Application the process as set out within the USkip Platform which Operators must successfully complete in order for the Services to be promoted by USkip.
Business Day a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Business Hours 08:00 to 18:00 on any Business Day.
Collection Date the date (and time) on which the Product will be collected from the Customer, being no more than 2 weeks after the delivery date.
Commission 15% (including VAT) of the Operator Price [or £10, whichever is the higher].
Customer a person who makes a Reservation and pays the Price for a Product.
Customer Terms the terms and conditions provided to every Customer upon Reservation by USkip (as updated from time to time, a copy of which is provided at Schedule 1).
Delivery Date the date (and time) on which a Product will be delivered to a Customer.
Deposit the sum required from a Customer when making a Reservation.
Events Outside our Control as defined in clause 14.
Hire Period the duration of time the Service is to be provided by the Operator to the Customer, starting on Delivery Date and ending on Collection Date as set out in the Reservation.
Minimum Standards the minimum requirements the Operator must meet, as set out by USkip and updated from time to time.
Operator the provider of the Services, whose details have been provided to USkip via the Application, and which USkip agrees to enter into this agreement with.
Price the total price as advertised on the USkip Platform, including the Deposit, payable by a Customer upon a Reservation being accepted by the Operator.
Product the skip or any other item provided to you by the Operator in order to fulfil the Services.
Reservation a request for a Product submitted by a Customer through the USkip Platform.
Restrictions as set out in clause 10.1.3 and as updated from time to time.
Services the provision of Product hire as provided by the Operator.
Specific Terms specific restrictions applicable to a Reservation as specified by the Operator, Customer or USkip.
USkip USkip Limited (Company No 08361160) whose registered office is at 5 Ducketts Wharf, South Street, Bishop's Stortford, Hertfordshire, United Kingdom, CM23 3AR.
USkip Platform The website USkip.com and any application provided by USkip via which the Services are advertised.
1.2 Clause and paragraph headings shall not affect the interpretation of this agreement.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4 The Schedules form part of this agreement and shall have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the Schedules.
1.5 References to clauses and Schedules are to the clauses and Schedules of this agreement.
1.6 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.7 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.8 A reference to a statute or statutory provision is a reference to it as it is in force as at the date of this agreement.
1.9 A reference to a statute or statutory provision shall include all subordinate legislation made as at the date of this agreement under that statute or statutory provision.
1.10 A reference to writing or written includes email but not fax.
1.11 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2.1 The Operator hereby appoints USkip as its exclusive marketing agent to promote the Services via the USkip Platform and allow Customers to reserve the Operator’s Services via the USkip Platform on the terms of this agreement and both parties accept appointment on these terms.
2.2 This agreement shall come into existence when USkip notifies the Operator of acceptance of the Operator’s Application and shall continue until terminated in accordance with the terms of this agreement.
2.3 The Operator agrees to be bound to each Customer on the Customer Terms. Breach of the Customer Terms by the Operator may result in termination of this Agreement (and Customers may bring action against the Operator).
3.1 The Operator shall:
3.1.1 keep all information on the USkip Platform updated as necessary;
3.1.2 ensure the they meet the Minimum Standards;
3.1.3 provide the Services to Customers in accordance with this agreement and Customer Terms;
3.1.4 at all times provide their Services to Customers in a safe manner in accordance with and complying to all current legislation including fire risk, waste and recycling regulations, and any additional measures set out in set out within the Minimum Standards;
3.1.5 pay all charges applicable including but not limited to all applicable licence fees and other charges incurred in the provision of the Services e.g. parking charges;
3.1.6 notify USkip of any changes to the Operator contact details;
3.1.7 maintain public liability insurance (to a minimum value of £2,000,000 or the value that the park/site dictates, whichever is higher) in respect of the Services;
3.1.8 be responsible for the veracity of information provided to USkip (including the Operator price);
3.1.9 Where necessary, permits to deliver or store the Products for the duration of the Services, will need to be obtained by the Customer or the Operator. USkip are not responsible for securing necessary permits for the duration of the contract.
3.1.10 notify USkip as soon as possible if it is believed that an error has occurred on the USkip Platform; and
3.1.11 for the duration of the agreement or two years after its termination, howsoever arising, enter into any analogous agreement for the provision of Services or services similar to the Services with any party without the prior written permission of USkip.
4.1 USkip shall:
4.1.1 list, advertise and otherwise market the Services on the USkip Platform to encourage Reservations, which includes online correspondence, advertising and marketing at USkip’s sole discretion;
4.1.2 provide Reservation information in relation to the Operator’s Services;
4.1.3 bear the cost of its own activities;
4.1.4 comply with the requirements of the Data Protection Act 1998 and all subordinate and successive legislation;
4.1.5 maintain records of all transactions in relation to the Operator’s Services for as long as the term of this agreement;
4.1.6 receive, account and make payments via bank transfer to the Operator (less the Commission), in accordance with the terms of this agreement.
4.2 USkip shall not:
4.2.1 be liable to the Operator for any damage to the Operator’s business howsoever arising;
4.2.2 be required to list, advertise or otherwise market the Operator’s Services if it does not meet the Minimum Standards; or
4.2.3 provide or arrange, or be liable to provide or arrange, any other services relating to the provision of the Operator’s Services.
5.1 If the Operator does not meet the Minimum Standards then USkip may, acting in its sole discretion and at the Operators cost may do one, some or all of the following;
5.1.1 transfer a Customer to another operator; and/or,
5.1.2 pay the reasonable compensation to the Customers and recover a sum equal to such compensation from the Operator as a debt; and/or,
5.1.3 cancel Reservations and not accept future Reservations in respect of the Operator until the Operator can demonstrate that they meet the specific issue as notified to the Operator by the Customer or USkip is resolved; and/or,
5.1.4 withhold payments to the Operator; and/or,
5.1.5 settle claims by Customers and recover the costs of such claims from the Operator as a debt; and/or,
5.1.6 debit the Operators account for a sum equal to the Commission, any other fees or expenses due.
6.1 USkip shall pay to the Operator the Price, less the Commission and any other administrative charges and levies (including VAT) for any Hire Period where USkip has been fully remunerated by a Customer.
6.2 Payment shall be made by USkip to the Operator within 30 days of USkip receiving payment for the Services from the Customer.
6.3 The payment made by USkip will be to the account set out on the Application and as updated by the Operator from time to time.
7.1 In the event of a complaint from a Customer about the Services:
7.1.1 the Operator will engage with a Customer directly and in good faith attempt to resolve any complaint as quickly as possible;
7.1.2 if a resolution cannot be reached between the parties then USkip will decide the outcome given the evidence presented. USkip’s authority will be absolute and binding on both parties.
7.2 For the avoidance of doubt, any claim that follows as a result of a complaint raised by a Customer (whether deemed resolved or not) shall be the responsibility of the Operator and the Operator’s decision shall be final, and binding on both parties.
8.1 Operators will be given 2 hours from the time a Customer submits a Reservation to accept that offer and begin to provide the Services. Where the Customer submits a Reservation outside of Business Hours, Operators will have 2 hours from the beginning of the next Business Day to accept that offer and begin to provide the Services.
8.2 If the Operator:
8.2.1 declines the Reservation; or
8.2.2 fails to accept the Reservation in accordance with 8.1,v
then the Customer will be notified that the Operator cannot provide the Services.
8.3 If an Operator declines or fails to accept three consecutive Reservations then USkip may cease or suspend the provision of its Services to the Operator and may terminate this agreement with immediate effect by providing notice to the Operator.
9.1 Cancellation can be made by an Operator, a Customer or USkip.
9.2 Cancellation notice must be given via the USkip Platform using the provided communication tools or addresses.
9.3 If the Operator cancels a Reservation then they shall not receive any refund of the Price. If an Operator cancels a Reservation within 24 hours of the Delivery Date, then USkip reserve the right to levy an administrative charge against the Operator which shall be payable on demand.
9.4 Customer Cancellation
9.4.1 A Customer may cancel a Reservation up to 10 Business Days before the Delivery Date. In this circumstance the Operator shall not receive any payment.
9.4.2 A Customer may cancel a Reservation less than 10 Business Days before the Delivery Date; however the Customer will be charged a percentage of the Price as calculated at 9.2.3 below.
9.4.3 If a Customer cancels a Reservation under clause 10.2, the following charges will apply to a Customer and the Operator shall receive the percentage of the Price set out below, less Commission:
|Period of time before Delivery Date (Business Days)||% refund to Operator less Commission|
|48 hours or less||90%|
|After 7pm the Business Day beofre the Delivery Date||100%|
9.4.4 USkip will not release any funds due to the Customer until after the Delivery Date.
9.4.5 The Operator may charge a Customer up to £50.00 for the inability to provide the Services due to the Customers act; failure or omission (e.g. failed delivery date due to inadequate details).
9.5 USkip Cancellation
9.5.1 If, for any reason, USkip is unable to offer the Operator’s Services to the Customer for the duration of the Hire Period due to the fault of USkip, then USkip shall use reasonable endeavours to find a suitable alternative Product for the Customer.
9.5.2 USkip may cancel the contract for the hire at any time with immediate effect by giving the Customer written notice if the Customer does not pay USkip when they are supposed to.
10.1 This contract shall continue, until terminated, for 5 years from the day it starts.
10.2 Without prejudice to any rights that have accrued under this agreement or any of its rights or remedies, either party may terminate this agreement with immediate effect by giving written notice to the other party if either party:
10.2.1 commits a breach of any of the terms or conditions of this agreement and the breach (if capable of remedy) is not remedied within 14 days of being notified to the other party in writing;
10.2.2 goes into administration, liquidation or is otherwise insolvent or unable to pay its debts as the fall due; or,
10.2.3 (or any part partner forming part of a party) becomes bankrupt.
10.3 Similar measures to 11.1.1 and 11.1.2 occur in any other jurisdiction.
11.1 In the event of USkip terminating the agreement in accordance with clause 11, without prejudice to any other rights or remedies that USkip may have, USkip may:
11.1.1 cancel any Reservations in respect of the Services;
11.1.2 transfer any Customers to another Services;
11.1.3 in the event that USkip is unable to transfer the Customer’s Reservation to another Services, to cancel the Reservation;
11.1.4 withhold payments to the Operator;
11.1.5 settle any claims by Customers;
11.1.6 debit the Operators account with a sum equal to the Commission, any other costs incurred and VAT applicable for a letting of the Services for the period of the Product as confirmed in the Customer’s Reservation (Whether USkip has been able to transfer a Customers to another Services or not) and the Operator shall pay all such Commission, costs incurred and VAT; and
11.1.7 at its discretion, deduct from any sums due to the Operator; or charge the Operator, and the Operator shall pay to USkip a sum equal to, any sums incurred by USkip.
11.2 Termination of this agreement, for any reason, shall not affect the accrued rights, remedies, obligations or liabilities of the parties existing at termination.
12.1 The Operator shall indemnify USkip against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by USkip arising out of or in connection with any:
12.1.1 breach of the warranties contained in this agreement (including, but not limited to, clause 3);
12.1.2 Operator breach or negligent performance or non-performance of this Agreement;
12.1.3 claim made against USkip for actual or alleged infringement of a third party's intellectual Services rights arising out of or in connection with the advertisement of the Services using media, materials or copy provided by the Operator;
12.1.4 claim made against USkip by a Customer or third party for death, personal injury or damage to Services arising out of or in connection with the Services.
12.2 The Operator shall indemnify and hold harmless USkip against all liabilities, costs, expenses, damages and losses suffered or incurred by USkip arising out of or in connection with the Operator’s breach or negligent performance or non-performance of this agreement and/or any claim made against USkip by a Customer. This indemnity shall not cover USkip to the extent that a claim under it results from USkip’s negligence or wilful misconduct.
12.3 USkip shall not be liable for, and the Operator agrees to hold USkip harmless for, any loss or damage to the Services caused by Customers.
12.4 No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
13.1 Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for one month, the party not affected may terminate this agreement by giving 5 Business Day’s written notice to the affected party.
13.2 Should any event or circumstance beyond the Operators reasonable control occurs which means the Services cannot be provided to a Customer, the Operator must inform USkip as soon as possible so an alternative Product or a refund can be arranged for a Customer.
14.1 This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter.
14.2 Each party agrees that it shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that its only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) shall be for breach of contract.
14.3 No variation of this agreement shall be effective unless it is in writing and signed by each of the parties (or their authorised representatives).
15.1 Failure to exercise, or any delay in exercising, any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.
15.2 No single or partial exercise of any right or remedy provided under this agreement or by law shall preclude or restrict the further exercise of that or any other right or remedy.
Except as otherwise provided in this agreement, the Operator may not assign, sub-contract or deal in any way with, any of its rights or obligations under this agreement or any document referred to in it.
17.1 A notice given to a party under or in connection with this agreement shall be in writing and sent to the party at the address given in this agreement, on the USkip Platform or as otherwise notified in writing to the other party.
17.2 The following table sets out methods by which a notice may be sent and its corresponding deemed delivery date and time:
|Delivery method||Deemed delivery date and time|
|Delivery by hand or courier.||On signature of a delivery receipt or at the time the notice is left at the address.|
|Pre-paid first class post or other next working day delivery service providing proof of postage.||Midday on the second Business Day after posting or at the time recorded by the delivery service – whichever is earlier.|
|Email: To the address as set out in the Application||At the time of transmission if on a Business Day, otherwise at 10:00 on the next Business Day after transmission.|
17.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
Except as expressly stated, nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party USkip of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
A person who is not a party to this agreement shall not have any rights under or in connection with it.
The validity, construction and performance of the agreement shall be governed by English law and any claims or redress sought under it shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit.