Croydon Business Improvement District (BID) Limited supply radio equipment and administration on behalf of the Croydon BID Radio Link Scheme. Croydon Business Improvement District (BID) is registered in England and Wales under registered number 6305257 and whose registered office is Croydon BID, Electric House, Ground Floor, 3 Wellesley Road, Croydon, CR0 2AG.
1. Croydon Business Improvement District (BID) Limited shall, upon and subject to the conditions of hire:
a. Provide the equipment required for membership of the Croydon BID Radio Link Scheme
b. Use its best endeavours to maintain the equipment in operating condition and to rectify any defects within a timely manner
2. The Premises detailed on the completed Croydon BID Radio Link application form (Hirer) shall:
a. Pay the hire charges together with Value Added Tax (VAT) at the current rate in force by BACS, Credit Card or Direct Debit, annually and in advance
b. Adequately insure all hired equipment for the full replacement value
c. Use only equipment supplied by Croydon Business Improvement District (BID) Limited
d. Use only approved accessories with the equipment
e. Comply with any statutes, bye laws or other provisions having the force of law relating to the activities of the Hirer under this agreement and indemnify and keep Croydon Business Improvement District (BID) indemnified against any claims arising by reason of any breach of any such statute, bye law or other provision
f. Not assign this agreement
g. Complete and return the attached application form which forms part of this agreement without undue delay
3. In the event of a continued failure by the Hirer to comply with the provisions of the Wireless Act 2006 or with any regulations issued by HM Government, Croydon Business Improvement District (BID) Limited may, at its discretion, require the immediate return of all hired equipment
4. Croydon Business Improvement District (BID) Limited shall not be liable for any loss or damage sustained by the Hirer as a result of any failure of the hired equipment
5. Payments: The Hirer shall pay all charges on or before the due date by BACS, Credit Card or Direct Debit. In default of payment on the due date, Croydon Business Improvement District (BID) Limited retains the right to charge interest at 2% over Finance House Base Rate on a day-to-day basis
6. In the event that the charges identified in the schedule not being paid by the due date, Croydon Business Improvement District (BID) Limited will require the immediate return of the hired equipment
7. All equipment shall remain the property of Croydon Business Improvement District (BID) Limited and on termination of the hire agreement all equipment must be returned on or before such termination. Additional hire charges will be levied on all equipment not returned by the due date. Croydon Business Improvement District (BID) Limited reserves the right to charge for repairing and cleaning equipment returned in a damaged, unserviceable or dirty condition
TERMS OF PAYMENT
a. All payments will fall due annually in advance on the anniversary date of the commencement of the hire agreement. An invoice will be raised at the beginning of each period for the purposes of accounting by the Hirer
b. Parts of the month during which the Hirer retains the equipment will be charged as a full month
c. In the event that equipment is lost, damaged or destroyed whilst in the possession of the Hirer, rental shall continue to be payable to Croydon Business Improvement District (BID) Limited in accordance with the forgoing conditions until such time as Croydon Business Improvement District (BID) Limited actually receive full payment in respect of such loss, damage pursuant to the Hirers obligations under clause 4 hereof
d. All prices are subject to VAT, which will be charged at the current rate
e. The Hirer may at any time terminate their Croydon BID Radio Link agreement in writing to Croydon Business Improvement District (BID) Limited, the administrator of the Croydon BID Radio Link. Croydon Business Improvement District (BID) Limited reserves the right not to offer refund(s) to the Hirer during the term of the agreement for any reason. The Hirer shall return all equipment issued by Croydon Business Improvement District (BID) Limited as per the Croydon BID Radio Link agreement at the point of termination
LATE OR NON PAYMENT
Croydon Business Improvement District (BID) Limited reserves the right to terminate the service to the Hirer or an individual hirer within a collective scheme through temporarily disabling a radio terminal if payment has been withheld for a period of 30 days from invoice
LOSS OR DAMAGE TO THE EQUIPMENT
a. The Hirer shall accept entire responsibility for any loss or damage to the equipment from any cause whatsoever for so long as the same is in the Hirers possession or under the Hirers control (notwithstanding that the hiring may have come to an end by passing of time or notice given or received). The Hirer undertakes to arrange at its own expense with an Insurance Company, of repute, comprehensive insurance cover in respect of the equipment to the value stated overleaf throughout such period and in such terms that in the event of total loss or irreparable damage the amount due and payable by the insurers shall be the amount stated overleaf and not any fraction or depreciated part thereof
b. The Hirer shall notify Croydon Business Improvement District (BID) Limited in writing immediately of any loss or damage to the equipment and shall on demand reimburse Croydon Business Improvement District (BID) Limited the full cost of replacing or repairing the same notwithstanding that the insurance cover herein before referred to shall have been invalidated or vitiated for any reason other than by default of Croydon Business Improvement District (BID) Limited
OWNERSHIP OF EQUIPMENT
The equipment remains the property of Croydon Business Improvement District (BID) Limited at all times. The equipment will remain in the Hirers possession and under the Hirers control at all times
TYPE OF EQUIPMENT USE
Croydon Business Improvement District (BID) Limited reserves the right to change the type of equipment offered as prices and technology change
SITUATION OF EQUIPMENT
The Hirer shall not, without the previous consent in writing of Croydon Business Improvement District (BID) Limited, disable and remove the equipment or any part thereof from the premises stipulated on the application form
DAMAGE CAUSED BY THE EQUIPMENT
The Hirer shall be solely responsible for and hold Croydon Business Improvement District (BID) Limited and its servants and agents fully indemnified against loss, damage, injury, death or expense caused directly or indirectly to the Hirer or any third party by the equipment or the use thereof or by any failure, lack of repair, faulty installation or other defect of the equipment from whatever cause
METHOD OF OPERATION OF EQUIPMENT
a. The Hirer shall at all times operate the equipment in accordance with such reasonable instructions as Croydon Business Improvement District (BID) Limited may from time-to-time issue and observe any OFCOM or other regulations issued by HM Government or any state corporation or agency from time-to-time in respect thereof
b. Croydon Business Improvement District (BID) Limited will, on occasion, arrange training in the correct and proper use and discipline with respect to the operation of the Croydon BID Radio Link. If the Hirer has been found to be consistently misusing the radios or not adhering to the training protocols may be liable to have their equipment removed
RIGHTS OF INSPECTION
The Hirer shall throughout the hiring permit:
a. Croydon Business Improvement District (BID) Limited or an authorised representative at all reasonable times to enter the premises in which the equipment is kept for the purpose of inspecting, maintaining, repairing, and testing
b. Preserve Croydon Business Improvement District (BID) Limited and any manufacturer’s identification numbers or marks or any name plate affixed to the equipment
MAINTENANCE OF EQUIPMENT
a. If the Hirer shall observe all the terms of the hiring and promptly pay all rentals due then Croydon Business Improvement District (BID) Limited shall promptly maintain the equipment at their own expense PROVIDED that Croydon Business Improvement District (BID) Limited shall not be liable for damages to the Hirer for any breach of this clause unless and until the equipment has been unusable for more than 30 days from notification of such defects to Croydon Business Improvement District (BID) Limited. Liability for damages shall in any event be limited to an amount equal to the rental payment due from the Hirer for the period which the equipment remains unserviceable after the expiration of such 30 days
GENERAL
a. There will be a radio reconnection charge of £50 per handset to the Hirer for any Croydon BID Radio Link radio handsets that have been stunned
b. The Croydon BID Radio Link is not to be used for private, personal or unauthorised use. The Croydon BID Radio Link is not to be issued to others external of the Croydon BID Radio Link member or away from the Hirer premises
c. Croydon Business Improvement District (BID) Limited, administrators of the Croydon BID Radio Link scheme, have the ability to track each radio, download all recorded communication, check the status of the radio and disable a radio
d. Croydon Business Improvement District (BID) Limited are not responsible for connection strength. All Croydon BID Radio Link radios work on a cellular network and have Wi-Fi enabled features
e. The Hirer of the Croydon BID Radio Link will be liable to pay the cost of up to £500 + VAT, should the handset be lost or damaged, whilst in the care and responsibility of the Hirer
f. The Hirer will inform Croydon Business Improvement District (BID) Limited in writing immediately if the Croydon BID Radio Link radio has been lost, stolen or damaged
g. The Croydon BID Radio Link Hirer is responsible for the standard, quality and behaviour of all verbal communications related to their two-way radio. All Croydon BID Radio Link users are expected to communicate in an accurate, brief, clear and professional manner. It is the responsibility of the Hirer to uphold these standards. Croydon Business Improvement District (BID) Limited reserves the independent right as administrators of the Croydon BID Radio Link, in all scenarios, to withdraw the use of the Croydon BID Radio Link and its equipment if these standards are not met
g. The Croydon BID Radio Link Hirer is expected to use, where appropriate, the phonetic alphabet and Identity Codes (IC) to support all verbal communications, in any given scenario, related to their two-way radio. If the Hirer fails to use either the phonetic alphabet or Identity Codes in the correct manner, Croydon Business Improvement District (BID) Limited reserves the independent right as administrators of the Croydon BID Radio Link, in all scenarios, to withdraw the use of the Croydon BID Radio Link and its equipment
TERMINATION
a. The agreements may be terminated by the Hirer following three month’s written notice to the Supervising Officer at Croydon Business Improvement District (BID) Limited. If the Hirer terminates this Agreement, he/she shall return the standard equipment issued to Croydon Business Improvement District (BID) Limited at the end of the notice period whereupon Croydon Business Improvement District (BID) Limited will arrange for the equipment to be rendered inoperative
b. All payments for purchase, subscription and maintenance made by the Hirer up until the point of termination will be forfeited. Radio handsets and desktop chargers (the equipment) will remain the exclusive property of Croydon Business Improvement District (BID) Limited
c. Croydon Business Improvement District (BID) Limited will terminate the agreement for non-payment of the annual Croydon BID Radio Link subscription, subject to Croydon BID Radio Link Payment terms
d. Croydon Business Improvement District (BID) Limited reserves the right to immediately terminate the agreement if the Hirer breaches one or more clauses of this agreement. If the Hirer is in breach and the agreement is terminated forthwith, the Hirer will return all equipment as supplied by Croydon Business Improvement District (BID) Limited
e. in the event that the Croydon BID Radio Link agreement with the Hirer is terminated for breach, Croydon Business Improvement District (BID) Limited reserves the right not to offer a refund
f. Croydon Business Improvement District (BID) Limited (who are hereby appointed agents of the Hirer for this purpose) may (subject to Section 92 of the Consumer Credit Act, 1974) either themselves or by any authorised agent of theirs enter upon any land, premises or vehicle where any of the equipment may be or where Croydon Business Improvement District (BID) Limited have reason to believe the same to be for the purpose of re-taking possession of the same If the Hirer shall: a. fail in any material respect to observe and perform the terms and conditions of the hiring; b. being an individual, have a petition of bankruptcy presented against him or her; c. being a Company, call a meeting of its members or creditors with a view to entering into liquidation whether compulsory or voluntary (other than for the purpose of reconstruction or amalgamation); d. enter into any arrangements or composition for the benefit of its creditors; e. or shall suffer any distress or execution to be levied on its goods
