By registering to use the services of Debt Register Ltd (“Debt Register”) for a free trial for the purposes of collecting and reporting Your debts You are agreeing to the terms and conditions (“Conditions”) set out below.

Agreed Terms

1. Interpretation

1.1 Definitions:

Claimant: the person or entity that is owed money by a Defendant.

Contract: the contract between Debt Register and You for the supply of the Services in accordance with these Conditions.

Credit: credits are deposited into Your account when You register and are required to upload Debts to the Platform with each credit enabling You to upload one Debt.

Debts: the debts uploaded by You onto the Platform which must be unpaid, and which remain unresolved following attempts at resolution.

Debt Register IPRs: all Intellectual Property Rights subsisting in the Platform and the Deliverables.

Defendants: the persons or entities who owe You money, the details of whom You upload to the Platform.

Deliverables: all documents, products and materials developed by Debt Register or its agents, subcontractors and personnel as part of or in relation to the Services in any form, including without limitation, data, reports and communications with Defendants.

Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Platform: the debt collection platform owned by Debt Register and available to You via the Website.

Services: the services described in clause 2, including without limitation Your use of the Platform and any Deliverables, to be provided by Debt Register.

Website: the website located at the url www.debtregister.com.

You/Your: the company that registers as a Claimant on the Website and enters into this Contract with Debt Register.

2. Commencement and Duration of Free Trial

2.1 The Contract shall commence on the date You register and shall continue until You purchase Credits as a paying Claimant.

3. Supply of Services

3.1 Debt Register shall supply the following Services: the provision of the Platform which enables You to upload Debts, full contact details of the Defendant, a breakdown of the Debts and the amount of money owed.

3.2 Debt Register will communicate to You via email the number of “credits” included in Your free trial.

3.3 As a free trial Claimant You shall only be entitled to upload Debts to the value of Your Credits on a single upload basis from Debt Register’s template and if you do not use all of Your Credits in one upload then the remaining Credits will be forfeited.

3.4 Debt Register may communicate, where appropriate, with the Defendants by email, letter and/or telephone at its sole discretion and if, after such communications, the debt remains unpaid Debt Register may report the Defendant’s default to credit reference agencies.

3.5 Claimants shall be able to immediately view and download reports on Defendants from the Platform at any time and as required.

3.6 In supplying the Services, Debt Register shall perform the Services with reasonable care and skill and in accordance with 3.1 above; and comply with all applicable laws, statutes, regulations and codes from time to time in force.

3.7 The details of the Defendants Debts are personal to You and Debt Register shall not share these details with any other claimant registered on the Platform; neither are You entitled to see the debts of any other defendant or the details of any other claimant.

4. Your Obligations

4.1 You shall:

(a) ensure that the Defendant’s details and all other information You supply in relation to the Debts are true and accurate to the best of Your knowledge and You hereby indemnify Debt Register against any loss that may arise as a result of the reporting of a Debt that is not accurate in all respects;

(b) only upload debts to the Platform, that meet the definition of Debts above;

(c) co-operate with Debt Register in all matters relating to the Services and in particular in relation to updating information when necessary on the Platform in order for the Services to be delivered in accordance with the Contract;

(d) mark Debts as paid as soon as soon as reasonably possible once payment is received by You; and

(e) provide, in a timely manner to Debt Register, and in accordance with any reasonable timescales as specified by Debt Register, such information and assistance as Debt Register may reasonably require to perform the Services, and ensure that any such information provided is accurate and complete in all material respects.

4.2 If Debt Register’s performance of its obligations under the Contract is prevented or delayed by any act or omission of Yours, Your agents, subcontractors, consultants or employees, Debt Register shall not be liable for any costs, charges or losses sustained or incurred by You that arise directly or indirectly from such prevention or delay.

4.3 You hereby consent to the reporting of Debts on the Platform to such credit reference agencies as Debt Register may choose to report to from time to time, in its sole discretion, and You also acknowledge that Debt Register is under no obligation to make any such reports. You further acknowledge and agree that Debt Register can continue to report the Debts even after the licence granted in clause 5.2 below has expired or terminated.

4.4 You hereby represent and warrant that you shall have an adequate privacy policy in place that complies with applicable data protection legislation which informs Your customers that in the event that they do not pay their debts when they fall due, that You are entitled to report those debts to third parties as applicable and in Your sole discretion to enable You to enforce those debts. The lawful bases for such processing are
(i) the performance of a contract; and
(ii) Your legitimate interests.

5. Intellectual Property

5.1 Debt Register shall retain ownership of all Intellectual Property Rights subsisting in the Platform and the Website.

5.2 Debt Register hereby grants to You a fully paid-up, non-exclusive, royalty-free, licence to use the Platform for the purpose of receiving and using the Services and the Deliverables during the free trial.

5.3 You acknowledge that Debt Register is the registered proprietor of UK registered trade mark UK00003428291 for the figurative word mark DEBT REGISTER in classes 9, 36, 38 and 42 (the “Trade Mark”) and that Debt Register hereby grants to You a fully paid-up worldwide non-exclusive royalty-free licence to use the Trade Mark in the manner as may be authorised by Debt Register to You in Writing from time to time in connection with the Debts.

5.4 Any goodwill derived from Your use of the Trade Mark shall accrue to Debt Register and Debt Register may, at any time, call for a document confirming the assignment of that goodwill and You shall immediately execute it.

5.5 You hereby authorise Debt Register to use Your company logo in connection with the provision of the Services and hereby grant to Debt Register a fully paid-up worldwide non-exclusive royalty-free licence to use such logo in connection with the provision of the Services only.

6. Limitation of Liability and Warranty Disclaimer

6.1 The restrictions on liability in this Clause 6 apply to every liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

6.2 Neither party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.

6.3 Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for death or personal injury caused by negligence; and fraud or fraudulent misrepresentation.

6.4 Other than liability that cannot be limited or excluded by law Debt Register will have no liability to You under this Contract whether for: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of or damage to goodwill; or (vii) any other direct, indirect or consequential loss, howsoever arising.

6.5 Where Defendants are located in a non-English speaking country and the Defendant chooses to communicate in its own language, the Platform will, so far as it is able, translate messages into English. Debt Register, does not, however make any warranty as to the accuracy of such translations, nor does Debt Register represent or warrant that every language is available for such translation.

6.6 Debt Register does not represent nor warrant that Debts reported on the Platform will be recovered in full or at all. You hereby agree that the listing of Debts and use of the Platform and Services is done with full knowledge of this warranty disclaimer.

6.7 To the fullest extent permitted by law, Debt Register expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, those of merchantability, satisfactory quality, suitability, availability, timeliness, quality, lack of viruses or other harmful components, title, fitness for a particular purpose, and non-infringement. You agree and acknowledge that the Platform, the Website and the Service are provided “as is,” “where is,” “as available,” and “with all faults”. Other than as specifically set forth herein Debt Register makes no warranty that the Service will be uninterrupted, timely or error-free. You understand and agree that any material and/or data downloaded or otherwise obtained (including plug-ins) through the use of the Service is done at Your sole risk and that You will be solely responsible for any damage to Your computer system or loss of data that results from the download of such material and/or data. No information or advice, whether oral or written, obtained by You through the Service shall create any warranty not expressly made herein.

7. Termination

7.1 Debt Register may terminate this Contract immediately if You breach of any term of the Contract and Your access to the Platform will be terminated.

8. Governing Law and Jurisdiction

8.1 The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.