terms and conditions.
1.1 The following terms shall have the following meanings:
“Account” an Account held under this Scheme
“Account Holder” the business in whose name the Account is held
“Agreement” the application form signed by the business and these Conditions
“Card” fuelGenie fuel card
“Cardholder” any person using a Card issued under the Scheme
“Company” Atos IT Services UK Limited, 4 Triton Square, Regent's Place, London NW1 3HG
“Conditions of Use” these conditions of use relating to the Scheme
“Deposit” the amount required by the Company to be paid by the business with the Agreement,
such sum to be returned by the Company to the business (interest-free) at the expiry or
termination of the Agreement
“Participating Site” an authorised site, which appears on the fuelGenie website
“Registered Vehicle” a vehicle registered on the Account by inclusion in the Agreement
signed by the business
“Scheme” the Atos Supermarket Fuel Card Scheme in respect of which Cards
are issued under this Agreement
“Scheme Address” fuelGenie, PO Box 6139, Wolverhampton, WV1 9RQ
Telephone 0845 371 2490
“Supplies” (i) fuel or (ii) fuel and oil, as set out in the Agreement
1.2 In these definitions the singular includes the plural and vice
versa; words denoting any gender includes all genders; words denoting persons include
partnerships and companies and vice versa.
1.3 Signature of and/or use of a Card constitutes acceptance by
the business of these Conditions of Use which supersede and shall be taken
to override any terms and conditions proposed or stipulated by the business.
2. The agreement
2.1 Authorisation by the Company of an Agreement under this Scheme
permits the business to use Cards to obtain Supplies for Registered Vehicles
at Participating Sites. A sales voucher shall be issued to the Cardholder at the
Participating Site in respect of each transaction.
2.2 Completion of this Agreement by the business constitutes
authorisation to the Participating Sites to accept any Card issued to the
business’s Account in payment of Supplies, provided that the Account and the Card
are valid and current at the date of supply.
2.3 The signature by a Cardholder of a sales voucher issued under
this Scheme shall constitute acceptance by the business that the details shown
on the sales voucher are true and accurate in all respects and that no other conditions
affect that transaction except as set out in these Conditions of Use.
2.4 Completion of this Agreement by the business authorises
the Company to debit the Account the sums contained in each sales voucher.
2.5 The business’s statutory rights are not affected by this
2.6 The business may cancel this Agreement at any time by
giving 14 days notice to the Company at the Scheme Address.
2.7 The Company may terminate this Agreement with immediate effect
in the event that (a) the business becomes insolvent, goes into liquidation,
whether compulsory or voluntary, has a receiver or administrator or administrative
receiver appointed over all or part of its property or business or is declared bankrupt
(as appropriate), or (b) the Scheme ceases to operate for any reason.
2.8 In the event that the Agreement is terminated or cancelled
for any reason by either party, the total outstanding balance on the Account shall
immediately become due and payable by the business in full and cleared funds
and the right to use the Cards shall automatically cease and all Cards issued to
the Account must be returned forthwith.
3. Use of fuel cards
3.1 Cards shall be issued to the business on (a) acceptance
by the Company of the completed Agreement, (b) completion of a satisfactory financial
search of the business by the Company, and (c) receipt by the Company of the
Deposit (where required).
3.2 Each Card shall include the name of the business, the
Card number, and the Cardholder name or the vehicle registration number. Cards shall
remain valid up to and including the date marked on the Card and shall be valid
for the purchase of Supplies at Participating Sites up to any maximum aggregate
credit limit placed on the Card as notified by the Company from time to time.
3.3 Cards remain the property of the Company and do not confer
any right to receive Supplies. Cards may be cancelled by the Company at any time
provided that notice, either oral or in writing, has been given to the business.
3.4 Cancelled Cards must be returned forthwith to the Company at
the Scheme Address. Any cancelled Card presented in connection with any transaction
for Supplies shall be retained; a sales voucher shall nevertheless be issued for
any Supplies already obtained by the Cardholder and the purchase sum debited to
3.5 The business shall notify the Company at the Scheme Address
of any change of name, address or commercial status of the business. Where
necessary replacement Cards shall be issued under the Scheme.
3.6 Damaged or faulty Card(s) shall be replaced by the Company
on receipt of the Card(s) by the Company at the Scheme Address.
3.7 If any Card is lost, stolen or otherwise no longer in the possession
of the business, the business shall immediately notify the Company at
the Scheme Address. Oral notification shall be confirmed in writing by the
business within 7 days. Notwithstanding the foregoing, the notification date shall
be the date on which the Company receives the written notification. Provided there
has been no fraud, negligence or other misuse of the Card by the business
or Cardholder in respect of such Card, the business shall not be liable for
any purchase made with the Card from the date of notification. The business
shall indemnify the Company against all claims, costs and expenses incurred by the
Company arising from theft, loss or misuse of the Card, whether fraudulent or not,
prior to such notification above or occurring as a result of any breach by the
business of these Conditions of Use.
3.8 The business may cancel a Card on notification and return
of the Card to the Company at the Scheme Address. The business shall be liable
for all purchases made with such Card prior to receipt of the Card at the Scheme
3.9 The Company shall not be liable to the business for any
loss, damage, cost or expense incurred as a result of any failure or refusal to
provide Supplies under the Scheme.
4.1 The Company shall debit the Account monthly with the aggregate
sum of the sales vouchers issued in the preceding month.
4.2 A statement showing the amount to be deducted from the Account
shall be issued to the business on the day following the last day of each
calendar month. The statement shall include the date, time, Card number, Participating
Site, description of Supplies provided, mileage (if available) and value (excluding
and including VAT) of each transaction.
4.3 All sums owing to the Company by the business as shown
in the statement referred to in 4.2 above shall be paid by means of the direct debit
mandate attached to the Agreement. The monthly debit shall be enacted on the 12th
of each month or on the next banking day thereafter. Any payment made by credit card
will be subject to a 2.35% handling fee.
4.4 If payments are not cleared by the business's bank under
4.3 above on the first presentation the Company shall have the right to place a
stop on the Card and the business's account will be closed and the Agreement
will terminate with immediate effect.
4.5 The business may request the Company to provide copies
of sales vouchers for transactions made on their Cards provided that the transaction
took place not more than 3 months prior to the date of the request.
5.1 The Company shall be entitled to amend these Conditions of
Use at any time by reasonable written notice to the business.
5.2 The Company may assign or transfer this Agreement and any or
all of its rights and liabilities under the Agreement by written notice to the business.
5.3 Where the business consists of two or more persons "the
business" in these Conditions of Use shall mean and include all such persons
and each or any of them. All obligations on the part of such business shall
be joint and several obligations of such persons.
5.4 The Company accepts no liability and gives no warranty, express
or implied, whether arising by common law or statue in relation to any transaction
by or Supplies supplied to the business by virtue of entering into the Agreement
and/or the use of the Card.
5.5 Save in relation to the Company’s liability for death or personal
injury caused by its negligence or for fraudulent misrepresentation, which shall
not be limited, the Company shall not be liable for loss whether arising from breach
of contract, tort (including without limitation, negligence), statutory duty or
otherwise, and whether direct or indirect, nor for any of the following: loss of
profits, loss of revenue, loss of savings (anticipated or actual), loss of contract,
loss of goodwill or loss of reputation, or any indirect or consequential loss or
5.6 Failure by the Company at any time to enforce any breach by
the business of these Conditions of Use or the Agreement shall not be construed
as a waiver by the Company of such Conditions of Use or Agreement and the Company
shall be entitled to enforce such breach at any time.
5.7 If any of these Conditions of Use or the Agreement shall be
deemed void for any reason whatsoever, but would be valid if part of the wording
were deleted any such conditions shall apply with such modifications as may be necessary
to make it valid and effective.
5.8 The information provided by the business in the Agreement
and accompanying documentation shall be held and used by the Company in compliance
with the Data Protection Act 1998.
5.9 The Agreement shall be governed by the laws of England & Wales
and shall be subject to the jurisdiction of the courts of England & Wales.