Terms & conditions
1 Agreement for collection, destruction and certification of confidential waste
You (“The Customer”) hereby agree that Chaffinch Green Limited T/A ShredBee will for the period of 12 months (‘the Contract Period’) commencing the date of the first job undertaken for The Customer but subject to clause 6 below commence shredding services.
1.1 The contract will renew on a rolling annual basis (12 months), unless terminated in accordance with Clause 5, by giving no less than 90 days’ notice before the end of the contract period.
1.2 ShredBee will provide the containers as outlined in the Quote to The Customer for use during the term of the contract and any subsequent extensions.
1.3 ShredBee will arrange the collection and secure shredding of confidential waste from The Customer’s premises on an agreed schedule, subject to collections being carried out on the minimum regularity outlined in the Quote.
1.4 Variations to the regularity of collections or additional collections are subject to mutual agreement between ShredBee and The Customer, with agreement not to be unreasonably withheld.
1.5 Variations to the locations of The Customer’s offices are subject to mutual agreement between ShredBee and The Customer, with agreement not to be unreasonably withheld.
1.6 ShredBee warrants to shred and dispose of all collected confidential material in a secure and timely manner in accordance with the requirements of the BS EN15713 Secure Destruction of Confidential Materials standard, paying attention to the environmental effects of the disposal of the waste paper;
1.7 Upon completion of the shredding of such confidential waste, ShredBee will produce a Certificate of Destruction (‘COD’).
1.8 The Customer shall pay charges outlined in the Quote plus VAT at the prevailing rate for each service which shall be carried out in accordance with clause, plus the charges for any additional services requested by The Customer.
1.9 For the avoidance of doubt, a service shall be defined as ShredBee collecting the contents outlined in The Quote, shredding such contents at ShredBee’s facility and providing The Customer with a Certificate of Destruction.
1.10 ShredBee shall review charges on an annual basis and any increases shall be communicated to The Customer. The Customer shall be notified of any increases at least 60 days before implementation.
1.11 ShredBee shall also review charges in line with the Consumer Price Index measure of inflation during each calendar year, and may implement an increase in line with this measure during the course of the Contract. The Customer shall be notified of any increases at least 60 days before implementation.
2 ShredBee’s obligations
2.1 ShredBee will ensure that all facilities and vehicles secure, dry and free from damp or infestation and to a condition compliant with the insurance policy held by The Customer;
2.2 ShredBee (including any contractors or independent agents it shall appoint to carry out all or part of the service) will at all times maintain good working practice processes compliant with all requirements of the The Data Protection Act 2018 and in line with the requirements of BS EN15713 Secure Destruction of Confidential Material. Within 5 working days of a reasonable request made by The Customer, ShredBee will provide The Customer with a print-out of records of collections and disposals or any part thereof so requested;
2.3 ShredBee will not disclose or divulge the existence, identity, or contents of or any information that is contained within any records collected from the site or item contained therein to any other person than The Customer, save where and to the extent only that ShredBee is required by law or by any lawful authority to do so;
2.4 Implied permission to destroy all contents of any consoles, bags, boxes, individual files/items or miscellaneous containers of information is given by The Customer’s acceptance of these terms and conditions, or any request to collect such contents from The Customer’s offices, and the completion of that collection by ShredBee. ShredBee accepts no liability whatsoever for confidential information collected from The Customer and destroyed, which is subsequently found to have been destroyed in error;
2.5 ShredBee will not open or interfere, save for the carrying out of ShredBee’s contracted destruction service with any records or confidential information collected from site unless and until requested or authorised to do so by The Customer (save in the event of emergency to avoid damage thereto or destruction thereof or where and to the extent only that ShredBee is required by law or by any lawful authority to open interfere with or remove such archive box or item);
2.6 ShredBee will insure all facilities against damage or destruction by fire, flood, water ingression, vandalism and other unlawful acts by persons other than the Parties (‘third-parties), and other risks usually insured against in a building insurance policy (but The Customer shall be responsible for effecting and maintaining its own insurance of all their information and items and their contents at all times against loss damage or destruction by fire, flood, water ingression, theft, vandalism and other unlawful acts by third-parties, and all other risks usually insured against in a comprehensive chattels or contents insurance policy;
2.7 Upon completion of a collection from site and the subsequent shredding of such information, ShredBee will provide The Customer a Certificate of Destruction, authorised by one of the Directors of ShredBee;
2.8 ShredBee shall comply with all security, audit and other procedures and requirements of the Customer, which are notified to it from time to time by the Customer, including but not limited to the third-party supplier policy and non-disclosure agreements where appropriate.
3 The Customer’s obligations
3.1 The Customer will punctually pay ShredBee all the charges and other sums due to ShredBee under or pursuant to this Contract as and when the same fall due for payment as specified in and in accordance with the agreed payment terms pursuant to the Quote;
3.2 The Customer warrants to ShredBee that none of the confidential waste or items transferred delivered or returned by The Client to the Facility or stored therein pursuant to this Contract comprises or consists of any dangerous, noxious, odorous, infectious, contagious, illegal or otherwise offensive substance or material or of any plant, vegetable or living matter.
3.3 The Customer warrants that the confidential waste contains no plastic wallets, bulldog clips or other non-paper matter. Small amounts of paperclips and staples are acceptable.
3.4 The Customer will keep the access to the consoles, bags or bins free from obstruction, clutter and in an accessible location in order for ShredBee operatives to remove all confidential waste.
3.5 The Customer warrants that consoles, bags or bins placed in The Customer’s premises for the duration of the Contract shall be treated with care and kept in good working order (fair wear and tear excepted). ShredBee reserves the right to raise a charge where a shredding container must be replaced or repaired through no fault of ShredBee or due to manufacturing defects (fair wear and tear excepted). A full list of ancillary charges at the time of the event will be provided upon request.
4 Exclusion/limitation of liability
4.1 ShredBee shall not be liable to The Customer or otherwise for any loss, injury, damage or destruction of any items not caused by wilful and deliberate act or negligence of ShredBee, its appointed agents or any ShredBee operative;
4.2 ShredBee shall accept no liability for any loss, injury, damage or destruction resulting from consoles, bags or bins provided to The Client for use on The Customer’s premises.
5 Termination of this Contract
This Contract may (subject to the proviso in sub-clause 6.5 below) be terminated at any time during the Contract Period:-
5.1 by either of the ShredBee or The Customer for a serious and fundamental breach or persistent breaches of its terms by the other of the Parties;
5.2 by ShredBee where The Customer has failed (except for good cause) to pay any charge sum or VAT exceeding (in any case) £50 being or comprised in any amount invoiced by ShredBee to The Customer in accordance within 2 months after being invoiced therefor;
5.3 Provided that the Party wishing to terminate this Contract pursuant to either of subclauses 5.1 and 5.2 above shall, before doing so, discuss informally with the other Party its reason for wishing to terminate this Contract and if it is dissatisfied with the other Party’s response shall communicate in writing to the other Party the reason for its dissatisfaction whereupon the dispute resolution procedure in clause 10 below shall apply forthwith.
5.4 Either party may terminate the agreement without penalty by providing no less than 90 days written notice before the end of the initial Contract Period. The Contract shall renew on an annual basis on the same terms if such notice is not provided 90 days before the end of the Contract Period, and subsequently, 90 days before the end of any subsequent Contract Period.
6 Interpretation, Definitions & Communications
6.1 In this Contract, where the context admits or requires –
(1) reference to the singular shall include the plural (and vice versa);
(2) reference to either gender or the neuter shall include the neuter or the other or either gender;
(3) reference to the “Commencement Date” shall include the date of the first collection or service;
(4) reference to “the Facility” shall include the substitute storage facility;
(5) reference to “the Office” shall include the substitute office; and
(6) reference to “shredding console” shall include a console consisting of MDF construction, cloth sack with drawstring tie, security lock and key.
(6) reference to “bins” shall include wheelie bins of plastic construction, either lockable or non-lockable, of either 240L or 660L capacity.
(7) reference to either of the Parties shall include that Party’s nominated representative of agent (whether employed, independent agent or subcontractor) who is not an employee of that Party).
6.2 ”working day” means Monday to Friday excluding bank or public holidays and Christmas Day;
6.3 The Quote supporting to this Contract form part of and have effect as if fully set out above in this Contract.
7 Notices (etc.)
7.1 All requests notices notifications and orders from either Party to the other Party shall be sent or made in writing by first-class pre-paid post, or by email or telephone (provided in the case of telephone the request notice notification or order is subsequently confirmed in writing within 48 hours after the relevant telephone call) or mobile telephone text message And shall if correctly addressed be deemed to have been received by the intended recipient 5 minutes after sending or making of the same (or in the case of first-class pre-paid post on the second working day after the day of posting);
7.2 All requests, notices, notifications and orders and all written communications by either Party to the other Party shall be addressed or directed to the postal address telephone number email address or mobile telephone number (‘contact details‘) given on page 1 of this Contract in respect of such other Party on page 1 of this Contract Provided that either Party may replace or amend its contact details by notifying its replacement or amended contact details to the other Party not less than 48 hours before the implementation of replacement or amendment of its contact details.
8 Dispute Resolution Procedure
8.1 Any question, dispute, or difference between the Parties concerning the interpretation, effect, implementation, or application of any of the terms or provisions of this Contract (including any terms or provisions for payment of any charges or other sums VAT or interest) shall be decided or resolved by the following dispute resolution procedure that is to say :-
(1) if at all possible by informal discussions between the Parties within 3 working days after such question dispute or difference first arises or becomes apparent;
(2) if after undertaking discussions on 2 separate occasions (on different working days) such question dispute or difference remains unresolved the Parties (or one or other of them) shall within 4 working days after the later or latest of such discussions refer the question dispute or difference to an individual independent of the Parties with (having regard to the nature of such question dispute or difference) suitable qualifications expertise and experience to resolve or make a determination of such question dispute or difference (‘the Appointee‘) appointed by agreement between the Parties within such 4 working days;
(3) if the Parties cannot agree to the appointment of the Appointee within such 3 working days, they (or one or other of them) shall within 5 working days after the later or last of such discussions apply to the President for the time being of the Staffordshire Chamber of Commerce to make such appointment;
(4) the Appointee shall, within 5 working days after his or her appointment, convene a meeting with the Parties and endeavour to mediate a resolution of the question dispute or difference;
(5) if no such resolution is achieved, the Appointee shall, within 5 working days after such meeting, make his or her own determination of such question dispute or difference (acting as an expert and not as an arbitrator) and communicate that determination in writing to the Parties;
(6) in making his or her determination the Appointee shall also determine (as an expert and not as an arbitrator) which of the Parties shall pay the costs or part of the costs of his or her appointment of his or her convening and attending the said meeting and of his or her determinations (and in what amount or amounts as between the Parties);
(7) the determinations of the Appointee shall be final conclusive and binding as between and on the Parties.
8.2 neither Party shall commence or bring any court tribunal or arbitration proceedings in respect of such question dispute or difference unless and until the foregoing dispute resolution procedure has been exhausted.
8.3 These Terms & Conditions are governed by the Law in England & Wales.