Terms and Conditions

Terms and Conditions For The Hire Of Equipment

General:

The terms and conditions set out below shall be the basis of all Contracts of Hire with Beyond Marathon Ltd  which shall be concluded by a Rental Agreement form by any person, persons or body corporate and the handing over of goods by Beyond Marathon Ltd  on the basis of such Rental Agreement.

 

Definition:

In these terms and conditions Beyond Marathon Ltd  means Beyond Marathon Ltd  limited whose principal place of business is 10 Newdale Halt, Telford, TF3 5GF. The customer or client shall mean any person, persons or body corporate entering into a rental agreement with Beyond Marathon Ltd  for the hire of goods and equipment. “Goods and equipment” referred to in “The terms and conditions” refer to those set out below and shall be the sole conditions of any contract with Beyond Marathon Ltd  subject to any addition or amendment which shall be in writing and ratified by a Director of Beyond Marathon Ltd .

 

The Period of Hire:

 

1. The period of hire shall commence with the client taking possession of the equipment (whether or not such receipt shall have been from Beyond Marathon Ltd or courier service ) and shall terminate when equipment is returned.

2. Where equipment is delivered or collected by client, client’s servant or agents such delivery or collection is at the client’s risk and expense and the client shall be liable for physical loss and damage and delay to the equipment from the time the equipment leaves Beyond Marathon Ltd ’s premises until it is returned to Beyond Marathon Ltd ’s premises whether or not the equipment is being delivered or collected by Beyond Marathon Ltd  or is in the custody of Beyond Marathon Ltd , it’s directors, servants or agents.

3. Where collection is provisioned, the client must collect the equipment between 14:00hrs and end of business on the agreed on hire date and return the equipment by 11:00hrs on the agreed off hire date.

4. Where carriage is arranged by the client for return of goods, the goods will be dispatched no later than 24 hours after the event ends unless otherwise agreed

5. Good returned later than 7 days after end of hire date will incur late return fees; see Debt Recovery process

 

Equipment:

 

1. The client will satisfy himself on taking possession of all equipment that it is in good working order and in undamaged condition. The client’s signature on the rental agreement will be taken as conclusive evidence that such agreement has been satisfied. Any matters relating to the sub-standard condition or working of the equipment must be referred to Beyond Marathon Ltd and (if the rental is to proceed) a note endorsed on the Rental Agreement to be countersigned by Beyond Marathon Ltd .

 

2. All equipment on hire remains the absolute property of Beyond Marathon Ltd.

 

3. The client shall have no authority to transfer or otherwise part with possession of the equipment during the period of hire unless the express written consent of Beyond Marathon Ltd is first obtained.

 

4.In the event that the client intends to take equipment on hazardous assignment then consent must first be obtained from Beyond Marathon Ltd who may at their sole discretion vary the terms of the rental.

 

Damage or Loss to Equipment Hired:

  1. It shall be the absolute responsibility of the client to ensure the safe keeping of equipment and the client will indemnify Beyond Marathon Ltd in respect of any loss or damage howsoever caused whilst in the client’s possession.

  2. All damage or loss will be notified to Beyond Marathon Ltd immediately (or as soon as practicable) following which the goods must be returned to Beyond Marathon Ltd for repair or replacement should repair be uneconomic. The client may carry out repairs to the damaged equipment with the express consent of Beyond Marathon Ltd and shall otherwise make no attempt to examine, diagnose, repair or remove the outer casing of the equipment hired.

  3. The client shall be liable to pay the full cost of repair and / or replacement of any equipment lost or damaged beyond repair with reference to new equipment of the same or nearest available specification

  4. The client will be respsonsiblefor the remaining yearly subscription cost of the device data-subscription, plus any associated cancellation fees levied by the network and or manufacturer. These fees are typically £250.00 per year.

  5.  In the event of loss or damage to equipment the period of hire will without further reference to the client extend until such time as full reimbursement for the cost of replacement of the lost or damaged equipment has been made whether or not such period extends beyond that of the original rental agreement.

 

Liability:

1. Beyond Marathon Ltd shall not be liable under any circumstances whatsoever for losses incurred by the client due to faulty or non-functioning equipment during the period of hire. Beyond Marathon Ltd will however take all steps to ensure that faulty equipment is replaced as soon as possible with either the same or similar equipment.

2. The client will indemnify Beyond Marathon Ltd at all times fully against any liabilities, demands, actions, claims or proceedings arising from or in connection with the equipment hired.

3. In the event that the client shall create, use with or in conjunction to any equipment hired any unique or original material or matter Beyond Marathon Ltd shall have no liability whatsoever in respect of the loss, damage or imperfection of any such material and the client will fully indemnify Beyond Marathon Ltd in respect of any such claims by a third party.

 

Rental Fees:

1. During the Rental agreement the client will pay the rental fee as specified in the Prices page of the website. In the event of the Rental Agreement specifying a 1-3 days, weekly, 2-weekly or monthyl rate then such rate will be charged to the end of the day on which the equipment is returned.

2. Beyond Marathon Ltd reserve the right to charge a cancellation fee not exceeding the full rental charge under the Rental Agreement.

3. All fees under the Rental Agreement will be discharged at the time of the client returning the equipment or with the specific consent of Beyond Marathon Ltd up to thirty days after the date of any invoice subsequently issued.

4. Beyond Marathon Ltd reserve the right to charge at the daily rate for any late returned equipment.

5. Beyond Marathon Ltd reserve the right to determine the contract and recover any equipment hired in the event of bankruptcy, insolvency or liquidation of the client.

6. Where the client is a body of corporate registered in the United Kingdom Beyond Marathon Ltd may in their sole discretion require a surety to the Rental Agreement. The surety hereby agrees to indemnify Beyond Marathon Ltd in respect of all sums due under the Contract of Hire in the event of partial or total default by the Client Company.

 

Payment:

1. Payment for hire goods ordered can be made in advance unless the customer shall have been granted a website login for purchase order, implying a credit account. Beyond Marathon Ltd shall have agreed such facility in writing and the existence of a credit account will be indicated on the Purchase Order, together with the specific credit period. In the absence of any specific credit period the invoice shall be construed to express a maximum period of thirty days.

2. Beyond Marathon Ltd reserve the right to add to any overdue balance at the due date an additional sum calculated by reference to 4% per annum above clearing bank base rate for the time being on any outstanding balance accruing on a daily basis.

3. Where an order made by customers is accepted by Beyond Marathon Ltd and a deposit is paid over by the customer and such sum is agreed between the parties, Beyond Marathon Ltd reserve the right to retain the full amount of the deposit to set against any costs they incur in fulfilling the customer’s order.

 

Debt Recovery Process

Beyond Marathon Ltd operate a debt recovery process aligned with the FSB procedures.

Late Return Fees

All hire stock received back later than 7 days after the  end of hire period will automatically incur an invoice for an additional one week’s hire at the current standard weekly hire rate to cover loss of business, which is (as of 1st January 2020):

  • GSM Units        £30

  • SPOT Units       £35

  • Iridium Units      £45

Each subsequent week the tracker is not returned, the invoice amount will increase at the same weekly rate to a maximum of 4-weeks at which point a Final Notice is issued. Each week a new invoice updated will be raised and sent, and reminders sent.

Final Notice - Failure to return goods and pay any late return fee invoices.

The Final Notice sent by recorded post is the last piece of correspondence the client will receive from Beyond Marathon Ltd before recovery action or legal proceedings begin. The Final Notice will highlight missing stock, and invoice total to date. The client will then have 14 days to return goods and make final payment for the late return of goods before legal action is taken.

Legal action

At this stage Beyond Marathon have two options depending on the size of the debt owed

.

Debt collection

In the case of debts under £1000.00, Beyond Marathon Ltd always sell the debt to a licensed debt collection agency.  The Debt Collection agency settle the client’s debt, and Beyond Marathon Ltd then have no further interest in the debt or recovery. The client’s debt then lies with the collection agency directly. The debt collection agency will add their own fees to the debt and call on the client in person to make collection. If the client is unable to pay the outstanding sum, it may lead to insolvency proceedings and bailiffs being called by the debt collection agency to retrieve assets equalling that amount.

Small claims court

In the case where debts are over £1000.00 the client will receive a summon to the small claims court. This will usually mean the client is ordered to repay any debt, interest which have been accrued because of having to pursue legal action. The debt will include the hire cost for every week since the tracker was not returned, to the date where the case is heard by the court.  This is usually 8-16 weeks, depending on the schedule of the courts. The client will also be ordered to pay all legal fees for solicitors and barristers.

Advice on seeking legal help can be found at

https://www.citizensadvice.org.uk/law-and-courts/legal-system/finding-free-or-affordable-legal-help/

Data Protection Policy

 

·         Policy prepared                                                 01/11/2017 

·         Approved by board / management on:              01/11/2017

·         Policy became operational on:                          01/11/2017

·         Last Review                                                      19/08/2020 

·         Next review date:                                              18/08/2021  

Contents

  1. Introduction. 3

  2. Why this policy exists. 3

  3. Data protection law.. 3

  4. People, risks and responsibilities /Policy scope. 3

  5. Data protection risks. 4

  6. Responsibilities. 4

  7. Data use. 6

  8. Disclosing data for other reasons. 7

 

 

Introduction

Events Tracking Ltd needs to gather and use certain information about individuals. These can include customers, suppliers, business contacts, employees and other people the organisation has a relationship with or may need to contact. This policy describes how this personal data must be collected, handled and stored to meet the company’s data protection standards — and to comply with the law.


Why this policy exists

 

This data protection policy ensures Events Tracking Ltd:

 

·             Complies with data protection law and follow good practice.

 

·             Protects the rights of staff, customers and partners

 

·             Is open about how it stores and processes individuals’ data

 

·             Protects itself from the risks of a data breach

 


Data protection law
The Data Protection Act 1998 and General Data Protection Regulation (GDPR) (EU) 2016/679 is a regulation in EU law on data protection and privacy for all individuals within the European Union. It also addresses the export of personal data outside the EU. They describe how organisations — including Events Tracking Ltd— must collect, handle and store personal information. These rules apply regardless of whether data is stored electronically, on paper or on other materials.

 


To comply with the law, personal information must be collected and used fairly, stored safely and not disclosed unlawfully. The Data Protection Act is underpinned by eight important principles. These say that personal data must:

 


1. Be processed fairly and lawfully
2. Be obtained only for specific, lawful purposes
3. Be adequate, relevant and not excessive
4. Be accurate and kept up to date
5. Not be held for any longer than necessary
6. Processed in accordance with the rights of data subjects
7. Be protected in appropriate ways
8. Not be transferred outside the European Economic Area (EEA), unless that country or territory also ensures an adequate level of protection
 

 

 People, risks and responsibilities /Policy scope

 

This policy applies to:

 

•        The head office of Events Tracking Ltd

 

•        All branches of Events Tracking Ltd

 

•        All staff and volunteers of Events Tracking Ltd

 

•        All contractors, suppliers and other people working on behalf of Events Tracking Ltd

 


It applies to all data that the company holds relating to identifiable individuals, even if that information technically falls outside of the Data Protection Act 1998. This can include

 

Names of individuals

 

•        Postal addresses

 

•        Email addresses

 

•        Telephone numbers

 

•        Plus any other information relating to individuals

 


Data protection risks

 

This policy helps to protect Events Tracking Ltd from some very real data security risks, including:

 

•        Breaches of confidentiality. For instance, information being given out inappropriately.

 

•        Failing to offer choice. For instance, all individuals should be free to choose how the company uses data relating to them.

 

•        Reputational damage. For instance, the company could suffer if hackers successfully gained access to sensitive data.

 


Responsibilities

 

Everyone who works for or with Events Tracking Ltd has some responsibility for ensuring data is collected, stored and handled appropriately. Each team that handles personal data must ensure that it is handled and processed in line with this policy and data protection principles. 

However, these people have key areas of responsibility:

 

The board of directors is ultimately responsible for ensuring that Events Tracking Ltd meets its legal obligations. The data protection officer is responsible for:

 

•        Keeping the board updated about data protection responsibilities, risks and issues

 

•        Reviewing all data protection procedures and related policies, in line with an agreed schedule.

 

•        Arranging data protection training and advice for the people covered by this policy

 

•        Handling data protection questions from staff and anyone else covered by this policy

 

•        Dealing with requests from individuals to see the data Events Tracking  Ltd holds about them (also called ‘subject access requests’).

•        Checking and approving any contracts or agreements with third
parties that may handle the company’s sensitive data.

 

The IT manager is responsible for:

 

•        Ensuring all systems, services and equipment used for storing data meet acceptable security standards.

 

•        Performing regular checks and scans to ensure security hardware and software is functioning properly.

 

•        Evaluating any third-party services the company is considering using to store or process data. For instance, cloud computing services.

 


The marketing manager is responsible for:
Approving any data protection statements attached to communications such as emails and letters.
Addressing any data protection queries from journalists or media outlets like newspapers. Where necessary, working with other staff to ensure marketing initiatives abide by data protection principles.

General staff guidelines

 

•        The only people able to access data covered by this policy should be those who need it for their work.

 

•        Data should not be shared informally. When access to confidential information is required, employees can request it from their line managers.

 

•        Events Tracking Ltd will provide training to all employees to help them understand their responsibilities when handling data.

 

•        Employees should keep all data secure, by taking sensible precautions and following the guidelines below.

 

•        In particular, strong passwords must be used and they should never be shared.

 

•        Personal data should not be disclosed to unauthorised people, either within the company or externally.

 

•        Data should be regularly reviewed and updated if it is found to be out of date. If no longer required, it should be deleted and disposed of.

 

•       Employees should request help from their line manager or the data protection officer if they are unsure about any aspect of data protection. 
 
Data storage

 

These rules describe how and where data should be safely stored. Questions about storing data safely can be directed to the IT manager or data controller. When data is stored on paper, it should be kept in a secure place where unauthorised people cannot see it. These guidelines also apply to data that is usually stored electronically but has been printed out for some reason:

 

•        When not required, the paper or files should be kept in a locked drawer or filing cabinet.

 

•        Employees should make sure paper and printouts are not left where unauthorised people could see them, like on a printer.

 

•        Data printouts should be shredded and disposed of securely when no longer required.
When data is stored electronically, it must be protected from unauthorised access,
accidental deletion and malicious hacking attempts:

 

•        Data should be protected by strong passwords that are changed regularly and never shared between employees.

 

•        If data is stored on removable media (like a CD or DVD), these should be kept locked away securely when not being used.

 

•        Data should only be stored on designated drives and servers, and should only be uploaded to an approved cloud computing services.

 

•        Servers containing personal data should be sited in a secure location, away from general office space.

 

•        Data should be backed up frequently. Those backups should be tested regularly, in line with the company’s standard backup procedures.

 

•        Data should never be saved directly to laptops or other mobile devices like tablets or smart phones.

 

•        All servers and computers containing data should be protected by approved security software and a firewall.
 

Data use

Personal data is of no value to Events Tracking Ltd unless the business can make use of it. However, it is when personal data is accessed and used that it can be at the greatest risk of loss, corruption or theft:

 

•        When working with personal data, employees should ensure the screens of their computers are always locked when left unattended.

 

•        Personal data should not be shared informally. In particular, it should never be sent by email, as this form of communication is not secure.

 

•        Data must be encrypted before being transferred electronically. The IT manager can explain how to send data to authorised external contacts.

 

•        Personal data should never be transferred outside of the European Economic Area.

 

•        Employees should not save copies of personal data to their own computers. Always access and update the central copy of any data.
 

 

Data accuracy

 

The law requires Events Tracking Ltd to take reasonable steps to ensure data is kept accurate and up to date. The more important it is that the personal data is accurate, the greater the effort Events Tracking Ltd should put into ensuring its accuracy. It is the responsibility of all employees who work with data to take reasonable steps to ensure it is kept as accurate and up to date as possible. 

 

•        Data will be held in as few places as necessary. Staff should not create any unnecessary additional data sets.

•        Staff should take every opportunity to ensure data is updated. For instance, by confirming a customer’s details when they call.

 

•        Events Tracking ltd will make it easy for data subjects to update the information Events Tracking Ltd holds about them. For instance, via the company website.

 

•        Data should be updated as inaccuracies are discovered. For instance, if a customer can no longer be reached on their stored telephone number, it should be removed from the database.

 

•        It is the marketing manager’s responsibility to ensure marketing databases are checked against industry suppression files every six months.

 

Subject access requests

 

All individuals who are the subject of personal data held by Events Tracking Ltd are entitled to:

 

•        Ask what information the company holds about them and why.

 

•        Ask how to gain access to it.

 

•        Be informed how to keep it up to date.

 

•        Be informed how the company is meeting its data protection obligations.

 


If an individual contacts the company requesting this information, this is called a subject access request. Subject access requests from individuals should be made by email, addressed to the data controller at info@beyondmarathon.com te data controller can supply a standard request form, although individuals do not have to use this.  Individuals will be charged £10 per subject access request. The data controller will aim to provide the relevant data within 14 days.

 

The data controller will always verify the identity of anyone making a subject access request before handing over any information.
 

Disclosing data for other reasons

 

In certain circumstances, the Data Protection Act allows personal data to be disclosed to law enforcement agencies without the consent of the data subject.  Under these circumstances, Events Tracking Ltd will disclose requested data. However, the data controller will ensure the request is legitimate, seeking assistance from the board and from the company’s legal advisers where necessary.
 
Providing information

 

Events Tracking Ltd aims to ensure that individuals are aware that their data is being processed, and that they understand:

 

•        How the data is being used

 

•        How to exercise their rights 

 

To these ends, the company has a privacy statement, setting out how data relating to individuals is used by the company.


Events Tracking Ltd capture your company name, contact names, telephone number,  email and postal address details,  and tracking reservation information. This information is captured by Jotform.com a cloud-hosted solution provider. Their compliance to EU Data Protection and GDPR can be found here https://www.jotform.com/eu-safe-forms/
with a Privacy Statement here         https://www.jotform.com/privacy/
 
The GPS Tracking data related to our tracking devices is a temporary mapping between a GPS TrackerID and a Group Name.  The database relationship lasts for the duration of the event or expedition only and is subsequently removed.  All tracking data is purged after 90 days.

Expedition GPS Tracking

Telford, UK

OS data © Crown copyright and database right 2019

©2019 by Events Tracking Ltd