Terms & Conditions

These Terms and Conditions apply to the provision of the services detailed in our agreement for airport meet and assist services including associated fees and surcharges and other airport related products / services (Services) brokered by Fastrack VIP Limited incorporated and registered in England and Wales with company number 10634333, registered office: Suite 7, Millbrook Business Centre, Floats Road, Manchester, M23 9YJ (we or us / Fastrack VIP /  Supplier) and the person buying the services (you / Customer) or buying on behalf of your customers (Clients).

You are deemed to have accepted these Terms and Conditions when you accept our commercial agreement or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions  (the Agreement) are the entire agreement between us.

Each party acknowledges that they had the opportunity to obtain independent legal advice in relation to this Agreement, and that they have read and understood this Agreement and are fully aware of its legal effect and that they have entered into it freely and voluntarily and based on their own judgement.

You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

 

In this Agreement, the following words are defined:

Airsidethe side of an airport terminal beyond security passport and customs control;
Clientthe end user availing of the services;
Codeshare Flighta commercial arrangement between two airlines whereby one sells seats on a flight operated by the other, with each airline using their own flight number;
Confidential Informationin relation to either party, any information (whether or not stated to be confidential or marked as such) which that party discloses to the other, or which the other party obtains from any information disclosed to it by that party, either orally or in writing or by any other means, under or in connection with this Agreement;
Customerthe person who requests the services which have been accepted and confirmed by Fastrack VIP;
Greeter(s)the Supplier’s or its subcontractor’s  airport-based customer service staff delivering the Service;
Landsidethe side of an airport terminal to which the general public has unrestricted access;
Reservationmeans a request for Services which has been accepted and confirmed by Fastrack VIP;
Service(s)airport related services and ancillary products together with any other services which the Supplier provides or agrees to provide to the Customer / Client;
Service Description(s)Individual service descriptions detailing the service flow and any inclusions and exclusions.
Service Feesthe charges and fees for the Services including but not limited to: additional ancillary products, surcharges, reservation modifications charges and cancellation charges , which will be paid to Fastrack VIP ;
Service Levelsthe service levels, standards or performance targets applicable to the Services, which are set out in this Agreement;

 

In this Agreement, unless the context requires a different interpretation:

  1. the singular includes the plural and vice versa;
  2. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this Agreement;
  3. a reference to a person includes firms, companies, government entities, trusts and partnerships;
  4. “including” is understood to mean “including without limitation”;
  5. reference to any statutory provision includes any modification or amendment of it;
  6. the headings in this document are for convenience only and do not affect their interpretation; and
  7. “writing” or “written” will include fax and e-mail unless otherwise stated.
  8. “party” is understood to include both the Customer and Fastrack VIP.

 

 

 

 

0
Your Obligations
0.1The Customer must :

a)    co-operate with Fastrack VIP in all matters relating to the service.

b)    use its reasonable endeavours to provide, in a timely manner, any materials and any information as the Supplier may reasonably require, the Customer shall ensure that it is accurate in all material respects;

0.2If you do not comply with clause 0.1, we can terminate the Services.
0.3We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).

 

 

1
Services – General
1.1Fastrack VIP provides a global network of airport meet and assist services facilitating airport assistance for a departing, arriving or gate to gate transit journey.
1.2Services are fully escorted with a dedicated Greeter for the full duration of the service, referred to as Meet and Assist.
1.3The services will be provided by us either:

a)   on an ongoing basis from the effective date of any signed commercial agreement (corporate agreement          Customers only) ; or

b)    in response to each request from the Customer.

1.4Fastrack VIP shall perform the Services with reasonable care and skill, in accordance with:

a)   generally recognized commercial practices and standards in the applicable industry; and

b)   all laws and regulations applicable to the Services, including all laws and regulations related to (i) anti-bribery and corruption, and (ii) data protection; and

c)   the Supplier will obtain and maintain all necessary licenses and consents.

1.5Service Descriptions are provided at the time of quotation and reservation as displayed as part of the individual airport service descriptions available via our website and reservations platform.
1.6By making a general enquiry, requesting a quotation or undertaking a reservation it is deemed that the information detailed in the individual Service Descriptions and any related communications is both understood and accepted.
1.7We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
1.8In the event situations at a given airport change and Services are varied or restricted from the Services outlined in the Service Description, Fastrack VIP shall inform the Customer / Client either at the time of enquiry, quotation or confirmation, or if the reservation has been confirmed, within a reasonable time frame of the variation or restriction being communicated to Fastrack VIP.

 

 

2
USA Airport Arrival Services
2.1Regulations in place by the US immigration and customs authorities state that third Agents are not permitted in the airside secure restricted customs zone. This unfortunately means that our Agents are unable to meet Clients at the arrivals gate of an international flight.
2.2As baggage reclaim is located within the restricted airside customs zone we are unable to arrange porter / baggage assistance.
2.3When arriving into the USA on an international flight the arrival service begins after guests have cleared US customs in the public landside arrivals hall outside of customs and immigration.
2.4The exception to 2.1 to 2.3 whereby Clients will be met at the arrivals gate applies to Clients travelling to selected USA destinations in;  First or Business Class via American Airlines (AA) operated flights and Delta Airlines (DL) operated flights. (Not available for codeshare flights).
2.5There are no fast-track facilities for customs and immigration in the USA unless Clients are members of the Global Entry scheme.

 

 

3
Gate To Gate Flight Connection Services
3.1Long flight connections and those that involve two separate flight tickets which necessitate Clients to collect and recheck in any baggage will be considered as an arrival + departure service. This is due to need to clear immigration, collect any baggage, exit the airside zone and recheck-in before proceeding through the security and immigration check points to the next flight gate.

 

 

4
Defective Services
4.1We shall promptly notify the Customer of:

a) any delays or problems from time to time in the provision of the Services of which Fastrack VIP becomes aware of;

b) any circumstances from time to time which may prevent us from providing the Services in accordance with this Agreement together with (where practicable) recommendations as to how such circumstances can be avoided; and

c) any complaint (whether written or not) or other matter which comes to its attention and which it reasonably believes may give rise to any loss by or claim against the Customer or which may result in any adverse publicity for the Customer.

4.2The Customer shall, without limiting any right or remedy of the Customer, promptly report to the Supplier any defects in the Supplier’s performance of the Services as soon as reasonably practicable after any such defect comes to the attention of the Customer.
4.3Where any defect in the provision of the Services is reported to Fastrack VIP by the Customer or otherwise comes to our attention, Fastrack VIP shall, without limiting any other right or remedy of the Customer, use its reasonable endeavours to provide such further services as are necessary in order to rectify the default as soon as is reasonably practicable and / or provide the Customer a credit against the Service Charges.

 

 

5
Greeters
5.1Fastrack VIP work with an extensive network of licensed and trusted Greeters around the world.
5.2All our Greeters observe and comply with all relevant security procedures, rules, regulations, policies, regulatory obligations as applicable. All Fastrack VIP Agents are required to display photographic airport issued identity cards
5.3All Greeters maintain maximum discretion and will be smartly dressed. They will identify themselves by displaying a sign at the arrival or departure meeting point showing the name of the Client or any other reference/alias that has been requested.
5.4At certain locations individual Agent information will not be available. In that situation we will advise the duty office number as an alternative.

 

 

6
Service Duration
6.1Service durations for each individual airport service are provided at the time of quotation and displayed as part of the Service Descriptions available via our website and reservations platform.
6.2Clients will be provided with an allocated time slot for meeting a Greeter at the relevant airport.  In the event of a delay, the confirmation document advises the Client that they must contact Fastrack Operations or the meeting Greeter direct as soon as possible.
6.3VVIP Departure Services : It is the Clients responsibility to arrive at the VIP Suite within the advised minimum time as detailed in the Service Description to ensure any check-in and baggage formalities can be undertaken.
6.4In the event that a Client arrives at the airport ahead of the service duration window the Agent will only appear at the agreed rendezvous time.  The Customer shall endeavor to advise the Client that in the event they arrive earlier than expected to contact their greeter to advise of their early arrival.
6.5Fastrack VIP reserves the right to cancel the service if Clients do not arrive within the time slot or they do not turn up at the airport save and accept upon the times when Fastrack VIP is notified of a delay.
6.6Fastrack VIP is not responsible for Clients arriving late to the airport which results in denied check in or boarding the aircraft.
6.7Any variation in service duration times will incur additional hours charges.

 

 

7
Service Meeting Points
7.1Meeting points for each individual service are provided at the time of quotation and displayed as part of the service descriptions available via our website and reservations platform.
7.2Any variation to the meeting point will be advised prior to the service commencing.
7.3Arrivals & Gate To Gate Flight Connection Meet & Assist  Service : The Client will be met typically at the end of the air bridge or entrance to Immigration unless an alternative meeting point has been pre- pre- advised prior to travel or detailed in the service description.
7.4If the aircraft is parked on a remote position and Clients are coached from the aircraft to the terminal building, the meeting point we be at the coach drop off point or the entrance to immigration.
7.5It is the relevant airport company who is responsible for the gates and stands allocated for flights. In the event of a last-minute arrival gate change the Greeter will endeavor to attend the revised gate as quickly as possible. In this circumstance we cannot guarantee that the Client will not be subjected to an additional wait time. Clients are advised to use the Greeters contact telephone number provided, to reach them if they are not at the gate upon arrival.
7.6Departure Meet & Assist Service :  The Client will typically meet their greeter at the vehicle drop-off points at the terminal (departures level), or another agreed rendezvous point unless an alternative meeting point has been pre- advised prior to travel or detailed in the service description.
7.7If the Client cannot be located the Greeter will wait for a reasonable amount of time before standing down.

 

 

8
Service Contact
8.1Fastrack VIP undertakes that it will only communicate with Clients for the purposes of providing the services, customer assistance services or to facilitate the purchase of services through a third party in a manner permitted in this Agreement or as otherwise agreed in writing by the Customer.
8.1Fastrack VIP will advise the Customer with the mobile telephone number of the assigned Greeter in advance of the service date. This usually occurs the day before service.
8.2At some locations individual Greeter information will not be available. In that situation we will advise the duty office number as an alternative.
8.3To help the Greeter to coordinate the meeting point and time we require driver / ground transport information 24 hours prior to travel.
8.4If no transport details are available, to ensure a smooth transition of service a Client contact number must be provided.
8.5The Greeter or the airport team may make contact with the Client or driver in advance of the service using the contact number provided to introduce themselves and finalize the meeting arrangements.
8.6Fastrack VIP accept no liability for any service failure if driver contact details or Client contact details have not been provided in advance.

 

 

9
Baggage
9.1Unless specified in the service descriptions available via our website and reservations platform, Fastrack VIP and its Agents are not insured to carry passenger baggage, including cabin baggage. Security requirements dictate that Clients must always keep their hand baggage with them, especially through security checks
9.2Porter services (where available) may be pre-booked where available for an additional charge.

 

 

10
Check-in, Boarding, Immigration & Security Fast-Track
10.1Fastrack VIP cannot guarantee priority at check in or during the boarding process. Greeters will assist with check-in formalities using the quickest option available based on the Client’s ticket/class of travel
10.2Fastrack VIP will not be responsible for delays or any denied access resulting from insufficient or out of date documentation.
10.3At many of the airports we serve Security and/ or Immigration Fast Track is included as part of the service as detailed in the individual Service Descriptions.
10.4At airports where Fast Track is not available or permitted by the airport authorities, Agents will assist Clients as much as possible to expedite the process where able, and in line with the local government and airport authorities regulations.
10.5The Clients will be escorted through security by Fastrack VIP Agents where local airport procedures permit. .
10.6In the event of a delay the Greeter will endeavor to change any immigration or security fast track lane reservations accordingly, however we cannot guarantee late access to the immigration or security fast-track priority lane will be permitted. This will be at the airport’s discretion.
10.7Security / Immigration Priority Lanes and airside access are subject to each individual airport’s operational restrictions.
10.8Fastrack VIP cannot guarantee availability of the fast-track priority channel at any airports, or that the queue time for the fast-track priority channel will be less than the standard security lane.  In the event of a closure / excessive queue at the priority channels Greeters will endeavor to ensure the Clients pass through in the quickest possible time.
10.9Fastrack VIP cannot go on board the aircraft itself, to assist a customer, on either an arrival or departure service, even if this is requested by the Customer or Client.

 

 

11
Executive Lounge
11.1Unless detailed otherwise in the individual Service Descriptions, Fastrack VIP Services do not include access to an airside executive lounge. Lounge access can be booked as an additional service.
11.2Fastrack VIP do not provide lounge services directly but through our third-party suppliers. The terms and conditions of each respective supplier will apply to your use of the lounge.  The Client shall ensure that they are abiding by the Terms of Entry for the specific lounge included as part of their Fastrack VIP booking.

 

 

12
Reservation Request
12.1Reservation requests will be accepted by Fastrack VIP via our online booking platform (pre-registered Customers only) or by contacting the Operations Service Centre enquiries@fastrackvip.com / +44 (0) 333 305 0000.
12.2The Customer should provide all the relevant details required to process a reservation, including but not limited to service & airport required, flight details, Client names, Client contact details and number of bags. The Customer remains responsible for ensuring that all details provided are correct.
12.3Reservations can be requested up to eleven (11) months ahead of the Services taking place. However, prices can only be guaranteed upon confirmation of the Reservation.
12.4Reservations for services due to start in less than 72 hours will be processed as a late Reservation requests. Late requests are subject to an additional charge which will be advised at the time of enquiry.
12.5Reservations will be confirmed by Fastrack VIP as quickly as possible. The Operations Team will maintain contact with the Customer during the reservation process.
12.6 Accepting a quotation or submitting a reservation via either our online booking platform or email does not indicate that a reservation is confirmed. Upon confirmation of the reservation the Operations Team will forward an email confirmation document to the Customer containing full details of the service.
12.7The Customer shall ensure that each person using the Service is aware of and accepts Fastrack VIP`s Terms and Conditions.

 

 

13
Service Fees
13.1The fees / rates (Service Fees) for the Services are on a time and materials basis for Services undertaken in the UK and overseas.
13.2There will be additional fees for any service duration extensions, changes to an existing reservation, night services, public holidays and late reservation requests. These charges vary by destination and are notified to the Customer when applicable.
13.3Any reservations made via the Fastrack VIP reservations platform will be subject to the addition any applicable additional fees including but not limited to night services, public holidays and late reservation requests in line with each service condition.
13.4Fees for any additional services and surcharges requested / undertaken, before, after and during a Service and not specified in the original quotation or invoice will be charged for in accordance with our then current, applicable rates in effect at the time of performance or such other rate as may be agreed between us.
13.5Any additional fees that are due to occur following commencement of a Service not limited to and including extensions to the standard service durations, will be communicated by Fastrack VIP to the Customer for approval before application. These fees are in accordance with our then current, applicable rates in effect at the time of performance or such other rate as may be agreed between us.
13.6The Fees are inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority except where specified otherwise
13.7Fastrack VIP reserves the right to increase its Service Fees and/or charges at any time.

 

 

14
Invoicing & Payment
14.1We will invoice you for payment of the Service the time of reservation. All invoices shall bear the booking reference number(s).
14.2The Customer agrees to pay to Fastrack VIP in full the Service Fee (s) by the due date specified on the invoice.
14.3The Customer agrees to pay in full for any additional Services, ancillary products, surcharges and fees, modifications and cancellation of the Services requested by the Customer / Client prior to or during the Service. These may be invoiced separately and the same terms for payment will apply.
14.4The Customer shall be liable settle all invoices in full, irrespective of whether it has sought or obtained repayment for all or any part of the Services from the Client.
14.5Without limiting any other right or remedy we have for statutory interest, failure to pay within the period set out above, we will charge you interest at the rate of 3% per annum above the base lending rate of the Bank of England on the amount outstanding until payment is received in full.
14.6In the event of a query / dispute in respect of any sum or part of any sum shown on an Invoice, the Customer shall immediately notify Fastrack VIP of the query or specify the reason for the dispute in writing and the parties will endeavor to resolve the problem promptly.
14.7If the Customer fails to notify or if the matter is not resolved by the due date for payment for any reason whatsoever, the Customer shall pay the invoice in full and, after due inquiry and if appropriate, Fastrack VIP shall promptly repay any sum which should not have been charged to the Customer.
14.8Fastrack VIP and the Customer shall pay all amounts due under this Agreement in full without any deduction except as required by law and neither party shall be entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any amount due, in whole or in part.
14.9Failure to pay an invoice may result in a suspension of any further provision of the Services and the cancelation of any future services which have been ordered by, or otherwise arranged with, you.
14.10All undisputed sums payable to the Supplier under this Agreement for Services supplied before the date of termination shall become due immediately on its termination, despite any other provision.
14.11All payments must be made in British Pounds unless otherwise agreed in writing between us.

 

 

15
Cancellation & Change Policy
15.1Any reservations  that are cancelled or changed within 48 hours of flight arrival / departure service start time are non-refundable.
15.2A UK departure service start time is defined as -3 hours before the flights scheduled time of departure.

An overseas departure service start time is defined as -2 hours before the flights scheduled time of departure.

15.3Cancellations made less than the above time frames, I00% of the customer’s payment is lost and no refund is due. For any cancellation greater than the above time frames, this can be covered without any penalty and therefore 100% of the customer’s payment can be refunded.
15.4Any refunds due, will be paid within 7 working days. Fastrack VIP are not responsible for delays outside of our control including flight delays or diverts, check in, immigration and baggage reclaim disruption
15.5If you wish to amend any details of the Service, you must tell us in writing as soon as possible. Any additional costs will be communicated before commencement of the Service and included in the Fees and invoiced to you.
15.6If, due to circumstances beyond our reasonable control, including those set out in clause 17 below (Circumstances Beyond A Party’s Control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.

 

 

16
Flight Delays
Please also refer to 17 Circumstance’s Beyond A Party`s Control
16.1Any variation in service times will incur additional hour(s) fees. If the flight arrives earlier than expected, is cancelled, or delayed, then we will only endeavor to provide a Greeter where resources are available, additional charges will apply.
16.2Departure services flight delays: the Greeter shall remain on duty for the service duration period based on the flights, original scheduled time of departure to assist with the departure formalities. A service extension may be requested and remains subject to availability and available resources. Additional per hour delay charges will apply.
16.3For Arrival services flight delays: where the arrival flight is delayed, we can only endeavor to provide cover where resources are available. A service extension may be requested and remains subject to availability and available resources. Additional per hour delay charges will apply.
16.4Flights cancelled or rescheduled for the following day will be considered as a service cancellation and non-refundable.  A new reservation will be required and remains subject to availability.

 

 

17
Circumstances Beyond A Party`s Control
17.1Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include but are not limited to: last minute gate changes, flight cancellations, flight delays, airport / airspace closure, power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, epidemic, pandemics, governmental action or any other event that is beyond the reasonable control of the party in question. Either of us may terminate or cancel the Services to be carried out under this Agreement

 

 

18
Complaints & Feedback
18.1.

 If you wish to make a compliant or suggestion regarding our services, please write to us as soon as possible (in any event not later than thirty (30) days of the service taking place) via email please to enquires@fastrackvip.com

 

 

19
Sub-contracting and Assignment
19.1.

We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party; provided always that the Supplier will remain responsible for its obligations under this Agreement.

 

 

20
Insurance And Indemnity
20.1Fastrack VIP shall hold all certificates and policies which may be necessary to honour its obligations under this Agreement, including:

Fastrack VIP holds Public Liability Insurance;

Fastrack VIP holds Data Protection Insurance;

Fastrack VIP hold Employers Liability Insurance; and

20.2The Supplier agrees to fully and effectively indemnify the Customer and to keep the Customer fully and effectively indemnified against any and all direct or indirect damages, compensation, claims, liabilities, penalties, fines, expenses (including legal expenses), actions, proceedings, demands and losses of whatever nature it incurs, directly or indirectly arising out of or in connection with this Agreement, the Packages and Services or the supply (or failure to supply) the Packages and/or Services (as applicable), including but not limited to:

a)    any acts, omissions, failures or breach or alleged breach of the terms of this Agreement by the Supplier, its servants, agents, employees or persons instructed by the Supplier to provide any aspect of the Packages and Services or services relating to the supply of the Services; or

b)    any non-compliance by the Supplier with any relevant laws and/or regulations of any relevant authority.

20.3In particular but without prejudice to clause 20.4, the Supplier shall indemnify the Customer against:

a)    any costs, expenses of whatever nature the Customer incur in investigating any incidents involving personal injury or death of any Client; and

b)    any sum which the Customer may have to pay any Client(s) in connection with any act or omission on the part of the Supplier or breach of this Agreement by the Supplier whether such sums are ordered to be paid by a court, tribunal of competent jurisdiction or such sums decided as appropriate by the Customer in its absolute discretion to resolve a complaint at any stage by a Client.

20.4The provisions of clauses 20.3 and 20.4 shall remain in full force and effect notwithstanding the expiry of this Agreement or earlier termination of this Agreement (howsoever arising).

 

 

21
Liability
21.1Each party’s liability to the other under this Agreement, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
21.2Other than in relation to any liability referred to or arising under clauses 20.2, 20.3 and 20.4, the total amount of either party’s liability to the other is limited to the total amount of the Service Fees payable by the Customer under this Agreement.
21.3Neither party is liable (whether caused by its employees, agents or otherwise) to the other in connection with our provision of the Services or the performance of any of its other obligations under this Agreement for:

a)    any indirect, special or consequential loss, damage, costs, or expenses or;

b)    any failure to perform any of its obligations to the extent that such delay or failure is due to any cause beyond its reasonable control; or

c)    any losses to the extent caused directly or indirectly by any failure of the other party or its breach of its obligations under this Agreement.

21.4Nothing in this Agreement shall limit or exclude either party’s liability for death or personal injury caused by its negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

 

 

22
Intellectual Property
22.1Neither party may publicly display, perform, broadcast, publish or distribute the materials of the other party (or any works containing or derivative of the materials of the other party) without first obtaining prior written approval from the other. Each party shall comply with any branding or trademark guidelines provided by the other in any use of licensed materials.
22.2We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

 

 

23
Data Protection And Privacy Policy
23.1Each party warrants and represents that it has made and undertakes that at all times during the Term of this Agreement it will maintain, any notification and registration required under the Data Protection Act 2018 and UK General Data Protection Regulation and any amendments thereto which relates to the performance of its obligations under this Agreement.
23.2In addition, each party undertakes that in the performance of this Agreement it will comply with data protection laws, and in particular the Data Protection Act 2018 and UK General Data Protection Regulation including any amendments thereto, and with any guidance issued from time to time by the Information Commissioner.
23.3All reservations made via the Fastrack VIP website are subject to the Privacy Policy displayed https://fastrackvip.com/privacy-policy/:

a)   Data collected via the Fastrack VIP website may be used to improve our products and services offered. We may use it for internal reporting and record keeping and for example to seek feedback on Client experiences.

b)    We do not sell, distribute or lease any personal information to third parties unless we have permission or are required by law to do so.

c)    All information is collected and stored securely. To prevent unauthorised access or disclosure we have put in place robust, suitable physical, electronic and managerial processes and procedures to safeguard this information.

 

 

24
Confidentiality
24.1Each party will only use Confidential Information to perform its obligations under this Agreement and will not cause or allow the information to be disclosed except:

a)    where required by law, court order or any governmental or regulatory body;

b)    to any of its employees, officers, sub-contractors, representatives or advisers who need to know the information in order to discharge its obligations under this Agreement and agree only to use the information for that purpose and not to cause or allow disclosure of that information;

c)    where the information has become generally available to the public (other than as a result of disclosure in breach of this Agreement by the party or any of its employees, officers, sub-contractors, representatives or advisers);

d)    where the information was available or known to it on a non-confidential basis before being disclosed under this Agreement; or

e)    Where the information was developed by or for it independently of this Agreement and is received by persons who are not the disclosing party.

 

 

25
Anti Bribery
25.1Fastrack VIP and its agents, sub-contractors, consultants or employees shall:

a)    comply with all applicable laws, regulations, statutes, and codes relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010 (Bribery Laws);

b)    not commit an offence under sections 1, 2 or 6 of the Bribery Act 2010;

c)    comply with any relevant industry code related to Anti-Bribery (Bribery Policies);

d)    shall have, maintain, and enforce throughout the term of this Agreement its own policies and procedures, to ensure compliance with the Bribery Laws and the Bribery Policies; and

e)    promptly report to the Customer any request or demand for any undue financial or other advantage of any kind received by the Supplier in connection with the performance of this Agreement.

 

 

26
None-Circumvention
26.1During the term of this Agreement both parties herby and confirm that the terms of this clause shall include and bind any associate, employee, consultant or advisor of either parties.
26.2Both parties hereby agree:

a)    not to deliberately or knowingly circumvent each other in any of its commercial / business agreements with clients, suppliers, distributers, brokers, dealers, business partners, sources, technology owners or other sub-contractors, financial institutions and subsidiaries;

b)    to conduct themselves in such a fashion as not to affect the contractual relationship between the other party and its business relations, to persuade the relations to cancel or refuse to do business with the other party in the future;

c)    warrant that they will not, at any time intentionally or knowingly: circumvent or attempt to circumvent the other Party and/or attempt to avoid, by-pass, contact, deal or obviate each other’s interest or the interest or relationship between the Parties in any way; solicit the sources or clients of the other Party at any time, or in any manner, directly or indirectly, to the exclusion of the other Party and with the purpose to circumvent the involvement of the other Party; or to change, increase or avoid directly Of indirectly payments of established or to be established fees, commissions; or intervene in pre-established relationships that bypasses one of the Parties and thus being to the detriment of the other Parties Party’s business.

 

 

27
Notices
27.1All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
27.2Notices shall be deemed to have been duly given:

a)    when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;

b)    when sent, if transmitted by email and a successful return receipt is generated;

c)    on the fifth Business Day following mailing, if mailed by national ordinary mail; or

d)   on the tenth Business Day following mailing, if mailed by airmail.

27.3All notices under these Terms and Conditions must be addressed to the most recent address, or email address notified to the other party.

 

 

28
No waiver
.28.1

No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

 

 

29
Termination
29.1

This Agreement begins on the effective date and shall expire at the end of the Initial Term, unless terminated earlier in accordance with this Agreement, or extended by mutual agreement.

29.2Either party may terminate this Agreement, for any reason by giving 60 days written notice and sent via courier or Royal Mail postal service to the respective business address.
29.3Either party can terminate this Agreement immediately by notice to the other party if the other party:

a)    commits a material breach of its obligations under these Terms and Conditions; or

b)    fails to make pay any amount due under this Agreement on the due date for payment; or

c)    is or becomes or, in the reasonable opinion of the notifying party, is about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or

e)    enters into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or

f)    convenes any meeting of its creditors, enters into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of its assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of it, notice of intention to appoint an administrator is given by it or any of its directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed, or petition presented to any court for its winding up or for the granting of an administration order in respect of it, or any proceedings are commenced relating to its insolvency or possible insolvency.

 

 

30
Consequences Of Termination
30.1

On termination of expiry of this agreement:

a)    the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding undisputed unpaid invoices in respect of Services supplied and any interest and, in respect of Services supplied but for which no invoice has been submitted, the Supplier may submit an invoice, which shall be payable within 30 days of the date of the invoice; and

b)    the Supplier shall immediately refund to the Customer any pre-payments made in respect of Services not supplied.

30.2

Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of this Agreement which existed at or before the date of termination or expiry.

30.3Other than as set out in this Agreement, neither party shall have any further obligation to the other under this Agreement after its termination.

 

 

31
Severance
3.1

If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

 

 

32
Law And Jurisdiction
32.1This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under this Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Wales.