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+44
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[APPOINTOR NAME]
[APPOINTOR ADDRESS]
[DATE]
Dear Sirs,
Appointment Letter for Agent for Service of Process re. [APPOINTOR NAME] (Appointment #[X])
Apex Agency Services Ltd ("AASL") hereby confirms its appointment (the "Appointment") as Agent for Service
of Process for the Courts of England and Wales, with effect from [DATE], [YEAR] , for a duration of [X]
years, in respect of the following:
Appointor: [APPOINTOR NAME]
[APPOINTOR ADDRESS]
Appointor E-mail: [EMAIL ADDRESS]
Appointor Telephone: [TELEPHONE NUMBER]
Appointor Fax: [FAX NUMBER]
Documents: See Schedule A (attached)
Notice copied to: See Schedule B (attached)
By issuing this Appointment Letter, AASL undertakes to accept on the Appointor’s behalf any service of process issued out of the Courts of England and Wales in respect of any legal action or proceedings arising out of or in connection with the documents described in Schedule A, and will notify the Appointor by e-mail or facsimile transmission or conventional mail, to the effect that it has accepted such service on the Appointor’s behalf. Such notification need only inform the Appointor of the name of the party issuing
the proceedings, the date upon which AASL accepted such service and the date (if any) by which action must be taken to avoid judgment being entered against the Appointor in default of acknowledgement of service.
AASL will promptly thereafter, and also promptly after receipt of any further documents relating to such service, send by e-mail, facsimile transmission or airmail to the Appointor all such process documents (providing the Appointor has pre-funded any mailing or transmission costs thereof).
In the event that in the opinion of AASL, communications between AASL and the Appointor are disrupted in such a way that AASL is unable to communicate with, or send process Documents to the Appointor, AASL shall be under no responsibility for its failure so to do, but will use its reasonable endeavours to communicate with or send by some other means. AASL shall not have any responsibility to ensure actual receipt by the Appointor of any communication.
All notifications or communications from AASL to the Appointor will be sent to the address, person, e-mail address or facsimile number given in the Application. If the Appointor wishes to change any of these or any other information given in this Application, the Appointor must inform AASL in writing of such change.
In consideration of the Appointment, the Appointor agrees to pay AASL a fee of [FEE] GBP, such fee being based on the number of documents involved in the transaction ([X] documents) and the duration of the Appointment ([X] years). In addition the Appointor will pay AASL all expenses incurred or to be incurred by AASL in carrying out its duties as aforesaid. All fees and expenses shall be paid without any deduction for any taxes or other duties.
The Appointment of AASL shall cease on the Termination Date ( [DATE], [YEAR] ) unless prior thereto (i) AASL and the Appointor have agreed to extend the period of such Appointment on such terms as then agreed between AASL and the Appointor or (ii) the Appointor has notified AASL in writing that it wishes such Appointment to cease at an earlier specified date, in which case no refund of fees will be made.
Should the Appointor withdraw payment for any reason at any point during the life of the Appointment, or in the event of an invalid or disputed payment (chargeback), the Appointment shall be null and void.
The Appointor shall not have any right of action against AASL in respect of any failure by AASL to perform any of its duties in respect of the Appointment, unless such failure is due to the gross negligence or wilful default of AASL. The Appointor will indemnify AASL from and against all liabilities, claims, costs, charges and expenses arising, incurred or sustained by AASL in any way out of the Appointment, unless such liabilities, claims, costs, charges and expenses arise or are incurred or sustained as a direct result of the gross negligence or wilful default of AASL.
AASL will use the data supplied to it by the Appointor for processing the Appointment and for providing its services subsequent thereto. Such data will not be used for any other purpose or disclosed to any third party, except for its use in the settling of payment.
(“Transaction Data”). Transaction Data will be supplied only to WorldPay Limited, of Units 270 -289, The Science Park, Milton Road, Cambridge CB4 0WE (“WorldPay”). All data transmitted to AASL will be gathered in accordance with the Data Protection Act 1998.
AASL shall have no obligations or duties other than those expressly set out herein or in the Appointment and, in particular, nothing in any document mentioned in the Application shall override these Terms and Conditions and AASL shall not be deemed to have notice of any provision of any such document.
No person other than a party to the Appointment shall have the right by virtue of the Contracts (Rights of Third Parties) Act 1999 to enforce any term (express or implied) of the Appointment, but this is without prejudice to any right or remedy of the third party which may exist or be available apart from that Act.
No person other than a party to the Appointment shall have the right by virtue of the Contracts (Rights of Third Parties) Act 1999 to enforce any term (express or implied) of the Appointment, but this is without prejudice to any right or remedy of the third party which may exist or be available apart from that Act.
All Acts referred to in these Terms and Conditions are those of England and Wales. The Appointment and these Terms and Conditions shall be governed by and construed in accordance with English law. All parties to the Appointment submit irrevocably to the exclusive jurisdiction of the courts of England and Wales.
Apex Agency Services Limited
Apex Agency Services Limited (Registered in England No. 5322656) is part of Apex Group Ltd.
Schedule A: Documents
Appointor: [APPOINTOR]
Ref. No: [X]
Document Title Parties
Schedule B: Copy Addresses
Appointor: [APPOINTOR]
Ref. No: [X]
Document Title Parties