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Actions Now

Terms of Business

1. Introduction

1.1 These Terms and Conditions apply to all debt recovery, debt collection, pre-legal recovery, referral, administration and related services provided by Actions Now Limited, a company registered in England and Wales under company number 13610558.

1.2 By instructing Actions Now Limited, submitting a debt for collection, completing an onboarding form, accepting a quotation, providing debtor information, or continuing to use Actions Now Limited’s services, the Client agrees to be bound by these Terms and Conditions.

1.3 These Terms apply to each debt placed with Actions Now Limited unless separate written terms are agreed and signed by a director of Actions Now Limited.

1.4 These Terms should be read together with any onboarding form, quotation, proposal, fee schedule, email confirmation or written agreement provided to or accepted by the Client.

2. Definitions

In these Terms:

2.1 “Actions Now”, “we”, “us” or “our” means Actions Now Limited.

2.2 “Client”, “you” or “your” means the person, company, partnership, sole trader, organisation or other entity instructing Actions Now Limited.

2.3 “Debtor” means the person, company, partnership, sole trader, organisation or other entity from whom the Debt is claimed.

2.4 “Debt” means the full amount referred to Actions Now Limited for recovery, including the principal sum, VAT, contractual interest, statutory interest, compensation, recovery costs, legal costs, court fees, enforcement fees and any other sums claimed or recoverable.

2.5 “Recovered Sums” means any money, payment, part-payment, settlement, credit, contra arrangement, set-off, return of goods, goods, services, write-back, reduction of liability, or other financial or commercial benefit received by or on behalf of the Client from the Debtor after Actions Now Limited has been instructed.

2.6 “Fees” means Actions Now Limited’s agreed commission, charges, administration fees, referral fees, legal referral fees, costs, expenses and any other sums payable by the Client under these Terms, any quotation, fee schedule, onboarding form, email confirmation or written agreement.

2.7 “Commission” means the agreed percentage or amount payable to Actions Now Limited in respect of a Debt, recovery, direct payment, settlement, Recovered Sums, withdrawal, interference event or any other event giving rise to payment under these Terms.

2.8 “Interference” means any act or omission by the Client which prevents, delays, undermines, prejudices or affects Actions Now Limited’s ability to recover the Debt or earn its agreed Fees, including but not limited to direct negotiation, undisclosed payment, settlement, withdrawal, instructing another recovery agent, withholding information or agreeing a compromise without notification to Actions Now Limited.

2.9 “Third Party” means any solicitor, barrister, enforcement agent, tracing agent, process server, subcontractor, consultant, court, insolvency practitioner or other provider involved in connection with recovery of the Debt.

3. Our Services

3.1 Actions Now Limited provides debt recovery and collection services.

3.2 Our services may include:

  1. reviewing information supplied by the Client;
  2. contacting the Debtor;
  3. issuing demands for payment;
  4. negotiating repayment proposals;
  5. seeking payment in full or by instalments;
  6. seeking recovery of interest, compensation and recovery costs where applicable;
  7. recommending escalation to solicitors or other Third Parties;
  8. liaising with approved Third Parties; and
  9. providing recovery administration and file management.

3.3 Actions Now Limited is not a firm of solicitors and does not conduct reserved legal activities.

3.4 Where legal proceedings, solicitor correspondence, court applications, enforcement, insolvency action or other legal services are required, these may be referred to solicitors or other appropriately authorised Third Parties with the Client’s approval.

3.5 Actions Now Limited will provide its services with reasonable skill and care.

3.6 Actions Now Limited does not guarantee recovery of any Debt.

4. Client Authority

4.1 The Client authorises Actions Now Limited to act as its representative for the purpose of recovering the Debt.

4.2 The Client authorises Actions Now Limited to:

  1. contact the Debtor;
  2. request payment;
  3. discuss payment proposals;
  4. negotiate repayment arrangements subject to the Client’s instructions;
  5. request documents and information from the Debtor;
  6. seek recovery of interest, compensation and recovery costs where applicable;
  7. receive payments from the Debtor;
  8. liaise with solicitors and other approved Third Parties; and
  9. take reasonable and lawful steps to assist with recovery of the Debt.

4.3 Actions Now Limited may deduct its agreed Fees, Commission, VAT, costs and expenses from sums received before remitting any balance to the Client.

4.4 Actions Now Limited will not commence court proceedings or insolvency proceedings on behalf of the Client without the Client’s prior approval.

4.5 Actions Now Limited will not agree a full and final settlement for less than the Debt without the Client’s authority, unless separate written authority has been given.

5. Client Responsibilities

5.1 The Client must provide accurate, complete and up-to-date information about the Debt.

5.2 The Client must provide all documents reasonably required by Actions Now Limited, including:

  1. invoices;
  2. contracts;
  3. terms and conditions;
  4. purchase orders;
  5. delivery notes;
  6. proof of supply;
  7. statements of account;
  8. correspondence with the Debtor;
  9. payment history;
  10. details of any dispute;
  11. details of any previous collection activity; and
  12. any other information relevant to recovery of the Debt.

5.3 The Client warrants that:

  1. the Debt is genuinely owed;
  2. the Client is entitled to recover the Debt;
  3. the Client has authority to instruct Actions Now Limited;
  4. the information supplied is true, accurate, complete and not misleading;
  5. any dispute, complaint, counterclaim, set-off, credit note, part-payment or settlement discussion has been disclosed; and
  6. the Client will cooperate with Actions Now Limited throughout the recovery process.

5.4 If the Client provides inaccurate, incomplete or misleading information, or fails to disclose relevant information, Actions Now Limited may suspend or terminate services and invoice the Client for all sums due under these Terms.

6. Fees, Commission and Payment Terms

6.1 The Client shall pay Actions Now Limited’s Fees and Commission in accordance with the applicable quotation, proposal, onboarding form, fee schedule, written agreement, email confirmation or other agreed payment terms.

6.2 Unless expressly stated otherwise, all Fees, Commission, charges and expenses are exclusive of VAT.

6.3 VAT shall be payable in addition where applicable.

6.4 Fees and Commission are payable when they become due under these Terms, any quotation, onboarding form, fee schedule, invoice, email confirmation or written agreement.

6.5 Where an invoice is issued by Actions Now Limited, the invoice shall be payable by the due date stated on the invoice. If no due date is stated, the invoice shall be payable within 30 days of the invoice date.

6.6 The Client shall not withhold, deduct, set off or delay payment of any sum due to Actions Now Limited because of any dispute between the Client and the Debtor.

6.7 Actions Now Limited may set off any sums collected from the Debtor against any sums owed by the Client to Actions Now Limited.

7. When Fees and Commission Become Payable

7.1 Actions Now Limited’s Fees and Commission become payable where, after Actions Now Limited has been instructed:

  1. the Debt is recovered in full or in part;
  2. the Debtor pays Actions Now Limited;
  3. the Debtor pays the Client directly;
  4. the Debtor pays a solicitor, enforcement agent or Third Party on behalf of the Client;
  5. the Client receives any Recovered Sums;
  6. the Client agrees a settlement, compromise, discount, credit, set-off, contra arrangement or repayment arrangement with the Debtor;
  7. the Client withdraws, suspends or terminates the instruction after recovery work has commenced;
  8. the Client instructs another debt collection agency, solicitor or third party in respect of the same Debt without notifying Actions Now Limited;
  9. the Client interferes with the collection process; or
  10. Fees or Commission otherwise become payable under these Terms or any written agreement.

7.2 Fees and Commission shall be calculated in accordance with the agreed quotation, proposal, onboarding form, fee schedule, email confirmation or written agreement.

7.3 Fees and Commission may apply to all sums recovered or received after Actions Now Limited has been instructed, irrespective of who receives the money, who intervenes in relation to collection, or whether the sums relate to principal debt, VAT, interest, compensation, legal costs, enforcement costs or recovery costs.

8. Direct Payments by the Debtor

8.1 If the Debtor makes any payment directly to the Client after Actions Now Limited has been instructed, that payment shall be treated as a recovery for the purposes of these Terms.

8.2 The Client must notify Actions Now Limited immediately, and in any event within 24 hours, if the Debtor:

  1. makes any payment directly to the Client;
  2. makes a part-payment;
  3. offers payment;
  4. proposes a payment plan;
  5. raises a dispute;
  6. raises a counterclaim or set-off;
  7. offers a credit note, contra arrangement, goods, services or other value;
  8. contacts the Client about the Debt; or
  9. attempts to negotiate directly with the Client.

8.3 Any payment, settlement, credit, set-off, contra arrangement, return of goods or other benefit received by the Client after Actions Now Limited has been instructed shall be treated as Recovered Sums.

8.4 The Client must provide Actions Now Limited with evidence of any payment, settlement, credit, set-off or other benefit received, including bank statements, remittance advices, correspondence, credit notes or settlement communications where reasonably requested.

9. Non-Interference with Collection

9.1 Once a Debt has been placed with Actions Now Limited, the Client must not interfere with, obstruct, undermine, delay or prejudice Actions Now Limited’s collection activity.

9.2 Without Actions Now Limited’s prior written consent, the Client must not:

  1. negotiate directly with the Debtor;
  2. agree a payment plan;
  3. accept payment without notifying Actions Now Limited;
  4. agree a settlement, discount or compromise;
  5. waive the Debt or any part of it;
  6. issue a credit note;
  7. agree a set-off or contra arrangement;
  8. accept goods or services instead of payment;
  9. instruct another debt collection agency for the same Debt;
  10. instruct the Debtor to bypass Actions Now Limited;
  11. withdraw the instruction where work has commenced or progress has been made; or
  12. do anything which affects Actions Now Limited’s ability to recover the Debt or earn its Fees or Commission.

9.3 If the Client accepts payment from the Debtor, deals directly with the Debtor, withdraws the matter, agrees a settlement, instructs another party, fails to disclose payment, or otherwise interferes with the collection process in a way which affects Actions Now Limited, then Actions Now Limited shall be entitled to invoice the Client for its agreed Fees and Commission on the full Debt referred for collection.

9.4 The Client agrees that clause 9.3 protects Actions Now Limited’s legitimate commercial interest in being paid for work undertaken, resources allocated, opportunity lost and the Client’s agreement not to bypass, undermine or interfere with the recovery process.

9.5 The sums due under this clause are payable as a debt and are not conditional on further recovery action being taken.

10. Debtor Disputes

10.1 The Client must notify Actions Now Limited immediately if the Debtor disputes the Debt or raises any complaint, defence, counterclaim, set-off, quality issue, service issue, request for credit, allegation of defective goods or services, or any other matter which may affect recovery of the Debt.

10.2 The Client must provide Actions Now Limited with full details of any dispute, including all relevant correspondence, contracts, invoices, delivery records, proof of supply, payment history and any other documents reasonably requested by Actions Now Limited.

10.3 The Client warrants that, before instructing Actions Now Limited, it has disclosed all disputes, complaints, counterclaims, set-offs, payment issues, settlement discussions and any facts known to the Client which may affect recovery of the Debt.

10.4 Actions Now Limited may suspend, cease or decline collection activity where the Debt is disputed, where the dispute cannot reasonably be resolved through collection activity, or where continuing to act may expose Actions Now Limited to legal, regulatory, reputational or commercial risk.

10.5 If the Client knew, or ought reasonably to have known, that the Debt was disputed and failed to disclose this to Actions Now Limited before or during the instruction, the Client shall indemnify Actions Now Limited for all losses, liabilities, claims, legal costs, court fees, enforcement costs, expenses and Third Party charges arising from or connected with that non-disclosure.

11. Client Disputes Regarding Actions Now Limited’s Fees

11.1 If the Client disputes any invoice, fee, charge, commission, cost or expense issued by Actions Now Limited, the Client must notify Actions Now Limited in writing within 7 days of the date of the invoice, giving full reasons for the dispute and providing all supporting documents.

11.2 If the Client does not dispute an invoice in writing within 7 days, the invoice shall be treated as accepted by the Client and payable in accordance with these Terms.

11.3 The Client must pay any undisputed part of an invoice by the due date.

11.4 The Client must not withhold payment of undisputed sums because another part of the invoice is disputed.

11.5 A dispute between the Client and the Debtor shall not entitle the Client to withhold, delay, reduce or set off any sum properly due to Actions Now Limited.

12. Failure to Disclose Payment, Settlement or Benefit

12.1 The Client must notify Actions Now Limited immediately, and in any event within 24 hours, if the Debtor makes any payment, part-payment, settlement proposal, payment arrangement, credit, set-off, contra arrangement, return of goods, or provides any other financial or commercial benefit directly to the Client or to any person on the Client’s behalf.

12.2 Any payment, settlement, credit, set-off, contra arrangement, return of goods or other benefit received by the Client after Actions Now Limited has been instructed shall be treated as a recovery for the purposes of these Terms, whether or not Actions Now Limited received the payment directly.

12.3 Failure by the Client to disclose any payment, settlement, credit, set-off, contra arrangement, return of goods or other benefit received from the Debtor shall be a material breach of these Terms.

12.4 If Actions Now Limited reasonably believes that the Client has received payment or other value from the Debtor and has failed to disclose it, Actions Now Limited may require the Client to provide evidence including, but not limited to:

  1. bank statements or transaction records;
  2. remittance advices;
  3. payment confirmations;
  4. credit notes;
  5. settlement correspondence;
  6. emails, letters, text messages or call notes with the Debtor;
  7. accounting records; and
  8. any other documents reasonably required to verify whether payment, settlement or value has been received.

12.5 If the Client fails to provide the requested evidence within 7 days of request, Actions Now Limited shall be entitled to treat the matter as a recovery or interference event under these Terms and may invoice the Client for all sums properly due.

13. Right to Issue Proceedings Against the Client

13.1 Where the Client:

  1. fails to disclose payment or settlement by the Debtor;
  2. fails to disclose a credit, set-off, contra arrangement, return of goods or other benefit received from the Debtor;
  3. disputes Actions Now Limited’s entitlement to its agreed Fees or Commission without providing reasonable evidence;
  4. fails to provide documents reasonably required to verify whether payment or settlement has been received;
  5. withdraws, suspends or interferes with the collection process after Actions Now Limited has commenced work; or
  6. fails to pay any invoice issued by Actions Now Limited when due,

Actions Now Limited reserves the right to issue legal proceedings against the Client to recover all sums due.

13.2 In any such proceedings, Actions Now Limited may claim:

  1. its agreed Fees, Commission and charges on the full Debt referred for collection, where payable under these Terms;
  2. VAT, where applicable;
  3. interest under the Late Payment of Commercial Debts (Interest) Act 1998, where applicable;
  4. statutory compensation under the Late Payment of Commercial Debts (Interest) Act 1998, where applicable;
  5. reasonable debt recovery costs;
  6. legal costs;
  7. court fees;
  8. enforcement costs; and
  9. all other costs and expenses incurred in recovering sums due from the Client.

13.3 Actions Now Limited’s right to issue proceedings shall apply whether the payment, settlement or benefit was received before or after withdrawal, suspension, termination or closure of the matter, provided that it relates to a Debt referred to Actions Now Limited for collection.

13.4 The Client agrees that Actions Now Limited’s entitlement to recover its Fees and Commission in these circumstances protects Actions Now Limited’s legitimate commercial interest in being paid for work undertaken, resources allocated, opportunity lost and the Client’s obligation not to bypass, undermine or interfere with the collection process.

14. Legal Action, Solicitors and Third-Party Costs

14.1 If legal action may be appropriate, Actions Now Limited will discuss the available options with the Client.

14.2 Actions Now Limited will not instruct solicitors, commence court proceedings, issue insolvency proceedings or instruct enforcement agents without the Client’s prior approval.

14.3 If the Client authorises Actions Now Limited to instruct solicitors, barristers, enforcement agents, tracing agents, process servers, insolvency practitioners or other Third Parties, the Client shall be liable for all related fees, invoices, court fees, disbursements, VAT and expenses.

14.4 The Client must pay all solicitor, court, enforcement and Third Party invoices on time and in accordance with the relevant payment terms.

14.5 The Client remains liable for such invoices whether they are issued to the Client, Actions Now Limited, or any other person on the Client’s behalf.

14.6 If Actions Now Limited pays, guarantees, becomes liable for, or is invoiced for any solicitor fees, court fees, enforcement fees or Third Party charges on the Client’s behalf, the Client must reimburse Actions Now Limited immediately on demand.

14.7 Legal costs, court fees, enforcement costs and Third Party costs are not included in any no win, no fee arrangement unless expressly agreed in writing.

14.8 Any legal costs, court fees, enforcement costs, solicitor fees or Third Party costs recovered from the Debtor shall form part of the Recovered Sums and may be included when calculating Actions Now Limited’s Fees and Commission, where applicable.

15. Indemnity

15.1 The Client shall indemnify Actions Now Limited and keep Actions Now Limited indemnified against all liabilities, losses, damages, claims, legal costs, court fees, enforcement fees, disbursements, expenses and Third Party charges arising out of or in connection with:

  1. the Client’s instruction to recover the Debt;
  2. any legal action authorised by the Client;
  3. solicitor, enforcement agent or Third Party involvement;
  4. inaccurate, incomplete or misleading information supplied by the Client;
  5. any dispute, counterclaim or set-off not disclosed by the Client;
  6. any claim or complaint made by the Debtor arising from information supplied by the Client;
  7. the Client’s failure to notify Actions Now Limited of payment, settlement or other benefit;
  8. the Client’s breach of these Terms;
  9. the Client’s failure to pay any invoice on time;
  10. any act or omission by the Client which prejudices recovery of the Debt; or
  11. any legal or regulatory issue arising from the Client’s instructions or information.

15.2 This indemnity applies before, during and after collection activity.

15.3 This indemnity shall survive withdrawal, termination or closure of the matter.

16. Late Payment Interest, Compensation and Recovery Costs

16.1 Where the Debt arises from a qualifying commercial transaction, Actions Now Limited may seek to recover statutory interest, compensation and reasonable recovery costs from the Debtor under the Late Payment of Commercial Debts (Interest) Act 1998.

16.2 Statutory interest under the Act is generally calculated at 8% above the Bank of England base rate, subject to the requirements of the Act.

16.3 Where applicable, statutory compensation may also be claimed under the Act.

16.4 Actions Now Limited may also seek to recover contractual interest, compensation, collection charges, legal costs, court fees, enforcement fees and reasonable recovery costs where legally recoverable.

16.5 Where the Client fails to pay Actions Now Limited’s invoices on time, Actions Now Limited may charge the Client:

  1. a. interest under the Late Payment of Commercial Debts (Interest) Act 1998, where applicable;
  2. b. statutory compensation under that Act;
  3. c. reasonable debt recovery costs; and
  4. d. legal costs incurred in recovering unpaid sums.

16.6 Actions Now Limited does not guarantee that interest, compensation, legal costs or recovery costs will be recovered from the Debtor.

17. Payments Received by Actions Now Limited

17.1 Where Actions Now Limited receives payment from a Debtor, Actions Now Limited may deduct its Fees, Commission, VAT, costs and expenses before accounting to the Client for the balance.

17.2 Actions Now Limited will use reasonable endeavours to remit cleared funds to the Client within a reasonable period after receipt, allocation and reconciliation.

17.3 Actions Now Limited may withhold remittance where:

  1. funds have not cleared;
  2. the payment is subject to reversal, chargeback or dispute;
  3. the Debtor disputes allocation of the payment;
  4. the Client owes sums to Actions Now Limited;
  5. solicitor, court, enforcement or Third Party costs remain unpaid;
  6. further verification is required; or
  7. there is a legal, regulatory, sanctions or compliance reason for withholding payment.

18. Withdrawal, Suspension and Termination

18.1 The Client may withdraw an instruction by giving written notice to Actions Now Limited.

18.2 Withdrawal does not affect any Fees, Commission, costs, expenses, liabilities, indemnity obligations or payment obligations already incurred.

18.3 If the Client withdraws, suspends or terminates an instruction after Actions Now Limited has commenced work, Actions Now Limited may invoice the Client for all sums due under these Terms, the onboarding form, quotation, proposal, fee schedule or written agreement.

18.4 If the Debtor pays the Client after withdrawal, suspension or termination in relation to a Debt referred to Actions Now Limited, the Client must notify Actions Now Limited immediately.

18.5 Actions Now Limited may suspend or terminate services immediately if:

  1. the Client breaches these Terms;
  2. the Client fails to cooperate;
  3. the Client fails to provide documents or information;
  4. the Client fails to pay any invoice;
  5. the Debt is disputed;
  6. the Client provides inaccurate, incomplete or misleading information;
  7. continuing to act may expose Actions Now Limited to legal, regulatory, reputational or commercial risk;
  8. the Debtor is insolvent or recovery is not commercially viable;
  9. the Client acts abusively, aggressively or improperly towards Actions Now Limited staff; or
  10. Actions Now Limited considers that recovery activity should not continue.

18.6 Termination by Actions Now Limited does not affect any accrued right to Fees, Commission, costs, expenses, indemnity payments or other sums due.

19. Continuing Obligations After Termination

19.1 The Client’s obligations to disclose payments, settlements, credits, set-offs, contra arrangements, returned goods or other benefits shall continue after withdrawal, termination or closure of the matter.

19.2 The Client remains liable for all Fees, Commission, charges, costs, expenses, indemnity liabilities and other sums which become due under these Terms before or after termination, where they relate to a Debt referred to Actions Now Limited.

19.3 The provisions dealing with Fees, Commission, non-disclosure, non-interference, indemnity, legal costs, data protection, limitation of liability, governing law and jurisdiction shall survive termination or expiry of the Client’s instruction and shall remain enforceable by Actions Now Limited.

20. Due Diligence, Compliance and Sanctions

20.1 Actions Now Limited may carry out due diligence checks before or during the collection process.

20.2 Actions Now Limited may decline, suspend or cease acting if due diligence checks are unsatisfactory.

20.3 The Client must not ask Actions Now Limited to take any action that is unlawful, misleading, aggressive, oppressive, harassing, dishonest or improper.

20.4 Actions Now Limited may refuse to take any action it considers unlawful, inappropriate, unreasonable, disproportionate or commercially unjustified.

20.5 Actions Now Limited shall not be required to provide services, collect money, transfer funds or continue acting where doing so may expose Actions Now Limited to sanctions, prohibitions, restrictions or penalties under the laws or regulations of the United Kingdom, United Nations, European Union, United States of America or any other applicable sanctions regime.

20.6 Actions Now Limited may suspend or terminate services immediately where sanctions concerns arise.

21. Data Protection

21.1 Each party shall comply with applicable data protection laws, including the UK GDPR and the Data Protection Act 2018.

21.2 The Client confirms that it has a lawful basis for providing Debtor personal data to Actions Now Limited for debt recovery purposes.

21.3 The Client confirms that any personal data supplied to Actions Now Limited is accurate, relevant and up to date.

21.4 Actions Now Limited may process personal data for debt recovery, administration, compliance, legal proceedings, record keeping and related business purposes.

21.5 Actions Now Limited may share relevant information with solicitors, enforcement agents, tracing agents, process servers, courts, regulators, insolvency practitioners and other Third Parties where reasonably necessary for debt recovery, enforcement, legal proceedings, compliance or protection of Actions Now Limited’s rights.

21.6 The Client must notify Actions Now Limited promptly if it becomes aware that any personal data supplied is inaccurate or should no longer be processed.

22. Confidentiality

22.1 Each party shall keep confidential all confidential information received from the other party, except where disclosure is required for debt recovery, legal proceedings, regulatory compliance, enforcement, insurance, accounting or as otherwise required by law.

22.2 Actions Now Limited may disclose relevant information to solicitors, enforcement agents, tracing agents, process servers, credit reference agencies, courts, regulators and other Third Parties where reasonably necessary for recovery of the Debt or protection of Actions Now Limited’s rights.

23. Limitation of Liability

23.1 Actions Now Limited will provide its services with reasonable skill and care.

23.2 Actions Now Limited shall not be liable for:

  1. the Debtor’s failure or refusal to pay;
  2. the Debtor’s insolvency;
  3. delays caused by the Client, Debtor, court, solicitor, enforcement agent or any Third Party;
  4. inaccurate, incomplete or misleading information supplied by the Client;
  5. failure to recover interest, compensation, legal costs or recovery costs;
  6. loss of profit;
  7. loss of business;
  8. loss of opportunity;
  9. loss of goodwill; or
  10. indirect or consequential loss.

23.3 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any liability which cannot lawfully be limited or excluded.

24. Client Conduct

24.1 The Client must communicate with Actions Now Limited professionally and respectfully.

24.2 Actions Now Limited will not tolerate abusive, threatening, discriminatory, aggressive or improper conduct towards its staff, agents or representatives.

24.3 Actions Now Limited may suspend or terminate services immediately in the event of unacceptable conduct, without prejudice to its right to recover Fees, Commission, costs and expenses.

25. Notices

25.1 Any notice under these Terms must be given in writing by email, post or other written communication.

25.2 Notices to Actions Now Limited should be sent to:

Actions Now Limited
Office 12, 25 Clock Tower Building
Clock Tower Park
Longmoor Lane
Liverpool
L10 1LD

Email: info@actionsnow.co.uk

25.3 Notices to the Client may be sent to the email address, postal address or contact details provided by the Client.

25.4 Notices sent by email shall be treated as received when sent, provided no bounce-back or delivery failure notification is received.

26. Entire Agreement

26.1 These Terms, together with any onboarding form, quotation, proposal, fee schedule, invoice, email confirmation or written agreement, form the agreement between Actions Now Limited and the Client.

26.2 The Client confirms that it has not relied on any statement, representation or promise not recorded in writing.

26.3 If there is any inconsistency between these Terms and any onboarding form or general onboarding terms, these Terms shall prevail unless expressly agreed otherwise in writing by Actions Now Limited.

27. Variation

27.1 Actions Now Limited may update these Terms from time to time.

27.2 The version of the Terms in force at the time the Client instructs Actions Now Limited shall apply to that instruction, unless otherwise agreed in writing.

27.3 Any variation to these Terms must be agreed in writing by Actions Now Limited.

28. Severance

28.1 If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, lawful and enforceable.

28.2 If modification is not possible, the relevant provision shall be treated as deleted, but the remaining provisions shall continue in full force and effect.

29. Third Party Rights

29.1 Except as expressly provided in clause 29.2, a person who is not a party to the agreement between the Client and Actions Now Limited shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of that agreement.

29.2 Actions Now Limited’s directors, officers, employees, agents, subcontractors, solicitors, enforcement agents, tracing agents, process servers, insolvency practitioners and other third-party providers involved in the recovery of the Debt may rely on and enforce any provision of these Terms which is intended to protect, indemnify or limit liability in their favour.

29.3 The parties may vary, amend, suspend, release or terminate these Terms without the consent of any person referred to in clause 29.2.

29.4 This does not affect any right or remedy of a third party which exists or is available independently of the Contracts (Rights of Third Parties) Act 1999.

30. Governing Law and Jurisdiction

30.1 These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales.

30.2 The courts of England and Wales shall have exclusive jurisdiction to determine any dispute or claim arising out of or in connection with these Terms, Actions Now Limited’s services or any Debt referred for collection.