| RingGo Parking |  | RingGo Corporate | | Corporate Terms of Use |
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Corporate Terms of Use
Effective from 1 July 2009
1. Definitions
'Account Transaction' means any transaction undertaken using the Service including but not limited to the payment of parking services or tolls in which, in consequence of a Parking Privilege rule in the Administration Suite relating to either the mobile phone number of the Motorist or the number plate of the vehicle, the Motorist has been offered and has accepted the option to pay by Corporate Account
'Administrator' means an individual who has been given administrator rights at Your request and at Our discretion in addition to the Applicant. Such rights are provided only at the request of the Applicant and You and they both accept joint and several liability
'Administration Suite' means the browser based suite of pages protected by a Log-in which allows mobile phone numbers and number plates to be entered and Parking Privileges to be defined
'Applicant' means the individual whose details have been given in application for this facility and thereby holds master administrator rights to the Corporate Account
'Authority' means a local authority, public body or commercial organisation which makes parking spaces available for use by Motorists on a paid basis and/or levies charges or tolls relating to vehicle or road use
'Organisation' refers to the limited company, partnership, limited liability partnership, sole trader or other legal entity in whose name the Corporate Account is being established
'Convenience Charge' means the location-specific charge indicated on local signage that may be payable by a motorist, in addition to the standard parking tariff, when completing an individual booking or successfully extending an existing booking
'Corporate Account' means the facility, which is administered by means of the Administration Suite, that allows Motorists to make Corporate Bookings
'Corporate Booking' means the process undertaken via mobile phone or other data device by which either time-limited rights for a nominated vehicle to occupy a marked bay within a demarcated on-street or off-street parking area or another service in a qualifying Corporate Parking Session and/or a qualifying Corporate Parking Session Extension are secured under the provisions of the Corporate Account in exchange for a payment debited from the funds held by in the Corporate Account in accordance with the Terms of Use
'Corporate Parking Session' means a period of time for which parking rights have been granted as a result of a successful Corporate Booking
'Corporate Parking Session Extension' means an additional period of time for which parking rights are granted which follows directly and continuously from an original Corporate Parking Session
'Delivery' means that in terms of any notice required to be provided to You and/or Us, such notice may only be given in writing and must be delivered to You and/or Us by way of prepaid registered post, fax or email. If delivered by prepaid registered post, the notice shall be deemed to have been received within 7 (seven) days of posting, unless the contrary is proved. If sent by fax, the notice shall be deemed to have been received on the date of confirmation of the successful transmission of the facsimile evidenced by a transmission report and/or slip. If sent by email, the notice shall be deemed to have been received on the day of transmission, unless the contrary is proved
'Log-in' means a unique user name and password combination, which We will send to You or, Administrators which have been selected by You. These two elements of information must be securely held by You or those You select and is to be used as a means of user identification and verification when accessing the Administration Suite
'Motorists' mean individuals that use phones associated with specific mobile phone
numbers or that travel in vehicles with certain specified number plates either of which is referenced by one
or more Parking Privileges written into and stored within the
Administration Suite
'Parameters' are upper and lower threshold amounts agreed by You, by choosing a specific service plan at the time of establishing the account, which define the process by which the credit balance associated with Your Corporate Account will vary
'Parking Privilege' means a logical rule in which a mobile phone number or a number plate, or both, are associated with the account such that a motorist making a Corporate Booking is offered the option to charge a transaction which complies with the rule to the account
'Terms of Use' means the agreement concluded between You and Us, upon Your acceptance of these terms, which shall include: a) the information supplied by You in Your application for the facility; b) both Our terms and conditions for motorists and our privacy policy (each of which can be found at www.RingGo.co.uk/legals) c) Our charges which are outlined at www.RingGo.co.uk/corporateserviceplan and which may alter from time to time and d) the charges for and terms and conditions of the service supplied by the Authority which will normally be referenced on signage at the point of use
'We', 'Us' 'RingGo' and 'Our' refer to Cobalt Telephone Technologies Limited, Registered. No. 3151938, its successors in title and assigns of Intec 2, Wade Road, Basingstoke, Hampshire, RG24 8NE
'Working Day' means any day other than a Saturday or Sunday, or a statutory bank holiday in England and Wales
'You' and 'Your' refer to the Applicant for the Corporate Account and where appropriate, any other Administrators
2. Our Agreement
2.1 It is a condition of opening a
Corporate Account that both You and the Organisation that You represent
agree to these Terms of Use, which form a legally binding contract.
As the scope of the RingGo service is constantly evolving, these Terms of Use may
be amended from time to time. RingGo reserves the right to amend these
Terms of Use at any time by posting the amended Terms of Use on this
RingGo website www.RingGo.co.uk. Amended Terms of Use shall become effective 30 days
after they are posted to the website. A revision will not
affect any Account Transaction that is outstanding as of the date of
such revision.
2.2 The Parties to this agreement are the Organisation
and RingGo.
2.3 The Organisation that You represent and RingGo are the only parties who may rely on
or enforce these Conditions and for this reason the Contract (Rights of
Third Parties) Act 1999 is excluded.
2.4 This Agreement regulates the provision of the Service by Us to You. When You use the Service We are providing You with the means to enter into individual contracts with relevant Authorities for the provision of parking or other services relating to the vehicle or road use qualifying for Parking Privileges.
3. Interpretation
3.1 In this agreement:
a) clause headings are for convenience and are not to be used in its interpretation;
b) unless the context indicates a contrary intention, an expression which denotes any gender includes the other genders and the singular includes the plural and vice versa.
4. The Corporate Account
4.1 A RingGo Corporate Account will be provided to Your Organisation, at Our sole discretion, and subject to compliance by You, the Motorists and the Organisation with the Terms of Use.
4.2 The Corporate Account allows money to be placed on account with Us to subsequently be used in respect of the payment of qualifying Corporate Bookings and fees. Funds stored on the account have no expiry date and no interest shall be paid on balances. The balance of a Corporate Account is redeemable at any time and shall only be disposed of in accordance with instructions received by the Applicant and by refund to a verified source of original credit.
4.3 The amount of money held on account will rise and fall within pre-agreed Parameters which will be agreed at the time of opening the account. If You wish subsequently to vary the Parameters which apply You may adjust them via the Administration Suite. If at the time of completing the application for the Corporate Account You have specifically requested the option of having Your Parameters automatically increased then, from time to time, We may unilaterally increase them as Your Corporate Account activity may suggest.
5. Usage
5.1 The Corporate Account may be used only by Motorists.
5.2 You may not assign, transfer, sub-licence or otherwise grant permissions in respect fo any of Your rights or delegate any of Your obligations in respect of the Corporate Account or its use to any third party (other than the authorised Motorists).
5.3 The Corporate Account is valid from the moment that a valid Log-in has been issued to You the Applicant or until Your Corporate Account is closed by either party for whatever reason. If We allow a Corporate Account transaction after the Corporate Account has been closed by Us, this does not mean that We have extended the validity of the account.
5.4 It is important that Your RingGo Corporate Account is not used fraudulently. You and any Administrator chosen by You must therefore:
a) take proper care of the Log-ins that give access to the account and do everything that is necessary to prevent it from being compromised and/or used wrongfully;
b) ensure that any record of Your password is kept separate from the username and in a safe place; and
c) do not allow anybody to obtain knowledge of the Log-ins.
5.5 If You have reason to believe that Your Corporate Account is being used wrongfully You must notify the RingGo customer services team.
5.6 You will be liable for and must repay Us all amounts that We pay or have to pay if any issued Log-in is used unless You have reported it as being used wrongfully.
5.7 When Motorists undertake transactions using this facility they do so at their own risk and We shall not be liable for any penalty charges, fines, legal actions, actions by certificated bailiffs or other impositions resulting from the erroneous use of this facility.
5.8 You authorise Us (which authorisation may not be cancelled other than by Our confirmation of the closure of Your account):
a) to pay for any purchases of parking services or tolls in respect of which the mobile phone number or the number plate matches a Parking Privilege in the Administration Suite and for which the motorist concerned chooses to pay by Account;
b) to debit Your Corporate Account with all charges correctly relating to that Account Transaction; and
c) to make the necessary entries to do the above and at Our sole discretion to reverse these entries when appropriate.
5.9 We shall not in any way be liable to You if We refuse to authorise any attempt to use the Corporate Account.
5.10 If there are any claims or disputes between You or Your Organisation and any Authority in respect of the nature, quality or quantity of the parking rights that have been obtained from them in respect of any other matter or thing, Our rights to receive payment from You and Your Organisation will not be affected in any way nor will it give anyone a right of setoff or counterclaim against Us. You hereby acknowledge that no merchant or supplier is Our agent.
6. Rights to dispute transactions
6.1 You may dispute all or part of any particular Account Transaction by the Delivery of a notice to Us whereupon We shall give You written notice either explaining the entry in reasonable detail or confirming that the statement was in error either in whole or in part, and setting out the revised entry.
6.2 You will not have the right to stop any payment that We are making or which We are about to make to an Authority in respect of any Corporate Booking, nor will You have the right to instruct Us to reverse a payment in respect of such a booking which has already been made, except as may be provided otherwise by statute.
6.3 Where You, the Organisation or a Motorist disputes a Corporate Booking with an Authority We will not enter into the dispute other than to confirm that the payment was made in accordance with the Parking Privileges operational at that time.
7. Fees and charges
7.1 We have the right to debit the Corporate Account with:
a) the parking tariffs, toll charges, Convenience Charges and other charges levied by Authorities; and
b) Our standard fees and other fees and charges payable from time to time.
All of these charges will be reflected within Your on-line statements. These include, but are not limited to, a monthly fee in respect of the number of mobile phone numbers and vehicles held in the Administration Suite. The fees that apply are set out at www.RingGo.co.uk/corporateserviceplan. All fees are due immediately and may be subject to change at Our sole discretion.
7.2 When Corporate Account bookings are made:
a) in addition to the parking tariff or toll the Organisation is also responsible for the payment of any Convenience Charge that may also be levied by an Authority in respect of transactions made at the specific location chosen in the booking process. The parking tariff or toll and the Convenience Charge that will apply will not only be indicated on signage at that location but also confirmed to the Motorist during the phone booking process. A total sum for the transaction will be given to the Motorist prior to the Corporate Booking being charged to the Corporate Account. The Motorist will have the option, at that point and no other, to either confirm or cancel the booking attempt; and
b) delivery of the two SMS text messages (confirmation text and reminder text) that are normally offered as extra cost options to Motorists when making ad hoc payment become mandatory charged items instead. The normal charge associated with each text message will apply and will be debited from the Corporate Account.
7.3 We may, at Our sole discretion, assert reasonable handling expenses and legal costs that We may incur by Your misuse of the Service or breach of the Terms of Use that apply.
7.4 It is recorded and You accept that the amount that will actually be spent from Your Corporate Account cannot be determined beforehand.
7.5 To the extent that value-added tax or any other applicable tax or levy is payable in respect of any fee, cost or charge, such tax will be added at the rate current at the time of the invoice being issued.
8. Decrementing the Corporate Account
8.1 The Operating Parameters which determine the range in which Your Corporate Account credit balance will fluctuate will be established at the time Your Corporate Account is opened.
8.2 When a Corporate Booking or other charging event takes place We will obtain the associated fees and charges firstly by debiting the funds in Your account. If the transaction results in the funds falling below the lower threshold defined by the Parameters then We will request or obtain sufficient funds in accordance with Your instructions such that the balance is supplemented so as to approximate, but not exceed, the upper threshold. The funds will be secured by debiting a bank account that You designate, by charging a credit or debit card or any other available means of payment. We reserve the right to limit Your choice of funding sources for any individual payment at Our sole discretion.
8.3 All payments requested by Us or initiated by You will be made in Pounds Sterling and are net of any bank costs and other charges associated with the deposit into Your account.
8.4 If any negotiable instrument is deposited into Your account, the proceeds will be provisionally credited to Your account, but You will only be entitled to such proceeds once the instrument is honoured.
8.5 Bank transfers which do not contain Your RingGo Corporate Account Number as a payment reference will not be credited to the account but will be retuned to the sender providing We have sufficient details to do so. In such cases or when a bank transfer, Direct debit, Credit card or any other payment first received by RingGo and then returned to the originator upon his own request or by request of his bank or payment provider an administration fee of £15 will be deducted per transaction.
8.6 You may not attach any conditions whatsoever to any payment made to Us. If You attach any conditions, We shall have the right to accept Your payment and exercise Our rights under these Terms of Use as if You have not attached any condition.
8.7 Regardless of the process of payment, all risk of payment will be borne by you whether or not it is caused by Our negligence or that of any of Our employees.
8.8 If no
RingGo Corporate parking transactions are created on Your Corporate Account for
a period of 6 months then We will assume that Your Corporate Account is no
longer active and the credit balance will expire.
9. On-line statements
9.1 We will provide You with access to an on-line statement of activity setting out the details of each Corporate Booking that has taken place during the preceding month, the extent and nature of any charges made by Us to Your Corporate Account, any credits which have supplemented the balance of Your Corporate Account, as well as the total credit balance on Your Corporate Account.
9.2 It is important that You regularly check Your on-line statements of activity to determine if they are correct. If You dispute any item or transaction in the statement You must write to Us within 30 (thirty) days of the date of the item or transaction, recording Your dispute, so that We can investigate Your complaint properly and make the necessary enquiries. The relevant and detailed transaction records are only available for a limited time.
10. Account log-ins
10.1 If We issue a supplementary Log-in, to allow additional access to the Administration Suite associated with Your account then You as the Applicant, the Organisation and the Administrator associated with that supplementary Log-in will be jointly and severally liable to Us as co-principals for all obligations arising as a result of the use of the Administration Suite.
10.2 Supplementary Log-ins can be rescinded on request, on condition that You indemnify Us that all Parking Privileges extant at the time of cancellation of the Username and Password are recognised by You as valid and correctly reflecting Your intent.
11. Liability
11.1 We shall not be liable to You or the Organisation for any claim unless it has been caused by Our negligence, wilful default or fraud. In particular We shall not be liable for any damage or losses including, without limitation, direct, indirect, consequential, special, incidental or punitive damages deemed or alleged to have resulted from or caused by but not limited to the following scenarios:
a) any person gains unauthorised access to Your Corporate Account, to any Log-in supplied either to You, or an Administrator You have authorised, or to any information in respect of Your account;
b) any errors or omissions in Our website content or the Administration Suite; or
c) delays, losses, errors or omissions resulting from the failure of a mobile network or other data transmission system or the failure of a central computer system or part thereof.
11.2 Except for death or person injury caused by Our negligence where Our liability shall be limited to the current level of insurance We have for such claims, Our liability to You shall be limited to the value of the Account Transaction giving rise to the dispute.
11.3 We will not be liable or responsible for any failure to perform, or delay in performance of any of Our obligations under this agreement that is caused by events outside Our reasonable control.
11.4 You agree to indemnify and hold Us or Our subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of Your breach of the Terms of Use or Your breach of any law or the rights of a third party relating to Your misuse of the Corporate Account and/or of the Service.
12. Notices
12.1 The physical address given by You on the web application form will always be the address to which We shall send written notices and correspondence. The email address given by You will be the destination to which electronic communications will be sent.
12.2 You may change either address by making an alteration in the Administration Suite.
12.3 All notices or communications You send to Us must be in writing and sent by prepaid registered post or by email to Our Customer Service Team.
13. Suspension or closure
13.1 We shall have the right when You breach any term of this agreement to close Your RingGo Corporate Account, immediately cancel any valid Log-ins and institute a repayment of any unrestricted funds held in custody. We shall give You reasons for the above. Any liability which You or other account administrators may have in respect of these Terms of Use of use will not be affected by the above action.
13.2 You may permanently close Your account at any time by Delivery of a notice to Us stating that You want to terminate Your facility. The Corporate Account facility will then be cancelled within three (3) Working Days of Our receiving Your notice and a refund of unrestricted funds held in custody will be initiated. You may also temporarily and immediately suspend the operation of the account using the facility within the Administration Suite.
13.3 Any suspension or termination of Your Corporate Account facility will not affect Your liability to Us in respect of this agreement will not be affected by the above action, and this agreement shall remain in effect to the extent necessary until such time as We confirm completion of the closure process to You.
13.4 Nothing in this clause prevents Our taking immediate action to close or suspend the Corporate Account without notice and at Our sole discretion.
14. Warranties
14.1 You warrant that You are acting on behalf of the Organisation that You claim to represent and do so with full knowledge of the controlling parties of that organisation.
14.2 You warrant that You have fully and truthfully answered all and any requests for information made by Us relating to this agreement.
14.3 You warrant that You are aged over 18 years old.
14.4 You warrant that You understand and appreciate the risks and costs inherent in this agreement, and the rights and obligations of You and the Organisation under this agreement.
14.5 You warrant that Motorists have been and will continue to be made aware of and understand the Terms of Use and that Motorists have consented to their personal data being used in order to set and maintain Parking Privileges.
15. General
15.1 This agreement shall be governed by and construed in accordance with the laws of England and Wales. Any claim arising out of or relating to this agreement or the provision of services shall be settled in the courts of England.
15.2 The Terms of Use constitutes the whole of the agreement between the parties relating to the subject matter thereof, and no amendment, alteration, addition, variation or consensual cancellation will be of any force or effect unless reduced to writing and signed by the parties.
15.3 The parties agree that no other terms or conditions apply, whether oral or written and whether express or implied other than the Terms of Use. If there is an inconsistency between any of the provisions of the agreements and policies comprising the Terms of Use, the provisions of Our Corporate terms of use set out here shall prevail in preference to Our terms and conditions for motorists.
15.4 No waiver of any of the Terms of Use will be binding or effectual for any purpose unless expressed in writing and signed by the party hereto giving the same, and any such waiver will be effective only in the specific instance and for the purpose given.
15.5 No failure or delay on the part of either party hereto in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
15.6 You are not entitled to assign or transfer this agreement or any part thereof.
15.7 We have the right at any time and from time to time, without Your consent, to assign and transfer all or any of Our rights, title and interest in and to this agreement, to and in favour of any third party or parties.
15.8 Every provision (including this provision) of the Terms of Use is deemed to be separate and severable, and should any provision be found to be defective or unenforceable for any reason, that provision will be severable from the remaining provisions and the validity of the remaining provisions will continue to be of full force and effect.
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