Terms and Conditions for the supply of Transport Data Interchange Limited (TDI) products and Services

Definitions

Products:     means any reporting services provided online or hardware supplied.
You:             means any user of our services
User:           means any authorised user of the website or the TDI applications
We or Us:    means Transport Data Interchange Ltd (TDI) Coney Green Business Centre, Wingfield
View, Clay Cross, Chesterfield, Derbyshire, S45 9JW.
Website       means any website under the ownership of Transport Data Interchange Ltd (TDI)

Terms & Conditions

These terms and conditions set out below shall govern the contract between us including your use for the website, the information contained on the website and /or any products and reporting services that you purchase from us you agree to be bound by these terms and conditions which shall prevail over your own terms and conditions.

We reserve the right to vary or modify these terms and conditions including without limitation to increase our service charge from time to time.

We reserve the right to vary or change (temporarily or permanently) the website, or any part of it, without any liability to you or any third party.

The website is an internet-based service which provides access to the TDI suite of software to authorised users. Whilst we shall use all reasonable endeavours to ensure that the website is always available, we do not guarantee that the website will be free from service interruption, suspension or modification of the website whatsoever.

We will give notice to all users of the website if there is to be any planned downtime.

We hereby grant to the user authorisation to use our website on these terms and conditions.

We shall issue authorisation to you to use our website and associated software by the issue of an initial password alongside your registered email address. Any further authorized users must be generated by you.

It shall be your responsibility to keep the user identification and passwords secure of all TDI’s applications.

You must promptly notify us if there is any unauthorised use of your password or the TDI applications. We shall not be liable for any loss or damage you may suffer or incur as a result of any unauthorised use of your password if you have failed to keep your password secure.

You must always ensure that you use the latest disc-check transfer version available (if applicable) which you should download from our website when prompted to by us.

You shall be responsible for any management, control and use of any tachograph data held on the website or provided in report formats which relates to your company including without limitation all users authorised by you to use disc-check. We shall not be liable to you for any loss or damage you may suffer or incur as a result of any act, omission or mis-use of the website or such data held on the website by you, or your representatives.

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.

We reserve the right to vary, change or modify any products that we supply even after you have placed your order provided that the functionality and performance of the replacement products is of equivalent or better standard to the products ordered.

Support

We shall apply best endeavours to provide support the website and any other services held with TDi whilst an active subscription is available.

Standard support will attempt to respond to all requests for assistance within standard working hours of 0900 – 1700 Monday – Friday within the same day. Additional support may be chargeable on a per instance basis.

It is your responsibility to report any issues or anomalies encountered whilst using the website. We shall not be liable to you for any loss or damage you may suffer or incur as a result of issues that have not been reported.

Intellectual Property Rights

All copyright, design rights, trademark and patents and other intellectual property rights vested in TDI’s applications, the website (including without limitation the source and object codes) and the products whether registered or not belong to TDI and our IT developers.

You will not contact our IT developers without our specific permission.

We shall comply with the relevant Data Protection Acts in connection with the storage of any user data.

The user’s tachograph details, and any related data held on the website pursuant to the user’s use of the TDI system shall belong to the appropriate organisation or user.

Restrictions

You shall not:

Incorporate the TDI software into any other software developed by you or anybody else, without our written permission.

Use or copy the TDI software other than in accordance with the terms of this agreement.

Decompile or reverse engineer the TDI software or make any other attempt to discover the source code or the software for any purpose.

Limitation of Liability

If the products are damaged or defective or you have not received the correct quantity, we shall have no liability to you unless you notify us in writing of the problem within seven days of delivery.

If the products are damaged or defective our only liability to you will be to replace or repair the damaged or defective products.

Save for death or personal injury caused by our negligence or as otherwise set out in this agreement our entire liability to you for any indirect, direct or consequential damages shall be limited to the amount paid for the product or the analysis of specific data.

Payments & Charges

Payment must be made in full within 30 days of receipt of our invoice and by direct debit only for software.

All hardware must be paid upfront before fitting can commence.

Fitting will be charged as soon as it is carried out and is subject to the above payment rules.

We reserve the right to suspend or cease the provision of our services without notice if the invoices are not paid by the date due for payment.

Charging for TDI’s service will be made on a calendar month basis at rates agreed or advertised.

Delivery, Title & Risk

Title in any products supplied by us, remain with Transport Data Interchange Ltd, until payment in full has been received in accordance with this agreement.

All products will be delivered to the address stated by you on your order confirmation. Reports will (where possible) be emailed to nominated recipients.

Risk in the products passes to you on the date you received the products.

We reserve the right to cancel your order and make a full refund to you or make a suitable replacement for the products ordered if we have insufficient stock of the product ordered or we are unable to deliver in your area.

We shall endeavour to deliver the products within thirty days of your order, but any delivery time stated by us is not guaranteed and delivery times shall not be of the essence.

Installation.

The time required to enable the Company to provide its Goods and services to the Client is set out with the Company’s quotation, and shall not be subject to change, unless specifically agreed in writing by the Company.

Any additional works required by the Client must be instructed to the Company in writing at a cost to be agreed in writing, such additional works shall be fully chargeable by the Company and the Client shall pay such additional costs as agreed.

In the event that the Client fails to instruct the Company of any additional works, then the Company shall incur no responsibility for penalties or damages howsoever arising in consequence of such additional works either not being undertaken or their not being undertaken at any particular time.

The Client shall be responsible for providing the Company with unimpeded access to any premises where the Goods are to be delivered or provided with all services available to the Company to enable it to discharge its responsibilities effectively and on time.

Termination

We reserve the right to terminate this agreement immediately if:

  • You fail to pay our invoices on the due date
  • You are in breach of any provision set out in our clause entitled “Restrictions”
  • You become insolvent or a receiver, administrator or similar is appointed over all or any part of your assets.
  • You cease or threaten to cease carrying on your business.
  • You make any arrangement with your creditors or:
  • You go into liquidation

You may terminate this agreement at any time on giving us 30 days written notice which must be sent to the address as shown at the beginning of this agreement. If you terminate this agreement you must provide proof that you have sent notice of termination to us in writing.

General

This agreement shall be governed and construed in accordance with the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts.

You will be entitled to any manufacturer’s warranty provided with any hardware and if the manufacturer so requires you must comply with any registration requirements of the manufacturer relating to any such warranty.

The basis of this agreement is on the assumption that this is a business to business transaction.

Any jointly recognised service level agreement may contain factors which affect these terms and conditions.

Unless otherwise stated by the Company upon the face of any quotation or acceptance of order, these terms and conditions shall be incorporated into any contract made between the Company and any person, firm or company with whom it contracts, and shall prevail in case of any inconsistency between any other terms or conditions in any contract.

All purchase orders and acceptance of quotations made to the Company shall be deemed to incorporate these terms and conditions to the exclusion of any conflicting terms and conditions submitted by any person, firm or company with whom the Company ultimately contracts.

There shall be no variation from these Terms and Conditions unless separately stated in writing by the Company prior to formation of any contract.

All descriptions of Goods in catalogues, brochures and price lists provided by the Company are intended to be illustrative only and do not form part of the Contract. All typographical, clerical, or other error or omission in these documents will be subject to correction without any liability on the part of the Company. The Company will not be responsible for any loss or damage resulting from reliance on such documentation.

Pricing Policy

disc-check pricing policy is made to be a simple as possible. The following rules apply which make up our pricing policy, please note we only charge for driver data. Vehicle data is FOC.

  1. Data entered onto the system for a driver will be charged at £1.00 per week, no data no charge.
  2. Data is defined as, upload of driver card, the creation of a manual entry or an upload of Analogue chart and or WTD entry of data.
  3. New drivers, when a new drivers card is entered there may be data from previous employment, disc-check will use the previous 4 weeks of data which is required to be able to calculate the drivers working time and EU rules. These 4 weeks will be charged for.
  4. Agency/casual driver, as we are aware an agency/casual driver may work for several different companies during the last 4 weeks, we will only charge for the weeks where the driver has driven one of your vehicles.
  5. WTD, disc-check allows you to enter holidays other duties etc. you will be charged for these data weeks.