by angry2
Wed Nov 13, 2013 3:12 pm
Hi there
I run a small business and was contacted by phone to say this company National Business Pages had been advertising my business on Google for a year and now I owed them £299.99 plus VAT for the services they had been providing. I have been contacted a lot from advertising firms offering their services over several years but have always declined using them because of the costs involved. When I heard this I assumed I must have inadvertantly angaged them last year some time so gave them my credit card details. As I thought about it, I realised it was very unusual to pay for services 12 months in arrears, plus I had no recollection of aggreeing to any such advertising.
I phoned my bank for advice and was told as I had given my details over the phone there was nothing they could do, however the kind young man suggested I requested an invoice which I did.
Then I went onto their website to see my listing http://www.nationalbusinesspages.co.uk only to find no mention of my business at all in the search. I told the bank and they said if I hadn't received the listing after 15 days then I was to call them back and they would stop the payment for failure to supply the services promissed, which I did and they stopped payment.
Over the last 3 weeks I have had numerous phone calls from this firm demanding payment, it is getting so I don't want to pick up the phone at all.
Is there anything I can do/say to stop all this harassment?
Thank you
Angry 2
Here is a copy of the invoice, as you can see I am being billed until August 2014 not 2013 as stated in the phone call
KW090013282
14/08/2013
bh1376852625
PAID WITH THANKS
NATIONALBUSINESSPAGES.CO.UK VALID UNTIL: 14-Aug-2014
NBP MAJOR SEARCH ENGINE INDEXED PREMIUM LISTING
COMPANY DESCRIPTION
OPTIONAL IMAGE UPLOAD
GOOGLE MAP
OPTIONAL WEBSITE LINK
OPTIONAL EMAIL LINK
NBP KEY WORDS UPDATED
TELEPHONE & FAX CONTACT DETAILS UPDATED
20.00% 299.99
£299.99
£60.00
£359.99
1. DEFINITIONS
1.1 In these Terms:
"NBP" means Nationalbusinesspages.co.uk whose registered office is at 27 Old Gloucester Street, London, WC1N
3AX.
"Charges" means the charges to be paid for the Services as set out in the Specification;
"Client" means you, the client, whose name appears on the Specification;
"Contract" means the contract for Services between the Client and NBP incorporating these Terms and Conditions
and the Specification;
"Contract Date" means the date the Contract is entered into being either (1) the date of the telephone conversation
between NBP and the Client, during which NBP agreed to provide the Services and the Client agreed to pay for the
Services (the "Telephone Contract"); or (2) the date that the Client placed an order for the Services on NBPÃS
we
bsite NBP and accepted that order for the Services (the "internet Contract");
"Services" means the services set out in the Specification;
"Specification" the Services described to the Client at the point of its entry into the Contract (either by NBP over the
telephone in the case of a Telephone Contract or as specified on NBPÃS
website in the case of an Internet Contract), in
the case of a Telephone Contract such services will be confirmed to the Client in writing as soon as practicable after
the Contract Date;
"Term" means a period of one year from the Contract Date (unless agreed otherwise in the Specification);
"Terms and Conditions" means these terms and conditions;
"Website" means http://www.nationalbusinesspages.co.uk;
2. THE SERVICES
2.1 NBP shall provide the Services to the Client in consideration of the Client paying the Charges to, NBP subject to
the provisions of the Contract.
2.2 The Services shall be provided by UBP with reasonable skill and care and NBP will use its reasonable endeavors
to ensure that the Website is available to the public throughout the Term
2.3 Any period or periods of non-availability or partial availability of the Website of less than 30 consecutive days
during the Term shall not entitle the Client to terminate the Contract or to any refund of the Charges.
3. CHARGES
3.1 The Charges shall be paid in full by the Client (without deduction or set off) to NBP within 21 days of the
Contract Date or 14 days of the invoice date, whichever is the sooner.
3.2 NBP shall be under no obligation to provide any Services to the Client until the Charges have been received in
full and cleared funds.
3.3 Notwithstanding clause 3.1, NBP may (at its absolute discretion) allow the Client to pay for part or all of the
Charges in instalments and details of when the instalments are due and payable will be stated in the Specification.
3.4 If the Client fails to pay an instalment on the due date then without prejudice to other remedies NBP may have
elsewhere in the Contract, the balance of the Charges owed to NBP will become immediately due and payable.
3.5 All amounts stated are exclusive of VAT and any other applicable taxes, which will be charged in addition at the
rate in force at the time of invoice.
3.6 Any services requested by the Client and performed by NBP in addition to the Services (the "Additional
Services") will be charged for by i NBP n accordance with the hourly rates of NBP at the time such Additional
Services are ordered.
4. LATE PAYMENT
4.1 If the Client does not make a payment by the due date then NBP shall be entitled to charge interest on the
outstanding amount at the rate of 4% above the base rate from time to time of Royal Bank of Scotland plc from the
due date until the outstanding amount is paid in full.
4.2 The Client will be liable for the costs of debt collection in the event a debt collection company appointed by NBP
is required to recover monies owing by the Client to NBP save that such sums will be identified to the Client in
advance prior to such costs being incurred.
5. THE TERM
5.1 The Contract will commence on the Contract Date and continue to operate for the Term, subject to earlier
termination under clause 8.
5.2 The Client is entitled to cancel the Contract within seven days of the Contract Date by notifying in NBP writing.
6. RESPONSIBILITIES OF THE CLIENT
6.1 The Client shall supply to NBP , in the form required by NBP, all information required by NBP to enable NBP to
perform the Services effectively.
6.2 The Client warrants that all information supplied to NBP in accordance with 6.1 is true, accurate and complies
with all advertising code(s) currently in force at the date such information is provided. Please note, NBP accepts no
liability for ensuring the Clients compliance with any or all advertising code(s).
6.3 The Client warrants that the use of the Clients information by NBP will not infringe any intellectual property
rights of any third party. The Client will upon demand indemnify and keep NBP indemnified against all liabilities,
losses, costs, claims and demands arising from any alleged or actual infringement of such rights in the Services. The
Client will, at its own expense defend or assist in the defence of any proceedings which may be brought in that
connection. whatsoever suffered or incurred by NBP pursuant to an infringement of third party intellectual property
rights in accordance with this clause 6.3
6.4 The Client warrants that the contents of any website referred to in NBPÃS
directory listing is listed with the re
quisite authority of the owner of the website and such website is free from illegal, criminal, defamatory or tortious
materials. The Client will on demand indemnity NBP and keep NBP indemnified against all liabilities, losses, costs,
claims and demands whatsoever suffered or incurred by NBP arising out of breach of this clause 6.4.
7. LIABILITY
7.1 Except in the case of death or personal injury caused by NBPÃS
negligence, NBPÃS
liability under or in conn
ection with this Contract, whether arising in contract, tort, negligence, breach of statutory duty or otherwise, shall not
exceed the charges payable by the Client in the 12 months preceeding the date of the relevant claim arising.
7.2 Neither party shall be liable to the other party in contract, tort, negligence, breach of statutory duty or otherwise
for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party of an
indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits,
business or goodwill.
8. TERMINATION
8.1 Without prejudice to the other remedies or rights a Party may have, this Contract may be terminated by either
party on not less than three months notice in writing to the other to take effect at the expiry of the Term or any 12
month period thereafter.
8.2 Without prejudice to the other remedies or rights a Party may have, either Party may terminate this Contract with
immediate effect to the other Party ("Other Party"), if:
8.2.1 the Other Party becomes insolvent or if an order is made or a resolution is passed for the winding up of the
other Party (other than voluntarily for the purpose of solvent amalgamation or re-construction), or if an administrator,
administrative receiver or receiver is appointed in respect of the whole or any part of the Other Partys assets or
business, or if the Other Party makes any composition with its creditors or takes or suffers any similar or analogous
action in consequence of debts;
8.2.2 the other Party breaches any terms of this Contract that if remediable is not remedied by the Other Party within
7 (seven) days of the notice from the Party specifying the breach and requiring its remedy;
9. GENERAL
9.1 In this Contract unless the context otherwise requires:
9.1.1 words importing the singular number include the plural number and vice versa;
9.1.2 words importing persons include firms, companies and corporations and vice versa;
9.1.3 references to numbered clauses are references to the relevant clause of these Terms and Conditions;
9.1.4 any obligation on any Party not to do or omit to do anything is to include an obligation not to allow that thing to
be done or omitted to be done;
9.1.5 the headings to the clauses, schedules and paragraphs of this Contract are not to affect the interpretation;
9.1.6 any reference to an enactment includes reference to that enactment as amended or replaced from time to time
and to any subordinate legislation or byelaw made under that enactment; and in the event of conflict between the
terms and conditions and the terms of the Specification, the terms and conditions shall prevail. 9.2 This Contract may
only be amended in writing signed by duly authorised representatives of the Parties.
9.3 Neither Party shall assign or otherwise transfer this Contract and all of its rights and obligations under this
Contract, to any third party at any time on notice to the Other Party without the prior written agreement of the Other
Party.
9.4 This Contract contains the whole agreement between the Parties in respect of the Services and supersedes and
replaces any prior written or oral agreements, representations or understandings between them relating to such
subject matter. The Parties confirm that they have not entered into this Contract on the basis of any representation
that is not expressly incorporated into this Contract. Nothing in this Contract excludes liability for fraud.
9.5 No failure or delay by either Party in exercising any right, power or privilege under this Contract shall impair the
same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege
preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and
remedies provided in this Contract are cumulative and not exclusive of any rights and remedies provided by law.
9.6 This Contract shall not constitute or imply any partnership, agency, or other relationship between the Parties other
than the contractual relationship expressly provided for in this Contract. Neither Party shall have, nor represent that it
has, any authority to make any commitments on the other Partys behalf.
9.7 For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of
this Contract this Contract is not intended to, and does not, give any person who is not a party to it any right to
enforce any of its provisions.
9.8 If any provision of this Contract is prohibited by law or judged by a court to be unlawful, void or unenforceable,
the provision shall, to the extent required, be severed from this Contract and rendered ineffective as far as possible
without modifying the remaining provisions of this Contract, and shall not in any way affect any other circumstances
of or the validity or enforcement of this Contract.
9.9 The terms of this Contract are confidential between the parties. However, no Party shall be prohibited from
disclosing such information to the extent it is necessary to comply with any applicable law, court order or necessary
to obtain legal advice on its terms.
9.10 Any notice to be given under this Contract shall be in writing and shall be sent by first class mail to (a) in the
case of the, NBP its registered office, and (b) in the case of the Client the address notified to NBP or if none is
provided the last known address of the Client.
9.11 Notices sent as above shall be deemed to have been received 3 working days after the day of posting (in the case
of inland first class mail), or 7 (seven) working days after the date of posting (in the case of air mail).In proving the
giving of a notice it shall be sufficient to prove that the notice was left or that the envelope containing the notice was
properly addressed and posted. The validity, construction and performance of thisContract shall be governed by
English law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit.
I run a small business and was contacted by phone to say this company National Business Pages had been advertising my business on Google for a year and now I owed them £299.99 plus VAT for the services they had been providing. I have been contacted a lot from advertising firms offering their services over several years but have always declined using them because of the costs involved. When I heard this I assumed I must have inadvertantly angaged them last year some time so gave them my credit card details. As I thought about it, I realised it was very unusual to pay for services 12 months in arrears, plus I had no recollection of aggreeing to any such advertising.
I phoned my bank for advice and was told as I had given my details over the phone there was nothing they could do, however the kind young man suggested I requested an invoice which I did.
Then I went onto their website to see my listing http://www.nationalbusinesspages.co.uk only to find no mention of my business at all in the search. I told the bank and they said if I hadn't received the listing after 15 days then I was to call them back and they would stop the payment for failure to supply the services promissed, which I did and they stopped payment.
Over the last 3 weeks I have had numerous phone calls from this firm demanding payment, it is getting so I don't want to pick up the phone at all.
Is there anything I can do/say to stop all this harassment?
Thank you
Angry 2
Here is a copy of the invoice, as you can see I am being billed until August 2014 not 2013 as stated in the phone call
KW090013282
14/08/2013
bh1376852625
PAID WITH THANKS
NATIONALBUSINESSPAGES.CO.UK VALID UNTIL: 14-Aug-2014
NBP MAJOR SEARCH ENGINE INDEXED PREMIUM LISTING
COMPANY DESCRIPTION
OPTIONAL IMAGE UPLOAD
GOOGLE MAP
OPTIONAL WEBSITE LINK
OPTIONAL EMAIL LINK
NBP KEY WORDS UPDATED
TELEPHONE & FAX CONTACT DETAILS UPDATED
20.00% 299.99
£299.99
£60.00
£359.99
1. DEFINITIONS
1.1 In these Terms:
"NBP" means Nationalbusinesspages.co.uk whose registered office is at 27 Old Gloucester Street, London, WC1N
3AX.
"Charges" means the charges to be paid for the Services as set out in the Specification;
"Client" means you, the client, whose name appears on the Specification;
"Contract" means the contract for Services between the Client and NBP incorporating these Terms and Conditions
and the Specification;
"Contract Date" means the date the Contract is entered into being either (1) the date of the telephone conversation
between NBP and the Client, during which NBP agreed to provide the Services and the Client agreed to pay for the
Services (the "Telephone Contract"); or (2) the date that the Client placed an order for the Services on NBPÃS
we
bsite NBP and accepted that order for the Services (the "internet Contract");
"Services" means the services set out in the Specification;
"Specification" the Services described to the Client at the point of its entry into the Contract (either by NBP over the
telephone in the case of a Telephone Contract or as specified on NBPÃS
website in the case of an Internet Contract), in
the case of a Telephone Contract such services will be confirmed to the Client in writing as soon as practicable after
the Contract Date;
"Term" means a period of one year from the Contract Date (unless agreed otherwise in the Specification);
"Terms and Conditions" means these terms and conditions;
"Website" means http://www.nationalbusinesspages.co.uk;
2. THE SERVICES
2.1 NBP shall provide the Services to the Client in consideration of the Client paying the Charges to, NBP subject to
the provisions of the Contract.
2.2 The Services shall be provided by UBP with reasonable skill and care and NBP will use its reasonable endeavors
to ensure that the Website is available to the public throughout the Term
2.3 Any period or periods of non-availability or partial availability of the Website of less than 30 consecutive days
during the Term shall not entitle the Client to terminate the Contract or to any refund of the Charges.
3. CHARGES
3.1 The Charges shall be paid in full by the Client (without deduction or set off) to NBP within 21 days of the
Contract Date or 14 days of the invoice date, whichever is the sooner.
3.2 NBP shall be under no obligation to provide any Services to the Client until the Charges have been received in
full and cleared funds.
3.3 Notwithstanding clause 3.1, NBP may (at its absolute discretion) allow the Client to pay for part or all of the
Charges in instalments and details of when the instalments are due and payable will be stated in the Specification.
3.4 If the Client fails to pay an instalment on the due date then without prejudice to other remedies NBP may have
elsewhere in the Contract, the balance of the Charges owed to NBP will become immediately due and payable.
3.5 All amounts stated are exclusive of VAT and any other applicable taxes, which will be charged in addition at the
rate in force at the time of invoice.
3.6 Any services requested by the Client and performed by NBP in addition to the Services (the "Additional
Services") will be charged for by i NBP n accordance with the hourly rates of NBP at the time such Additional
Services are ordered.
4. LATE PAYMENT
4.1 If the Client does not make a payment by the due date then NBP shall be entitled to charge interest on the
outstanding amount at the rate of 4% above the base rate from time to time of Royal Bank of Scotland plc from the
due date until the outstanding amount is paid in full.
4.2 The Client will be liable for the costs of debt collection in the event a debt collection company appointed by NBP
is required to recover monies owing by the Client to NBP save that such sums will be identified to the Client in
advance prior to such costs being incurred.
5. THE TERM
5.1 The Contract will commence on the Contract Date and continue to operate for the Term, subject to earlier
termination under clause 8.
5.2 The Client is entitled to cancel the Contract within seven days of the Contract Date by notifying in NBP writing.
6. RESPONSIBILITIES OF THE CLIENT
6.1 The Client shall supply to NBP , in the form required by NBP, all information required by NBP to enable NBP to
perform the Services effectively.
6.2 The Client warrants that all information supplied to NBP in accordance with 6.1 is true, accurate and complies
with all advertising code(s) currently in force at the date such information is provided. Please note, NBP accepts no
liability for ensuring the Clients compliance with any or all advertising code(s).
6.3 The Client warrants that the use of the Clients information by NBP will not infringe any intellectual property
rights of any third party. The Client will upon demand indemnify and keep NBP indemnified against all liabilities,
losses, costs, claims and demands arising from any alleged or actual infringement of such rights in the Services. The
Client will, at its own expense defend or assist in the defence of any proceedings which may be brought in that
connection. whatsoever suffered or incurred by NBP pursuant to an infringement of third party intellectual property
rights in accordance with this clause 6.3
6.4 The Client warrants that the contents of any website referred to in NBPÃS
directory listing is listed with the re
quisite authority of the owner of the website and such website is free from illegal, criminal, defamatory or tortious
materials. The Client will on demand indemnity NBP and keep NBP indemnified against all liabilities, losses, costs,
claims and demands whatsoever suffered or incurred by NBP arising out of breach of this clause 6.4.
7. LIABILITY
7.1 Except in the case of death or personal injury caused by NBPÃS
negligence, NBPÃS
liability under or in conn
ection with this Contract, whether arising in contract, tort, negligence, breach of statutory duty or otherwise, shall not
exceed the charges payable by the Client in the 12 months preceeding the date of the relevant claim arising.
7.2 Neither party shall be liable to the other party in contract, tort, negligence, breach of statutory duty or otherwise
for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party of an
indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits,
business or goodwill.
8. TERMINATION
8.1 Without prejudice to the other remedies or rights a Party may have, this Contract may be terminated by either
party on not less than three months notice in writing to the other to take effect at the expiry of the Term or any 12
month period thereafter.
8.2 Without prejudice to the other remedies or rights a Party may have, either Party may terminate this Contract with
immediate effect to the other Party ("Other Party"), if:
8.2.1 the Other Party becomes insolvent or if an order is made or a resolution is passed for the winding up of the
other Party (other than voluntarily for the purpose of solvent amalgamation or re-construction), or if an administrator,
administrative receiver or receiver is appointed in respect of the whole or any part of the Other Partys assets or
business, or if the Other Party makes any composition with its creditors or takes or suffers any similar or analogous
action in consequence of debts;
8.2.2 the other Party breaches any terms of this Contract that if remediable is not remedied by the Other Party within
7 (seven) days of the notice from the Party specifying the breach and requiring its remedy;
9. GENERAL
9.1 In this Contract unless the context otherwise requires:
9.1.1 words importing the singular number include the plural number and vice versa;
9.1.2 words importing persons include firms, companies and corporations and vice versa;
9.1.3 references to numbered clauses are references to the relevant clause of these Terms and Conditions;
9.1.4 any obligation on any Party not to do or omit to do anything is to include an obligation not to allow that thing to
be done or omitted to be done;
9.1.5 the headings to the clauses, schedules and paragraphs of this Contract are not to affect the interpretation;
9.1.6 any reference to an enactment includes reference to that enactment as amended or replaced from time to time
and to any subordinate legislation or byelaw made under that enactment; and in the event of conflict between the
terms and conditions and the terms of the Specification, the terms and conditions shall prevail. 9.2 This Contract may
only be amended in writing signed by duly authorised representatives of the Parties.
9.3 Neither Party shall assign or otherwise transfer this Contract and all of its rights and obligations under this
Contract, to any third party at any time on notice to the Other Party without the prior written agreement of the Other
Party.
9.4 This Contract contains the whole agreement between the Parties in respect of the Services and supersedes and
replaces any prior written or oral agreements, representations or understandings between them relating to such
subject matter. The Parties confirm that they have not entered into this Contract on the basis of any representation
that is not expressly incorporated into this Contract. Nothing in this Contract excludes liability for fraud.
9.5 No failure or delay by either Party in exercising any right, power or privilege under this Contract shall impair the
same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege
preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and
remedies provided in this Contract are cumulative and not exclusive of any rights and remedies provided by law.
9.6 This Contract shall not constitute or imply any partnership, agency, or other relationship between the Parties other
than the contractual relationship expressly provided for in this Contract. Neither Party shall have, nor represent that it
has, any authority to make any commitments on the other Partys behalf.
9.7 For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of
this Contract this Contract is not intended to, and does not, give any person who is not a party to it any right to
enforce any of its provisions.
9.8 If any provision of this Contract is prohibited by law or judged by a court to be unlawful, void or unenforceable,
the provision shall, to the extent required, be severed from this Contract and rendered ineffective as far as possible
without modifying the remaining provisions of this Contract, and shall not in any way affect any other circumstances
of or the validity or enforcement of this Contract.
9.9 The terms of this Contract are confidential between the parties. However, no Party shall be prohibited from
disclosing such information to the extent it is necessary to comply with any applicable law, court order or necessary
to obtain legal advice on its terms.
9.10 Any notice to be given under this Contract shall be in writing and shall be sent by first class mail to (a) in the
case of the, NBP its registered office, and (b) in the case of the Client the address notified to NBP or if none is
provided the last known address of the Client.
9.11 Notices sent as above shall be deemed to have been received 3 working days after the day of posting (in the case
of inland first class mail), or 7 (seven) working days after the date of posting (in the case of air mail).In proving the
giving of a notice it shall be sufficient to prove that the notice was left or that the envelope containing the notice was
properly addressed and posted. The validity, construction and performance of thisContract shall be governed by
English law and shall be subject to the exclusive jurisdiction of the English courts to which the Parties submit.
