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Terms and conditions of business

COLLECT A CASE TERMS AND CONDITIONS OF BUSINESS

Collect a Case is a supplier of field agent based appointments typically requiring completion of client paperwork for applications or claims and collection of sensitive client documentation. The information collected can be delivered electronically or via hard copy medium back to the account user to aid with the speed of turnaround and increased accuracy of completed client information packs.

The service is delivered by Collect a Case Ltd (Company No 06805195), 4th Floor, Merchant Exchange, Waters Green, Macclesfield, Cheshire, SK11 6JX.

Instructing our services requires an active Customer Account, agreement to the following terms & conditions and access to our company portal where individual users can instruct and manage all aspects of their appointments.

If you haven’t already done so, you can call one of our team on 01625 506890 who can arrange for an account application to be completed for you.

1. DEFINITIONS

In these Terms & Conditions of Business, the following words and expressions shall have the following meanings:-“Appointment” means an appointment booked via The Company’s Booking Portal for a specific date and time agreed between the Account Holder and Client.

“Business Day” means a day other than Saturday, Sunday or a day on which banks are authorised to close in London.

“The Company” means Collect a Case Limited (Limited Company Number 6805195).

“Account Holder” means company business or individual instructing the service of The Company.

“Client” means a Client or potential customer The Company have been instructed to visit via the Account Holder.

“Commencement Date” means the date of the creation of first instruction by the account holder.

“Completed Appointment” means the execution by agent of the instructions given by the Account Holder and updated accordingly on the Company Portal.

“Service” means and service supplied by the company to the account holder.

“Force Majeure” means any event outside the reasonable control of either party affecting its ability to perform any of its obligations (other than payment) under this Agreement including but without limitation: fire, flood, lightening, war, revolution, terrorism, riot, strike, lock-out or other industrial action, failure of supplies or power, fuel, transport, equipment, raw materials, traffic accident or road closure.

“Agent” means the person representing The Company who will visit the Account Holder’s Client to assist in the completion and collection of prescribed documentation.

“Intellectual Property Rights” means any patent, design, domain name, know-how, design right, copyright or other intellectual right anywhere in the world.

“Registered Users” means any person with a profile stored in The Company area of the Account Holder.

“Innocent Party” means a party that did not intentionally mean/or intend to be party to a disputed matter.

“Defaulting Party” means the party who did not uphold and enforce their part of the current terms of business.

“Prescribed Documentation” means Account Holder paperwork and Client’s supporting documents.

“Booking Portal” means the Client Appointment Booking portal provided by The Company for booking and managing Client appointments.
“Postal Method” means the agreed return method for the prescribed documentation.
“Posted” means the Postal Method has been executed.
“Parties” means Account Holder and The Company.
“SLA” means Service Level Agreement.
By accepting these terms, the Account Holder appoints The Company to provide the service set out in this Agreement and this Agreement shall come into force on the commencement date and shall continue in force until either party provides the other with not less than 30 day’s notice of termination in writing.

1.1 Any party (“innocent party”) may give notice in writing to the other (“defaulting party”) terminating the Agreement with immediate effect if:-

1.1.1 the defaulting party commits any material breach of any of the terms of this Agreement and that breach (if capable of remedy) is not remedied within 15 business days of notice being given by the innocent party requiring it to be remedied;

1.1.2 the defaulting party takes any corporate action or other steps are taken or legal proceedings are started for its winding up or dissolution or for it to enter into any arrangement or composition for the benefit of creditors or for the appointment of a receiver, administrator, administrative receiver, trustee, or similar person of any of its revenues or assets or distress being executed against, or an encumbrance taking possession of, any of its revenues or assets.

2. ACCOUNT HOLDER’S SERVICE LEVELS

2.1 The Account Holder undertakes and agrees with The Company at all times during the term of engagement of services by the company:-

2.1.1 to notify The Company via their portal of the details of each Client including and not limited to: full name, home address, postcode, daytime contact telephone number, evening contact number, prescribed documentation and appointment date, time and address;

2.1.2 to act towards The Company conscientiously and in good faith and not to allow its interests to conflict with the duties that it owes to The Company under this Agreement and/or any legal requirements;

2.1.3 not to act in a way which will incur any liabilities by, or on behalf of, The Company;

2.1.4 to comply with all reasonable and lawful instructions of The Company concerning the booking of appointments and usage of any systems or software provided by The Company;

2.1.5 to promote The Company to Clients with all due care and diligence;

2.1.6 to inform The Company at the earliest opportunity of the termination of employment of any registered user with access to their Booking Portal, or any other system provided by The Company, to ensure the Account Holder’s data security;

2.1.7 to act in accordance with sound commercial principles in its relations with Clients and do nothing which The Company may consider to be prejudicial to the goodwill, reputation or commercial interests of The Company;

2.1.8 to inform The Company promptly of any complaint or enquiry received by the Account Holder from a Client concerning The Company or any of its representatives;

2.1.9 not without The Company’s prior written consent to make or give any representations, warranties or other promises concerning The Company;

2.1.10 for the duration of this Agreement and for 6 months following termination of this Agreement, not to solicit, facilitate the solicitation of, or seek to do business with any Agent or employee of The Company;

2.1.11 not to divulge to any 3rd party, or make use of or demonstrate to any 3rd party any system or software of The Company that requires a password or is not in the public domain;

2.1.12 to rate every pack on the Booking Portal on the day it is received or within 5 working days. Any packs not rated within this period will be treated as pack rated 1.

2.1.12.1 Pack definitions: – pack rated 1 = pack received was perfect; pack rated 2 = pack received had missing information but could be obtained over the telephone and is for feedback only; pack rated 3 = pack received was incomplete and may require a revisit by the agent.

2.2 It is accepted by the Account Holder that all registered users are authorised to instruct the service of The Company.2.3 The Account Holder may give to The Company an exhaustive list of IP Addresses and The Company can lockdown the access points to these IP Addresses.

2.4 A full list of current users is available in “My Company Area” on the Booking Portal and it is the Account Holders’ responsibility to ensure that this list is kept up to date. The Company takes no responsibility for the actions of registered users that access the Booking Portal on behalf of the Account Holder.

3. THE COMPANY’S SERVICE LEVELS

The Company undertakes and agrees with the Account Holder that at all times while acting under instruction by the account holder:-

3.1 All Agents of The Company will endeavour to attend appointments at the time indicated on the Booking Portal. The Company requires 1 hour flexibility from the Account Holder and Client from the appointment start time, to allow for any unforeseen travel problems the Agent may encounter.3.2 Agents will not offer advice to any Client of the Account Holder. Agents will always act in the best interests of the Account Holder and use their best endeavours to ensure that the prescribed documentation is completed accurately and returned using the agreed Postal Method.

3.3 To inform the Account Holder at the earliest convenience of any grievance, complaint or questions from a Client of the Account Holder.

3.4 The Company will not be held liable for the potential value/loss of revenue of a Client in the event a Client cancels with the Account Holder citing The Company or any of its representatives as their reason.

3.5 The Company will conduct a full investigation into any complaint received and provide full feedback to the Account Holder in line with our complaints procedure

3.6 To keep all information provided by and for the Account Holder in a secure data centre that is fire proof, mirrored, access limited to authorised personnel only and maintained by separate power in accordance with our business continuity and disaster recovery plan.

3.7 All completed appointments will be posted back via Royal Mail to the Account Holder no later than the next working day, using one of the following postal methods selected by the account user:-

3.7.1 1st Class Recorded Post. The Company will supply proof of posting by way of tracking number using this method and payment will become due when proof of postage is supplied. For full details of this service, please follow this link http://www.royalmail.com/personal/uk-delivery/signed-for-1st-class;3.7.2 GND Special Delivery before 1pm. The Company will supply proof of posting by way of tracking number using this method and payment will become due on delivery of the documents. For full details of this service, please follow this link http://www.royalmail.com/personal/uk-delivery/special-delivery

3.8 Appointments will be treated as pack rated 1 until the Account Holder updates The Company otherwise or until the 5 days have expired as in 2.1.12.3.9 All data provided by the Account Holder will be treated as private and confidential and will not be released to any 3rd party without the prior written consent of the Account Holder unless required by law, or for any other reason why The Company would be obliged to release this information.

3.10 The Account Holder will be informed at the earliest opportunity of any amendments made to an instruction including and not limited to the addition of Client notes, change in appointment status, change of appointment date or time, completion of appointment or confirmation that the prescribed documentation has been posted.

3.11 The Company reserve the right to have all packs forwarded to its office for quality checking purposes. All packs will be updated on the day they are received and forwarded to the Account Holder no later than the next working day.

4. NO PARTNERSHIP

4.1 Nothing in this Agreement shall create, or be deemed to create, a partnership or joint venture or relationship of employer and employee or principal and Agent between the Parties to this Agreement.

5. VARIATIONS

5.1 This Agreement may be varied at any time by The Company by giving notice in writing to the Account Holder. Should the Account Holder disagree with any of the variations they may terminate the Agreement without liability to The Company. No other variation of this Agreement shall be effective unless it is in writing and is signed by an authorised representative of each Party.

6. NO WAIVER

6.1 No provision of the Agreement shall be waived unless agreed to be waived by both Parties in writing. If any provision is waived, then that waiver shall operate for that instance only and not any future instances, unless agreed otherwise by both Parties in writing.

6.2 These terms contain the entire terms of business between the Parties with respect to the subject matter of these terms and supersedes all other written and oral communications between the Parties. The express terms, conditions and warranties of this Agreement are in lieu of all warranties, conditions, terms, representations, statements, undertakings and obligations whether express or implied by statute, common law, custom, usage or otherwise all of which are hereby excluded to the fullest extent permitted by law. The Parties hereby confirm that they have not relied upon any representations, communications or other matters which have not been expressly stated in this Agreement. Notwithstanding any provision to the contrary, nothing in this Agreement 1 limits or excludes either Party’s liability for fraudulent misrepresentations.

6.3 This Agreement and any dispute or claim arising in connection with it shall be governed by the laws of England and shall be subject to the exclusive jurisdiction of the English Courts to which the Parties’ irrevocably submit.

7 DISPUTES

7.1 All charges are accepted by the Account Holder as payable upon receipt of Prescribed Documentation, be it electronically or physically, or appointment outcome update where no documentation is to be delivered, unless disputed by the Account Holder within 5 working days of receipt in line with clause 2.1.12;7.2 Any specific appointment that enters into dispute will be treated on an individual basis and a credit note may be issued to allow for a full investigation. If the appointment is deemed to be chargeable, the charge will appear on the next invoice immediately following the dispute resolution;

7.3 There is no right of offset for any individual dispute to allow for non-payment or delay of payment of other appointments appearing on any issued invoice.

7.4 Refunds will only be made in following circumstances

7.4.1 Refund request made against a payment held on account / pre-payment for services not delivered
7.4.2 Payment made on delivered service(s) where dispute has been received within 5 working days of delivery of service
7.4.3 At the discretion of the company in any other situation where a dispute has been upheld
7.4.4 Any payment made for a service delivered after 5 working days of receipt are Non Refundable

8 BILLING & CREDIT

8.1 The Company will raise invoices each Monday or the next working day if the Monday falls on a Bank Holiday;8.2 Payment terms are individually agreed subject to credit being approved and detailed on the issued invoice, payment must be received as cleared funds on or before the due date regardless of credit limit;

8.3 If you reach your credit limit before the date your oldest invoice is due, you must bring your balance within the agreed limit to avoid interruption to service;

8.3.1 No further bookings will be taken until your account is within the agreed credit limit.8.3.2 The Company will undertake a credit check on the Account Holder to ascertain the level of credit offered;

8.3.2.1 In the event credit is refused, upfront payments can be arranged;

8.4 Credit limits will be regularly reviewed and may be increased, decreased or withdrawn based on updated information supplied by Experian monitoring services;

8.5 Payment will be made by way of Direct Debit or Direct Bank Transfer only; the Company does not accept cheques as a payment method

8.6 Late payments outside of agreed terms may incur additional penalties and interest in line with the Late Payment of Commercial Debts (Interest) Act 1998;

8.7 The account holder, it’s directors, ultimate holding company (where applicable) and their directors remain equally and severally liable for all charges accrued and any interest or charges resulting from late payment in line with 8.6

8.8 In the event that two invoices become overdue and no payment plan has been agreed, the account will enter into default and all outstanding invoices will become due for immediate payment;

8.9 The Company reserve the right to lock Account Holder access to the Booking Portal and place the Account on prevent booking until payment has been settled in full or an alternative arrangement has been agreed;

8.10 The Company reserve the right to increase outstanding balances by 8.5% per annum once you have exceeded your credit terms;

8.11 Upon default of the account and any monies/invoices outstanding being passed to a Debt Collection Company, Credit Association and/or Solicitors Practice, an amount equal to 25% (of the default sum/outstanding amount) plus VAT (at the prevailing rate) will be added to the outstanding balance at that time.

8.12 In addition to this you will be liable for any Fixed Solicitors Costs and Court Costs that are accrued as part of the recovery process as set out by Her Majesty’s Courts and Tribunal Service at the prevailing rate.

9 GENERAL

Collect a Case reserves the right to change these Terms and Conditions at its sole discretion, in the event that these terms are changed, we will notify the key account user(s) via email with a link to the current version. The Customer’s continued use of the Services thereafter will be deemed acceptance of such changes.

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