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	<title>Incolex - International Debt Collection Experts</title>
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		<title>Terms and Conditions</title>
		<link>http://www.incolex.com/terms-and-conditions/</link>
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		<pubDate>Fri, 30 Jan 2009 12:04:45 +0000</pubDate>
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		<category><![CDATA[Kategorilenmemiş]]></category>

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		<description><![CDATA[By using this Web Site you agree to be bound by the following terms and conditions set out below. If you do not wish to be bound by these terms and conditions, you should not access or use the Web Site.
1. Terms and condition 
2. Terms of business 
These Terms and Conditions apply to the [...]]]></description>
			<content:encoded><![CDATA[<p><span style="font-size: 9pt; color: black; font-family: Arial;">By using this Web Site you agree to be bound by the following terms and conditions set out below. If you do not wish to be bound by these terms and conditions, you should not access or use the Web Site.</p>
<p><strong>1. Terms and condition </strong></p>
<p><strong>2. Terms of business </strong><br />
These Terms and Conditions apply to the Services and may be not be varied without the prior agreement of both parties in writing.</p>
<p><strong>3. The Services</strong><br />
a. The Services shall be deemed to have commenced upon the Client&#8217;s receipt of the contract<br />
b. The Services shall be provided through its own resources or through Agents.<br />
c. Our company shall determine the most appropriate method and steps to be taken for the provision of the Services, including (without limitation) the giving of instructions on behalf of the Client to Agents.</p>
<p><strong>4. Obligations of Incolex International Collection Experts </strong><br />
a. Incolex International Collection Experts shall ensure that the Services are performed in an ethical manner, in compliance with the law. Incolex International Collection Experts shall ensure that its employees act in accordance with Incolex International Collection Experts internal code of conduct.<br />
b. Incolex International Collection Experts shall treat all information concerning the Client, its business and financial affairs in complete confidence.</p>
<p><strong>5. Obligations of the Client</strong><br />
a. The Client to provide Incolex International Collection Experts  with all documents and information relating in any way to the Debt. The Client further undertakes to notify Incolex International Collection Experts promptly of any material change to the documents and information provided, including any new information of any kind, affecting directly or indirectly the Debt.<br />
b. The Client shall notify Incolex International Collection Experts and any Solicitor of any payment made to the Client in or towards the satisfaction of the Debt.<br />
c. All information provided by Incolex International Collection Experts to the Client shall be held by the Client in the strictest confidence and shall not be disclosed to, nor relied upon, by any other person, firm or company without the consent of Incolex International Collection Experts.<br />
d. The Client undertakes to cooperate at all times with Incolex International Collection Experts and the Agents.<br />
e. The Client shall not instruct any other person, firm or company in respect of the Debt or the Services without the prior written approval of Incolex International Collection Experts .<br />
f. The Client shall provide all information and comply with the obligations specified above without delay. Any delay affecting Incolex International Collection Experts performance of the Services shall entitle Incolex International Collection Experts to terminate the Services immediately.</p>
<p><strong>6. Solicitors</strong><br />
a. The Client may inform Incolex International Collection Experts of any Solicitor that it would prefer to use in connection with the Services. Incolex International Collection Experts shall, in any event, have absolute discretion in the choice of the Solicitor and its choice shall be final and binding. Incolex International Collection Experts shall inform the Client of the name and address of any Solicitor that Incolex International Collection Experts proposes to instruct.<br />
b. In the event that Incolex International Collection Experts or any Group Company should be liable under the Legal Contribution Scheme or in any other way to pay or contribute towards the Client&#8217;s costs arising from the Services, Incolex International Collection Experts shall have exclusive right to appoint Solicitors.<br />
c. Incolex International Collection Experts shall instruct the Solicitor to:<br />
(1) place himself or themselves upon the record of the appropriate courts as representing the Client and<br />
(2) to keep Incolex International Collection Experts fully informed of all steps taken, including through any other Agents, and any compromise agreement or any other action or matter arising therefrom. Incolex International Collection Experts agrees that the Solicitor shall owe a primary duty to the Client.<br />
d. All money recovered by a Solicitor in pursuance of the Services shall be paid to Incolex International Collection Experts.</p>
<p><strong>7. Fees and expenses</strong><br />
a. The Fees shall be paid by the Client in accordance with the relevant standard Incolex International Collection Experts scale of fees in force at the time when the Debt is placed with Incolex International Collection Experts.<br />
b. In the event that, once a Debt has been placed, the Client enters into any settlement or compromise with a Debtor which has the effect of reducing the amount recovered from the Debtor, the Client shall pay the Additional Fee.<br />
c. Other fees and expenses payable to Agents shall be payable by the Client in addition to the Fees and shall be paid irrespective of the extent of any recovery achieved by Incolex International Collection Experts hereunder (if any). Unbilled or outstanding fees and expenses of Agents shall become immediately due and payable in the event of the termination of the Services for any reason.<br />
d. The Client shall obtain the prior written consent of Incolex International Collection Experts before agreeing to any settlement or compromise with the Debtor. Failure to do so will render the Client liable to Incolex International Collection Experts for all and any legal costs and other disbursements incurred during, or arising out of, the provision of the Services.<br />
Payment of invoices is due 15 days from the date of the invoice and if the customer fails to pay any invoice by the due date interest shall become payable on all overdue amounts calculated at a daily rate equivalent to 0.5% per day above the base rate of the National Bank, and the Client will be liable to reimburse to the Company all costs and expenses, including legal costs incurred in collection of any overdue amount.</p>
<p><strong>8. Recovery payments</strong><br />
a. Any money received by Incolex International Collection Experts in performance of the Services will be paid into a general Incolex International Collection Experts collection account and any Fees, or part thereof, together with other fees and expenses of any Agent shall be discharged out of money held in that account.<br />
b. Upon receipt of the monies recovered by the Agents, Incolex International Collection Experts will account to the Client on a net monthly basis in respect of the monies received, under Clause 8 (a), in excess of fees and charges due and payable. No interest is payable on monies held in the Incolex International Collection Experts collection account.<br />
c. Except where the Client has the benefit of the Legal Contribution Scheme, in the event of Incolex International Collection Experts failing to recover a sum sufficient to discharge fees and charges paid by Incolex International Collection Experts to the Agents in respect of the Services or any matter arising therefrom, the Client shall indemnify Incolex International Collection Experts for such shortfall and to reimburse Incolex International Collection Experts forthwith. Where the Client has the benefit of the Legal Contribution Scheme, the Client&#8217;s liability to so indemnify will be restricted to any contribution due from the Client.</p>
<p><strong>9. Termination of Services</strong><br />
a. The Client may give written notice at any time to Incolex International Collection Experts to terminate the Services. The Client shall be responsible for all Fees, expenses and costs incurred and accruing as a result of the termination and shall forthwith pay those Fees, expenses and costs to Incolex International Collection Experts and any Solicitor, as appropriate.<br />
b. Incolex International Collection Experts reserves the right to terminate the Services at any time at its sole discretion and without specifying any reason therefore. Incolex International Collection Experts will usually endeavor to notify the Client of the reason.</p>
<p><strong>10. Limitation of liability</strong><br />
a. All information and advice given by Incolex International Collection Experts , its servants and Agents are provided in the utmost good faith.<br />
b. Neither Incolex International Collection Experts, its servants or Agents represent that any information or advice given is accurate or that any statement made by Incolex International Collection Experts, its servants or Agents amounts to an undertaking, term, condition, representation or warranty capable of incorporation into the Terms and Conditions or any collateral agreement hereto.<br />
c. Neither Incolex International Collection Experts, its servants or Agents shall be liable for any direct or indirect losses or damages of the Client, whether consequential or otherwise, arising from the Services.</p>
<p><strong>11. Assignment</strong><br />
a. These Terms and Conditions shall be between Incolex International Collection Experts, its servants or Agents, and the Client and shall not be capable of assignment or transfer in whole or in part by the Client without the prior written consent of Incolex International Collection Experts.<br />
b. Incolex International Collection Experts may assign the Services to any Group Company and shall not be restricted in any way whatsoever from passing any information obtained in the provision of the Services to any Group Company and relating to the subject matter of the Debt.</p>
<p><strong>12. Insolvency</strong><br />
a.Incolex International Collection Experts may, at any time and at its absolute discretion, terminate the provision of the Services if the Client has petitioned for, commits any act of, or is adjudged to be bankrupt or insolvent in any jurisdiction.<br />
b. Incolex International Collection Experts may, at any time and at its absolute discretion, terminate the provision of the Services if the Client is the subject of any receiving or administration order, or if the Client enters into any composition or arrangement with its creditors.<br />
c. In the event of Incolex International Collection Experts exercising its absolute discretion under Clauses 12 (a) and (b), such action shall not prejudice any rights and remedies otherwise available to it.</p>
<p><strong>13. Notice</strong><br />
Either Incolex International Collection Experts or the Client may serve notice upon the other by facsimile transmission or ordinary pre-paid first class post at the registered office or normal place of business of the other party. Facsimile transmissions are deemed to have been received at the time of the transmission. Post is deemed to have been received the next working day after the day of posting.</p>
<p><strong>14. Force majeure</strong><br />
In the event that the provision of the Services is frustrated or is incapable of performance, through any act or omission not being of the making of either Incolex International Collection Experts or the Client and beyond the control of Incolex International Collection Experts or the Client, the provision of the Services shall automatically terminate subject to payment of Fees and expenses incurred and accruing to the date of termination.</p>
<p><strong>15.Data Protection </strong><br />
The User may from time to time submit his or her personal data (&#8221;data&#8221;) to the Web Site. Incolex International Collection Experts endeavours where necessary through the Web Site to inform the User of what data is to be obtained from the User and the purposes for which the data will be used and whom the data may be shared with.<br />
The User acknowledges that, in order to process any enquiry and carry out actions related to any enquiry and/or marketing by Incolex International Collection Experts , Incolex International Collection Experts may need to process personal data, as defined under the Data Protection Act - Law 677/2001. The User consents to Incolex International Collection Experts processing any such data in respect of which the User is the data subject for the purpose of carrying out the Activities.<br />
The User further consents to Incolex International Collection Experts transferring such data to any company within Incolex International Collection Experts for the purpose of carrying out the Activities. To the extent that the User is not the data subject, the User confirms that the User has sought and obtained the consent of and is authorised to disclose personal data relating to those individuals to Incolex International Collection Experts and for Incolex International Collection Experts to pass such data to other members of Incolex International Collection Experts for the purpose of carrying out the Activities.</p>
<p><strong>16. Jurisdiction </strong><br />
These Terms and Conditions shall be subject to, construed and interpreted in accordance with the laws of Cyprus and, unless otherwise agreed, the High Court shall be the court of competent jurisdiction. </span></p>
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