1.1 This subscription agreement ('Terms') govern your ('Customer') subscription for and use of the HGV service facilities and cashless payment ('Service') made available by ETP Card Processing Ltd (SNAP), having its registered office in England with company registration number: 06576159 ('Company' or 'SNAP';).
1.2 The Terms are accepted by the Customer upon registration or ordering of the Service or renewal of any such subscription.
1.3 The Service is available for commercial customers, as well as consumers using our Online Shop facility.
2. The subscription
2.1 The Service is accessible to the Customer in specific formats designated by the Company in its sole discretion.
2.2 Subject to the Customer's acceptance of and compliance with the terms and conditions of these Terms, the Company grants to the Customer a limited, non-exclusive, non-transferable and non-perpetual right to access and use the Service for the agreed number of users and solely for internal business operations of the Customer. The Customer is not allowed to install, copy, use or otherwise exploit the Service in any other manner than set forth in these Terms. All rights not expressly granted are reserved by the Company.
2.3 Users can be either employees of the Customer or users not employed by the Customer.
3. The service
3.1 The Company provides an account for the Customer which can be used at any participating site for any Service which has been agreed to prior to providing the Service.
3.2 Participating sites are commercial and can be used by any drivers. SNAP-only sites are private and only available to controlled groups.
3.3 The Company accepts no liability for the security of contents within a SNAP site. In the event of theft or damage to the Customer's vehicle the Company will do everything it can to help, but it is vital the Customer contact the insurance company and the site owners to get it resolved.
3.4 The physical service provided is the responsibility of the participating site or service provider; The Company provides the method of recording the transaction and managing the Customer's account. Any dispute regarding a transaction can be handled by the Company in the first instance but, if it is not resolved, any eventual remedy will be between the Customer and the site operator or service provider with adjustments being reflected in the Customer's SNAP account.
3.5 The SNAP-only sites need to be pre-booked before arrival; this can be done online, through our partner app intruck or via the telephone to the Company, by the Customer or the Customer’s drivers. Pre-booked parking attracts a reservation charge as shown in appendix 1. Bookings can be changed up to 4pm on the day, but otherwise are binding and the Customer’s account will be charged for a parking session. Any booking made means a space is waiting and reserved for that vehicle and driver, regardless of their time of arrival.
3.6 The current registration-based services are HGV Parking, Washing, Roadside assistance and Dartford Crossing payment service; the Customer may opt-out of any service. The Company also offers Asset Finance, Access and Security systems and an Online Shop.
3.7 Validation of each transaction is done by registration number; the Customer has online access and control over which registration numbers are attached to the Customer's account. Any registration numbers that are attached to the Customer's account are deemed to be the Customer's responsibility and the Customer will be liable for any charges raised.
4. Prices and payment
4.1 Each week, (or monthly within the EU) the company will invoice the customer for any services the customer has used. The invoice is sent via email.
4.2 The Company reserves the right to add a 2% service charge (3% if not on Direct Debit) to each invoice if the Customer do not lodge sufficient deposit with SNAP.
4.3 Payment terms are strictly 7 days net.
4.4 In the event of non-payment, the Company reserves the right to place the Customer's account 'on stop'. This will result in the Customer's drivers being refused at sites and having to pay via another means. Any accounts 'on stop' are not able to use SNAP-only sites. The Company will give the Customer a further 2 working days' notice before removing the Customer's vehicles from the Dartford Crossing system. Once this is done, the Customer will be liable for PCN fines if the Customer does not make arrangements to pay for each and every use of the Dartford Crossing.
4.5 If the Customer's Direct Debit payment fails the Customer will be charged £10 plus VAT due to administration costs. This will be the case for the first 3 Direct Debit failures. After the third time, the Direct Debit service will be rescinded and the Customer will be asked for a security deposit to continue using the Company's Services.
4.6 If the Customer leaves a deposit with the Company, it is not used to pay the Customer's account, it is simply held as security and the Customer needs to ensure each invoice is paid. A Direct Debit payment method will be required for any UK account spending less than £10 a week. A Direct Debit payment method will be required for any UK account using the Dartford toll service only.
5. Term and termination
5.1 The Company expects the Customer's drivers to behave in a responsible way when visiting any participating sites. Reports of abusive behaviour, damage to property or waste deposits will be investigated and remedy sought from the Customer. Persistent or extreme bad behaviour may result in the account being closed.
5.2 The Company may terminate this agreement immediately if the Customer materially breaches the Terms.
6. Data protection
6.2 As the Company is data processor and the Customer is data controller, both parties' obligations regarding the processing of personal data are regulated in the Data Processor Agreement attached as appendix 2. By accepting these Terms, the Customer also accepts the Data Processor Agreement.
6.3 The Customer is obligated to keep user logins and passwords to the Service secret from any unauthorized users or third parties.
6.4 The Customer is obligated to ensure that the personal data provided by the Customer and used in the Service is processed by the Customer in accordance with all applicable laws. The Customer is obligated to ensure that the Customer's data provided in the Service, including personal data, do not violate any third party rights and/or any applicable legislation. The Company is entitled to delete any data that in the sole discretion of the Company constitutes a breach of the aforesaid undertaking.
7.1 The Company is entitled to assign all of its rights and obligations pursuant to this agreement, including these Terms to a third party.
7.2 The Customer cannot assign its rights and obligations pursuant to the subscription agreement to a third party without the prior written consent of the Company. Such consent must not be unreasonably withheld.
8.1 All confidential information received by either party from the other party must be held in complete confidence by the receiving party and its directors, employees, advisers or representatives, and must not without the prior written consent of the Company be used for any purpose other than in connection with the fulfilment of this agreement.
8.2 Confidential information does not include information which i. has already passed into the public domain other than through breach of this confidentiality obligation; ii. has been received from an independent third party other than through breach of a confidentiality obligation; or iii. the Customer can demonstrate has been independently developed by that party prior to disclosure.
8.3 All advertising, press releases, public announcements and public disclosures by a party relating to a Service must be approved by both parties prior to release to any third party. This clause does not prevent a party from making such press releases, public announcements or public disclosures as may be required by law or otherwise are reasonably justified to protect a party's legitimate interests.
8.4 The termination of this agreement will not affect the parties' obligations under this clause 8.
- Reservation charges: Online booking 25p, Telephone or App booking £1