to all Services provided to the Customer by the Company during the duration of the Agreement.
  • 4.2 No other terms and conditions referred to by the Customer or contained in any order, letter of acceptance or other document prepared by the Customer shall apply to the Agreement.
  • 4.3 The terms of the Agreement shall not be waived or amended except by written agreement between the Company and the Customer stating that such amendment is intended. No person other than the agreement signatory or other officer duly authorised in writing by the Company for this purpose has authority to agree any such amendment on behalf of the Company.

• 5. The Services

  • 5.1 The Services shall include:
    • 5.1.1 Supply and delivery to you of sacks to be filled by you.
    • 5.1.2 Handling at our drop off location.
    • 5.1.3 Transfer of your shredding from the drop off location to our facility.
    • 5.1.4 Our unique Online tracking capability;
    • 5.1.5 Shredding your sack and contents;
    • 5.1.6 Recycling the paper in UK tissue mills; and
    • 5.1.7 Sending you a certificate by email.
  • 5.2 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
  • 5.3 If we are unable to accept your order or if after accepting your order we are unable to fulfil all aspects of it, we will inform you of this in writing and will not charge you. This might be because the shredding sacks are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the products or services, because a drop off location becomes no longer available or because we are unable to collect and shred your paperwork within a reasonable time, such timing to be determined at our discretion.
  • 5.4 We give every sack a unique-numbered barcode, and assign the barcode to you when we accept your order. It will help us if you can tell us the barcode whenever you contact us about your order.
  • 5.5 We only sell to the UK. Our website is solely for the promotion of our products and services in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

• 6. Charges

  • 6.1 Unless otherwise stated all quotations and charges for Services are expressed inclusive of Value Added Tax.
  • 6.2 The Company shall be entitled at any time and from time to time to adjust the charges specified in the Agreement to reflect:
    • 6.2.1 any increase or reduction in destruction/baling/recycling costs occurring after the date hereof where the charges for the Services include charges for such costs;
    • 6.2.2 where the Customer requires additional services to be performed by the Company that are not included in the current Agreement; or
    • 6.2.3 the Customer alters other material aspects of the Contract arrangements or matters material to the provision of the Services by giving to the Company not less than 21 days’ prior notice in writing.

• 7. Invoicing and Payment

  • 7.1 The Company shall not provide any Services to the Customer (including the dispatch of the shredding sacks) until payment in full has been received for the Services. Payment will only be accepted through the payment portal available on the Company’s website.

• 8. Title and Risk

  • 8.1 Title to the shredding sack/s shall pass to you once we have received payment in full.
  • 8.2 The Customer accepts all liability for the delivery of the Materials for destruction to the Company’s designated drop off location.
  • 8.3 The Company will not accept responsibility for Materials presented for destruction unless the Customer notifies the Company that the Materials have been presented in the relevant sacks and delivered to a drop off location for transfer to the Company and such drop off has been registered by the Customer on the HomeShred website. The sack/s shall be left at the drop off location at the Customer’s risk and the Customer acknowledges that the Company shall not have any liability for the sack/s or the Materials until the Company is in possession of the sack/s or the Materials.

• 9. Materials

  • 9.1 The Customer agrees that the Company is only obliged to provide the Services in relation to the processing of paper for destruction and subsequent recycling.
  • 9.2 In the event that non-conforming waste is received (ie. dangerous or hazardous materials or waste other than approved Materials), the Company will contact the Customer to inform them and agree the method of disposal. The Company reserves the right to levy a surcharge on receipt of non-conforming waste (whether general, special or clinical waste), and the Customer accepts its responsibility to pay such surcharge, to cover the costs of appropriate disposal.
  • 9.3 Where non-conforming materials are identified, the Company reserves the right to defer destruction until the non-conforming material is removed by the Customer or agreement is reached with the Customer for its disposal upon payment of a surcharge. Should any disposal not be agreed, or where the Customer is unable to be contacted, or should the Customer not remove such non-conforming material within two weeks of being notified, the Company shall deliver the waste to the Customer’s address.

• 10. Liability

  • 10.1 The following provisions set out the Company’s entire liability (including any liability for the acts and omissions of its employees, agents or sub-contractors) to the Customer in respect of any breach of its contractual obligations arising under this Agreement and any representation, statement or tortious act or omission, including negligence, arising under or in connection with this Agreement.
  • 10.2 The Company shall in no circumstances be liable in contract, tort (including negligence or breach of statutory duty) or otherwise for any loss of profit, business contracts, revenues or anticipated savings or for any special, indirect or consequential loss whatsoever.
  • 10.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are as described and match information we provided to you; of satisfactory quality; fit for purpose; and for defective products under the Consumer Protection Act 1987.
  • 10.4 If notwithstanding the provisions of this Clause 10, the Company shall by reason of any negligence or breach of contract or statutory duty by it incur any liability to the Customer greater than that for which provision is made herein, the amount of loss or damage recoverable from the Company shall be limited to the price of the Services issued in respect of such order PROVIDED ALWAYS that if such liability is specifically covered by and indemnified against under the terms of the Company’s insurance policy, the Company’s liability shall be limited to the extent of the indemnity provided under such policy at such time. Should for any reason whatsoever the insurer not admit or accept liability in respect of any claim under the said policy, the Company shall have no liability whatsoever to the Customer as per the terms and conditions of any such insurance policy to the same extent as if it were the insured party and without limiting the generality of such acknowledgement shall notify any claim to the insurer within the time limits imposed by the said policy for the notification of claims.

• 11. Force Majeure

  • 11.1 For the purposes of this Agreement, the expression "Force Majeure" shall mean any cause affecting the performance by the Company of its obligations arising from acts, events, omissions, occurrences or non-occurrences beyond its reasonable control including (but without limitation to) governmental regulations, fire, flood or any disaster or other insurable risk, act of God, act of war, breakdown of machinery or an industrial dispute affecting a third party for which a substitute third party is not reasonably available.
  • 11.2 The Company shall have no liability to the Customer for any loss of any kind whatsoever, whether directly or indirectly caused to or incurred by reason of any failure or delay in the performance of its obligations under this Agreement which is due to Force Majeure.
  • 11.3 If the Company becomes aware of circumstances of Force Majeure which give rise to or which are likely to give rise to any such failure or delay on its part, it shall notify the Customer by the most expeditious method available and shall inform the Customer of the period during which it is estimated that such failure or delay shall continue.

• 12. Confidentiality and Intellectual Property

  • 12.1 The Company acknowledges that in the course of provision of the Services it may acquire or be exposed to information that is confidential to the Customer. The Company undertakes to hold such information in the strictest confidence. The Company agrees that it shall never open the sacks received (other than where it is suspected that the Material supplied is non-conforming waste) and shall not disclose such information to third parties save as may be strictly necessary for the provision of the Services or as required by law. The Customer warrants that any documents delivered to/collected by the Company pursuant to the Agreement does not contain any dangerous materials and does not infringe any copyright, data protection or other proprietary right of any third party and contains no defamatory or other material which may render the Company liable to the payment of damages to any third party. The Customer shall indemnify the Company, its servants and agents against all liability, costs and expenses which the Company or such persons may incur as a result of a breach of this warranty.

• 13. Data Protection

  • 13.1 The Customer and the Company acknowledge that for the purposes of the Data Protection Act 1998, the Customer is the Data Controller and the Company is the data processor in respect of any Personal Data supplied to the Company for the provision of the Services, and this includes any Personal Data that may exist in the Materials.
  • 13.2 Each party warrants to the other that it will process the Personal Data in compliance with all applicable laws.
  • 13.3 The Company shall process any Personal Data only in accordance with the process which is set out on the Homeshred website, and it is deemed that acceptance of the Contract by the Customer means that the Customer provides its instructions on the same terms. The Company shall not process Personal Data for any purpose other than that expressly set out on the Homeshred website, ie. authorised by the Customer.
  • 13.4 The Customer acknowledges that the Company is reliant on the Customer for direction as to the extent to which the Company is entitled to use and process any Personal Data. Consequently, the Company will not be liable for any claim brought by a Data Subject arising from any action or omission by the Company, to the extent that such action or omission resulted directly from the Customer's instructions.

• 14. Dispute Resolution Procedure

  • 14.1 The Company and the Customer shall use their reasonable endeavours to resolve promptly by negotiation any complaints or problems arising out of this Agreement. Any unresolved problems shall first be referred to the appropriate representatives of the Company and of the Customer, who shall meet as often as they deem necessary and shall attempt to resolve the issue expediently.
  • 14.2 Save where expressly agreed otherwise, if the dispute has not been resolved 14 days after the first meeting between the nominated representative of the Company and of the Customer, then the dispute shall be referred promptly for resolution to a Director of the Company and such person(s) of higher authority of the Customer as it shall nominate.

• 15. Indemnity

  • 15.1 The Customer agrees to indemnify the Company from and against all demands, claims, liabilities, losses, damages, costs and expenses whatsoever and from and against all actions and proceedings which may be commenced, taken or made against the Company arising out of or in connection with i) any failure by the Customer to comply with these terms and conditions; ii) any breach of data protection laws or any other relevant laws; iii) any claim by a third party that the Customer has infringed any intellectual property rights or other rights of that third party in connection with the operation of this Agreement.

• 16. Duration and Termination

  • 16.1 The Company may terminate this Agreement forthwith upon giving notice in writing to the Customer if the Customer shall fail to pay any sum due under the terms of the Agreement and which sum remains unpaid for 14 days after written notice from the Company that such sum has not been paid.
  • 16.2 Either party may terminate this Agreement forthwith upon giving notice to the other if:
    • 16.2.1 the other commits any material breach of any term of this Agreement (other than failure by the Customer to make any payment hereunder in which event the provisions of sub-clause 16.1 above shall apply) and (in the case of any other breach capable of being remedied) shall have failed within 30 days after receipt of such a request in writing from the other party so to do to remedy the breach; or
    • 16.2.2 the other (being a company) shall pass a resolution for winding-up (otherwise than for the purpose of a solvent amalgamation or reconstruction where the resulting entity assumes all of the obligations of the relevant party under the Agreement) or a court shall make an order to that effect or being a partnership shall be dissolved or being an individual shall commit any act of bankruptcy or shall die or if the other party (whether a company or not) shall cease to carry on its business or substantially the whole of its business or becomes or is declared insolvent or commits any act of bankruptcy or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors or if a liquidator receiver manager or similar officer is appointed in respect of any of the assets of that other or any analogous step is taken in connection with that other's insolvency, bankruptcy or dissolution.
      Immediately upon termination of this Agreement (howsoever occurring), the Company shall at its discretion, either forthwith proceed with the destruction of all confidential material that it holds or deliver up the said material to the Customer.

• 17. Refund and Cancellation

  • 17.1 To end the contract with us, please let us know by contacting us by phone or in writing as set out in Clause 2 above. For most products bought online you have a legal right to change your mind within 14 days and receive a refund.
  • 17.2 To be considered for a full refund, you must notify us by phone or email (see below) within 14 days of the date of the order, and must return the unused sack/s to us within 28 days of the date of purchase. Please enclose a note stating your name & address, the date purchased and the reason for your return.
  • 17.3 Assuming the sacks are received within 28 days of purchase and are in a saleable condition, a refund will be processed for the full sum paid within 14 days of receiving them.
  • 17.4 In the event that you purchased multiple sacks but do not return all of them, the refund amount will be pro-rated accordingly.
  • 17.5 Please note that every sack has a unique barcode which is assigned to the customer at the point of purchase and refunds will only be paid to the original purchaser. The refund will be made to the card used for the original purchase. If we are unable to refund to this card (due to expiry, closure of account, etc.) we will contact you by email requesting bank account details for us to make a bank transfer to your bank account.
  • 17.6 If any goods returned are not in a condition that we feel can be reasonably sold to another customer, we will advise you by email that your refund will not be processed. In that event you may request that the sacks are sent back to you for which we will charge a handling charge of £3.00 + VAT to cover further despatch costs. We will not despatch the sacks to you until we have received payment of the handling charge.
    
    You do not have a right to change your mind in respect of our Services, once these have been completed, even if the cancellation period is still running. Your consumer rights are not affected.

• 18. Notices

  • 18.1 Any notice required to be given hereunder shall be in writing and shall be sent by email to the email address of the Customer last known to the Company.
  • 18.2 Any notice shall be deemed to have been received by the Customer 24 hours after being sent by the Company.

• 19. Assignment

  • 19.1 The Company shall have the right to assign its rights and obligations under this Agreement to any holding or subsidiary company of the Company or any subsidiary of the Company's holding company (as such terms are defined by S.736 of the Companies Act 1985).

• 20. Governing Law and Jurisdiction

  • 20.1 All disputes arising in respect of this Agreement or out of the supply of the Services shall be governed by English Law and shall be subject to the jurisdiction of the English Courts.
  • 20.2 Each provision of this Agreement shall be construed as an independent provision applying and surviving even if for any reason one or more of the said provisions is held unenforceable in any circumstances.